Current through September 24, 2024
A. All
applicants, Provisionally Certified Mental Health Therapists, Certified Mental
Health Therapists, and Licensed Clinical Mental Health Therapists shall comply
with ethical standards/principles as established by the Review Board and the
Department of Mental Health.
B.
Introduction
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 in1997, 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,
mental health therapists, mental retardation therapists, mental health/mental
retardation administrators, addiction counselors and others as deemed
appropriate by the State Board of Mental Health.
The Mississippi Department of Mental Health Division of
Professional Licensure and Certification Review Board is designed to serve as
the governing body to the everyday professional conduct of Mississippi
Department of Mental Health credentialed individuals. The individuals
credentialed through the Mississippi Department of Mental Health may identify
with different professional associations and are often certified by other
groups that promulgate codes of ethics. The Mississippi Department of Mental
Health Principles of Ethical and Professional Conduct (Chapter 7, Section 2,
pp. 39-42), herein referred to as "the principles," provides a minimal ethical
standard for the professional behavior of all individuals credentialed through
the Mississippi Department of Mental Health. The principles provide a level of
expectation for ethical practice from all who hold a Mississippi Department of
Mental Health credential. In addition, the principles serve the purpose of
having an enforceable standard for all Mississippi Department of Mental Health
credentialed individuals and facilitates an avenue for recourse in case of a
perceived ethical violation.
Applicable federal and state laws, the principles, program
policies and any other pertinent rules must be observed when conducting
business as a Mississippi Department of Mental Health 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. For more information on disciplinary action see
the Rules, Regulations and Application Guidelines for each individual
discipline.
While the principles cannot guarantee ethical practice by all
Mississippi Department of Mental Health 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. For more specific
information on professional responsibility see the Rules, Regulations and
Application Guidelines document for each individual discipline.
C. Principle I: Competence
(1) Individuals holding a current credential
from the Mississippi Department of Mental Health must be employed by a program
that receives funding from or is certified /licensed or administered by the
Mississippi Department of Mental Health.
(2) Individuals who hold a credential through
the Mississippi Department of Mental Health must notify the Division of
Professional Licensure and Certification upon any change affecting credential
status, especially a change in employment.
(3) Individuals holding a credential from the
Mississippi Department of Mental Health must provide services and represent
themselves as competent 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 the services of the Mississippi
Department of Mental Health.
(4)
Individuals who hold another professional credential shall abide by all
principles contained herein.
(5)
The principles do not alleviate the individual responsibility to ethical,
programmatic, or professional guidelines.
(6) The principles must be adhered to in
addition to applicable ethical, programmatic and professional
criteria.
D. Principle
II: Confidentiality
(1) Individuals holding a
credential from the Mississippi Department of Mental Health have an obligation
to respect the confidentiality rights of the clients 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 a client shall maintain confidentiality within the
parameters of the treatment setting.
(3) Confidential information may only be
disclosed with appropriate valid consent from a client or a person legally
authorized to consent on behalf of the client.
(4) All information collected for the purpose
of service delivery must be kept confidential and released only when authorized
by a re-disclosure consent or state law.
(5) Clients involved in family, couples,
marital or group counseling must be informed of their individual right to
confidentiality.
(6) 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 these to the client.
(7) When consulting with colleagues,
credentialed individuals do not share confidential information that could lead
to the identification of a client 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 client or a person legally authorized to consent on behalf
of the client.
(9) Confidentiality
may be waived if disclosure is necessary to prevent serious, foreseeable, and
imminent harm to one's self or other identifiable person or when laws or
regulations require disclosure without a client's consent.
(10) The client's confidentiality privilege
is waived if the client brings charges against a credentialed
individual.
(11) Confidentiality
may be waived in compliance with appropriate state statutes.
(12) In all instances, individuals who hold a
credential from the Mississippi Department of Mental Health should disclose the
least amount of confidential information necessary to achieve the desired
purpose.
E. Principle
III: Respect for People's Rights and Dignity
(1) Individuals who hold a credential from
the Mississippi Department of Mental Health have a primary responsibility to
the client. The respect of the fundamental rights, dignity and worth of all
people is of the utmost importance.
(2) Credentialed individuals must be aware of
and accept the cultural, individual and role differences that occur in the
service delivery environment.
(3)
Individuals holding a credential from the Mississippi Department of Mental
Health do not discriminate against any client because of race, color, creed,
sex, religion, national origin, age, disability or political
affiliation.
(4) Mississippi
Department of Mental Health credentialed individuals actively work to eliminate
the effect of bias on the provision of services, and they do not knowingly
participate in or condone discriminatory practices.
(5) Individuals holding a credential from the
Mississippi Department of Mental Health who witness or have knowledge of
unethical or discriminatory practices of other individuals holding a
Mississippi Department of Mental Health credential are obligated to report such
practices to the Division of Professional Licensure and Certification. For more
information on the complaints process, see the Rules, Regulations and
Application Guidelines document for each individual discipline.
F. Principle IV: Vulnerable Adults
Act
A "Vulnerable Adult" is defined by Section
43-47-5(m)
of the Mississippi Code of 1972, Annotated as, "a person eighteen (18) years of
age or older or any minor not covered by the Youth Court Act who is present in
the state and who, regardless of residence, is unable to protect his or her own
rights, interests, and/or vital concerns and who cannot seek help without
assistance because of physical, mental or emotional impairment. The term
"vulnerable adult" shall also include all residents or patients, regardless of
age, in a care facility for the purposes of prohibition against abuse, neglect,
or exploitation."
(1) Individuals who
hold a credential from the Mississippi Department of Mental Health must
acknowledge Section
43-47-5(m)
of the Mississippi Code of 1972, Annotated definition of "Vulnerable
Adult."
(2) Individuals
credentialed by the Mississippi Department of Mental Health are responsible for
knowing the responsibilities of their role within the purview of Section
43-47-5(m)
of the Mississippi Code of 1972, Annotated (the Vulnerable Adults
Act).
(3) Mississippi Department of
Mental Health credentialed individuals will be accountable under Section
43-47-5(m)
of the Mississippi Code of 1972, Annotated (the Vulnerable Adults Act) to
protect the rights, interests and/or vital concerns of their clients.
G. Principle V: Sexual
Harassment/Misconduct Sexual harassment/ misconduct is considered to be any
unwelcome solicitation, physical advance, or verbal or nonverbal conduct that
is sexual in nature. Sexual harassment/ misconduct can consist of a single
onerous act or of multiple persistent or pervasive acts.
(1) Individuals who hold a credential from
the Mississippi Department of Mental Health will not knowingly engage in
behavior that is sexually harassing or demeaning to persons with whom they
interact within the service delivery environment.
(2) 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 Department of Mental Health, shall be subject to disciplinary
action.
H. Principle VI:
Drug Free Workplace
The Department of Mental Health adopted written policy in
Sections
71-7-1
through
71-7-31
of the Mississippi Code of 1972, Annotated which outlines State policy on Drug
Free Workplace. 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.
