Mississippi Administrative Code › Title 24 - Mental Health › Part 4 - DMH Addictions Therapist Standards & Requirements › Chapter Nine - Professional Responsibilities

Current through June 25, 2024
SCOPE OF PRACTICE
* DMH professional credentials are valid only in Mississippi's
				"state mental health system." DMH Addictions Therapists may only
use the title
if actively employed in the state mental
				health system
(or in Inactive Status).
* DMH Addictions Therapists are certified to provide (or
				supervise the provision of) alcohol and other drug abuse treatment services
				(involving application of the principles, methods and procedures of alcohol and
				other drug abuse treatment service provision) within Mississippi's state mental
				health system.
* The principles, methods and procedures of alcohol and other
				drug abuse treatment services that are provided by DMH Addictions Therapists
				must be in compliance with the
DMH Operational Standards for Mental
				Health, Intellectual/Developmental Disabilities, and Substance Abuse Community
				Service Providers.
* DMH Addictions Therapists should only practice within the
				boundaries of their education, training, professional experience, and
				credential(s) held.
* This certification does not qualify an individual to provide
				services outside this scope of practice or in private practice. Practicing
				beyond the scope of practice may lead to sanctions as described in Chapter
				10.
* A person issued a certificate by the Department of Mental
				Health may use the title appropriate to his/her category of professional
				certification while in the employ of a state mental health system program
(or while in Inactive Status).
*
Professional identification is directly affected
				by employment
.
DMH-credentialed individuals who experience a
				change in or separation from state mental health system employment are expected
				to follow the relevant guidelines below.
REPORTING CHANGES IN VITAL INFORMATION
Credentialed individuals are required to notify the Division
within 14 working days
of a change in legal name,
				address or employment.
Name Change
Each credentialed individual should ensure that his/her current
				wall certificate bears his/her current legal name. An individual whose legal
				name has changed is expected to request a new certificate reflecting the new
				name. Once the new certificate is generated, the previous certificate is
				invalid.
To request a name change, the individual should submit a
				written/email request for a name change, along with a
copy
of legal documentation of the name change. The
				request should indicate the new name as it should appear on the replacement
				certificate. Name changes reported at the time of an
upgrade
application
do not
have to be accompanied by a request or copy of the legal documentation; this
				exemption
does not
apply to
renewal
applications.
Only individuals in good standing who are currently employed in
				the state mental health system
(or in Inactive Status)
may
				request a replacement certificate.
Address Change
An individual whose email address, mailing address and/or
				telephone number has changed is expected to contact the Division with the new
				information.
Employment Change
Upon separation of the credentialed
				individual from state mental health system employment
,
the
				individual's DMH professional credential will become null and void
unless
he/she provides notification of reemployment in
				the state mental health system or requests and receives an appropriate
				credential status change according to the procedures established by the
				Division, as covered in the "Separation From State Mental Health System
				Employment" section below.
Notification of a change in
place
of employment
(not job
				title)
must be submitted in writing/email to the Division of PLACE by
				either the credentialed individual
OR
the
				place of employment from which the credentialed individual is
				separating.
An individual who is either leaving state mental health system
				employment or changing to a new state mental health system program should
				follow the requirements under "Separation From State Mental Health System
				Employment" below.
SEPARATION FROM STATE MENTAL HEALTH SYSTEM
				EMPLOYMENT
It is the credentialed individual's responsibility to
				keep track of his/her employment situation (and the potential for notification
				of separation of employment via the separating employer),
				accordingly.
Once the Division receives written/email notification of
				separation from employment (as outlined above), the Division will allow the
				individual a period of
up to 45 calendar days from the date
				of notification
to pursue one of the following
				options:
1)
If the
			 individual has become employed with a new "state mental health system"
			 program
, the individual should update his/her employment
			 information with the Division by submitting a new Verification of Employment
			 Form from the new place of employment.
2)
If the individual IS NO LONGER
			 EMPLOYED in the "state mental heath system,"
the individual may
			 request with the Division a status change for his/her credential.
Status change options include
:
* Request Relinquished Status (available to provisional and
				full certification);
* Request Extended Status (available only to provisional
				certification);
* Request Inactive Status (available only to full
				certification); and,
* Request Retired Status (available only to full
				certification).
