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

Current through August 17, 2024
Chapter Nine - Professional Responsibilities

SCOPE OF PRACTICE

* DMH professional credentials are valid only in Mississippi's "state mental health system." DMH Addictions Therapists may only use the title if actively employed in the state mental health system (or in Inactive Status).

* DMH Addictions Therapists are certified to provide (or supervise the provision of) alcohol and other drug abuse treatment services (involving application of the principles, methods and procedures of alcohol and other drug abuse treatment service provision) within Mississippi's state mental health system.

* The principles, methods and procedures of alcohol and other drug abuse treatment services that are provided by DMH Addictions Therapists must be in compliance with the DMH Operational Standards for Mental Health, Intellectual/Developmental Disabilities, and Substance Abuse Community Service Providers.

* DMH Addictions Therapists should only practice within the boundaries of their education, training, professional experience, and credential(s) held.

* This certification does not qualify an individual to provide services outside this scope of practice or in private practice. Practicing beyond the scope of practice may lead to sanctions as described in Chapter 10.

* A person issued a certificate by the Department of Mental Health may use the title appropriate to his/her category of professional certification while in the employ of a state mental health system program (or while in Inactive Status).

* Professional identification is directly affected by employment. DMH-credentialed individuals who experience a change in or separation from state mental health system employment are expected to follow the relevant guidelines below.

REPORTING CHANGES IN VITAL INFORMATION

Credentialed individuals are required to notify the Division within 14 working days of a change in legal name, address or employment.

Name Change

Each credentialed individual should ensure that his/her current wall certificate bears his/her current legal name. An individual whose legal name has changed is expected to request a new certificate reflecting the new name. Once the new certificate is generated, the previous certificate is invalid.

To request a name change, the individual should submit a written/email request for a name change, along with a copy of legal documentation of the name change. The request should indicate the new name as it should appear on the replacement certificate. Name changes reported at the time of an upgrade application do not have to be accompanied by a request or copy of the legal documentation; this exemption does not apply to renewal applications.

Only individuals in good standing who are currently employed in the state mental health system (or in Inactive Status) may request a replacement certificate.

Address Change

An individual whose email address, mailing address and/or telephone number has changed is expected to contact the Division with the new information.

Employment Change

Upon separation of the credentialed individual from state mental health system employment, the individual's DMH professional credential will become null and void unless he/she provides notification of reemployment in the state mental health system or requests and receives an appropriate credential status change according to the procedures established by the Division, as covered in the "Separation From State Mental Health System Employment" section below.

Notification of a change in place of employment (not job title) must be submitted in writing/email to the Division of PLACE by either the credentialed individual OR the place of employment from which the credentialed individual is separating.

An individual who is either leaving state mental health system employment or changing to a new state mental health system program should follow the requirements under "Separation From State Mental Health System Employment" below.

SEPARATION FROM STATE MENTAL HEALTH SYSTEM EMPLOYMENT

It is the credentialed individual's responsibility to keep track of his/her employment situation (and the potential for notification of separation of employment via the separating employer), accordingly.

Once the Division receives written/email notification of separation from employment (as outlined above), the Division will allow the individual a period of up to 45 calendar days from the date of notification to pursue one of the following options:

1)If the individual has become employed with a new "state mental health system" program, the individual should update his/her employment information with the Division by submitting a new Verification of Employment Form from the new place of employment.
2)If the individual IS NO LONGER EMPLOYED in the "state mental heath system," the individual may request with the Division a status change for his/her credential. Status change options include:

* Request Relinquished Status (available to provisional and full certification);

* Request Extended Status (available only to provisional certification);

* Request Inactive Status (available only to full certification); and,

* Request Retired Status (available only to full certification).

More information on credentialing statuses and how to obtain a status change is listed under the "Credential Status Change Requests, " "Provisional Certification Status Categories " and "Full Certification Status Categories " sections below.

During this 45-day period, unless employed in a state mental health system program and in good standing, individuals in this situation are not allowed to practice.

