Cal. Code Regs. Tit. 9, § 13060 - Code of Conduct

(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.

Notes

Cal. Code Regs. Tit. 9, § 13060

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.

1. New section filed 3-25-2005; operative 4-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 12).