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 9 - Application Procedures - DMH Intellectual and Developmental Disabilities Therapist
Rule 24-3-9.9 - DMH Principles of Ethical and Professional Conduct
Universal Citation: MS Code of Rules 24-3-9.9
Current through September 24, 2024
All applicants and individuals holding a DMH professional credential shall comply with ethical standards/principles as established by the PLACE Review Board and the Department of Mental Health.
A. Introduction
1. The State Legislature granted Statutory
Authority for Mississippi Department of Mental Health certification/licensure
programs in 1996. As a result, the Division of Professional Licensure and
Certification was created to develop and implement the programs. Having been
amended by the State Legislature in 1997, Section
41-4-7
of the Mississippi Code of 1972, Annotated currently includes
a provision authorizing the State Board of Mental Health to certify/license
case managers (i.e., community support specialists), mental health therapists,
mental retardation [IDD] therapists, mental health/retardation [IDD]
administrators, addiction counselors and others as deemed appropriate by the
State Board of Mental Health. The Mississippi Department of Mental Health (DMH)
Division of Professional Licensure and Certification (PLACE) Review Board
serves as the governing body for the everyday professional conduct of
DMH-credentialed individuals. Individuals credentialed through the DMH may
identify with different professional associations and are often certified by
other groups with promulgated codes of ethics.
2. The safety, health, welfare and best
interest of the individuals and families receiving services, and the public at
large, are the primary guiding principles for appropriate professional conduct
of all individuals holding a DMH professional credential. Individuals holding a
DMH professional credential should adhere to all parts of the DMH
Principles of Ethical and Professional Conduct listed below.
3. Applicable federal and state laws, the
principles, program policies and any other pertinent rules must be observed
when conducting business as a DMH-credentialed professional. Alleged violations
of the principles may be subject to disciplinary action if the Review Board
finds that a person is guilty of any violation of the principles. Information
on disciplinary action is covered in Chapter 10.
4. The DMH Principles of Ethical and
Professional Conduct herein referred to as "the principles," provide a
minimal ethical standard for the professional behavior of all individuals
credentialed through DMH. The principles provide a level of expectation for
ethical practice from all who hold a DMH credential. In addition, the
principles provide an enforceable standard for all DMH-credentialed individuals
and facilitate an avenue for recourse in case of a perceived ethical violation.
While the principles cannot guarantee ethical practice by all DMH-credentialed
individuals or resolve all issues, the intent of the principles is to provide
guidelines for individuals who, in good faith, seek to make reliable ethical
judgments. Six general principles of ethical and professional conduct
follow.
B. Principle I: Competence
1) Individuals holding a current
credential from the Mississippi Department of Mental Health (DMH) must be
employed by a program that receives funding from or is certified or
operated/administered by the DMH.
2) Individuals who hold a DMH professional
credential must notify the Division of Professional Licensure and Certification
upon any change affecting credential status, especially a change in
employment.
3) Individuals holding
a DMH professional credential must represent themselves as competent only
within the boundaries of their education, training, license, certification,
supervised experience or other relevant professional experience.
4) Individuals holding a DMH professional
credential must provide services only within the boundaries of their education,
training, license, certification, supervised experience or other relevant
professional experience. Services provided must be based on the most current
information and knowledge available within the scope of services of the
DMH.
5) Individuals who hold
another professional credential shall abide by all principles contained
herein.
6) The principles do not
alleviate the individual's responsibility to other ethical, programmatic or
professional guidelines. Rather, the principles must be adhered to in addition
to other applicable ethical, programmatic and professional criteria.
7) Individuals holding a DMH professional
credential must comply with all applicable sections of the DMH
Operational Standards for Mental Health, Intellectual/Developmental
Disabilities, and Substance Abuse Community Service Providers, as
appropriate (including, but not limited to, the Operational
Standards' sections pertaining to confidentiality, ethical conduct and
the rights of individuals receiving services).
a. Principle II: Confidentiality
1) Individuals holding a credential from DMH
have an obligation to respect the confidentiality rights of the individuals
with whom they work and must take reasonable precautions to preserve
confidentiality.
