N.Y. Comp. Codes R. & Regs. tit. 14 § 853.19

Current through Register Vol. 46, No. 45, November 2, 2024

Section 853.19 - Canon of Ethical Principles and Misconduct for Custodians of People with Special Needs

(a)The Credentialed Alcoholism and Substance Abuse Counselor Canon of Ethical Principles. The CASAC must:

(1) Practice objectivity and integrity; maintain the highest standards in the services offered; respect the values, attitudes and opinions of others; and provide services only in an appropriate professional relationship.

(2) Not discriminate in work-related activities based on age, race, creed, color, national origin, religion, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status or domestic violence victim status or any other basis proscribed by law.

(3) Respect the integrity and protect the welfare of the person or group with whom the counselor is working.

(4) Embrace, as a primary obligation, the duty of protecting the privacy of service recipients and must not disclose confidential information or records under their control in strict accordance with federal, state and local laws.

(5) Not engage in dual relationships as defined in this Part. If a credentialed professional engages in conduct contrary to this prohibition or claims that an exception to this prohibition is warranted because of extraordinary circumstances, it is the credentialed professional who assumes the full burden of demonstrating that the former service recipient has not been exploited, coerced, or manipulated, intentionally or unintentionally.

(6) Not engage in sexual activities or sexual contact with current or former service recipients (lack of consent is presumed).

(7) Not engage in behavior that is harassing or demeaning, including, but not limited to, sexual harassment.

(8) Not exploit service recipients or others over whom they have a position of authority.

(9) Treat colleagues and other professionals with respect, courtesy and fairness and cooperate in order to serve the best interests of service recipients.

(10) Notify appropriate authorities, including employers and OASAS, when they have direct knowledge of a colleague's impairment, Code of Conduct violations or misconduct which may interfere with treatment effectiveness and place service recipients and others at risk.

(11) Recognize the effects of their own impairment on professional performance and must not provide services which create conflict of interest or impair work performance and clinical judgment.

(12) Cooperate with investigations, proceedings, and requirements of OASAS or other authorities with jurisdiction over those charged with a violation of any statute, regulation or rule.

(13) Not participate in the filing of frivolous ethics complaints or which have a purpose other than to protect the public.

(14) Assure that financial practices are in accord with professional standards which safeguard the best interests of the service recipient, the counselor and the profession.

(15) Take reasonable steps to ensure documentation in records is accurate, sufficient and timely thereby ensuring appropriateness and continuity of services provided to service recipients.

(16) Uphold the legal and accepted moral codes which pertain to professional conduct.

(17) Recognize the need for ongoing education to maintain current competence, and to improve expertise and skills.

(18) Acknowledge the limits of present knowledge in public statements concerning alcoholism and substance abuse. The Credentialed Alcoholism and Substance Abuse Counselor must report fairly and accurately appropriate information and must acknowledge and document materials and techniques used.

(19) Assign credit to all who have contributed to published material and for the work upon which publication is based.

(20) Strive to inform the public of the effects of alcoholism and substance abuse. The Credentialed Alcoholism and Substance Abuse Counselor must adopt a personal and professional stance which promotes the well-being of the recovery community.

(b)New York State Office of Addiction Services and Supports Credentialed Prevention Professional (CPP)/Credentialed Prevention Specialists (CPS) Canon of Ethical Principles. The CPP and CPS must:

(1) Recognize that the profession is founded on national standards of competence which promote the best interest of society, the service recipient, the professional and the profession as a whole.

(2) Do no harm to service recipients. Practices must be respectful and non-exploitative. Services must protect the recipients from harm and the professional and the profession from censure.

(3) Maintain an objective, non-possessive relationship with those they serve and must not exploit them sexually, financially or emotionally.

(4) Not promote personal gain or profit.

(5) Not discriminate against service recipients or colleagues based on race, religion, national origin, sex, age, sexual orientation, economic condition or physical or mental disability. The CPP and CPS must broaden his/her understanding and acceptance of cultural and individual differences and, in so doing, render services and provide information sensitive to those differences.

(6) Observe the profession's technical and ethical standards; strive continually to improve personal competence and quality of service delivery and discharge professional responsibility to the best of their ability.

(7) Be diligent in discharging responsibilities by rendering services carefully and promptly by being thorough and by observing applicable technical and ethical standards.

(8) Adequately plan and supervise any professional activity for which they are responsible.

(9) Recognize limitations and boundaries of competencies and not use techniques or offer services outside of their own competencies. The CPP and CPS is responsible for assessing the adequacy of their own competence for the responsibility to be assumed.

(10) Report to the appropriate authorities any unethical conduct or practice on the part of any agency or individual providing prevention services when aware of such conduct or practice. The CPP and CPS must not participate in the filing of frivolous ethics complaints or which have a purpose other than to protect the public.

(11) Perform all professional responsibilities with the highest sense of integrity in order to maintain and broaden public confidence. Integrity can accommodate the inadvertent error and the honest difference of opinion, but it cannot accommodate deceit or the subordination of principle.

(12) Not subordinate services and the public trust for personal gain and advantage. Services, including referrals, must be based in the best interest of the recipient(s). All information must be presented fairly and accurately. The CPP and CPS must document and assign credit to all contributing sources used in published material or public statements.

(13) Not misrepresent, either directly or by implication, professional qualifications or affiliations.

(14) Not be associated, directly or indirectly, with any services or products which in any way are misleading or incorrect.