At the end of the 45-day period, if no appropriate action is taken by the credentialed individual to either: 1) update his/her employment or 2) request an appropriate status change, the credential will expire and be changed to either Lapsed or Defaulted Status, as appropriate; this is an automatic process - no notification by the Division will be made. Lapsed and Defaulted Status mean the credential is expired, and the individual no longer holds the credential.

Status change requests initiated by the credentialed individual are subject to Review Board approval.

If a DMH-credentialed individual has a question about what to do if he/she has left state mental health system employment, the individual should contact the Division for assistance at the earliest indication of such separation,

DMH-credentialed individuals must be aware that notification of separation of employment may come from either the separating employer OR the credentialed individual. The Division does not notify a certified individual when a separating employer has made this notification. The certified individual is held to the 45-day time frame, regardless of whether the notification of employment separation came from the certified individual or the separating employer.

CREDENTIAL STATUS CHANGE REQUESTS

Credentialed individuals needing to make a status change request should submit the request in writing (or via email) to the Division of PLACE, along with any pertinent supporting information. Applicable credentialing timelines must be met. Individuals needing assistance regarding status change requests should contact the Division for assistance. Status change requests initiated by the credentialed individual are subject to Division of PLACE and/or Review Board approval. The Division/Review Board reserves the right to deny any submitted status change request.

PROVISIONAL CERTIFICATION STATUS CATEGORIES

The following status categories are applicable to individuals holding the DMH Provisionally Certified Addictions Therapist credential (PCAT).

Current Status

An individual holding provisional certification which is in good standing (including timely submission of all forms, fees, changes of information, etc.) and without sanctions will be considered to be in Current Status.

An individual whose credential is in Current Status is able to practice within the scope of practice of this credentialing program and the ethical standards/principles.

In order to maintain Current Status, a PCAT is expected to notify the Division in writing (or via email) within 14 working days of a change in vital information such as name, address, employment, etc.

The name of a person whose credential is in Current Status will appear on any list produced by the Division if he/she is Current at the time the list is produced.

Extended Status

Extended Status - General Information:

* In rare and extenuating circumstances, the Division of PLACE/Review Board may grant a PCAT Extended Status on his/her provisional certification.

* Extended Status will only be granted to a PCAT who is in good standing at the time of the request.

* To obtain an extension, the individual should submit a written/email request to the Division of PLACE. The Division will subsequently review the request and/or present the request to the Review Board. In the request, the PCAT should specifically request Extended Status, provide an explanation as to why the extension is needed and indicate a specific time period for the extension. Any documentation which supports the request should also be submitted. The Division and/or the Review Board may verify the circumstances surrounding the request.

* An individual on Extended Status is expected to comply with the terms of the extension as granted by the Division and/or Review Board. Failure to do so may result in Defaulted Status.

* The maximum allowable time frame for which an extension may be granted is up to six months(at the discretion of, and subject to the approval of, the PLACE Review Board).

* If a PCAT is approved for Extended Status, he/she will only be allowed one (1) extension. Second or subsequent Extended Status requests will not considered.

Extended Status - Individual needs more time to upgrade:

* Due to extenuating circumstances, the Division of PLACE/Review Board may grant Extended Status to an individual who is unable to complete all requirements to upgrade to full certification within the required two year (24 consecutive months) time limit. An extension is intended to allow a PCAT additional time to complete the upgrade requirements. An individual granted Extended Status who is currently employed in the state mental health system is allowed to practice as a PCAT and is expected to complete all requirements of provisional certification by the approved deadline for the extension.

Extended Status - Individual has left State Mental Health System Employment:

* The Division of PLACE/Review Board may also grant Extended Status to a PCAT who has temporarily left employment in a state mental health system program. An individual granted an extension due to having left state mental health system employment may neither practice as a PCAT nor register for any DMH Addictions Therapist certification activities for upgrade. An individual on Extended Status for this reason would need to submit a written/email request to return to Current Status, along with a new Verification of Employment Form from the new place of employment.

* Upon returning to Current Status, the individual will again be allowed to practice as a PCAT and will be able to register for and participate in any DMH Addictions Therapist certification activities required for upgrade. An individual who was previously in Extended Status and who has been returned to Current Status is expected to complete all requirements of provisional certification by the approved extension deadline.

