Rule 24-3-9.9 - DMH Principles of Ethical and Professional ConductAll applicants and individuals holding a DMH professional credential shall comply with ethical standards/principles as established by the PLACE Review Board and the Department of Mental Health.
A. Introduction 1. 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 (i.e., community support specialists), mental health therapists, mental retardation [IDD] therapists, mental health/retardation [IDD] administrators, addiction counselors and others as deemed appropriate by the State Board of Mental Health. The Mississippi Department of Mental Health (DMH) Division of Professional Licensure and Certification (PLACE) Review Board serves as the governing body for the everyday professional conduct of DMH-credentialed individuals. Individuals credentialed through the DMH may identify with different professional associations and are often certified by other groups with promulgated codes of ethics.2. The safety, health, welfare and best interest of the individuals and families receiving services, and the public at large, are the primary guiding principles for appropriate professional conduct of all individuals holding a DMH professional credential. Individuals holding a DMH professional credential should adhere to all parts of the DMH Principles of Ethical and Professional Conduct listed below.3. Applicable federal and state laws, the principles, program policies and any other pertinent rules must be observed when conducting business as a DMH-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. Information on disciplinary action is covered in Chapter 10.4. The DMH Principles of Ethical and Professional Conduct herein referred to as "the principles," provide a minimal ethical standard for the professional behavior of all individuals credentialed through DMH. The principles provide a level of expectation for ethical practice from all who hold a DMH credential. In addition, the principles provide an enforceable standard for all DMH-credentialed individuals and facilitate an avenue for recourse in case of a perceived ethical violation. While the principles cannot guarantee ethical practice by all DMH-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.B. Principle I: Competence1) Individuals holding a current credential from the Mississippi Department of Mental Health (DMH) must be employed by a program that receives funding from or is certified or operated/administered by the DMH.2) Individuals who hold a DMH professional credential must notify the Division of Professional Licensure and Certification upon any change affecting credential status, especially a change in employment.3) Individuals holding a DMH professional credential must represent themselves as competent only within the boundaries of their education, training, license, certification, supervised experience or other relevant professional experience.4) Individuals holding a DMH professional credential must provide services only 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 services of the DMH.5) Individuals who hold another professional credential shall abide by all principles contained herein.6) The principles do not alleviate the individual's responsibility to other ethical, programmatic or professional guidelines. Rather, the principles must be adhered to in addition to other applicable ethical, programmatic and professional criteria.7) Individuals holding a DMH professional credential must comply with all applicable sections of the DMH Operational Standards for Mental Health, Intellectual/Developmental Disabilities, and Substance Abuse Community Service Providers, as appropriate (including, but not limited to, the Operational Standards' sections pertaining to confidentiality, ethical conduct and the rights of individuals receiving services). a. Principle II: Confidentiality 1) Individuals holding a credential from DMH have an obligation to respect the confidentiality rights of the individuals 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 an individual shall maintain confidentiality within the parameters of the treatment setting.3) Confidential information may only be disclosed with appropriate valid consent from the individual receiving services 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 redisclosure consent or state (or federal) law.5) Individuals involved in family, couples, marital or group counseling must be informed of their individual right to confidentiality.6) DMH-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 such policy to the individual receiving services.7) When consulting with colleagues, DMH-credentialed individuals do not share confidential information that could lead to the identification of an individual who is receiving services 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 individual receiving services or a person legally authorized to consent on behalf of the individual receiving services.9) Confidentiality may be waived if disclosure is necessary to prevent serious, foreseeable, and imminent harm to oneself or other identifiable person or when laws or regulations require disclosure without an individual's consent.10) The confidentiality privilege for the individual receiving services is waived if the individual brings charges against a DMH-credentialed individual.11) Confidentiality may be waived in compliance with appropriate statutes.12) In all instances, individuals who hold a credential from the DMH should disclose the least amount of confidential information necessary to achieve the desired purpose.a. Principle III: Respect for People's Rights and Dignity1) Individuals who hold a credential from DMH have a primary responsibility to the individual to whom they provide services. The respect of the fundamental rights, dignity and worth of all people is of the utmost importance.2) DMH-credentialed individuals must be aware of and accept the cultural, individual and role differences that occur in the service delivery environment.3) DMH-credentialed individuals do not discriminate against any individual because of race, color, creed, gender, religion, national origin, age, disability or political affiliation.4) DMH-credentialed individuals actively work to eliminate the effect of bias on service provision, and they do not knowingly participate in or condone discriminatory practices.5) Individuals holding a DMH credential who witness or have knowledge of unethical or discriminatory practices of other individuals who hold a DMH credential are obligated to report such practices to the Division of Professional Licensure and Certification.6) DMH-credentialed individuals must be respectful of and responsive to individuals with cultural needs.7) DMH-credentialed individuals must practice appropriate, relevant and sensitive interventions which enable effective work in cross-cultural situations.8) DMH-credentialed individuals must maintain a fundamental respect for the beliefs, customs, institutions and ethnic heritages of all individuals served.a. Principle IV: Reporting Abuse DMH-credentialed individuals must meet reporting requirements as outlined by the Vulnerable Adults Act and the child abuse reporting statutes.
F. Principle V: Sexual Harassment/Misconduct 1. Sexual harassment/misconduct is considered to be any unwelcome solicitation, physical advance or verbal or nonverbal conduct that is sexual in nature.2. Sexual harassment/misconduct can consist of a single onerous act or multiple persistent or pervasive acts.3. Individuals who hold a credential from DMH will not knowingly engage in behavior that is sexually harassing or demeaning to persons with whom they interact within the service delivery environment.4. Any behavior that could be construed as sexual harassment during the DMH-credentialed individual's function of providing services for a program that is funded/certified/administered through the DMH, shall be subject to disciplinary action.a. Principle VI: Drug Free Workplace i. The Department of Mental Health adopted written policy in Section 71-7-1 through 71-7-31 of the Mississippi Code of 1972, Annotated which outlines state policy regarding a Drug Free Workplace.ii. 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. § 3-9.9
Section 41-4-7 of the Mississippi Code of 1972, Annotated