(a) The following persons, programs, or entities shall not give or receive remuneration or anything of value for the referral of a person who is seeking alcohol or other drug recovery or treatment services: (1) An alcohol or other drug recovery or treatment facility licensed under this part. (2) An owner, partner, officer, or director, or shareholder who holds an interest of at least 10 percent in an alcohol or other drug recovery or treatment facility licensed under this part. (3) A person employed by, or working for, an alcohol or other drug recovery or treatment facility licensed under this part, including, but not limited to, registered and certified counselors and licensed professionals providing counseling services. (4) An alcohol or other drug program certified by the department in accordance with Chapter 7.1 (commencing with Section 11832). (5) An owner, partner, officer, or director, or shareholder who holds an interest of at least 10 percent in an alcohol or other drug program certified by the department in accordance with Chapter 7.1 (commencing with Section 11832). (6) A person employed by, or working for, an alcohol or other drug program certified by the department in accordance with Chapter 7.1 (commencing with Section 11832), including, but not limited to, registered and certified counselors and licensed professionals providing counseling services. (b) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may, if it deems appropriate, implement, interpret, or make specific this section by means of provider bulletins, written guidelines, or similar instructions from the department, until regulations are adopted.
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