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Reading the regulations as they stood on June 1, 2015. Current text may differ.Switch to current
Current textIn force on June 1, 2015Source: annual CFR editions 2006–2016

§ 40.299 What is the SAP's role and what are the limits on a SAP's discretion in referring employees for education and treatment?

Current wording, in the annual edition revised as of Oct. 1, 2006.

govinfo, 2014 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 2014 edition's wording. An amendment that took effect between Oct. 1, 2014 and June 1, 2015 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.

(a) As a SAP, upon your determination of the best recommendation for assistance, you will serve as a referral source to assist the employee's entry into an education and/or treatment program.

(b) To prevent the appearance of a conflict of interest, you must not refer an employee requiring assistance to your private practice or to a person or organization from which you receive payment or to a person or organization in which you have a financial interest. You are precluded from making referrals to entities with which you are financially associated.

(c) There are four exceptions to the prohibitions contained in paragraph (b) of this section. You may refer an employee to any of the following providers of assistance, regardless of your relationship with them:

(1) A public agency (e.g., treatment facility) operated by a state, county, or municipality;

(2) The employer or a person or organization under contract to the employer to provide alcohol or drug treatment and/or education services (e.g., the employer's contracted treatment provider);

(3) The sole source of therapeutically appropriate treatment under the employee's health insurance program (e.g., the single substance abuse in-patient treatment program made available by the employee's insurance coverage plan); or

(4) The sole source of therapeutically appropriate treatment reasonably available to the employee (e.g., the only treatment facility or education program reasonably located within the general commuting area).

Amendment history

2 distinct wordings on file since Oct. 1, 2001
  1. Oct. 1, 2006 → presentannual editions 2006–2016diff vs. previousviewing
  2. Oct. 1, 2001 → Oct. 1, 2006annual editions 2001–2005

A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section.