10 KAR 7:010. Kentucky Agency for Substance Abuse Policy (KY-ASAP) Program and start-up funding.

10 KAR 7:010. Kentucky Agency for Substance Abuse Policy (KY-ASAP) Program and start-up funding.

RELATES TO: KRS 12.330, 12.332, 12.334, Chapter 13B, 45A.005-45A.020, 45A.035-45A.045, 45A.050, 45A.075, 45A.130, 45A.145, 45A.210, 45A.230-45A.235, 45A.480, 45A.695-45A.705, 45A.725, 222.211, 248.723

STATUTORY AUTHORITY: KRS 12.332(19)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 12.332 requires the Kentucky Agency for Substance Abuse Policy (KY-ASAP) to promulgate administrative regulations to develop a statewide strategic plan to reduce the prevalence of tobacco use and drug and alcohol abuse among both the youth and adult populations in Kentucky. This administrative regulation establishes: the mechanism for the distribution of start-up funds for the implementation of the approved long-term community strategy; the incentives to encourage formation of multicounty advisory and coordination boards; the composition of a local board; and reporting requirements.

Section 1. Definitions. (1) "Initial fiscal agent" means an entity that shall have a permanent representative on a local board and a financial structure that currently receives funding from state or federal government.

(2) "Kentucky Agency for Substance Abuse Policy or "KY-ASAP" means the agency established at KRS 12.330(1) to (3).

(3) "Local board" means that entity described at KRS 12.334(1).

Section 2. General. (1) KY-ASAP shall develop proposal instructions with advice from the following:

(a) KY-ASAP Board; and

(b) Cabinet for Health Services, Department for Mental Health and Mental Retardation Services.

(2) Instructions shall be contained in the Kentucky Agency for Substance Abuse Policy (KY-ASAP) Community Readiness Instrument, incorporated by reference.

(3) If a local board fails to comply with KRS 12.334, the Executive Director of KY-ASAP shall notify the chairman of the local board by letter that the existing board may be abolished.

(4) An adverse action letter to a local board chairman shall comply with the notice requirements of KRS Chapter 13B.

Section 3. Local Board Membership. (1) A local board representing more than one (1) county shall insure that each county is represented on the local board when requesting appointment for local board members.

(2) Membership of a single county local board shall be no less than fifteen (15) and no more than twenty (20) members.

(3) Membership of a multicounty local board shall be no less than fifteen (15) and no more than thirty (30) members.

(4) Membership of a single county local board for a county with a population exceeding 250,000 shall be no less than fifteen (15) and no more than thirty (30).

(5) The permanent membership of a local board shall include the:

(a) County judge executive or designee;

(b) Executive director of a community mental health center or designee;

(d) Coordinator of a family resource or youth services center;

(e) Superintendent of a local school district or designee; and

(f) Service Region Administrator of the Cabinet for Families and Children, Department for Community Based Services or designee.

(6) A nonpermanent board member shall be selected to fill remaining seats from the following areas:

(a) Business leaders;

(b) Religious leaders;

(d) Law enforcement;

(e) Media;

(f) Health care;

(g) Group with funds to provide alcohol, tobacco, and other drug prevention;

(h) Group with funds to provide alcohol, tobacco, and other drug treatment;

(i) Local leaders in the area of alcohol, tobacco, and drug prevention;

(j) Member of existing health or related strategic planning initiatives; and

(k) University or local college that serves the county.

(7) Representatives appointed under any paragraph in this section, excluding subsection (5)(a) of this section, shall not comprise more than ten (10) percent of the total board membership.

(8) Representation from health departments and community mental health centers shall be equivalent.

Section 4. Local Board Bylaws Requirement. (1) A local board shall include the following in written bylaws:

(a) Definition of officers and membership, and instructions for their selection;

(b) An organizational chart;

(d) description of procedures for decision making;

(e) policy for officer rotation;

(f) Establishment of meeting times at a regular hour and date;

(g) Description of procedure for dispute resolution; and

(h) Requirements for:

1. Preparation of a written agenda for a meeting;

2. Provision of a standard orientation for new members;

3. Distribution of meeting minutes to members prior to meetings;

4. Selection of a fiscal agent that receives state or federal funding, excluding the initial fiscal agent specified in Section 7(1) of this administrative regulation; and

5. Selection of fiscal agent to provide necessary insurance coverage for KY-ASAP local board activities.

(2) If local board membership requirements of KRS 12.334 or Section 2(5) of this administrative regulation are not met, the KY-ASAP Executive Director shall send written notification to:

(a) The convening agency, prior to or following board designation; and

(b) The fiscal agent and the chairperson of the board made known to KY-ASAP by the board, following designation.

