24 Miss. Code R. § 8-7-2

Current through December 10, 2024

Section 24-8-7-2 - Principles of Ethical and Professional Conduct

A. All program Participants and Licensed Mental Health/Mental Retardation Administrators 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 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, mental health therapists, mental retardation therapists, mental health/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, 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 facilitate 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 individual.

(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 individual brings charges against a credentialed individual.

(11) Confidentiality may be waived in compliance with appropriate 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, physical handicap, 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 complaint 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 his/her 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 his/her 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 Mississippi Department of Mental Health 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.

24 Miss. Code. R. § 8-7-2