Professional Services

CONSULTING SERVICES FOR ADDICTION TREATMENT PROVIDERS

Mr. Evans has decades of experience consulting with treatment programs on regulatory, policy and human resource matters. Addiction treatment providers are not immune to lawsuits or regulatory complaints. Providers must review their treatment protocols and workplace policies to ensure compliance and confidentiality. Treatment facilities must sort through the maze of regulations and confidentiality requirements imposed by state and federal law. Mr. Evans can help to keep you within the law and to help you to resolve complaints.

Mr. Evans provides policy guidance on the many issues affecting treatment providers.

David G. Evans, Attorney at Law

1. Treatment protocols and policies and forms
2. Employee policies and handbooks
3. Drug and alcohol testing
4. Human resource matters
5. Insurance denials for treatment
6. Compliance with treatment regulations
7. Governmental policy
8. Compliance with state treatment professional licensing
9. Confidentiality of provider records - 42 CFR 2 and HIPAA

• Release of information forms
• Subpoenas
• Staff training
• Reportable incidents
• Medical emergencies
• Dealing with family members
• Criminal investigations
• Research
• How to keep proper records
• Conflicts between state and federal law
• Juveniles
• Child abuse
• Bill collection for treatment

DRUG FREE WORKPLACE CONSULTING

Mr. Evans provides the following drug free workplace consulting services:

1. Legal and scientific justification for instituting testing policies.
2. Use of proper test procedures.
3. The creation, auditing, and updating of drug-free workplace policies, employee handbooks and forms.
4. Credibility in interpretation of test results.
5. Establishing grounds for suspensions, dismissals or treatment referrals.
6. Referrals of employees to substance abuse treatment programs.
7. Providing proper treatment
8. Last chance agreements for employees.
9. Confidentiality of substance abuse treatment records.
10. Governmental affairs and lobbying - state and federal.

Mr. Evans is the author of Drug Testing Law, Technology, and Practice, published by Thomson-Reuters. The book covers:

1. Overview of Drug Use, Testing, and Legalization
2. Public Employee Drug and Alcohol Testing - Constitutional and Procedural Issues
3. Private Employment and Common Law
4. Labor Law and Discrimination Law
5. Federal and State Testing Laws
6. Technical Issues
7. How to Establish a Drug Testing Program
8. Alcohol Testing in DUI/DWI Cases and in Employment Cases
9. Non-employment Applications for Alcohol and Drug Testing

Mr. Evans has served as the:

• Executive Director, National On-Site Testing Association, advocacy for on-site drug and alcohol tests in employment and criminal justice
• Executive Director, Drug Free Schools Coalition, advocacy for drug free schools and student drug testing

Mr. Evans has written numerous articles on drug and alcohol testing to include:

• “The FDA, CLIA and Employment Drug testing,” DATIA Focus, Spring 2010
• “Implementing a Drug-Free Workplace Program” Glass Magazine, May, 1995
• “Employee Drug Testing: Examination of Legal Battlefields Past and Future” Syva Monitor, Vol. 12, Number 1, l994
• "Employers Face Difficult Questions In Initiatives Against Alcohol Abuse” Occupational Health and Safety Magazine, September, l994
• "Disabilities Act to Affect Drug Testing" Forensic Urine Drug Testing, American Association for Clinical Chemistry, September 1993
• "A Dose of Drug Testing” Security Management Magazine, May, l992
• "Chain of Custody Errors Can Quickly Undermine the Case in Court” Occupational Health and Safety Magazine, April, l992
• "Drug Testing in the Motor Carrier Industry” The Docket United Bus Owners of America, November 1, l989
• "Drug Testing Decisions: Implications for EAPS” The EAP Digest, September/October, l989
• "Drug Testing: The Supreme Court's Rulings, Federal Regulations, and their Consequences for EAPs” The Almacan, June, l989
• "Decisions Set Precedent for Drug Testing Cases” Clinical Chemistry News, June, l989
• "Drug Testing-It Goes With the Job..." U.S. Journal of Drug and Alcohol Dependence, May, l989
• "Private Lives of Employees: How Much Should Employers Know?” Occupational Health and Safety Magazine, October, l988
• "Drugs or Alcohol on the Job” Business for Central New Jersey, October, 1988.
• "Keeping the Law on Your Side” Business and Health Magazine, July, 1988
• Employee Drug Testing: Recent Testimony Before the U.S.Senate” The Narc Officer, July/August, 1988; Syva Monitor, July, 1987
• "Legal Precedents Provide Drug Program Guidelines” Clinical Chemistry News, November, 1987
• "Drug Testing, Work Performance, and EAPs: Recent Legal Guidelines” The Almacan, December, 1986
• "Alcohol and Drug Testing in Industry” U.S. Journal of Drug and Alcohol Dependence, February, 1985

STATE AND NATIONAL POLICY ADVOCACY

Effective advocacy on state and national levels is a task that requires perseverance, passion and political connections. Often, businesses, organizations and trade associations do not have the time or resources to dedicate to building peer networks, completing extensive paperwork and conducting meetings with politicians and media representatives. David Evans understands the legislative and regulatory process and has built a worldwide network of people. He can quickly put together an effective coalition of qualified professionals to develop policy and promote platforms on behalf of clients. He has served as a delegate to several international conferences including at the United Nations in Vienna and New York and as an advisor to United Nations NGOs on international and national policy matters.

EXPERT WITNESS

Mr. Evans has served as an expert witness in the area of drug free workplaces and drug testing and drug policy. This involves preparing an expert report on an issue and then testifying in court or before a legislature.

LAW PRACTICE

Mr. Evans's law practice involves representing clients, consulting, and state and federal litigation in the areas of employment law and personal injury.

His employment law practice includes:

• Disability Discrimination
• Employee Benefits
• Employment Contracts
• Medical Leaves
• Sexual Harassment
• Whistleblower Protection

He is the author of the book:

Employee Medical Leave-Benefits and Disabilities Laws

His personal injury practice includes:

• Accidents and Automobile Crashes
• Medical Malpractice