Law is not just law anymore, and it can be even used as an instrument of business scalability. The cornerstone of Kentucky’s prescription drug abuse legislation, KRS 222.430 et seq., is an important legal framework named after a Kentucky teenager, who died tragically as a result of the opioid crisis that afflicts our state and country. The statute provides for precommitment orders, i.e., involuntary commitment of persons manifesting severe substance abuse issues. The purpose of this legislation is to increase access to treatment for substance abusers; whether by way of residential drug treatment or inpatient medical detox. There are four qualifying criteria under the precommitment order portion of the Kentucky statute:

Understanding the purposes and methods of legal intervention can provide a useful model. What can, and should, the owners of small and medium sized enterprises (SMEs) take away from the Kentucky legislature’s approach to mitigating problems related to opioid abuse in their citizen’s lives? Namely, that intervening at the “problem stage” can produce outcomes that far exceed simple measures of effectiveness for traditional programs aimed at addressing root causes of social issues.

Similarities between legal and business intervention strategies can reinforce suggestive evidence-based outcomes. This is not to say that business owners should appropriate the techniques of a legislative body that is devoted to “making” people do anything. Rather, this is a humble reminder that regardless of the issue at hand – big (opioid abuse) or small (business growth) – it is usually better to start addressing issues before they become disproportionately huge. While there are many different mechanisms available to accomplish goals and objectives, and various stakeholders with differing agendas and end-games, proactive evidence-driven approaches are usually the best in terms of long-term success, because they not only define where you want to go, but also identify potential challenges and offers solutions for when or if those challenges should arise. If prevention funding has proven successful in establishing drug-free environments and preventing opioid abuse in Kentucky, an evidence-based approach that takes into account societal, familial, educational, and economic factors that contribute to social issues, then these same principles can be applied in a business environment to define how SMEs should spend their funding in order to gain the most utility. And maintaining an internal drug-free environment can help improve employee morale, support existing employees, and recruit new talent.

In order to accomplish these goals, business interventions and resolutions may include: At this point in time, it can be useful to obtain outside assistance. In the case of Casey’s Law, there was a team of professionally-trained counselors and staff called the “gatekeepers” who met weekly to discuss each case and recommended plans of action. This same procedure should be integrated in all well-run SMEs. Business owners should seek professional assistance through in-person or virtual companies, such as Up4Scale, that care about the long-term success of the company and can offer professional insight into issues that may not ordinarily be on the radar of a busy owner.

The case-by-case approach to legal and business intervention is necessary in order to foster growth and mitigate problems. A business approach to scalability and employee retention should consist of evidence-based practices focused on problem-solving, rather than problem-solving of evidence-based practices. This is not to presume that there is anything wrong with a “problem-solving” focus on evidence-based practices, but that if the evidence-based practices do not improve productivity or boost morale, then it does no good to adopt them in the first place. On the other hand, if they are more expensive but will have a greater impact on productivity and morale, even if marginally, then that can justify the additional resources expended. Consequently, the way forward for business owners concerned with their companies not being able to scale up is to implement gradual interventions that promote healthy work-life balance, and to take an evidence-based approach to resolving issues. The benefits of this type of approach can help prevent problems in the future, and in the process, a company’s implementation of these activities can improve employee performance. How exactly this is done can vary from business to business, but the key is for employers to first understand how laws like Kentucky’s Casey’s Law prevent substance abuse in the first place and then, how they can ensure the same for their business.