Rule 30-1901-3.1 - STANDARDS OF CONDUCTA. General Licensees subject to this Act shall conduct their activities, services and practice in accordance with the Act and any rules promulgated by the Board thereto. Licensees may be subject to disciplinary sanction enumerated in VIII below if the Board finds that a licensee is in violation of any of the standards of conduct delineated in this section.
B. Violations 1. Negligence in the practice or performance of professional services or activities.2. Engaging in dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public in the course of professional services or activities.3. Perpetrating or cooperating in fraud or material deception in obtaining or renewing a license or attempting the same.4. Being convicted of any crime which has a substantial relationship to the licensee's activities and services or an essential element of which is misstatement, fraud or dishonesty.5. Being convicted of any crime which is a felony under the laws of this state or of the United States.6. Engaging in or permitting the performance of unacceptable services personally or by assistants working under the licensee's supervision due to the licensee's deliberate or grossly negligent act or acts or failure to act, regardless of whether actual damage or damages to the public is established.7. Continued practice although the licensee has become unfit to practice social work or marriage and family therapy due to: (i) failure to keep abreast of current professional theory or practice; or(ii) physical or mental disability; the entry of an order or judgment by a court of competent jurisdiction that a licensee is in need of mental treatment or is incompetent shall constitute mental disability; or(iii) addiction or severe dependency upon alcohol, drugs, or other substance which may endanger the public by impairing the licensees ability to practice and which affects professional competence.8. Disciplinary action taken against the licensee's license in another state.9. Engaging in differential, detrimental treatment against any person because of race, color, creed, sex, sexual orientation, religion or national origin.10. Engaging in lewd conduct in connection with professional services or activities.11. Engaging in false or misleading advertising.12. Contracting with, assisting or permitting unlicensed persons to perform services for which a license is required under this chapter.13. Violation of any probationary requirements placed on a licensee by the Board.14. Failing to inform clients of the fact that the client no longer needs the services or professional assistance of the licensee.15. Charging excessive or unreasonable fees or engaging in unreasonable collection practices.16. Any just and sufficient cause which renders a person unfit to practice social work or marriage and family therapy as determined by the Board but not limited to: a. An adjudication of mental incompetence by a court of competent jurisdiction.b. Practicing in a manner detrimental to the public health and welfare.c. Revocation of a license by a licensing agency or certification by a certifying professional organization.d. Any other violation of this chapter or the code of ethical standards of the National Association of Social Workers, the American Association for Marriage and Family Therapy or other ethical standards adopted by the Board under the provisions of this chapter.17. Violation of any of the provisions of this Act or any rules or regulations of the Board adopted under the provisions of this Act.18. Failure to notify the Board of the suspension, probation or revocation of any past or currently held license in Social Work, Marriage and Family Therapy or any other health care field, in this or any other state, or any disciplinary action taken against the licensee by any licensing board or professional association.19. Making false representations or impersonations or acting as a proxy for another person or allowing or aiding any person to impersonate him/her in connection with any application, examination or renewal of a license, or in any procedure relating to the Board, or in the practice of their profession.20. Failure to maintain client records securely or to inform all employees of the confidentiality requirements. Client records or other confidential information may not be revealed except with expressed written consent or as mandated by law, except as specifically stated below. Client records must be maintained after the date of termination of the clinical relationship. The Confidentiality requirement may be waived under the following conditions:
a. When the client's communications reveal the contemplation of a crime or a harmful act to oneself or another person, or the licensee has ample reason to believe that such a behavior is highly probable;b. When the licensee acquires information involving a minor or elderly person who was the victim or subject of a crime or abuse or neglect and the licensee includes the confidential information in a report filed with the appropriate person or agency as required by law;c. When the licensee is required by law to testify in a court or administrative hearing concerning matters of adoption, adult abuse or neglect, child abuse or neglect, or other matters.d. When a person waives the confidentiality privilege by bringing charges against or sues the licensee.21. Payment of commission rebates or other forms of remuneration for referral of clients for professional services.22. Failure to report to clients all experimental forms of treatment or treatment modalities in which the licensee may not be proficient, before they are used with the client, explaining their potential benefits and risks of such treatment, to obtain the clients prior consent to the treatment, and failure to ensure that the welfare of the client is not compromised by any experiment, research procedure, or treatment modality.23. Failure to comply with the ethical codes of the applicable profession (NASW or AAMFT) regarding dual relationships with clients, former clients, supervisors, or supervisees that could compromise the well-being or increase the risk of exploitation of clients or supervisees, or impair the objectivity and judgment of the client, supervisees, supervisor or licensee. This includes but is not limited to such activities as providing therapy to close friends, former sexual partners, employees or relatives, and engaging in business relationships with clients. Licensees must set clear, appropriate, and culturally sensitive boundaries when dual and multiple relationships are unavoidable.24. Failure to report to the appropriate board known or suspected violations of the laws and regulations governing the practices of mental health professionals.26. Using a degree as a title to indicate a level of competency unless that degree was earned in their field of professional practice from an accredited college or university as defined in these regulations.27. Failure of a therapist to inform a client of any conflict of interest, values, attitudes or biases between them that are sufficient to impair their professional relationship and to terminate the professional relationship when it no longer serves the client's needs or interests.28. Failure of a therapist to prevent an individual or agency paying for their professional services on behalf of a client to exert undue influence over the therapists work performance and clinical judgment as it relates to that client.30 Miss. Code. R. 1901-3.1
Miss. Code Ann. §§ 73-53-11(1)(c), (j) and (k), 73-53-17, 73-54-11(1) and 73-54-29.