More information on credentialing statuses and how to
				obtain a status change is listed under the "Credential Status Change Requests,
				" "Provisional Certification Status Categories " and "Full Certification Status
				Categories " sections below.
During this 45-day period, unless employed in a state mental
				health system program and in good standing, individuals in this situation are
				not allowed to practice.
At the end of the 45-day period, if no appropriate action is
				taken by the credentialed individual to either: 1) update his/her employment or
				2) request an appropriate status change, the credential will expire and be
				changed to either Lapsed or Defaulted Status, as appropriate;
this is an automatic process - no notification by the
				Division will be made
.
Lapsed and Defaulted Status mean the
				credential is expired, and the individual no longer holds the
				credential.
Status change requests
initiated by the
				credentialed individual
are subject to Review Board
				approval.
If a DMH-credentialed individual has a question about what to
				do if he/she has left state mental health system employment, the individual
				should contact the Division for assistance at the earliest indication of such
				separation,
DMH-credentialed individuals must be aware that notification of
				separation of employment may come from either the separating employer OR the
				credentialed individual. The Division
does
				not
notify a certified individual when a separating
				employer has made this notification.
The certified individual is held to
				the 45-day time frame, regardless of whether the notification of employment
				separation came from the certified individual or the separating
				employer.
CREDENTIAL STATUS CHANGE REQUESTS
Credentialed individuals needing to make a status change
				request should submit the request in writing (or via email) to the Division of
				PLACE, along with any pertinent supporting information. Applicable
				credentialing timelines must be met. Individuals needing assistance regarding
				status change requests should contact the Division for assistance.
Status
				change requests
initiated by the credentialed
				individual
are subject to Division of PLACE and/or Review Board
				approval.
The Division/Review Board reserves the right to deny any
				submitted status change request.
PROVISIONAL
CERTIFICATION STATUS
				CATEGORIES
The following status categories are applicable to
				individuals holding the DMH
Provisionally Certified Addictions
				Therapist credential (PCAT)
.
Current Status
An individual holding provisional certification which is in
				good standing (including timely submission of all forms, fees, changes of
				information, etc.) and without sanctions will be considered to be in Current
				Status.
An individual whose credential is in Current Status is able to
				practice within the scope of practice of this credentialing program and the
				ethical standards/principles.
In order to maintain Current Status, a PCAT is expected to
				notify the Division in writing (or via email)
within 14
				working days
of a change in vital information such as name,
				address, employment, etc.
The name of a person whose credential is in Current Status will
				appear on any list produced by the Division if he/she is Current at the time
				the list is produced.
Extended Status
Extended Status - General
				Information:
* In rare and extenuating circumstances, the Division of
				PLACE/Review Board may grant a PCAT Extended Status on his/her provisional
				certification.
* Extended Status will only be granted to a PCAT who is in
				good standing at the time of the request.
* To obtain an extension, the individual should submit a
				written/email request to the Division of PLACE. The Division will subsequently
				review the request and/or present the request to the Review Board. In the
				request, the PCAT should specifically request Extended Status, provide an
				explanation as to why the extension is needed and indicate a specific time
				period for the extension. Any documentation which supports the request should
				also be submitted. The Division and/or the Review Board may verify the
				circumstances surrounding the request.
* An individual on Extended Status is expected to comply with
				the terms of the extension as granted by the Division and/or Review Board.
				Failure to do so may result in Defaulted Status.
* The
maximum
allowable time frame
				for which an
extension
may be granted is
up to six months
(at the discretion of, and
				subject to the approval of, the PLACE Review Board).
* If a PCAT is approved for Extended Status,
he/she will only be allowed one (1) extension
.
Second or subsequent Extended Status requests will not
				considered.
Extended Status - Individual needs more time to
				upgrade
:
* Due to extenuating circumstances, the Division of
				PLACE/Review Board may grant Extended Status to an individual who is unable to
				complete all requirements to upgrade to full certification within the required
				two year (24 consecutive months) time limit. An extension is intended to allow
				a PCAT additional time to complete the upgrade requirements. An individual
				granted Extended Status who is currently employed in the state mental health
				system is allowed to practice as a PCAT and is expected to complete all
				requirements of provisional certification by the approved deadline for the
				extension.
