Miss. Code. tit. 24, pt. 4, ch. Ten

Current through October 31, 2024

Chapter Ten - Complaints & Disciplinary Action

GROUNDS FOR DISCIPLINARY ACTION

Individuals holding provisional or full certification must conduct their activities and services in accordance with applicable federal and state laws, these Standards & Requirements, the DMH Principles of Ethical and Professional Conduct, and any other applicable rules/regulations.

An individual holding provisional or full certification may be subject to disciplinary action if the Review Board finds that he/she is guilty of any of the following or has knowledge of the following and has not reported such to the Division of PLACE. Grounds for disciplinary action include, but are not limited to:

1) Negligence in the practice or performance of professional services or activities;

2) Engaging in dishonorable, unethical, unprofessional conduct of a character likely to deceive, defraud, or cause harm in the course of professional services or activities;

3) Engaging in lewd conduct in connection with professional services or activities;

4) Obtaining a Department of Mental Health certificate or renewal certificate by fraud, deceit, material deception or other misrepresentation;

5) Perpetrating or cooperating in fraud or material deception in obtaining or renewing professional credentialing or attempting the same;

6) Being convicted of any crime which has a substantial relationship to the professionally credentialed individual's activities and services or an essential element of which is misstatement, fraud, or dishonesty;

7) Being convicted of any crime which is a felony under federal or state law;

8) Engaging in or permitting the performance of unacceptable services personally or by assistants working under the credentialed individual's supervision due to the credentialed individual's deliberate or grossly negligent act or failure to act, regardless of whether actual damage is established;

9) Treating any person differently or detrimentally because of race, color, creed, age, gender, religion, national origin, disability or political affiliation;

10) Engaging in false or misleading advertising;

11) Revealing confidential information except as may be required by law;

12) Failing to inform a client of the fact that the client no longer needs the services of the credentialed individual;

13) Performing services for compensation or representing oneself as a DMH-credentialed professional while holding a certificate in Defaulted, Lapsed, Relinquished, Suspended, Surrendered, or Revoked Status;

14) Attempting to utilize the certificate issued by the Department of Mental Health for private practice or for services outside the scope of practice;

15) Engaging in any conduct considered by the Review Board to be detrimental to the profession; and/or,

16) Engaging in any conduct considered by the Review Board to be in violation of the DMH Principles of Ethical and Professional Conduct.

COMPLAINTS & INVESTIGATION

All complaints concerning a DMH-credentialed individual's professional service or activities must be received by the Division of PLACE.

All complaints concerning a DMH-credentialed individual must be submitted in writing, signed by the individual making the complaint, and notarized. The individual lodging the complaint should also include his/her contact information. The complaint should include the charges set forth with such clarity as to inform the Division, the PLACE Review Board and the certified individual of the issue involved. Complaints lodged with insufficient information may be unable to be addressed by the Review Board.

The Division of PLACE will log each complaint by recording the following information:

1) The DMH-credentialed individual's name;

2) The name and contact information of the complaining party;

3) The date of the complaint;

4) A brief statement of the complaint; and,

5) Disposition or attempts at settlement.

Substantial, jurisdictionally-appropriate complaints, as determined by the PLACE Review Board, will be investigated and evaluated by the Review Board, with consult, as needed, with the DMH Legal Division. A copy of all communications pertaining to complaints/investigations will be forwarded to the DMH attorney. The Review Board, with DMH Legal Division consult, as needed, will determine the necessity of a disciplinary hearing.

NOTICE OF COMPLAINT & DISCIPLINARY HEARING

Upon determination that a hearing is needed, the Review Board will notify the DMH-credentialed individual that a complaint has been received and that a disciplinary hearing will be held.

The DMH-credentialed individual shall be notified at least 30 calendar days before the date of the disciplinary hearing. Notification will be considered to have been given if the notice was personally received by the DMH-credentialed individual or if the notice was mailed "certified, return receipt requested" to the last known address as listed with the Division of PLACE.

The notice will inform the DMH-credentialed individual of the facts which are the basis of the complaint and which are specific enough to enable the credentialed individual to defend against the complaints. The notice of the complaint and the disciplinary hearing shall also inform the credentialed individual of the following:

1) The date, time and location of the disciplinary hearing;

2) That the DMH-credentialed individual may appear personally at the disciplinary hearing and may be represented by counsel;

3) That the DMH-credentialed individual shall have the right to produce witnesses and evidence on his/her behalf and shall have the right to cross-examine adverse witnesses and evidence;

4) That the Rules of Evidence do not apply;

5) That the disciplinary hearing could result in sanctions being taken against the DMH-credentialed individual;

6) That the Review Board will, in writing, advise the DMH-credentialed individual of any sanction(s) to be imposed and the basis for the Review Board's action; and,

7) That disposition of any formal complaint may be made by consent order or stipulation between the Review Board and the DMH-credentialed individual.

