Prevention and Training Branch
Limited Use Policy
Lesson Plan: ACSAP – Limited Use Policy – 06/24/05
SECTION I. ADMINISTRATIVE DATA
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Courses: Unit substance abuse awareness training
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Academic/Contact Hours: 1.00 Lecture
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Prerequisite Lesson(s): N/A
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References: AR 600-85, Army Substance Abuse Program (ASAP)
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Restrictions: This document contains no copyright/proprietary materials.
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Instructional Guidance: Review this lesson plan, slide show, and AR 600-85 chapter 6
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Student Study Assignments: None
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Equipment Required: Computer with Microsoft PowerPoint 2000 or higher, LCD projector, screen, and extension cord.
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Instructor Materials: This LP and PowerPoint presentation on the limited use policy from the UPL CD-Rom (Limited use.ppt).
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Student Materials: None, but check with your ASAP and see if they have any pamphlets, business cards or give-a-ways.
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Instructor to Student Ratio: 1:100
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Classroom Requirements: Any classroom arrangement where the student can see the screen.
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Risk Assessment Level: Low
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Safety Requirements: None
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Lesson Plan Approval: Reviewed by OTJAG and approved by Mr. Edwin Fisher, Chief Prevention and Training Branch, Army Center for Substance Abuse Programs (ACSAP)
NOTE: This lesson plan is scripted, you may rephrase the script to make it easier for you to say or add additional information on the slide show to help you remember what you want to discuss. Italicized words are either instructor actions (Next slide) or places to input your specific information [your name].
SECTION II. INTRODUCTION (5 Minutes)
Start the “Limited Use.ppt” presentation (Slide 1 – Warrior Pride Logo)
A. Motivator/lead-in:
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Good Morning/afternoon, for those of you who don’t know me, I am [your rank & Name], and I am the Unit Prevention Leader (UPL) or as you might call me the [Pee Master or other nick name]. Before we get started with the today’s training topic, I just want to take a minute to remind you of the Army Substance Abuse Program’s or ASAP’s Warrior Pride Campaign. We are Soldiers and Warriors for this country! We need every Soldier we have to protect this country, and therefore cannot afford to lose our fellow Soldiers needlessly to drug use or alcohol abuse. Be proud to be a Warrior – stay drug free and if you drink, then do so responsibly.
Advance Slideshow to slide 2
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Whether its post traumatic stress disorder, marriage or financial problems, or substance abuse; Soldiers seem to have trouble admitting they have a problem and seeking help for it; hell, most of us won’t even go on sick call unless we think we are dying. We are concerned about repercussions to our careers and what our leaders and our Soldiers will think of us. The Limited Use Policy was written to provide Soldiers who have a problem with drugs or alcohol a way to get help without having to worry about their careers.
Advance Slideshow to slide 3
The objective of today’s class is to help you become familiar with the limited use policy, how it works, and what evidence is protected from being used against a Soldier.
SECTION III. PRESENTATION (40 minutes)
Advance Slideshow to slide 4
A. The Objectives of the limited use policy are to:
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Help identify substance abusers by encouraging them to self-refer to the ASAP and provide treatment and rehabilitation for those Soldiers who demonstrate the potential for rehabilitation and retention.
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The Army doesn’t want to waste time and money on a Soldier who doesn’t really want help or a Soldier that isn’t worth keeping anyway.
Advance Slideshow to slide 5
B. What is the Limited Use Policy?
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The Limited Use Policy basically stops the commander and/or JAG from using certain information in a Courts Martial, for UCMJ action, or for a discharge’s characterization of service.
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Commander’s are mandated to initiate separation on all identified drug abusers except a Soldier that self refers to the ASAP either directly or through command channels. The commander may, if he/she chooses, still administratively discharge the Soldier, but the Limited Use Policy mandates that the Soldier will receive an Honorable Discharge.
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It should be noted that Soldiers who self refer are basically forgiven for their previous drug/alcohol abuse, but until they successfully completed their treatment program they are flagged. This prevents a substance abuser from getting promoted while in treatment.
Advance Slideshow to slide 6
C. So what is Protected Evidence?
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A Soldier can be singled out to provide a urine drug test or an alcohol test for a number of different reasons such as: Probable cause, fitness for duty, or rehabilitation. Let be briefly explain the difference.
