Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1901 - Authority and Practice › Chapter 3 - Standards and Procedural Rules › Rule 30-1901-3.1 - STANDARDS OF CONDUCT

Current through June 25, 2024
A. General
Licensees subject to this Act shall conduct their activities,
				  services and practice in accordance with the Act and any rules promulgated by
				  the Board thereto. Licensees may be subject to disciplinary sanction enumerated
				  in VIII below if the Board finds that a licensee is in violation of any of the
				  standards of conduct delineated in this section.
B. Violations
1. Negligence in the practice or performance
				of professional services or activities.
2. Engaging in dishonorable, unethical or
				unprofessional conduct of a character likely to deceive, defraud or harm the
				public in the course of professional services or activities.
3. Perpetrating or cooperating in fraud or
				material deception in obtaining or renewing a license or attempting the
				same.
4. Being convicted of any
				crime which has a substantial relationship to the licensee's activities and
				services or an essential element of which is misstatement, fraud or
				dishonesty.
5. Being convicted of
				any crime which is a felony under the laws of this state or of the United
				States.
6. Engaging in or
				permitting the performance of unacceptable services personally or by assistants
				working under the licensee's supervision due to the licensee's deliberate or
				grossly negligent act or acts or failure to act, regardless of whether actual
				damage or damages to the public is established.
7. Continued practice although the licensee
				has become unfit to practice social work or marriage and family therapy due to:
(i) failure to keep abreast of current
				professional theory or practice; or
(ii) physical or mental disability; the entry
				of an order or judgment by a court of competent jurisdiction that a licensee is
				in need of mental treatment or is incompetent shall constitute mental
				disability; or
(iii) addiction or
				severe dependency upon alcohol, drugs, or other substance which may endanger
				the public by impairing the licensees ability to practice and which affects
				professional competence.
8. Disciplinary action taken against the
				licensee's license in another state.
9. Engaging in differential, detrimental
				treatment against any person because of race, color, creed, sex, sexual
				orientation, religion or national origin.
10. Engaging in lewd conduct in connection
				with professional services or activities.
11. Engaging in false or misleading
				advertising.
12. Contracting with,
				assisting or permitting unlicensed persons to perform services for which a
				license is required under this chapter.
13. Violation of any probationary
				requirements placed on a licensee by the Board.
14. Failing to inform clients of the fact
				that the client no longer needs the services or professional assistance of the
				licensee.
15. Charging excessive or
				unreasonable fees or engaging in unreasonable collection practices.
16. Any just and sufficient cause which
				renders a person unfit to practice social work or marriage and family therapy
				as determined by the Board but not limited to:
a. An adjudication of mental incompetence by
				a court of competent jurisdiction.
b. Practicing in a manner detrimental to the
				public health and welfare.
c.
				Revocation of a license by a licensing agency or certification by a certifying
				professional organization.
d. Any
				other violation of this chapter or the code of ethical standards of the
				National Association of Social Workers, the American Association for Marriage
				and Family Therapy or other ethical standards adopted by the Board under the
				provisions of this chapter.
17. Violation of any of the provisions of
				this Act or any rules or regulations of the Board adopted under the provisions
				of this Act.
18. Failure to notify
				the Board of the suspension, probation or revocation of any past or currently
				held license in Social Work, Marriage and Family Therapy or any other health
				care field, in this or any other state, or any disciplinary action taken
				against the licensee by any licensing board or professional
				association.
19. Making false
				representations or impersonations or acting as a proxy for another person or
				allowing or aiding any person to impersonate him/her in connection with any
				application, examination or renewal of a license, or in any procedure relating
				to the Board, or in the practice of their profession.
20. Failure to maintain client records
				securely or to inform all employees of the confidentiality requirements. Client
				records or other confidential information may not be revealed except with
				expressed written consent or as mandated by law, except as specifically stated
				below. Client records must be maintained after the date of termination of the
				clinical relationship.
The Confidentiality requirement may be waived under the
				  following conditions:
a. When the
				client's communications reveal the contemplation of a crime or a harmful act to
				oneself or another person, or the licensee has ample reason to believe that
				such a behavior is highly probable;
b. When the licensee acquires information
				involving a minor or elderly person who was the victim or subject of a crime or
				abuse or neglect and the licensee includes the confidential information in a
				report filed with the appropriate person or agency as required by
				law;
c. When the licensee is
				required by law to testify in a court or administrative hearing concerning
				matters of adoption, adult abuse or neglect, child abuse or neglect, or other
				matters.
d. When a person waives
				the confidentiality privilege by bringing charges against or sues the
				licensee.
21. Payment of
				commission rebates or other forms of remuneration for referral of clients for
				professional services.
22. Failure
				to report to clients all experimental forms of treatment or treatment
				modalities in which the licensee may not be proficient, before they are used
				with the client, explaining their potential benefits and risks of such
				treatment, to obtain the clients prior consent to the treatment, and failure to
				ensure that the welfare of the client is not compromised by any experiment,
				research procedure, or treatment modality.
23. Failure to comply with the ethical codes
				of the applicable profession (NASW or AAMFT) regarding dual relationships with
				clients, former clients, supervisors, or supervisees that could compromise the
				well-being or increase the risk of exploitation of clients or supervisees, or
				impair the objectivity and judgment of the client, supervisees, supervisor or
				licensee. This includes but is not limited to such activities as providing
				therapy to close friends, former sexual partners, employees or relatives, and
				engaging in business relationships with clients. Licensees must set clear,
				appropriate, and culturally sensitive boundaries when dual and multiple
				relationships are unavoidable.
24.
				Failure to report to the appropriate board known or suspected violations of the
				laws and regulations governing the practices of mental health
				professionals.
26. Using a degree
				as a title to indicate a level of competency unless that degree was earned in
				their field of professional practice from an accredited college or university
				as defined in these regulations.
27. Failure of a therapist to inform a client
				of any conflict of interest, values, attitudes or biases between them that are
				sufficient to impair their professional relationship and to terminate the
				professional relationship when it no longer serves the client's needs or
				interests.
28. Failure of a
				therapist to prevent an individual or agency paying for their professional
				services on behalf of a client to exert undue influence over the therapists
				work performance and clinical judgment as it relates to that client.