Current through Register No. 40, October 3, 2024
(a) Licensees and CRSWs shall practice within
their respective statutory scopes of practice as follows:
(1) For MLADCs, the scope of practice set
forth in
RSA
330-C:10;
(2) For LADCs, the scope of practice set
forth in
RSA
330-C:11;
(3) For licensed clinical supervisors, the
scope of practice set forth in
RSA
330-C:12; and
(4) For CRSWs, the scope of practice set
forth in
RSA
330-C:13.
(b) Licensees and CRSWs shall be bound by the
9 numbered principles of the NAADAC code of ethics, together with the bulleted
sub-principles, as updated December 8, 2016, as referenced in Appendix
B.
(c) In addition to the scope of
practice requirements listed in (a)(4) above, CRSWs shall abide by the
following ethical standards:
(1) With regard
to quality of care, the CRSW shall make a commitment to provide the highest
quality of care for the client;
(2)
With regard to non-discrimination, the CRSW shall not discriminate against any
client of other professional based on race, color, religion, age, sex, marital
status, national origin, ancestry, sexual orientation, or mental or physical
disability;
(3) With regard to
professional responsibility, the CRSW shall:
a. Exercise professional judgment;
b. Maintain the best interest of the client;
and
c. Assist the client to help
him or her toward the primary goal of recovery;
(4) With regard to professional competence,
the CRSW shall:
a. Provide competent
professional service to the client;
b. Participate in ongoing professional
education to maintain state-of-the-art knowledge and skill;
c. Be responsible for his or her conduct in
all areas of professional life;
d.
Recognize and maintain personal and professional boundaries and
limitations;
e. Seek the advice and
counsel of colleagues and supervisors whenever such consultation is in the best
interest of the client; and
f.
Recognize the effect of impairment on professional performance and be willing
to seek appropriate treatment when necessary;
(5) With regard to professional standards,
the CRSW shall:
a. Not claim or imply
professional knowledge, qualifications, certifications, or affiliations that he
or she does not possess; and
b. Not
lend his or her name to, or participate in, any professional and/or business
relationship, which may misrepresent or mislead the public in any
way;
(6) With regard to
professional obligation to the public, the CRSW shall not state or imply a
higher degree of knowledge or insight into co-occurring or substance use
disorders than would be available through similarly situated or trained
professionals;
(7) With regard to
publications, the CRSW shall preserve the integrity of the profession by
acknowledging and documenting any materials or techniques used in creating his
or her opinions or in writing, editing, or publishing papers, pamphlets or
books;
(8) With regard to client
welfare, the CRSW shall:
a. Place the best
interest of the client before conflicting professional commitments or
professional gain;
b. Always
provide an appropriate setting for clinical work; and
c. Provide a supportive environment for any
client having special needs;
(9) With regard to confidentiality, the CRSW
shall:
a. Not reveal information relating to a
client unless the client consents to such release of information in writing and
after consultation with the CRSW; and
b. Preserve client records and information
regardless of the media used to store such information;
(10) With regard to client and public safety,
notwithstanding confidentiality rules, the CRSW may reveal confidential
information to public authorities or other professionals to the extent that he
or she reasonably believes necessary to prevent a client from serious harm
whether self-inflicted or inflicted upon a third person, or where the client is
in imminent danger, or in danger of injuring another person;
(11) With regard to client relationships, the
CRSW shall:
a. Respect and maintain an
objective, non-possessive, non-personal, professional relationship with the
client at all times;
b. Obtain the
client's permission for recording a session, for involving any third party in a
session, or for releasing any information pertaining to the client;
c. Not enter into a business relationship
with the client during the therapeutic relationship;
d. Not enter into a business relationship
with any other person if doing so would adversely affect the client;
e. Not engage in any sexual activity with any
current or former client;
f. When
it is in the best interests of a client, release or refer the client to other
programs or individuals as dictated by professional standards and ethically
responsible practice;
g. Not enter
into a mentoring or coaching relationship with a client if the CRSW's own
responsibilities to or relationship with a third person would adversely affect
the client; and
h. Not enter into a
mentoring or coaching relationship with anyone with whom the CRSW has had a
previous intimate relationship;
(12) With regard to professional integrity,
the CRSW shall:
a. Cooperate with and adhere
to Alc 502;
b. Never knowingly make
a false statement to the board;
c.
Promptly report violations of this professional code of conduct by other CRSWs
to the board;
d. Disclose to the
board any material fact which could adversely affect a CRSW-client
relationship, to include any disciplinary action taken by any other board or
regulatory body;
(13)
With regard to remuneration, the CRSW shall:
a. Establish reasonable financial
arrangements based on fees customarily charged in his or her locality for
similar services; and
b. Not accept
fees or gratuities for professional work from a client whose fees are being
paid through an institution or agency and who is otherwise entitled to such
services; and
(14) With
regard to professional promotion, the CRSW shall maintain and promote the
integrity and advancement of the alcohol and drug CRSW profession.