(15) Report any suspected child abuse to the appropriate agency and follow up to ensure appropriate action has been taken.

(16) Be supportive of assistance and treatment where there is evidence of impairment in a colleague or service recipient.

(17) Recognize the effect of impairment on professional performance and be willing to seek appropriate treatment for themselves.

(18) Protect service recipients' rights and ensure confidentiality by adhering to all applicable state and federal laws and regulations. The CPP and CPS must not participate in, or condone, any illegal activity, including the use of illegal chemicals or the possession, sale or distribution of illegal chemicals. The CPP and CPS must not participate in, condone, or be an accessory to dishonesty, fraud, deceit or misrepresentation.

(19) Take the initiative to support, promote and improve the delivery of high-quality services throughout the continuum of care of prevention, treatment and recovery.

(20) Advocate for changes in public policy and legislation to afford opportunities and choices for all persons whose lives are impaired or impacted by the disease of alcoholism, tobacco use and other drug abuse and addictions and to promote the health and well-being of all human beings.

(21) Actively participate in the public awareness of the effects of alcohol, tobacco and other drug effects, including alcoholism and other addictions and act to assure that all persons, especially the disadvantaged, have access to necessary resources and services.

(22) Not engage in dual relationships as defined in this Part. If a credentialed professional engages in conduct contrary to this prohibition or claims that an exception to this prohibition is warranted because of extraordinary circumstances, it is the credentialed professional who assumes the full burden of demonstrating that the former service recipient has not been exploited, coerced, or manipulated, intentionally or unintentionally.

(23) Not engage in sexual activities or sexual contact with current or former service recipient (lack of consent is presumed).

(24) Notify appropriate authorities, including employers and OASAS, when they have direct knowledge of a colleague's impairment or misconduct which may interfere with treatment effectiveness and place service recipients and others at risk.

(c)Additional Standards for CPGCs and Gambling Designations. Credentialed Problem Gambling Counselor Professional Code and Ethical Standards (Adapted from the National Council on Problem Gambling Professional Code and Ethical Standards, A.2). A CPGC and gambling designee must:

(1) Recognize that the profession is founded on national standards of competence which promote the best interest of society, of the service recipient, of the counselor and of the profession as a whole.

(2) Espouse objectivity and integrity; maintain the highest standards in the services offered; respect the values, attitudes and opinions of others; and provide services only in an appropriate professional relationship.

(3) Not discriminate in work-related activities based on race, religion, age, gender, disabilities, ethnicity, national origins, sexual orientation, economic condition or any other basis proscribed by law.

(4) Recognize the need for ongoing education to maintain current competence and to improve expertise and skills.

(5) Uphold the legal and accepted moral codes pertaining to professional conduct.

(6) Respect the integrity and protect the welfare of the person or group with whom the counselor is working.

(7) Embrace, as a primary obligation, the duty of protecting the privacy of service recipients and must not disclose confidential information acquired in teaching, practice, research or investigation and maintain the confidentiality of records under their control.

(8) Inform the prospective service recipient of the important aspects of the nature of services to be provided and the service recipient/counselor relationship.

(9) Not engage in dual relationships as defined in this Part. If a credentialed professional engages in conduct contrary to this prohibition or claims that an exception to this prohibition is warranted because of extraordinary circumstances, it is the credentialed professional who assumes the full burden of demonstrating that the former service recipient has not been exploited, coerced, or manipulated, intentionally or unintentionally.

(10) Not engage in sexual activities or sexual contact with current or former service recipient (lack of consent is presumed).

(11) Treat colleagues and other professionals with respect, courtesy and fairness and cooperate in order to serve the best interests of their service recipients.

(12) Not engage in behavior that is harassing or demeaning, including, but not limited to, sexual harassment.

(13) Not exploit service recipients or others over whom they have a position of authority.

(14) Acknowledge the limits of present knowledge in public statements concerning compulsive gambling, as well as report fairly and accurately the appropriate information and acknowledge and document materials and techniques used.

(15) Not participate in the filing of frivolous ethics complaints or which have a purpose other than to protect the public.

(16) Recognize the effects of their own impairment on professional performance and must not provide services which create conflict of interest or impair work performance and clinical judgment.

(17) Assure that financial practices are in accord with professional standards which safeguard the best interests of the service recipient, the counselor and the profession.

(18) Strive to inform the public, through civic and professional participation in community affairs, of the effects of problem gambling and adopt a personal and professional stance which promotes the well-being of all human beings.

(19) Assign credit to all who have contributed to published material and for the work upon which publication is based.

(20) Support all efforts toward a primary goal of recovery for service recipients and families.

(21) Notify appropriate authorities, including employers and OASAS, when they have direct knowledge of a colleague's impairment or misconduct which may interfere with treatment effectiveness and place service recipients and others at risk.

(d)Justice Center Code of Conduct for Custodians of People with Special Needs. Persons holding any of the credentials or designations issued by the Office are required to sign and adhere to the provisions of the Code of Conduct if they have regular and substantial contact with a service recipient. The most recent version of the Code of Conduct may be found on the Office website.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 853.19

Adopted New York State Register September 9, 2015/Volume XXXVII, Issue 36, eff. 9/9/2015

Amended New York State Register July 15, 2020/Volume XLII, Issue 28, eff. 4/1/2021

Amended New York State Register February 7, 2024/Volume XLVI, Issue 6, eff. 2/7/2024