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opnavinst 5350.4 d - Navy Medicine - U.S. Navy

opnavinst 5350.4 d - Navy Medicine - U.S. Navy

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OPNAVINST <strong>5350.4</strong>D<br />

4 Jun 09<br />

:. 3s:ny all information available (including self-<br />

~drnisslon, Ilrinalysis results, SARP screening results, service<br />

cecord, aLd chain of command recommendations), the commanding<br />

~tficer mLst make an initial decision on whether the member's<br />

drug use was -,vrongful. Proceed as directed below and either:<br />

(1 Jetermine that the member is a drug abuser.<br />

letermine that the member's positive urinalysis was the result<br />

~f know in^ drug use and initiate mandatory ADSEP processing.<br />

,4embers diagnosed as drug dependent will be offered treatment<br />

urror to separation.<br />

Determine that the member is not a drug abuser:<br />

Jetermlne Lnat the member's positive urinalysis was the result<br />

2f dnknowing drug use or a break in the chain of custody of the<br />

;rrne sample. In such cases, the positive urinalysis should not<br />

ne conslder~d a drug abuse incident and no DAAR submission is<br />

required. If the positive urinalysis is determined not to be a<br />

drug abuse incident, the command shall notify OPNAV (N135) and<br />

.he c:omrnand's immediate senior in command, echelon 2 or 3 via<br />

~fflciai correspondence of the circumstances that warranted such<br />

3 de+ermirLdtion. See appendix D for example of Determination of<br />

Jr~sit<br />

ivp rJrinalysis Letter.<br />

,I. It -est result is to be used in a court-martial or<br />

~drn~nistra:ive proceeding, and trial or administrative<br />

uroceedino (-annot be completed within 1 year from date of<br />

positive test results, cognizant command must request an<br />

extension r)f the 1 year period of custody for positive test<br />

-esults from tne NDSL that performed the test(s). When<br />

~rlnalysis results are used as evidence in a general or special<br />

-ourt-mart-(31, the command should consult with the trial counsel<br />

-9 determine wnen the laboratory may discard the positive<br />

;amp Le.<br />

!I. Joluntdry Self-referral Policy. All <strong>Navy</strong> personnel who<br />

self-refer for drug abuse to a qualified self-referral agent and<br />

;oriforn tc dl1 requirements for self-referral, as listed in<br />

2nclosure 1) of this instruction, shall be screened for drug<br />

dependency dc an appropriate medical facility by either a<br />

aedical atf~cer or LIP.<br />

1. Personnel who self-refer and screen as drug dependent<br />

;hal, be cocsidered valid self-referrals and are exempt from any<br />

Enclosure (2 )

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