(d) In addition to the
requirements listed in (a)(1) and (2) above, LADCs and MLADCs shall abide by
the following ethical standards:
(1) With
regard to quality of care, the counselor shall provide the highest quality of
care for the client;
(2) With
regard to non-discrimination, the counselor shall not discriminate against any
client or other professional based on race, color, religion, age, sex, marital
status, national origin, ancestry, sexual orientation, or mental or physical
disability;
(3) With regard to
professional responsibility, the counselor shall:
a. Exercise professional judgment;
b. Maintain the best interest of the client;
and
c. Assist the client to help
him or her toward the primary goal of recovery;
(4) With regard to professional competence,
the counselor shall:
a. Provide competent
professional service to the client;
b. Participate in ongoing professional
education to maintain state-of-the-art knowledge and skill;
c. Be responsible for his or her conduct in
all areas of professional life;
d.
Recognize personal and professional boundaries and limitations;
e. Seek the advice and counsel of colleagues
and supervisors whenever such consultation is in the best interest of the
client; and
f. Recognize the effect
of impairment on professional performance and be willing to seek appropriate
treatment when necessary;
(5) With regard to professional standards,
the counselor shall:
a. Not claim or imply
professional knowledge, qualifications, certifications, or affiliations that he
or she does not possess; and
b. Not
lend his or her name to, or participate in, any professional and/or business
relationship, which may misrepresent or mislead the public in any
way;
(6) With regard to
professional obligation to the public, the counselor shall not state or imply a
higher degree of knowledge or insight into co-occurring or substance use
disorders than would be available through similar situated and/or trained
professionals;
(7) With regard to
publications, the counselor shall preserve the integrity of the profession by
acknowledging and documenting any materials or techniques used in creating his
or her opinions, or in writing, editing, or publishing papers, pamphlets or
books;
(8) With regard to client
welfare, the counselor shall:
a. Place the
best interest of the client before conflicting professional commitments or
professional gain;
b. Always
provide an appropriate setting for clinical work; and
c. Provide a supportive environment for any
client having special needs;
(9) With regard to confidentiality, the
counselor shall:
a. Not reveal information
relating to a client unless the client consents to such release of information
in writing and after consultation with the counselor; and
b. Preserve client records and information
regardless of the media used to store such information;
(10) With regard to client and public safety,
notwithstanding confidentiality regulations, the counselor may reveal
confidential information to public authorities or other professionals to the
extent that he or she reasonably believes necessary to prevent a client from
serious harm whether self-inflicted or inflicted upon a third person, or where
the client is in imminent danger, or in danger of injuring another
person;
(11) With regard to client
relationships, the counselor shall:
a. Respect
and maintain an objective, non-possessive, non-personal, professional
relationship with the client at all times;
b. Obtain the client's permission for
recording a session, for involving any third party in a session, or for
releasing any information pertaining to the client;
c. Not enter into a business relationship
with any other person if doing so would adversely affect the client;
d. Not engage in any sexual activity with any
current or former client;
e. When
it is in the best interests of a client, release or refer the client to other
programs or individuals as dictated by professional standards and good clinical
practice;
f. Not enter into a
counseling relationship with a client if the counselor's own responsibilities
to or relationship with a third person would adversely affect the client;
g. Not enter into a personal or
exploitive relationship with a current or former client following the
termination of the therapeutic relationship; and
h. Not enter into a counseling relationship
with anyone with whom the counselor has had a previous intimate
relationship;
(12) With
regard to professional integrity, the counselor shall:
a. Cooperate with and adhere to Alc
502;
b. Never knowingly make a
false statement to the board;
c.
Promptly report violations of this professional code of conduct by other
counselors to the board; and
d.
Disclose to the board any material fact which could adversely affect a
counselor-client relationship, to include any disciplinary action taken by any
other board or regulatory body;
(13) With regard to remuneration, the
counselor shall:
a. Establish reasonable
financial arrangements based on fees customarily charged in his or her locality
for similar services; and
b. Not
accept fees or gratuities for professional work from a client whose fees are
being paid through an institution and/or agency and who is otherwise entitled
to such services; and
(14) With regard to professional promotion,
the counselor shall strive to maintain and promote the integrity and
advancement of the alcohol and drug counselor profession.
(e) In addition to the scope of practice
requirements described in (a)(3) above, licensed clinical supervisors shall
abide by the "Code of Ethics for Clinical Supervisors," written by the Clinical
Supervision Committee of the ICRC, effective 1998, as referenced in Appendix
B.