Mississippi Administrative Code
Title 24 - Mental Health
Part 3 - Mississippi Department of Mental Health (DMH) Division of Professional Licensure and Certification (PLACE) Professional Credentialing Rules and Requirements
Chapter 19 - Complaints and Disciplinary Action
Rule 24-3-19.1 - Grounds for Disciplinary Action
Universal Citation: MS Code of Rules 24-3-19.1
Current through September 24, 2024
A. Individuals holding a DMH professional credential must conduct their activities and services in accordance with applicable federal and state laws, these Rules and Requirements, the DMH Principles of Ethical and Professional Conduct, the DMH Operational Standards for Mental Health, Intellectual/Developmental Disabilities, and Substance Use Disorders Community Service Providers, as applicable, and any other applicable rules/regulations.
B. DMH-credentialed individuals do not harass or seek retaliation against a colleague or employee who has acted in a responsible and ethical manner to expose inappropriate, unethical or discriminatory practices.
C. An individual holding a DMH professional credential may be subject to disciplinary action if the PLACE Review Board finds that he/she is guilty of violation of the DMH Principles of Ethical and Professional Conduct and/or any of the following corresponding "Grounds for Disciplinary Action" OR has knowledge of violation of the DMH Principles of Ethical and Professional Conduct and/or the following "Grounds for Disciplinary Action" and has not reported such to the Division of PLACE.
D. Grounds for disciplinary action include, but are not limited to:
1. Negligence or incompetence in the practice
or performance of professional services or activities;
2. Engaging in dishonorable, unethical,
unprofessional conduct of a character likely to deceive, defraud, or cause harm
in the course of professional services or activities;
3. Engaging in lewd conduct in connection
with professional services or activities;
4. Borrowing or accepting money or accepting
gifts of monetary value from individuals receiving services, their family
members, or other vulnerable persons; sexual (or other inappropriate contact)
with individuals receiving services, their immediate family members or other
vulnerable persons;
5. Physical,
mental or emotional abuse of individuals receiving services, their family
members or other vulnerable persons;
6. Obtaining a Department of Mental Health
certificate/license or renewal certificate/license by fraud, deceit, material
deception or other misrepresentation;
7. Assisting another individual in falsely
obtaining a DMH professional credential;
8. Perpetrating or cooperating in fraud or
material deception in obtaining or renewing professional credentialing or
attempting the same;
9. Being
convicted of any crime which has a substantial relationship to the
professionally credentialed individual's activities and services or an
essential element of which is misstatement, fraud, moral turpitude or
dishonesty;
10. Commission of
theft, embezzlement, fraud or other actions involving deception or deceit, or
the commission of acts constituting a violation of laws regarding vulnerable
persons, violent crimes or moral turpitude, whether or not the DMH-credentialed
individual is criminally prosecuted and whether or not directed at individuals
receiving services or the individuals' family members;
11. Exploiting individuals receiving
services, their family members, or other vulnerable persons;
12. Failing to maintain proper professional
and emotional boundaries with individuals receiving services or their family
members;
13. Aiding, encouraging
or inciting the performance of illegal acts;
14. Failure to report knowledge of unethical
conduct or giving false statements during inquiries into such conduct;
15. Retaliation towards an
individual who reports, in good faith, a perceived ethical violation,
grievance, serious incident, and/or a concern with professional or policy
noncompliance;
16. Action or
inaction which indicates a clear failure to act in an ethical, moral, legal and
professional manner;
17. Failure
to report suspected or confirmed abuse or neglect of an individual receiving
services in accordance with state reporting laws to include, but not limited
to, the Vulnerable Persons Act and Child Abuse or Neglect Reporting
requirements;
18. Being convicted
of any crime which is a felony under federal or state law;
19. Engaging in or permitting the performance
of unacceptable services personally or by assistants working under the
credentialed individual's supervision due to the credentialed individual's
deliberate or grossly negligent act or failure to act, regardless of whether
actual damage is established;
20.
Treating any person differently or detrimentally because of race, color, creed,
age, gender, religion, national origin, disability or political affiliation;
21. Engaging in false or
misleading advertising;
22.
Revealing confidential information except as may be required by law;
23. Breach of and/or misuse of confidential
information;
24. Failing to
maintain case records in a secure and confidential manner, as required by
applicable federal and state laws, institutional and programmatic requirements
and in accordance with these Rules and Requirements and the DMH Operational
Standards for Mental Health, Intellectual/Developmental Disabilities, and
Substance Use Disorders Community Service Providers, as applicable;
25. Failing to inform an individual receiving
services of the fact that the individual no longer needs the services of the
credentialed individual;
26.
Failing to comply with the DMH Principles of Ethical and Professional Conduct
with regards to dual or multiple relationships in a manner which could increase
the risk of exploitation, impair professional judgement, and/or bring harm to
an individual receiving services;
27. Exploiting professional relationships for
personal gain;
28. Performing
services for compensation or representing oneself as a DMH-credentialed
professional while holding a certificate/license in Defaulted, Lapsed,
Relinquished, Suspended, Surrendered, or Revoked Status;
29. Attempting to utilize the
certificate/license issued by the Department of Mental Health for private
practice or for services outside the scope of practice;
30. Purposeful misrepresentation of an
individual's professional credentials and/or purposeful misrepresentation of
credentials held by others;
31.
Continuing to engage in service provision while suffering a professional
impairment which renders the individual unable to provide services in a
competent manner;
32. Engaging in
conduct considered by the Review Board to be detrimental to the profession;
and/or,
33. Engaging in any
conduct considered by the Review Board to be in violation of the DMH Principles
of Ethical and Professional Conduct.
34. Revocation by any professional
credentialing body may result in disciplinary action and/or revocation of a DMH
professional credential. It is the DMH-credentialed individual's responsibility
to inform DMH of any previous or pending disciplinary action against him/her by
any professional credentialing body or association. DMH-credentialed
individuals who have had any past or currently held professional credential
suspended, placed on probation, revoked, or otherwise be the subject of any
disciplinary action, must promptly notify the DMH Division of PLACE.
Section 41-4-7 of the Mississippi Code of 1972, Annotated
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