Extended Status - Individual has left State Mental
				Health System Employment
:
* The Division of PLACE/Review Board may also grant Extended
				Status to a PCAT who has temporarily left employment in a state mental health
				system program. An individual granted an extension due to having left state
				mental health system employment may neither practice as a PCAT nor register for
				any DMH Addictions Therapist certification activities for upgrade. An
				individual on Extended Status for this reason would need to submit a
				written/email request to return to Current Status, along with a new
				Verification of Employment Form from the new place of employment.
* Upon returning to Current Status, the individual will again
				be allowed to practice as a PCAT and will be able to register for and
				participate in any DMH Addictions Therapist certification activities required
				for upgrade. An individual who was previously in Extended Status and who has
				been returned to Current Status is expected to complete all requirements of
				provisional certification by the approved extension deadline.
Defaulted Status
Defaulted Status means the individual's provisional credential
				has expired and is no longer valid. A PCAT may default for the following
				reasons including, but not limited to:
* Failure to complete all upgrade requirements by the end of
				the two-year, 24 consecutive month Provisional Certification Period;
* Failure to submit an upgrade application so that it is
received
by the Division within established
				timelines;
* Failure to submit a request for Extended Status, or other
				status change request, so that it is
received
within
				established timelines;
* The Division and/or Review Board's determination of failure
				to submit a satisfactory request for Extended (or other) Status;
* Failure to comply with the terms of an extension granted by
				the Division or the Review Board; and/or,
* Separation from employment in the state mental health system
				without appropriate change in status category.
Upon defaulting from the DMH Addictions Therapist certification
				program, the individual immediately ceases to hold provisional certification
				(PCAT),
Defaulting from the program immediately overrides any other
				status category held by a provisionally-certified individual.
To return to Current Status, an individual in Defaulted Status
				would be required to repeat the application process meeting all current
				requirements, including any specific requirements determined necessary by the
				Division of PLACE and/or the Review Board.
Except in extremely rare and extenuating circumstances, as
				determined on a case-by-case basis by the Division of PLACE and/or the Review
				Board, a PCAT who has defaulted twice
will not
be
				allowed to reapply for this credentialing program a third time.
Relinquished
				Status
A provisionally-certified individual who determines that he/she
				no longer needs/wants to hold and maintain professional certification may
				submit a written/email request to the Division of PLACE requesting Relinquished
				Status. The Division will subsequently review the request and/or present the
				request to the Review Board. The Division and/or Review Board may verify the
				circumstances surrounding the request. Once approved for Relinquished Status,
				the individual no longer holds the credential. The individual's certificate is
				null and void.
To return to Current Status, a
provisiona
l individual in Relinquished Status would be
				required to repeat the application process, meeting all current requirements,
				including any specific requirements determined necessary by the Division of
				PLACE and/or the Review Board.
FULL
CERTIFICATION STATUS
				CATEGORIES
The following status categories are applicable to
				individuals holding full certification as a DMH
Certified
				Addictions Therapist (CAT)
.
Current Status
An individual holding certification which is in good standing
				(including timely submission of all forms, fees, changes of information, etc.)
				and without sanctions will be considered to be in Current Status.
An individual whose credential is in Current Status is able to
				practice within the scope of practice of this credentialing program and the
				ethical standards/principles.
In order to maintain Current Status, a CAT is expected to
				notify the Division in writing (or via email)
within 14 workinR
				days
of a change in vital information such as name, address,
				employment, etc.
The name of a person whose credential is in Current Status will
				appear on any list produced by the Division if he/she is Current at the time
				the list is produced.
Inactive Status
The Division of PLACE/Review Board may grant Inactive Status to
				a fully-certified individual who is leaving employment in the state mental
				health system and wishes to maintain the credential.
Inactive Status will only be granted to a fully-certified
				individual who is in good standing (Current Status) at the time of the
				request.
In order to pursue Inactive Status, the certified individual
				must submit a written/email request to the Division of PLACE. The Division will
				subsequently review the request and/or present the request to the Review Board.
				In the request, the fully-certified individual should request Inactive Status,
				provide an explanation as to why the status change is needed and indicate a
				specific time period for the inactivity. Documentation which supports the
				request may be submitted along with the request. The Division and/or the Review
				Board may verify the circumstances surrounding the request.
