PROHIBITS THE PAYMENT OR ACCEPTANCE OF PAYMENT, IN THE FORM OF MONEY, PROPERTY OR THING OF VALUE, IN RETURN FOR REFERRALS OF STUDENTS TO A FACILITY. INFORMATION I HAVE GATHERED FOR THE PURPOSE OF THIS OPINION, AS TO THE NATURE OF THE SEMINAR, INDICATES THAT TEACHERS MAY RECEIVE CONTINUING EDUCATION CREDITS FROM THE SEMINARS. THEREFORE, I HAVE PRESUMED THAT THE SEMINARS WOULD BE THINGS OF VALUE. A SPECIFIC DETERMINATION OF THIS WOULD INVOLVE A QUESTION OF FACT, WHICH THIS OFFICE CANNOT ANSWER.
IT IS NOT STRICTLY PROHIBITED FOR A MENTAL HEALTH FACILITY, WHERE THERE IS NO EXPECTATION OF REFERRALS IN RETURN, TO OFFER OR PROVIDE SEMINARS FOR TEACHERS AND SCHOOL PERSONNEL. SHOULD ANY QUID PRO QUO ARRANGEMENT BE MADE, IT WOULD VIOLATE THE PROVISIONS OF HOUSE BILL NO. 2234. HOWEVER, A SPECIFIC DETERMINATION OF THIS AS TO A PARTICULAR CASE WOULD INVOLVE A QUESTION OF FACT, WHICH, AGAIN, THIS OFFICE CANNOT ANSWER.
IT IS, THEREFORE, THE OPINION OF THE UNDERSIGNED ATTORNEY THAT HOUSE BILL NO. 2234 DOES NOT PROHIBIT A GRATUITOUS OFFER OR PROVISION OF A SEMINAR TO TEACHERS OR OTHER SCHOOL PERSONNEL SO LONG AS THERE IS NO EXPECTATION OF REFERRALS IN RETURN THEREFOR.
(JAMES ROBERT JOHNSON)