The disciplinary hearing will be an informal hearing and will be presided over by the Review Board Chairperson.

The Review Board will provide written notification to the DMH-credentialed individual as to any sanction(s) being imposed and the basis for the Review Board's action. This notification will be considered to have been given if the notice was personally received by the DMH-credentialed individual or if the notice was mailed "certified, return receipt requested" to the last known address as listed with the Division of PLACE.

If disciplinary action is taken against an individual, his/her employer (along with any applicable third party) will be notified by DMH.

All disciplinary hearing procedures are matters of public record and shall be preserved pursuant to state law. The final disposition of any disciplinary hearing will be recorded in Board minutes,

SANCTIONS

The Review Board may impose any of the following sanctions, singly or in combination, when it finds that a DMH-credentialed individual is guilty of any of the offenses referred to in the "Grounds For Disciplinary Action" section of this chapter:

1) Issuance of a letter of official reprimand to the DMH-credentialed individual;

2) Refusal to renew a certificate;

3) Restriction or limitation of the individual's scope of practice;

4) Suspension of the certificate for any period of time;

5) Revocation of the certificate;

6) Approval of the individual's request for surrender of professional credential; and/or,

7) Assessment of reasonable costs for inquiries, disciplinary hearing(s) and/or complaint resolution.

DISCIPLINARY STATUS CATEGORIES

Disciplinary status categories are applicable to individuals holding any level of credentialing available through the DMH Addictions Therapist Certification Program.

Limited

1) The Review Board, as a result of disciplinary action as defined in this chapter, may choose to restrict or limit a certified individual's practice.

2) To return to Current Status, an individual in Limited Status would be required to meet all requirements as determined to be necessary by the Review Board and/or DMH Executive Director.

Suspended

The Review Board, as a result of disciplinary action as defined in this chapter, may choose to invalidate an individual's certification for any period of time.

An individual's certification may also be suspended due to noncompliance with the CE renewal requirement, as determined by the audit process described in Chapter Seven.

1) The individual's certificate shall be turned over to the Division for the period of suspension.

2) To return to Current Status, an individual in Suspended Status would be required to meet all requirements as determined to be necessary by the Review Board and/or DMH Executive Director.

Surrendered

1) The Review Board, as a result of disciplinary action as defined in this chapter, may choose to request the surrender of an individual's certificate.

2) In addition, the certified individual may request Surrendered Status. However, the certified individual's request for Surrendered Status is subject to the approval of the Review Board and/or DMH Executive Director.

3) The surrendered certificate shall be turned over to the Division.

4) To return to Current Status, an individual in Surrendered Status would be required to meet all requirements as determined to be necessary by the Review Board and/or DMH Executive Director.

Revoked

1) The Review Board, as a result of disciplinary action as defined in this chapter, may revoke an individual's certification.

2) Once professional certification is revoked, the individual must return his/her certificate to the Division.

3) Following the period of revocation established by the Review Board, the individual may reapply for certification by repeating the application process, meeting all current professional certification requirements, in addition to any additional requirements determined to be necessary by the Review Board and/or DMH Executive Director.

DISCIPLINARY APPEAL

Following a disciplinary hearing, a DMH-credentialed individual aggrieved by a decision of the Review Board related to the disciplinary action/sanctions shall have the right to appeal to the DMH Executive Director. The Division of PLACE must receive the credentialed individual's written notification of appeal within 15 calendar days of the mailing of the written notification of the Review Board's action, as determined by the Division's records.

The DMH Executive Director (or designee) will review the DMH-credentialed individual's case and notify the credentialed individual of the results of this review within 30 days.

A DMH-credentialed individual aggrieved by the DMH Executive Director's decision regarding the appeal may then appeal to the State Board of Mental Health. Appeals to the State Board of Mental Health must be received by DMH within 30 calendar days of the mailing of the DMH Executive Director's final decision, as determined by DMH's records; the appeal must be made and conducted in accordance with established Board policy.

Glossary

The following terms and definitions apply to the DMH Addictions Therapist credentialing program:

* A/D: Abbreviation for

"Alcohol and other Drug"

* Alcohol and other Drug (A/D) abuse prevention services: Alcohol and other drug (A/D) abuse prevention services, as described in the DMH Operational Standards for Mental Health, Intellectual/Developmental Disabilities, and Substance Abuse Community Service Providers, generally refers to a process that involves interacting with individuals, communities, and systems to promote programs and activities designed to prevent, reduce or delay substance use or abuse. A/D prevention services generally involve the application of the following six (6) prevention strategies: 1) information/dissemination; 2) affective education programs; 3) alternative programs; 4) program/identification and referral; 5) community-based process; and, 6) environmental programs.