Individuals granted Inactive Status must meet
				renewal requirements
,
including payment of required fees
				and completion of required continuing education requirements. Otherwise, the
				certified individual's credential will lapse.
An individual in Inactive Status is allowed to continue to use
				the professional title behind his/her name, but is not allowed to
				practice.
A person in Inactive Status may be returned to Current Status
				upon submission of a written/email request, along with an appropriate
				Verification of Employment Form reflecting current employment within the state
				mental health system.
Lapsed Status
Lapsed Status means the fully-certified individual's credential
				has expired and is no longer valid. A fully-certified individual's credential
				may lapse for any of the following reasons, including but not limited
				to:
* Failure to renew professional certification according to
				established timelines;
* Failure to make a special request, according to established
				timelines and obtain an appropriate certification status;
* The Division or Review Board's determination of failure to
				submit a satisfactory request for a status change;
* Failure to comply with the terms of the status change
				request granted by the Division or the Review Board; and/or,
* Separation from state mental health system employment
				without appropriate status change.
Lapsing from the program immediately overrides any other status
				category held by a fully-certified individual. Upon lapsing, the individual
				immediately ceases to hold certification.
Retired Status
The Division of PLACE and/or the Review Board may grant Retired
				Status to an individual who has retired and is no longer employed in the state
				mental health system. Retired status is intended for individuals who have
				ceased working because they have either reached the age of retirement or have
				accumulated the number of work years to retire.
In order to pursue Retired Status, the individual (upon
				retirement) must submit a written/email request to the Division of PLACE. The
				Division will subsequently review the request and/or present the request to the
				Review Board. In the request, the individual should request Retired Status and
				indicate the date of retirement. The Division and/or Review Board may verify
				the circumstances surrounding the request. The individual granted Retired
				Status is no longer required to meet renewal requirements/fees and is permitted
				to keep his/her certificate.
Relinquished
				Status
A fully-certified individual who determines that he/she no
				longer needs/wants to hold and maintain professional certification may submit a
				written/email request to the Division of PLACE requesting Relinquished Status.
				The Division will subsequently review the request and/or present the request to
				the Review Board. The Division and/or Review Board may verify the circumstances
				surrounding the request. Once approved for Relinquished Status, the individual
				no longer holds the credential. The individual's certificate is null and
				void.
CERTIFICATION REINSTATEMENT
A DMH Addictions Therapist whose
full
				certification
has expired
within the past three
				years
, as determined by the Division's records (Relinquished,
				Retired or Lapsed Status)
and who expired in good
				standing
, may be eligible to reactivate his/her
				certification.
Reinstatement of certification is determined on a
				case-by-case basis, at the discretion of the Division and/or the Review
				Board
. Individuals desiring reinstatement should submit a
				written/email request for reinstatement to the Division. The Division will
				subsequently review the request and/or present the request to the Review Board.
				Along with the request, the individual must submit a Verification of Employment
				Form which documents current state mental health system employment.
If the request for reinstatement is subsequently
				approved
, the individual must then submit (by a prescribed
				deadline) the following fees/documentation to the Division
in order
				to finalize reinstatement
: 1) reinstatement fee; 2) past renewal
				fees (including late charges), as determined by the Division or Review Board;
				and, 3) acceptable documentation of continuing education credit, as determined
				by the Division or Review Board.
Individuals interested in reinstatement should contact the
				Division for additional information. Fees are subject to change.
Reinstatement is not available to
provisionally-certified
individuals,
During a renewal year
, an
				individual desiring reinstatement must wait six months before applying for
				reinstatement.
Beyond three years, post-expiration, total reapplication is
				required.
CREDENTIAL VERIFICATION & REPORTING
Upon request, the Division may report specific information
				about DMH-credentialed individuals. The fields of information which may be
				shared with individuals making inquiry are:
* Name;
* Type of certification;
* Certificate number;
* Date of issuance;
* Date of expiration;
* Credential status; and,
* Whether or not formal disciplinary action has been taken
				against the individual.
During renewal season, the Division reserves the right
				to hold such verification requests until all credentialing records are
				up-to-date, post renewal.
The Division
does not
provide
application
submission/status verifications.
The Division
does not
provide
				verifications that a provisional applicant has met his/her upgrade application
				deadline.
The Division reserves the right to deny any credential
				verification request.
