N.Y. Comp. Codes R. & Regs. tit. 14 § 853.13

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

Section 853.13 - Misconduct

(a)Canon of Ethics and Codes of Conduct. Credentialed professionals must abide by the Canon of Ethical Principles or Professional Code and Ethical Standards applicable to their professions and any applicable credential designation and the Justice Center's Code of Conduct for Custodians.

(b)Violations. Any person applying for a credential, renewal or reinstatement or who holds a valid credential or designation issued by the Office and who engages in misconduct as described in this section or otherwise violates the applicable Canon of Ethical Principles and Misconduct and/or the Code of Conduct for Custodians of People with Special Needs may be subject to the penalties or other remedial actions prescribed in this Part.

(c)Misconduct. The following constitutes misconduct:

(1) obtaining the credential or designation fraudulently;

(2) practicing or providing services fraudulently, with gross incompetence, with gross negligence on a particular occasion or negligence or incompetence on more than one occasion, or otherwise acting contrary to the interests of a service recipient;

(3) practicing or providing services while under the influence of alcohol and/or other substances;

(4) violating any term or condition or limitation imposed by the Office on the credentialed professional;

(5) refusing to provide services to a person, individual, organization or community because of race, creed, color, gender, age, disability, national origin, sexual orientation, or socioeconomic status;

(6) being convicted of or committing an act constituting a crime under New York state law, federal law, or the law of another jurisdiction which, if committed within New York, would constitute a crime in this state;

(7) promoting the inappropriate sale of services, goods, property or drugs in such manner as to exploit a service recipient for the financial gain of the certified/credentialed professional or of a third party;

(8) directly or indirectly offering, giving, soliciting or receiving, or agreeing to receive, any fee, or other consideration to or from a third party for the referral of a service recipient in connection with the performance of addiction services;

(9) entering into a dual relationship with a service recipient or former service recipient that is outside the boundaries of professional conduct;

(10) initiating or pursuing a romantic, sexual or otherwise sexually exploitive relationship or committing sexual misconduct with a service recipient using romantic/sexual comments or touch, romantic/sexual contact in written, telephonic, or electronic format including but not limited to social media, text messaging, email, photos, videos or recordings of a romantic or sexual nature;

(11) engaging in any conduct which would constitute a "reportable incident" as such terms are defined in Part 836 of this Title;

(12) failure by the applicant or credentialed professional to notify the Office of any disciplinary action taken against him or her as the holder of any other license or certification issued by New York state or any other federal or state authority;

(13) professional misconduct as the holder of another license or credential;

(14) unlawful use of the title Credentialed Alcoholism and Substance Abuse Counselor, Credentialed Alcoholism and Substance Abuse Counselor Trainee, Credentialed Alcoholism and Substance Abuse Counselor Provisional, Credentialed Prevention Professional, Credentialed Prevention Specialist or Credentialed Problem Gambling Counselor, including use of such title if a credential is inactive, deactivated, suspended, expired or revoked, or is pending approval of reciprocity;

(15) no person shall use any of the following titles to engage in private practice unless otherwise authorized by law: Credentialed Alcoholism and Substance Abuse Counselor (CASAC), Credentialed Alcoholism and Substance Abuse Counselor Trainee (CASAC trainee), Credentialed Alcoholism and Substance Abuse Counselor Provisional, Credentialed Prevention Professional (CPP), Credentialed Prevention Specialist (CPS), or Credentialed Problem Gambling Counselor (CPGC);

(16) knowingly working outside of the scope of practice of the credential as applicable in the work setting.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 853.13

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