2) Members of a
treatment team or those collaborating on the care of an individual shall
maintain confidentiality within the parameters of the treatment
setting.
3) Confidential
information may only be disclosed with appropriate valid consent from the
individual receiving services or a person legally authorized to consent on
behalf of the individual.
4) All
information collected for the purpose of service delivery must be kept
confidential and released only when authorized by redisclosure consent or state
(or federal) law.
5) Individuals
involved in family, couples, marital or group counseling must be informed of
their individual right to confidentiality.
6) DMH-credentialed individuals must preserve
the confidentiality of information shared by others, as well as agency policy
concerning the disclosure of confidential information and must explain such
policy to the individual receiving services.
7) When consulting with colleagues,
DMH-credentialed individuals do not share confidential information that could
lead to the identification of an individual who is receiving services with whom
they have a confidential relationship unless they have obtained the prior
consent of the person. Information may only be shared to the extent necessary
to achieve the purposes of consultation.
8) Permission for the use of electronic
recording of interviews must be secured, prior to the interview, from the
individual receiving services or a person legally authorized to consent on
behalf of the individual receiving services.
9) Confidentiality may be waived if
disclosure is necessary to prevent serious, foreseeable, and imminent harm to
oneself or other identifiable person or when laws or regulations require
disclosure without an individual's consent.
10) The confidentiality privilege for the
individual receiving services is waived if the individual brings charges
against a DMH-credentialed individual.
11) Confidentiality may be waived in
compliance with appropriate statutes.
12) In all instances, individuals who hold a
credential from the DMH should disclose the least amount of confidential
information necessary to achieve the desired purpose.
a. Principle III: Respect for People's Rights
and Dignity
1) Individuals who hold a
credential from DMH have a primary responsibility to the individual to whom
they provide services. The respect of the fundamental rights, dignity and worth
of all people is of the utmost importance.
2) DMH-credentialed individuals must be aware
of and accept the cultural, individual and role differences that occur in the
service delivery environment.
3)
DMH-credentialed individuals do not discriminate against any individual because
of race, color, creed, gender, religion, national origin, age, disability or
political affiliation.
4)
DMH-credentialed individuals actively work to eliminate the effect of bias on
service provision, and they do not knowingly participate in or condone
discriminatory practices.
5)
Individuals holding a DMH credential who witness or have knowledge of unethical
or discriminatory practices of other individuals who hold a DMH credential are
obligated to report such practices to the Division of Professional Licensure
and Certification.
6)
DMH-credentialed individuals must be respectful of and responsive to
individuals with cultural needs.
7)
DMH-credentialed individuals must practice appropriate, relevant and sensitive
interventions which enable effective work in cross-cultural
situations.
8) DMH-credentialed
individuals must maintain a fundamental respect for the beliefs, customs,
institutions and ethnic heritages of all individuals served.
a. Principle IV: Reporting Abuse
DMH-credentialed individuals must meet reporting requirements as outlined by the Vulnerable Adults Act and the child abuse reporting statutes.
F. Principle V: Sexual Harassment/Misconduct
1. Sexual harassment/misconduct is considered
to be any unwelcome solicitation, physical advance or verbal or nonverbal
conduct that is sexual in nature.
2. Sexual harassment/misconduct can consist
of a single onerous act or multiple persistent or pervasive acts.
3. Individuals who hold a credential from DMH
will not knowingly engage in behavior that is sexually harassing or demeaning
to persons with whom they interact within the service delivery
environment.
4. Any behavior that
could be construed as sexual harassment during the DMH-credentialed
individual's function of providing services for a program that is
funded/certified/administered through the DMH, shall be subject to disciplinary
action.
a. Principle VI: Drug Free Workplace
i. The Department of Mental Health adopted
written policy in Section
71-7-1
through
71-7-31
of the Mississippi Code of 1972, Annotated which outlines
state policy regarding a Drug Free Workplace.
ii. Programs funded/certified/administered
and individuals who hold a credential through the Mississippi Department of
Mental Health will be expected to abide by this provision.
Section 41-4-7 of the Mississippi Code of 1972, Annotated
Disclaimer: These regulations may not be the most recent version. Mississippi may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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