Rule 24-2-14.5 - Ethical ConductA. Ethical and professional conduct refers to a framework for the ethical and professional behavior of agencies certified by DMH and their agency representatives. Ethical and professional conduct in the context of the service delivery environment requires that DMH-certified providers strive to prevent harm and to follow a set of principles such as professional responsibilities, professional conduct, competency, fairness, respect, honesty, integrity, and accountability. Ethical and professional conduct also refers to professional standards and professional codes of conduct specific to fields, credentials, and/or occupations. In addition to complying with ethical standards set forth by any relevant licensing/credentialing entity or professional organizations, the governing authority and all employees, interns, and volunteers (regardless of whether they hold a professional credential/license) must adhere to the highest ethical and moral conduct in their interactions with the people and family members they serve, as well as in their use of agency provider funds and grants.
B. Breaches of ethical or moral conduct toward people, their families, or other vulnerable people, include but are not limited to, the following situations from which an agency provider is prohibited from engaging: 1. Borrowing money or property.2. Accepting gifts of monetary value.3. Sexual (or other inappropriate) contact.4. Entering into business transactions or arrangements, (an exception can be made by the Executive Director of the certified agency provider. The Executive Director of the certified agency provider is responsible for ensuring that there are no ethical concerns associated with the hiring and supervision practices).5. Physical, mental, or emotional abuse.6. Theft, embezzlement, fraud, or other actions involving deception or deceit, or the commission of acts constituting a violation of laws regarding vulnerable adults, violent crimes, or moral turpitude, whether or not the agency, employee, intern, or volunteer is criminally prosecuted and whether or not directed at people or the people's families.8. Failure to maintain proper professional and emotional boundaries.9. Aiding, encouraging, or inciting the performance of illegal or immoral acts.10. Making reasonable treatment-related needs of the people secondary or subservient to the needs of the agency, employee, intern, or volunteer.11. Failure to report knowledge of unethical or immoral conduct or giving false statements during inquiries to such conduct.12. Action or inaction, which indicates a clear failure to act in an ethical, moral, legal, and professional manner.13. Breach of and/or misuse of confidential information.14. Failure to report suspected or confirmed abuse, neglect, or exploitation of a person 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.15. Negligence or incompetence in the practice or performance of services.16. Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or cause harm while rendering services.17. Obtaining DMH provider certification or DMH professional credential by fraud, deceit, material deception, or other misrepresentation.18. Assisting another person or agency in falsely obtaining DMH provider certification or a DMH professional credential.19. Perpetrating or cooperating in fraud or material deception in obtaining DMH certification or a DMH professional credential.20. Engaging in or permitting the performance of unacceptable services via the agency's deliberate or grossly negligent act or failure to act, regardless of whether actual damage is established.21. Treating any person differently or detrimentally through discrimination, based on federal definitions.22. Engaging in false or misleading advertising about service provision.23. Revealing confidential information except as may be required by law.24. Engaging in dual or multiple relationships in a manner which could increase the risk of exploitation, impair professional judgement, and/or bring harm to people receiving services.25. Performing services for compensation or representing the agency as a DMH-certified provider when the provider does not hold a current DMH certification.26. Purposeful misrepresentation of an agency's DMH certification.27. Utilizing social media or other media platforms in a manner which is exploitative of or breaches the confidentiality of people served.28. Engaging in conduct considered by DMH to be detrimental to the people being served, their families, and/or the public at large.C. The agency provider must also adhere to ethical conduct in their use of agency provider funds and grants in their business practices.D. DMH-certified agency providers must conduct their activities and services in accordance with applicable federal and state laws, these rules, as applicable, and any other applicable rules/regulations.E. DMH-certified agencies shall not harass or seek retaliation against a person who has acted in a responsible and ethical manner to expose inappropriate, unethical, or discriminatory practices or who reports, in good faith, a perceived ethical violation, grievance, complaint, serious incident, and/or a concern with professional or policy noncompliance.F. A DMH-certified agency provider determined to have committed a breach of ethical conduct may have administrative action taken on their DMH certification.