* Alcohol and other Drug (A/D) abuse treatment services: Alcohol and other drug (A/D) abuse treatment services, as described in the DMH Operational Standards for Mental Health, Intellectual/Developmental Disabilities, and Substance Abuse Community Service Providers, generally refers to services and supports which are available to individuals with substance abuse disorders, such as primary substance abuse treatment (i.e., Primary Residential Treatment, General Outpatient Services, Intensive Outpatient [IOP] Services, Inpatient Chemical Dependency Unit [CDU] Services and Specific Outpatient DUI Program Tracks), transitional residential/secondary substance abuse treatment; and, aftercare/substance abuse support services.

* Applicant: An individual who has submitted a complete application packet for DMH professional credentialing

* Approved Educational Institution: An institution of higher learning which is accredited by a regional accrediting body

* Audit: Random selection of renewed individuals for the purpose of determining compliance with the continuing education (CE) renewal requirement

* Board: The Mississippi State Board of Mental Health

* Certificate: The document issued by DMH attesting to an individual's DMH professional credential

* Certification Period: Individuals holding full certification are on a four-year certification schedule, referred to as the "certification period." Qualified CATs and LCATs renew every four years by the renewal deadline.

* Certified Addictions Therapist (CAT): An individual who obtains and maintains the CAT credential through the Mississippi Department of Mental Health; this credential was formerly known as CAC.

* Continuing Education (CE) Hours; Educational/training activities required for renewal which are designed to increase the professional proficiency of an individual holding a DMH professional credential; one Continuing Education Hour (CE) consists of 60 consecutive minutes of training

* Credential(ing); A generic term referring to any or all levels of DMH professional certification

* Date of Issuance; The assigned date on which a DMH professional credential becomes effective

* Division/Division of PLACE; The Department of Mental Health, Division of Professional Licensure and Certification (PLACE)

* DMH: The Mississippi Department of Mental Health

* DMH Addictions Therapist Web-based Training Component: A customized collection of e-learning courses (and corresponding exams) designed to address basic knowledge and practical information pertinent to an addictions therapist in the state mental heath system; successful completion of this web-based training component is one of the requirements for CAT.

* DMH Executive Director; The Executive Director of the Mississippi Department of Mental Health

* DMH Operational Standards for Mental Health, Intellectual/Developmental Disabilities, and Substance Abuse Community Service Providers: Manual published by the Mississippi Department of Mental Health which establishes and promulgates required operational standards for programs receiving DMH certification

* Independent Practitioner, Behavioral Health: An individual who holds a current professional license; the license must be in a behavioral health discipline and/or must be accompanied by experience in the behavioral health field; examples of independent practitioner professional license types acceptable for DMH Addictions Therapist "Qualified Supervisor" can be found in the "Glossary" section of the current DMH Operational Standards for Mental Health, Intellectual/Developmental Disabilities, and Substance Abuse Community Service Providers under the definition "Professional License."

* Licensed Clinical Addictions Therapist (LCAT): An individual who obtained and maintains the LCAT credential through the Mississippi Department of Mental Health; this level of credentialing was discontinued effective January 2009. Though no longer available to new applicants, those who obtained the LCAT credential prior to its discontinuance may continue to renew it as long as renewal requirements are met. This credential was formerly known as LCAC.

* PLACE Review Board/Review Board: The Professional Licensure and Certification (PLACE) Review Board

* Provisional Certification Period: The Provisional Certification Period is the time period an individual holds provisional certification (PCAT). The Provisional Certification Period begins on the PCAT credential's assigned date of issuance and can last for a maximum of 24 consecutive months. Provisional certification is temporary and nonrenewable. By the end of the Provisional Certification Period, the PCAT is expected to have completed all requirements to upgrade to full certification.

* Provisionally Certified Addictions Therapist (PCAT): An individual who obtains the PCAT credential through the Mississippi Department of Mental Health; PCAT is a temporary, nonrenewable certification. PCATs work towards full certification as a Certified Addictions Therapist (CAT). This credential was formerly known as PC AC.

* Qualified Supervisor: A Qualified Supervisor is defined as an individual who meets the established professional criteria, as outlined in Chapter Three of this document, to provide supervision of (and verify) a CAT applicant's required work experience.

* Staff Development Officer (SDO): State mental health system program employee(s) responsible for maintaining staff development records and assisting in the verification of ongoing continuing education for renewal applicants; the SDO also serves as a liaison between the program and the Division and as a resource to his/her program concerning DMH professional credentialing. The SDO is appointed by the Program Director; a record of SDO appointments is maintained on file by the Division.

* State Mental Health System: The network of programs in Mississippi which receive funding and/or programmatic certification by the Mississippi Department of Mental Health and/or programs certified/licensed by the Mississippi State Department of Health that are operated by the state mental health system (i.e., Mississippi Department of Mental Health)

* Upgrade: Progression (i.e., moving) from provisional (temporary) certification (PCAT) to full certification (CAT)

Miss. Code. tit. 24, pt. 4, ch. Ten

Section 41-4-7 of the Mississippi Code of 1972, Annotated