California Code of Regulations
Title 9 - Rehabilitative and Developmental Services
Division 4 - Department of Alcohol and Drug Programs
Chapter 3 - Programs for Alcohol and Drug Impaired Drivers
Subchapter 3 - Program Standards
Article 1 - General Standards
Section 9846 - Staff Qualifications and Function

Universal Citation: 9 CA Code of Regs 9846

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) The DUI program administrator shall have the following minimum experience and/or education:

(1) Two years of experience providing alcohol and/or other drug treatment or recovery services;

(2) One year of experience supervising personnel; and

(3) One year of experience managing an accounting system, or preparing or directing the preparation of budgets or cost reports. Satisfactory completion of two college-level courses in accounting may be substituted for the one year of experience required in this subsection. As used in this regulation, "satisfactory completion" means attainment of a grade of "C" or better.

(b) DUI program staff who conduct:

Educational sessions shall have a minimum of two years of experience in providing alcohol and/or drug education and information to persons with alcohol and/or other drug problems in a classroom setting or meet the staff qualifications required in Section 9846(c) or Section 9846(f).

(c) All DUI program staff who provide counseling services (as defined in Section 13005(a)(4)) shall be licensed, certified, or registered to obtain certification pursuant to Chapter 8 (commencing with Section 13000) or meet the qualifications required in subdivision (f).

(d) DUI program staff who provide counseling services (as defined in Section 13005(a)(4)) shall comply with the code of conduct, pursuant to Section 13060, developed by the organization by which they were certified or registered.

(e) Volunteers may assist in conducting educational sessions, group counseling sessions, intake interviews, face-to-face interviews, or assessments of alcohol and/or other drug problems.

(1) Volunteers assisting in the provision of educational sessions shall be under the direct supervision of a staff member who meets the requirements of Subsections (b) and (c) of this regulation. Volunteers assisting in the provision of counseling services shall be under the direct supervision of a certified counselor and shall adhere to the code of conduct specified in Section 13060.

(2) Volunteers shall not provide services unless the supervising staff member is present in the room during the provision of services.

(f) The DUI program may employ interns to conduct counseling or educational sessions. As used in this regulation, an "intern" is an entry level, paid staff member who does not have a minimum of 2,080 hours of experience in providing educational or counseling services to persons with alcohol and/or other drug problems. Prior to employing interns, the DUI program shall provide the Department with a description of its intern program, which shall comply with the following requirements:

(1) Interns may not comprise more than 20 percent of the DUI program's counseling staff.

(2) The DUI program shall designate a staff member who is licensed or certified pursuant to Chapter 8 (commencing with Section 13000) as the coordinator of its intern program.

(3) Prior to conducting services without direct supervision, each intern shall observe at least three hours of face-to-face interviews, 12 hours of educational classes conducted by staff who meet the requirements of Subsection (b) of this regulation, and 20 hours of group counseling sessions conducted by a certified counselor. The DUI program shall document the sessions in the intern's personnel record.

(4) The intern coordinator shall provide individual progress reviews with each intern on a weekly basis as long as the intern is employed as an intern or until the intern meets the requirements of subdivisions (b) and (c). The DUI program shall document individual progress reviews in the intern's personnel record.

(5) Administration and associated costs of interns may be allocated over as many alcohol and drug treatment programs within a given agency as use interns, proportionate to the number of interns used by each program.

(g) As used in this regulation, "a year of experience" means 2,080 total hours of full or part time, compensated or uncompensated, work experience.

(h) The DUI program shall maintain personnel records for all staff, including DUI program administrators, containing:

(1) Name, address, telephone number, position, duties, and date of employment;

(2) Resumes, applications, and/or transcripts documenting work experience and education used to meet the requirements of this regulation; and

(3) Personnel records for staff who provide counseling services (as defined in Section 13005) shall also contain:
(A) Written documentation of licensure, certification, or registration to obtain certification pursuant to Chapter 8 (commencing with Section 13000); and

(B) A copy of the code of conduct of the registrant's or certified AOD counselor's certifying organization pursuant to Section 13060.

1. Change without regulatory effect renumbering and amending former section 9846 to section 9878 and former section 9820 to section 9846 filed 4-15-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 20). For prior history, see Register 82, No. 47.
2. Amendment filed 11-18-91 as an emergency; operative 1-1-92 (Register 92, No. 8). A Certificate of Compliance must be transmitted to OAL 4-29-92 or emergency language will be repealed by operation of law on the following day.
3. Amendment refiled 4-27-92 as an emergency; operative 4-28-92 (Register 92, No. 19). A Certificate of Compliance must be transmitted to OAL 8-26-92 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-27-92 order transmitted to OAL 7-16-92 and filed 8-25-92 (Register 92, No. 35).
5. Amendment of section and NOTE filed 6-7-93; operative 7-7-93 (Register 93, No. 24).
6. Amendment filed 7-31-2002; operative 8-30-2002 (Register 2002, No. 31).
7. Amendment filed 3-25-2005; operative 4-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 12).
8. Amendment filed 3-22-2012; operative 4-21-2012 (Register 2012, No. 12).

Note: Authority cited: Sections 11755 and 11836.15, Health and Safety Code. Reference: Section 11836.15, Health and Safety Code.

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