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A probable cause test basically means that the commander has sufficient evidence to believe that the Soldier is impaired on duty by alcohol or has used drugs and that the drugs or alcohol are still in the Soldier’s body. It’s basically like getting a search warrant to search a Soldier’s urine.
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A fitness for duty also called a competence for duty or Command direct test is ordered by the commander when he/she believes that the Soldier is currently impaired because the Soldier is behaving in a bizarre manner. The test is ordered for the safety of the Soldier and the Soldiers around him/her. The results of this test are protected evidence and cannot be used against the Soldier. Basically, the search warrant wasn’t valid, so you can’t use it in court. The positive test results will be used to get the Soldier into treatment.
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A rehabilitation test is used to monitor whether or not a Soldier is staying clean and/or sober. This test is also protected evidence with one exception. A Soldier that is being treated for alcohol abuse can be tested for drugs and if it is positive then this test is not protected evidence. Many alcohol abusers will switch to marijuana or some other illegal drug to quit drinking.
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When a Soldier is enrolled into treatment he/she will explain their past drug use or alcohol abuse to the counselor. The information about possession of drugs and personnel use cannot be used against the Soldier. However, other illegal activities can, such as crimes committed under the influence, or distribution of drugs. You are forgiven for using not for dealing.
Advance Slideshow to slide 7
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The Army considers an OD or a possible OD as a cry for help and therefore treats a Soldier who ODs as a self referral. Therefore any evidence of drug use, to include possession for personnel use is protected evidence along with any drug tests that the hospital conducts. A pound of cocaine is not considered personnel use. If a doctor is treating a Soldier for anything else and does testing to confirm drug abuse then it is not protected evidence. Say a Soldier was hit by a car and is unconscious, after examining the Soldier, the doc believes that the Soldier is on a drug and orders a drug test. This is not protected evidence. The same holds true if the MPs arrest a Soldier and then take him/her to the hospital for treatment.
Advance Slideshow to slide 8
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Drugs and or their by products or metabolites remain in the body for a number of days after they are used. If a Soldier self refers he/she is basically forgiven for any prior drug use. Therefore, if the Soldier is tested before the drug has been eliminated form his/her body the test results are protected evidence.
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PVT Snuffy used cocaine on Sunday; the cocaine by products will be in his urine up to 3 days. So any urinalysis conducted in this time frame will be positive. If PVT Snuffy self referred on Monday then any test conducted through Wednesday were be protected evidence. Any urinalysis test conducted after the 3 days is not protected evidence; because to be positive PVT Snuffy must have used cocaine again.
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There is one more catch to this one. A Soldier cannot have a urinalysis test be protected by the limited use policy if he/she self refers after being notified of a test. In other words if PVT Snuffy were to walk up to me at a urinalysis and say “I want to self refer, I have a cocaine problem”; I would say great, but you still have to pee in the cup and may be prosecuted if the test comes up positive.
Advance Slideshow to slide 9
D. I have already covered a few of these, but these are cases where the Limited Use Policy does not apply:
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A positive test that results after the MP arrests a Soldier.
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A positive urine rehabilitation test on a Soldier who is enrolled for alcohol abuse.
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If PVT Snuffy tells his counselor that he couldn’t control himself and used again (after self referring), then this is not protected; only use prior to the self referral is protected.
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Soldiers enrolled in treatment are not only subject to rehabilitation testing, but also regular unit testing. If PVT Snuffy is enrolled in treatment and his name comes up to be tested in the monthly urinalysis, then he will provide a specimen. This is not a rehabilitation test and he can be punished as long as it was after the initial elimination period for the drug.
Advance Slideshow to slide 10
SECTION IV. SUMMARY and QUESTIONS (15 Minutes)
A. We talked about the objectives of the limited use Policy to encourage Soldiers to self refer and get treatment before they get in trouble and ruin their careers. We also went over in detail what is and what is not protected evidence. The bottom line is if you or someone you know has a drinking or drug problem get then get the help you need without jeopardizing your career before you screw up and end it.
B. Maintain your Warrior Pride and be drug free and if you choose to drink, then do so responsibly.
C. Does anyone have any questions about the Limited Use Policy and what we discussed today? Answer questions, if you are unsure of the answer tell them you will get an answer from the ASAP and let them know.
Advance Slideshow to slide 11
E. If you would like more information on limited use, drugs of abuse, alcohol or any other substance abuse issue please either see me after class or contact the ASAP at [ASAP address & telephone number] . Thank you for attention. WARRIOR PRIDE!
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