Defaulted Status

Defaulted Status means the individual's provisional credential has expired and is no longer valid. A PCAT may default for the following reasons including, but not limited to:

* Failure to complete all upgrade requirements by the end of the two-year, 24 consecutive month Provisional Certification Period;

* Failure to submit an upgrade application so that it is received by the Division within established timelines;

* Failure to submit a request for Extended Status, or other status change request, so that it is received within established timelines;

* The Division and/or Review Board's determination of failure to submit a satisfactory request for Extended (or other) Status;

* Failure to comply with the terms of an extension granted by the Division or the Review Board; and/or,

* Separation from employment in the state mental health system without appropriate change in status category.

Upon defaulting from the DMH Addictions Therapist certification program, the individual immediately ceases to hold provisional certification (PCAT),

Defaulting from the program immediately overrides any other status category held by a provisionally-certified individual.

To return to Current Status, an individual in Defaulted Status would be required to repeat the application process meeting all current requirements, including any specific requirements determined necessary by the Division of PLACE and/or the Review Board.

Except in extremely rare and extenuating circumstances, as determined on a case-by-case basis by the Division of PLACE and/or the Review Board, a PCAT who has defaulted twice will not be allowed to reapply for this credentialing program a third time.

Relinquished Status

A provisionally-certified individual who determines that he/she no longer needs/wants to hold and maintain professional certification may submit a written/email request to the Division of PLACE requesting Relinquished Status. The Division will subsequently review the request and/or present the request to the Review Board. The Division and/or Review Board may verify the circumstances surrounding the request. Once approved for Relinquished Status, the individual no longer holds the credential. The individual's certificate is null and void.

To return to Current Status, a provisional individual in Relinquished Status would be required to repeat the application process, meeting all current requirements, including any specific requirements determined necessary by the Division of PLACE and/or the Review Board.

FULL CERTIFICATION STATUS CATEGORIES

The following status categories are applicable to individuals holding full certification as a DMH Certified Addictions Therapist (CAT).

Current Status

An individual holding certification which is in good standing (including timely submission of all forms, fees, changes of information, etc.) and without sanctions will be considered to be in Current Status.

An individual whose credential is in Current Status is able to practice within the scope of practice of this credentialing program and the ethical standards/principles.

In order to maintain Current Status, a CAT is expected to notify the Division in writing (or via email) within 14 workinR days of a change in vital information such as name, address, employment, etc.

The name of a person whose credential is in Current Status will appear on any list produced by the Division if he/she is Current at the time the list is produced.

Inactive Status

The Division of PLACE/Review Board may grant Inactive Status to a fully-certified individual who is leaving employment in the state mental health system and wishes to maintain the credential.

Inactive Status will only be granted to a fully-certified individual who is in good standing (Current Status) at the time of the request.

In order to pursue Inactive Status, the certified individual must submit a written/email request to the Division of PLACE. The Division will subsequently review the request and/or present the request to the Review Board. In the request, the fully-certified individual should request Inactive Status, provide an explanation as to why the status change is needed and indicate a specific time period for the inactivity. Documentation which supports the request may be submitted along with the request. The Division and/or the Review Board may verify the circumstances surrounding the request.

Individuals granted Inactive Status must meet renewal requirements, including payment of required fees and completion of required continuing education requirements. Otherwise, the certified individual's credential will lapse.

An individual in Inactive Status is allowed to continue to use the professional title behind his/her name, but is not allowed to practice.

A person in Inactive Status may be returned to Current Status upon submission of a written/email request, along with an appropriate Verification of Employment Form reflecting current employment within the state mental health system.

Lapsed Status

Lapsed Status means the fully-certified individual's credential has expired and is no longer valid. A fully-certified individual's credential may lapse for any of the following reasons, including but not limited to:

* Failure to renew professional certification according to established timelines;

* Failure to make a special request, according to established timelines and obtain an appropriate certification status;

* The Division or Review Board's determination of failure to submit a satisfactory request for a status change;

* Failure to comply with the terms of the status change request granted by the Division or the Review Board; and/or,

* Separation from state mental health system employment without appropriate status change.

