Current through Register Vol. 46, No. 12, March 20, 2024
(a)
Canon of Ethics and Codes of Conduct. Credentialed
professionals must abide by the Canon of Ethical Principles or Professional
Code and Ethical Standards applicable to their professions and any applicable
credential designation and the Justice Center's Code of Conduct for
Custodians.
(b)
Violations. Any person applying for a credential, renewal or
reinstatement or who holds a valid credential or designation issued by the
Office and who engages in misconduct as described in this section or otherwise
violates the applicable Canon of Ethical Principles and Misconduct and/or the
Code of Conduct for Custodians of People with Special Needs may be subject to
the penalties or other remedial actions prescribed in this Part.
(c)
Misconduct. The
following constitutes misconduct:
(1)
obtaining the credential or designation fraudulently;
(2) practicing or providing services
fraudulently, with gross incompetence, with gross negligence on a particular
occasion or negligence or incompetence on more than one occasion, or otherwise
acting contrary to the interests of a service recipient;
(3) practicing or providing services while
under the influence of alcohol and/or other substances;
(4) violating any term or condition or
limitation imposed by the Office on the credentialed professional;
(5) refusing to provide services to a person,
individual, organization or community because of race, creed, color, gender,
age, disability, national origin, sexual orientation, or socioeconomic
status;
(6) being convicted of or
committing an act constituting a crime under New York state law, federal law,
or the law of another jurisdiction which, if committed within New York, would
constitute a crime in this state;
(7) promoting the inappropriate sale of
services, goods, property or drugs in such manner as to exploit a service
recipient for the financial gain of the certified/credentialed professional or
of a third party;
(8) directly or
indirectly offering, giving, soliciting or receiving, or agreeing to receive,
any fee, or other consideration to or from a third party for the referral of a
service recipient in connection with the performance of addiction
services;
(9) entering into a dual
relationship with a service recipient or former service recipient that is
outside the boundaries of professional conduct;
(10) initiating or pursuing a romantic,
sexual or otherwise sexually exploitive relationship or committing sexual
misconduct with a service recipient using romantic/sexual comments or touch,
romantic/sexual contact in written, telephonic, or electronic format including
but not limited to social media, text messaging, email, photos, videos or
recordings of a romantic or sexual nature;
(11) engaging in any conduct which would
constitute a "reportable incident" as such terms are defined in Part 836 of
this Title;
(12) failure by the
applicant or credentialed professional to notify the Office of any disciplinary
action taken against him or her as the holder of any other license or
certification issued by New York state or any other federal or state
authority;
(13) professional
misconduct as the holder of another license or credential;
(14) unlawful use of the title Credentialed
Alcoholism and Substance Abuse Counselor, Credentialed Alcoholism and Substance
Abuse Counselor Trainee, Credentialed Alcoholism and Substance Abuse Counselor
Provisional, Credentialed Prevention Professional, Credentialed Prevention
Specialist or Credentialed Problem Gambling Counselor, including use of such
title if a credential is inactive, deactivated, suspended, expired or revoked,
or is pending approval of reciprocity;
(15) no person shall use any of the following
titles to engage in private practice unless otherwise authorized by law:
Credentialed Alcoholism and Substance Abuse Counselor (CASAC), Credentialed
Alcoholism and Substance Abuse Counselor Trainee (CASAC trainee), Credentialed
Alcoholism and Substance Abuse Counselor Provisional, Credentialed Prevention
Professional (CPP), Credentialed Prevention Specialist (CPS), or Credentialed
Problem Gambling Counselor (CPGC);
(16) knowingly working outside of the scope
of practice of the credential as applicable in the work setting.