21 N.C. Admin. Code 68.0601

Current through Register Vol. 39, No. 8, October 15, 2024

Section 68 .0601 - GROUNDS FOR PROFESSIONAL DISCIPLINE

The following are grounds for discipline:

(1) fraud or misrepresentation in procuring or maintaining a credential:

(a) acting as to practice, attempt to practice, or to supervise others while representing oneself to be a credentialed substance use disorder professional without being duly credentialed;

(b) falsely representing material fact to procure or maintain a credential, whether by word or conduct;

(c) concealing requested information contained in the application;

(d) attempting to file or filing any false or forged diploma, certificate, affidavit, transcript, identification or qualification;

(e) submitting material which is not the work product of the applicant;

(f) knowlingly assisting another to procure or maintain their credential on the basis of fraud; or

(g) assisting any uncredentialed person to practice as a credentialed substance use disorder professional in violation of this code.

(2) fraud or misrepresentation to the public:

(a) knowlingly make misleading, deceptive, false, or fraudulent misrepresentations in the practice of the profession;

(b) advertising or holding oneself out to the public to provide professional services for which he or she is not credentialed; or

(c) pursuing an illegal practice as set forth in G.S. 90-113.43.

(3) knowlingly make misleading, deceptive, false, or fraudulent representations to the Board;

(4) exploitation of a relationship with client or person served:

(a) entering into a professional relationship in violation of Rule .0509 of this Chapter;

(b) participating in or soliciting sexual activity or sexual contact with a current or former client or client of one's agency in violation of Rule .0509 of this Chapter; and

(c) entering into personal financial arrangements with a client or person served in violation of Rule .0511 of this Chapter.

(5) illegal acts or practices:

(a) violation of Rule .0508 of this Chapter;

(b) conviction for violating any controlled substances law or any driving while impaired law; or

(c) being an accessory to or participating in dishonesty, fraud, misrepresentation, or any other illegal act involving a client or person served.

(6) professional incompetency or failure to meet standards of practice:

(a) failure to follow the standards of skill and competence possessed and applied by professional peers credentialed in this State acting in the same or similar circumstances;

(b) practicing outside their scope of practice.

(c) use of drugs including alcohol to the extent that professional competency is affected or that the professional suffers impairment; or

(d) refusal to seek treatment for chemical dependency or mental health problems which impair professional performance.

(7) In professional relationships, the following are prohibited:

(a) knowingly offering professional services to a client in a professional relationship with another substance use disorder professional except with the knowledge of the other professional or after the termination of the client's relationship by the other professional;

(b) sending or receiving any form of remuneration for referral of clients or persons served for substance use disorder treatment services from the professional to whom the referral was made;

(c) accepting from or charging the client a fee for a referral to another substance use disorder professional;

(d) accepting or charging a fee when no substance use disorder professional services are actually provided; except actual costs for copies and administrative services may be recovered; or

(e) failing to cooperate with the investigations and proceedings of any professional ethics committee unless the failure is within the exercise of the professional's constitutional rights.

21 N.C. Admin. Code 68 .0601

Authority G.S. 90-113.33; 90-113.39; 90-113.40; 90-113.42; 90-113.43; 90-113.44; 90-113.45;
Temporary Adoption Eff. October 23, 1995 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;
Eff. February 1, 1996;
Amended Eff. April 1, 2011; August 1, 2000;
Readopted Eff. October 1, 2020.

Authority G.S. 90-113.33; 90-113.37; 90-113.39; 90-113.40; 90-113.42; 90-113.43; 90-113.44; 90-113.45; 90-338;
Temporary Adoption Eff. October 23, 1995 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;
Eff. February 1, 1996;
Amended Eff. April 1, 2011; August 1, 2000.

Readopted by North Carolina Register Volume 35, Issue 09, November 2, 2020 effective 10/1/2020.