DMH PRINCIPLES OF ETHICAL AND PROFESSIONAL
				CONDUCT
All applicants, Provisionally Certified Addictions Therapists
				and Certified Addictions Therapists shall comply with ethical
				standards/principles as established by the PLACE Review Board and the
				Department of Mental Health.
A.
			 Introduction
The State Legislature granted Statutory Authority for
				Mississippi Department of Mental Health certification/licensure programs in
				1996. As a result, the Division of Professional Licensure and Certification was
				created to develop and implement the programs. Having been amended by the State
				Legislature in 1997, Section
				41-4-7
				of the
Mississippi Code of 1972, Annotated
currently includes
				a provision authorizing the State Board of Mental Health to certify/license
				case managers, mental health therapists, mental retardation [IDD] therapists,
				mental health/retardation [HDD] administrators, addiction counselors and others
				as deemed appropriate by the State Board of Mental Health. The Mississippi
				Department of Mental Health (DMH) Division of Professional Licensure and
				Certification (PLACE) Review Board serves as the governing body for the
				everyday professional conduct of DMH-credentialed individuals. Individuals
				credentialed through the DMH may identify with different professional
				associations and are often certified by other groups with promulgated codes of
				ethics.
The safety, health, welfare and best interest of the
				individuals and families receiving services, and the public at large, are the
				primary guiding principles for appropriate professional conduct of all
				individuals holding a DMH professional certification. Individuals holding a DMH
				professional certification should adhere to all parts of the
DMH
				Principles of Ethical and Professional Conduct
listed below.
Applicable federal and state laws, the principles, program
				policies and any other pertinent rules must be observed when conducting
				business as a DMH-credentialed professional. Alleged violations of the
				principles may be subject to disciplinary action if the Review Board finds that
				a person is guilty of any violation of the principles. Information on
				disciplinary action is covered in Chapter 10.
The
DMH Principles of Ethical and Professional
				Conduct
herein referred to as "the principles," provide a minimal
				ethical standard for the professional behavior of all individuals credentialed
				through DMH. The principles provide a level of expectation for ethical practice
				from all who hold a DMH credential. In addition, the principles provide an
				enforceable standard for all DMH-credentialed individuals and facilitate an
				avenue for recourse in case of a perceived ethical violation. While the
				principles cannot guarantee ethical practice by all DMH-credentialed
				individuals or resolve all issues, the intent of the principles is to provide
				guidelines for individuals who, in good faith, seek to make reliable ethical
				judgments. Six
general
principles of ethical and
				professional conduct follow.
B. Principle I: Competence
1) Individuals holding a current credential
			 from the Mississippi Department of Mental Health (DMH) must be employed by a
			 program that receives funding from or is certified or operated by the
			 DMH.
2) Individuals who hold a DMH
			 professional credential must notify the Division of Professional Licensure and
			 Certification upon any change affecting credential status, especially a change
			 in employment.
3) Individuals
			 holding a DMH professional credential must represent themselves as competent
only within
the boundaries of their education,
			 training, license, certification, supervised experience or other relevant
			 professional experience,
4)
			 Individuals holding a DMH professional credential must provide services
only within
the boundaries of their education,
			 training, license, certification, supervised experience or other relevant
			 professional experience. Services provided must be based on the most current
			 information and knowledge available within the scope of services of the
			 DMH.
5) Individuals who hold
			 another professional credential shall abide by all principles contained
			 herein.
6) The principles do not
			 alleviate the individual's responsibility to other ethical, programmatic or
			 professional guidelines. Rather, the principles must be adhered to in
addition to
other applicable ethical, programmatic and
			 professional criteria.
7)
			 Individuals holding a DMH professional credential must comply with all
applicable
sections of the
DMH Operational
			 Standards for Mental Health, Intellectual/Developmental Disabilities, and
			 Substance Abuse Community Service Providers,
as appropriate
			 (including, but not limited to, the
Operational Standards'
sections pertaining to confidentiality and the rights of individuals receiving
			 services).
C. Principle
			 II: Confidentiality
1) Individuals holding a
			 credential from DMH have an obligation to respect the confidentiality rights of
			 the individuals with whom they work and must take reasonable precautions to
			 preserve confidentiality.
2)
			 Members of a treatment team or those collaborating on the care of an individual
			 shall maintain confidentiality within the parameters of the treatment
			 setting.