Lapsing from the program immediately overrides any other status category held by a fully-certified individual. Upon lapsing, the individual immediately ceases to hold certification.

Retired Status

The Division of PLACE and/or the Review Board may grant Retired Status to an individual who has retired and is no longer employed in the state mental health system. Retired status is intended for individuals who have ceased working because they have either reached the age of retirement or have accumulated the number of work years to retire.

In order to pursue Retired Status, the individual (upon retirement) must submit a written/email request to the Division of PLACE. The Division will subsequently review the request and/or present the request to the Review Board. In the request, the individual should request Retired Status and indicate the date of retirement. The Division and/or Review Board may verify the circumstances surrounding the request. The individual granted Retired Status is no longer required to meet renewal requirements/fees and is permitted to keep his/her certificate.

Relinquished Status

A fully-certified individual who determines that he/she no longer needs/wants to hold and maintain professional certification may submit a written/email request to the Division of PLACE requesting Relinquished Status. The Division will subsequently review the request and/or present the request to the Review Board. The Division and/or Review Board may verify the circumstances surrounding the request. Once approved for Relinquished Status, the individual no longer holds the credential. The individual's certificate is null and void.

CERTIFICATION REINSTATEMENT

A DMH Addictions Therapist whose full certification has expired within the past three years, as determined by the Division's records (Relinquished, Retired or Lapsed Status) and who expired in good standing, may be eligible to reactivate his/her certification.

Reinstatement of certification is determined on a case-by-case basis, at the discretion of the Division and/or the Review Board. Individuals desiring reinstatement should submit a written/email request for reinstatement to the Division. The Division will subsequently review the request and/or present the request to the Review Board. Along with the request, the individual must submit a Verification of Employment Form which documents current state mental health system employment. If the request for reinstatement is subsequently approved, the individual must then submit (by a prescribed deadline) the following fees/documentation to the Division in order to finalize reinstatement: 1) reinstatement fee; 2) past renewal fees (including late charges), as determined by the Division or Review Board; and, 3) acceptable documentation of continuing education credit, as determined by the Division or Review Board.

Individuals interested in reinstatement should contact the Division for additional information. Fees are subject to change.

Reinstatement is not available to provisionally-certified individuals,

During a renewal year, an individual desiring reinstatement must wait six months before applying for reinstatement.

Beyond three years, post-expiration, total reapplication is required.

CREDENTIAL VERIFICATION & REPORTING

Upon request, the Division may report specific information about DMH-credentialed individuals. The fields of information which may be shared with individuals making inquiry are:

* Name;

* Type of certification;

* Certificate number;

* Date of issuance;

* Date of expiration;

* Credential status; and,

* Whether or not formal disciplinary action has been taken against the individual.

During renewal season, the Division reserves the right to hold such verification requests until all credentialing records are up-to-date, post renewal.

The Division does not provide application submission/status verifications.

The Division does not provide verifications that a provisional applicant has met his/her upgrade application deadline.

The Division reserves the right to deny any credential verification request.

DMH PRINCIPLES OF ETHICAL AND PROFESSIONAL CONDUCT

All applicants, Provisionally Certified Addictions Therapists and Certified Addictions Therapists shall comply with ethical standards/principles as established by the PLACE Review Board and the Department of Mental Health.

A. Introduction

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, mental health therapists, mental retardation [IDD] therapists, mental health/retardation [HDD] 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.

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 certification. Individuals holding a DMH professional certification should adhere to all parts of the DMH Principles of Ethical and Professional Conduct listed below.

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.

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: Competence
1) 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 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 and the rights of individuals receiving services).
C. 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.
D. Principle III: Respect for People's Rights and Dignity
1) 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.
E. 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

Sexual harassment/misconduct is considered to be any unwelcome solicitation, physical advance or verbal or nonverbal conduct that is sexual in nature. Sexual harassment/misconduct can consist of a single onerous act or multiple persistent or pervasive acts.

1) 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.
2) 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.
G. Principle VI: Drug Free Workplace

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. 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.

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