(3) A local board shall include changes in membership in the semiannual report required by KRS 12.334(2).

Section 5. Application Process. (1) In order to approve start-up funding in accordance with Section 6 of this administrative regulation, a local board shall submit an application to KY-ASAP.

(2) If an applicant, during an initial submission period, includes a county also specified in another application, the applications duplicating counties shall be returned to the applicants for resolution.

(3) If application time frame does not allow for resolution of an overlapping county issue and this overlap remains in the final applications submitted, the applicants shall be issued a certified letter from KY-ASAP requesting the organizers to reapply during the next application cycle.

(4) The following process shall apply to an entity seeking to qualify as a local board:

(a) The applicant shall submit a letter of intent to begin the KY-ASAP local board and strategic plan development process;

(b) KY-ASAP shall respond to a letter of intent within fifteen (15) calendar days of receipt;

(c) The applicant shall then submit a community readiness document according to instructions in the "Local Board Announcement", incorporated by reference.

(5) For an applicant accepted into the program, payment of the initial lump sum shall require completion of the following:

(a) An approved community needs and resource assessment of existing or proposed strategic plans that address alcohol, tobacco, and other drug abuse prevention or treatment;

(b) A system structure plan that details local board development and activities;

(d) A list of nonpermanent local board members in place at the time of application submission;

(e) If the local board encompasses more than one (1) county, a letter of support from the judge executive each county affected;

(f) If a local board includes a city of the first or second class, a letter of support from the city's mayor;

(g) A written notice sent from the executive director to the initial fiscal agent:

1. Indicating approval; and

2. Including a letter of intent to contract, in compliance with applicable sections of KRS Chapter 45A;

(h) The contract shall specify:

1. Obligations of the parties;

2. Services to be provided;

3. Requirement for fund repayment;

4. Result of failure to meet contract provisions; and

5. Signature of the initial fiscal agent.

(6) Final lump sum payment shall be made following a fiscal review of the local board pertaining to:

(a) Fiscal review of the local board's use of initial start-up funding;

(b) Implementation of the long term community strategic plan; and

Section 6. Start-Up Funding. (1) In order to insure funding is received by local boards without unnecessary delay, KY-ASAP shall pay start-up funding in two (2) lump sum payments.

(2) Lump sum payments shall be used to develop and implement the long-term community strategy.

(3) No more than fifteen (15) percent of the total start-up funds shall be used prior to the KY-ASAP executive director's approval of the long-term community strategic plan.

(4) An initial lump sum payment may be made when at least one (1) more than half of the membership has been appointed to the board, if all other conditions are met.

Section 7. Start-Up Funding Payment. (1) The initial fiscal agent, upon receipt of notice of local board designation, shall submit a letter of agreement to KY-ASAP to serve as permanent fiscal agent.

(2) KY-ASAP shall award payments to a designated local board through that board’s selected fiscal agent, to the extent funds are available, as follows:

(a) $50,000 for a single county with a local board;

(b) An incentive of $110,000 for a single local board that coordinates a two (2) county local board;

(d) $200,000 for single local board that coordinates a multicounty area with a combined population of 250,000 or greater.

Section 8. Local Board Reporting. (1) A local board shall report semiannually to KY-ASAP in accordance with KRS 12.334(2) on the following dates:

(a) March 1; and

(b) September 1.

(2) KY-ASAP shall forward a copy of each report to the KY-ASAP Board.

(3) A copy of each semiannual report shall be included in the KY-ASAP Annual Report to the Legislative Research Center and the Governor, as required by KRS 12.332(20).

Section 9. Incorporation by Reference. (1) The following material is incorporated by reference:

(a) "Kentucky Agency for Substance Abuse Policy (KY-ASAP) Community Readiness Instrument, 2001"; and

(b) "KY-ASAP Local Board Announcement, 2001".

(2) This material may be inspected, copied or obtained, subject to applicable copyright law, at the Kentucky Agency for Substance Abuse Policy Office, 859 East Main Street, Suite 7A, Frankfort, Kentucky, Monday through Friday, 8 a.m. to 4:30 p.m. (28 Ky.R. 179; Am. 1152; 1342; eff. 12-19-2001)