Mississippi Administrative Code › Title 24 - Mental Health › Part 5 - DMH Peer Support Specialist Professional Standards and Requirement › Chapter Ten - Complaints & Disciplinary Action

Current through June 25, 2024
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 Peer Support Specialist Professional 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 Peer Support 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 DMH.
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 Peer Support
				Specialist Professional 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 credentialed individual must notify the Division of PLACE
within 15 calendar days
of the mailing of the written
				notification of the Review Board's action. The DMH Executive Director shall
				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 made
within 30 calendar days
of the mailing of the DMH
				Executive Director's final decision; the appeal must be made and conducted in
				accordance with established Board policy.
Glossary
The following
terms and definitions
apply to the
				DMH Certified Peer Support Specialist Professional credentialing
				program:
*
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
*
Certified Peer Support Specialist
				Professional;
CPSS provide non clinical peer support that
				is person-centered and recovery and resiliency focused. CPSS is a self
				identified consumer or family member (past or present) of mental health
				services who has successfully completed DMH approved Certified Peer Support
				Specialist training and certification examination.
*
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 CPSSPs and renew
				every four years by the renewal deadline.
*
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
*
Division/Division of
				PLACE
;
The Department of Mental Health, Division of
				Professional Licensure and Certification (PLACE)
*
DMH
;
The Mississippi
				Department of Mental Health
*
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
*
Immediate family member
:
				Spouse, parent, stepparent, sibling, child or stepchild.
*
Legal Representative;
A
				personal representative with legal standing (as by power of attorney or the
				executor of a will).
*
Peer Support Service:
Peer Support Services are person centered activities that allow consumer/family
				members the opportunity to direct their own recovery and advocacy processes.
				Peer Support is a helping relationship between peers and or family member that
				is directed toward the achievement of specific goals defined by the individual.
				Peer Support Services include a wide range of structured activities to assist
				individuals in their wellness and recovery/resiliency, education, employment,
				crisis support, housing, social networking, development of community roles and
				natural supports, self determination and individual advocacy.
*
PLACE Review Board/Review
				Board
:
The Professional Licensure and Certification (PLACE)
				Review Board
*
Staff Development Officer
				(SDO)
:
State mental health system program employee(s) who
				is 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.
*
Supervisor (Peer Support Specialist
				Professional):
An individual credentialed according to the standards and
				guidelines determined by DMH. Prior or immediately upon acceptance in a Peer
				Support Supervisory position, this individual will be required to receive basic
				Peer Specialist training specifically developed for supervision within the Peer
				Support Specialist program, as provided by DMH.
*
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)
Section
				41-4-7
				of the MS Code of 1972, annotated