Mississippi Administrative Code › Title 24 - Mental Health › Part 4 - DMH Addictions Therapist Standards & Requirements › 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 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 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 the Division of PLACE.
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 Addictions
				Therapist 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