172 Neb. Admin. Code, ch. 15, § 012

Current through September 17, 2024

Section 172-15-012 - UNPROFESSIONAL CONDUCT OR CODE OF ETHICS

Unprofessional conduct is set out in Neb. Rev. Stat. § 38-179 and this chapter.

012.01COMPETENCE. An alcohol and drug counselor must not provide services for which he or she is not trained or experienced. This includes but is not limited to:

(A) Committing any act which endangers client safety or welfare.

(B) Failure to refer or release a client to other professionals or services if that is in the client's best interests.

(C) Failure to consider a client as an individual and imposing on the client any stereotypes of behavior, values or roles related to race, color, religion, sex, disability, marital status national origin, age, familial status, and ancestry.

(D) Failure to respect the rights of the client to make the licensee's own decisions, to participate in any plans made in his or her interest, and to reject services.

(E) Failure to assess personal and professional strengths, limitations, biases, and effectiveness on a continuing basis; to strive for self-improvement; and to assume responsibility for professional growth through further education and training.

(F) Failure to follow procedures and policies of the agency or employer to ensure safety of the client.

012.02CONFIDENTIALITY. A licensee must hold in confidence information received from a a client or potential client with respect to the service requested, except in those unusual circumstances in which to do so would result in clear danger to the person or to others, or where otherwise required or permitted by law. A person who communicates information unilaterally to a credential holder without a reasonable expectation that the credential holder is willing to form a client-therapist relationship, is not a potential client. Commission of any of the following acts or behavior constitutes unprofessional conduct:

(A) Violating 42 Code of Federal Requirements (CFR) Part 2 or other federal or state law relating to confidentiality.

(B) Releasing client information without a signed release except where otherwise allowed by law.

(C) Releasing client identifying data without a signed release and where another party would be able to recognize the identity of the client except where otherwise allowed by law.

012.03PROFESSIONAL RELATIONSHIPS. A licensee must safeguard the welfare of clients and maintain professional relationships with clients. Commission of any of the following acts or behaviors constitutes unprofessional conduct:

(A) Exploiting a client for one's own advantage.

(B) Performing or agreeing to perform alcohol and drug counseling services when the services are known to be contraindicated or unjustified.

(C) Verbally or physically abusing clients.

(D) Attempting to provide diagnostic or treatment information to a client that is beyond the licensee's level of education, training, and expertise.

(E) Assigning to other personnel those client-related services for which the clinical skills and expertise of a licensee are required.

(F) Failure to safeguard the client's dignity and right to privacy.

012.04SEXUAL HARASSMENT. A licensee must not under any circumstances engage in sexual harassment of clients. Sexual harassment includes making unwelcome sexual advances, requesting sexual favors, and engaging in other verbal or physical conduct of a sexual nature which may result in but does not have to result in:

(A) Providing or denying care to a client.

(B) Creating an intimidating, hostile, or offensive environment for the client.

(C) Interfering with a client's ability to recover.

012.05DUAL RELATIONSHIP. Licensees must make every effort to avoid dual relationships with clients that could impair professional judgment or increase the risk of exploitation. When a dual relationship cannot be avoided, licensees must take appropriate professional precautions to ensure judgment is not impaired and no exploitation occurs. Examples of dual relationships include, but are not limited to, business or personal relationships with a client. In the therapeutic relationship, licensees are aware of the intimacy and responsibilities inherent in the therapeutic relationship and must avoid actions that seek to meet their personal needs at the expense of the client. Licensees are aware of their influential positions with respect to clients and must avoid exploiting the trust and dependency of such persons. Licensees, therefore, must make every effort to avoid conditions and multiple relationships with clients that could impair professional judgment or increase the risk of exploitation. Commission of any of the following acts or behavior constitutes unprofessional conduct:

(A) Entering into a professional counseling relationship with family members, with friends or with other persons closely connected to the licensee, or with an individual the licensee currently has or previously had a personal, sexually intimate, dating, or romantic relationship.

(B) Developing a business or personal relationship with a client during the provision of professional services or within 2 years following the termination of professional services. This includes hiring ex-clients or serving as a practical training supervisor or clinical supervisor of ex-clients pursuant to this chapter within the 2-year time period.

(C) Developing a sexually intimate, dating, or romantic relationship with a client during the provision of professional services or within 5 years following the termination of professional services.

(i) Sexually intimate means any written, verbal, or physical behavior which a reasonable person would find to be sexually seductive or sexually demeaning. Sexually intimate may or may not mean sexual contact.

(ii) Sexual contact is defined as sexual intercourse, either genital or anal, cunnilingus, fellatio, sodomy, or the handling of breasts, genital areas, buttocks or thighs, whether clothed or unclothed, regardless of whether such contact was initiated or consented to by licensee.

012.06OTHER ACTS. The following acts are considered unprofessional conduct:

(A) Refusal of an applicant for licensure or a licensee to submit to a physical, mental, or alcohol and drug assessment or evaluation requested by the Department to determine qualifications to practice or to continue to practice alcohol and drug counseling and to provide the results to the Department.

(B) Rendering services as a provisional alcohol and drug counselor without clinical supervision as set out in this chapter.

(C) Failure of a provisional alcohol and drug counselor to inform all clients that he or she holds a provisional license and is practicing under supervision and to inform the clients of the name of the clinical supervisor.

172 Neb. Admin. Code, ch. 15, § 012

Amended effective 6/15/2021