1. (a) Upon completion of the initial treatment plan, the primary counselor shall arrange for the patient to receive at the licensed program a minimum of fifty (50) minutes of counseling services per calendar month, except as allowed in subsection (e) of this section, and shall be in accordance with the following:

2. (b) A counseling session shall qualify for the requirement in subsection (a) if:

   1. (1) The program staff member conducting the session meets minimum counselor qualifications, as specified in Section 10125.
   2. (2) The session is conducted in a private setting in accordance with all applicable federal and state regulations regarding confidentiality.

   3. (3) The format of the counseling session shall be one of the following:

      1. (A) Individual session, with face-to-face discussion with the patient, on a one-on-one basis, on issues identified in the patient's treatment plan.
      2. (B) Group session, with a minimum of two patients and no more than twelve patients and having a clear goal and/or purpose that is a common issue identified in the treatment plans of all participating patients.
      3. (C) Medical psychotherapy session, with face-to-face discussion conducted by the medical director on a one-on-one basis with the patient, on issues identified in the patient's treatment plan.

3. (c) The following shall not qualify as a counseling session for the requirement in subsection (a):

   1. (1) Interactions conducted with program staff in conjunction with dosage administration.
   2. (2) Self-help meetings, including the 12-step programs of Narcotics Anonymous, Methadone Anonymous, Cocaine Anonymous, and Alcoholics Anonymous.
   3. (3) Educational sessions, including patient orientation sessions specified in Sections 10280 and 10285.
   4. (4) Administrative intervention regarding payment of fees.

4. (d) The counselor conducting the counseling session shall document in the patient's record within fourteen (14) calendar days of the session the following information:

   1. (1) Date of the counseling session;
   2. (2) Type of counseling format (i.e., individual, group, or medical psychotherapy);
   3. (3) The duration of the counseling session in ten-minute intervals, excluding the time required to document the session as required in subsection (d)(4); and

   4. (4) Summary of the session, including one or more of the following:

      1. (A) Patient's progress towards one or more goals in the patient's treatment plan.
      2. (B) Response to a drug-screening specimen which is positive for illicit drugs or is negative for the replacement narcotic therapy medication dispensed by the program.
      3. (C) New issue or problem that affects the patient's treatment.
      4. (D) Nature of prenatal support provided by the program or other appropriate health care provider.
      5. (E) Goal and/or purpose of the group session, the subjects discussed, and a brief summary of the patient's participation.
5. (e) The medical director may adjust or waive at any time after admission, by medical order, the minimum number of minutes of counseling services per calendar month as specified in subsection (a) of this section. The medical director shall document the rationale for the medical order to adjust or waive counseling services in the patient's treatment plan as specified in Section 10305(h).

Note: Authority cited: Sections 11750, 11755, 11835, 11839.3 and 11839.20, Health and Safety Code. Reference: Sections 11839.3 and 11839.20, Health and Safety Code.

History

1. Change without regulatory effect renumbering and amending parts of former section 10070 to 10345 filed 6-3-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 34).

2. Amendment filed 3-15-96 as an emergency; operative 3-15-96 (Register 96, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-13-96 or emergency language will be repealed by operation of law on the following day.

3. Amendment refiled 7-8-96 as an emergency; operative 7-12-96 (Register 96, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-12-96 or emergency language will be repealed by operation of law on the following day.

4. Amendment refiled 10-23-96 as an emergency; operative 10-29-96 (Register 96, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-26-97 or emergency language will be repealed by operation of law on the following day.

5. Amendment refiled 2-11-97 as an emergency; operative 2-24-97 (Register 97, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-24-97 or emergency language will be repealed by operation of law on the following day.

6. Certificate of Compliance as to 2-11-97 order transmitted to OAL 3-4-97; disapproved by OAL and order of repeal as to 2-11-97 order filed 4-15-97 (Register 97, No. 16).

7. Amendment filed 4-15-97 as an emergency; operative 4-15-97 (Register 97, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-13-97 or emergency language will be repealed by operation of law on the following day.

8. Certificate of Compliance as to 4-15-97 order transmitted to OAL 6-2-97 and filed 6-13-97 (Register 97, No. 24).

9. Amendment of section heading, repealer and new section, and amendment of Note filed 6-23-97 as an emergency; operative 7-1-97 (Register 97, No. 26). Pursuant to Health and Safety Code section 11758.42, a Certificate of Compliance must be transmitted to OAL by 12-28-97 or emergency language will be repealed by operation of law on the following day.

10. Editorial correction of History 9 (Register 98, No. 1).

11. Reinstatement of section as it existed prior to 6-23-97 emergency amendment by operation of Government Code section 11346.1(f) (Register 98, No. 1).

12. Amendment of section heading, repealer and new section, and amendment of Note filed 12-31-97 as an emergency; operative 12-31-97 (Register 98, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-30-98 or emergency language will be repealed by operation of law on the following day.

13. Amendment of section heading, repealer and new section, and amendment of Note refiled 4-27-98 as an emergency, including further amendment of subsection (d)(3); operative 4-30-98 (Register 98, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-28-98 or emergency language will be repealed by operation of law on the following day.

14. Certificate of Compliance as to 4-27-98 order, including amendment of subsections (a) and (e), transmitted to OAL 6-1-98 and filed 6-29-98 (Register 98, No. 27).

15. Change without regulatory effect amending subsection (c)(2) and Note filed 4-19-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 16).

16. Amendment of section and Note filed 5-7-2020; operative 7-1-2020 (Register 2020, No. 19).