3) Confidential
			 information may only be disclosed with appropriate valid consent from the
			 individual receiving services or a person legally authorized to consent on
			 behalf of the individual.
4) All
			 information collected for the purpose of service delivery must be kept
			 confidential and released only when authorized by redisclosure consent or state
			 (or federal) law.
5) Individuals
			 involved in family, couples, marital or group counseling must be informed of
			 their individual right to confidentiality.
6) DMH-credentialed individuals must preserve
			 the confidentiality of information shared by others, as well as agency policy
			 concerning the disclosure of confidential information and must explain such
			 policy to the individual receiving services.
7) When consulting with colleagues,
			 DMH-credentialed individuals do not share confidential information that could
			 lead to the identification of an individual who is receiving services with whom
			 they have a confidential relationship unless they have obtained the prior
			 consent of the person. Information may only be shared to the extent necessary
			 to achieve the purposes of consultation.
8) Permission for the use of electronic
			 recording of interviews must be secured, prior to the interview, from the
			 individual receiving services or a person legally authorized to consent on
			 behalf of the individual receiving services.
9) Confidentiality may be waived if
			 disclosure is necessary to prevent serious, foreseeable, and imminent harm to
			 oneself or other identifiable person or when laws or regulations require
			 disclosure without an individual's consent.
10) The confidentiality privilege for the
			 individual receiving services is waived if the individual brings charges
			 against a DMH-credentialed individual.
11) Confidentiality may be waived in
			 compliance with appropriate statutes.
12) In all instances, individuals who hold a
			 credential from the DMH should disclose the least amount of confidential
			 information necessary to achieve the desired purpose.
D. Principle III: Respect for People's Rights
			 and Dignity
1) Individuals who hold a
			 credential from DMH have a primary responsibility to the individual to whom
			 they provide services. The respect of the fundamental rights, dignity and worth
			 of all people is of the utmost importance.
2) DMH-credentialed individuals must be aware
			 of and accept the cultural, individual and role differences that occur in the
			 service delivery environment.
3)
			 DMH-credentialed individuals do not discriminate against any individual because
			 of race, color, creed, gender, religion, national origin, age, disability or
			 political affiliation.
4)
			 DMH-credentialed individuals actively work to eliminate the effect of bias on
			 service provision, and they do not knowingly participate in or condone
			 discriminatory practices.
5)
			 Individuals holding a DMH credential who witness or have knowledge of unethical
			 or discriminatory practices of other individuals who hold a DMH credential are
			 obligated to report such practices to the Division of Professional Licensure
			 and Certification.
6)
			 DMH-credentialed individuals must be respectful of and responsive to
			 individuals with cultural needs.
7)
			 DMH-credentialed individuals must practice appropriate, relevant and sensitive
			 interventions which enable effective work in cross-cultural
			 situations.
8) DMH-credentialed
			 individuals must maintain a fundamental respect for the beliefs, customs,
			 institutions and ethnic heritages of all individuals served.
E. Principle IV: Reporting Abuse
DMH-credentialed individuals must meet reporting requirements
				as outlined by the Vulnerable Adults Act and the child abuse reporting
				statutes.
F. Principle V:
			 Sexual Harassment/Misconduct
Sexual harassment/misconduct is considered to be any unwelcome
				solicitation, physical advance or verbal or nonverbal conduct that is sexual in
				nature. Sexual harassment/misconduct can consist of a single onerous act or
				multiple persistent or pervasive acts.
1) Individuals who hold a credential from DMH
			 will not knowingly engage in behavior that is sexually harassing or demeaning
			 to persons with whom they interact within the service delivery
			 environment.
2) Any behavior that
			 could be construed as sexual harassment during the DMH-credentialed
			 individual's function of providing services for a program that is
			 funded/certified/administered through the DMH, shall be subject to disciplinary
			 action.
G. Principle VI:
			 Drug Free Workplace
The Department of Mental Health adopted written policy in
				Section
				71-7-1
				through
				71-7-31
				of the
Mississippi Code of 1972, Annotated
which outlines
				state policy regarding a Drug Free Workplace. Programs
				funded/certified/administered and individuals who hold a credential through the
				Mississippi Department of Mental Health will be expected to abide by this
				provision.