A SAP, upon determination of the best recommendation for assistance, will serve as a referral source to assist the employee's entry into an education and/or treatment program.
To prevent the appearance of a conflict of interest, a SAP must not refer an employee requiring assistance to their private practice or to a person or organization from. SAPs are precluded from making referrals to entities with which they are financially associated.
There are four exceptions to the prohibitions contained in paragraph (b) of this section. A SAP may refer an employee to any of the following providers of assistance, regardless of the relationship with them:
A public agency (e.g., treatment facility) operated by a state, county, or municipality;
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);
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
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)
