Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Each
certifying organization shall require registrants and certified AOD counselors to
comply with a code of conduct developed by the certifying organization in compliance
with the requirements of this regulation.
(b) At a minimum, the code of conduct shall
require registrants and certified AOD counselors to:
(1) Comply with a code of conduct developed by the
certifying organization;
(2) Protect the
participant's, patient's, or resident's rights to confidentiality in accordance with
Part 2, Title 42, Code of Federal Regulations;
(3) Cooperate with complaint investigations and
supply information requested during complaint investigations unless such disclosure
of information would violate the confidentiality requirements of Subpart 2, Title
42, Code of Federal Regulations.
(c) At a minimum, the code of conduct shall
prohibit registrants and certified AOD counselors from:
(1) Providing counseling services, attending any
program services or activities, or being present on program premises while under the
influence of any amount of alcohol or illicit drugs. As used in this subsection,
"illicit drugs" means any substance defined as a drug in Section
11014, Chapter 1, Division 10, Health
and Safety Code, except:
(A) Drugs or medications
prescribed by a physician or other person authorized to prescribe drugs, in
accordance with Section
4036, Chapter 9, Division 2, Business
and Professions Code, and used in the dosage and frequency prescribed; or
(B) Over-the-counter drugs or medications used in
the dosage and frequency described on the box, bottle, or package
insert.
(2) Providing services
beyond the scope of his/her registration or certification as an AOD counselor, or
his/her professional license, if the individual is a licensed professional as
defined in Section
13015;
(3) Discriminating against program participants,
patients, residents, or other staff members, based on race, religion, age, gender,
disability, national ancestry, sexual orientation, or economic condition;
(4) Engaging in social or business relationships
for personal gain with program participants, patients, or residents, their family
members or other persons who are significant to them;
(5) Engaging in sexual conduct with current
participants, patients, residents, their family members, or other persons who are
significant to them;
(6) Verbally,
physically, or sexually harassing, threatening, or abusing any participant, patient,
resident, their family members, other persons who are significant to them, or other
staff members.
(d) At its
discretion, the certifying organization may chose to exclude any conviction(s) for
usage or possession of drugs or alcohol, which occurred prior to the time of
registration for certification as an AOD counselor, as a violation of the code of
conduct.
(e) Each certifying
organization shall notify registrants and AOD counselors, in writing, of any changes
to its code of conduct.
(f) Certifying
organizations and AOD programs may impose more stringent standards at their
discretion.
1. New section
filed 3-25-2005; operative 4-1-2005 pursuant to Government Code section
11343.4
(Register 2005, No. 12).
Note: Authority cited: Sections
11755
and
11834.50,
Health and Safety Code. Reference: Sections
11833
and
11834.27,
Health and Safety Code.
