Mississippi Administrative Code › Title 24 - Mental Health › Part 3 - Mississippi Department of Mental Health (DMH) Division of Professional Licensure and Certification (PLACE) Professional Credentialing Rules and Requirements › Chapter 19 - Complaints and Disciplinary Action › Rule 24-3-19.1 - Grounds for Disciplinary Action

Current through June 25, 2024
A. Individuals
				holding a DMH professional credential must conduct their activities and
				services in accordance with applicable federal and state laws, these Rules and
				Requirements, the DMH Principles of Ethical and Professional Conduct, the DMH
				Operational Standards for Mental Health, Intellectual/Developmental
				Disabilities, and Substance Use Disorders Community Service Providers, as
				applicable, and any other applicable rules/regulations.
B. DMH-credentialed individuals do not harass
				or seek retaliation against a colleague or employee who has acted in a
				responsible and ethical manner to expose inappropriate, unethical or
				discriminatory practices.
C. An
				individual holding a DMH professional credential may be subject to disciplinary
				action if the PLACE Review Board finds that he/she is guilty of violation of
				the DMH Principles of Ethical and Professional Conduct and/or any of the
				following corresponding "Grounds for Disciplinary Action" OR has knowledge of
				violation of the DMH Principles of Ethical and Professional Conduct and/or the
				following "Grounds for Disciplinary Action" and has not reported such to the
				Division of PLACE.
D. Grounds for
				disciplinary action include, but are not limited to:
1. Negligence or incompetence 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. Borrowing or accepting money or accepting
				gifts of monetary value from individuals receiving services, their family
				members, or other vulnerable persons; sexual (or other inappropriate contact)
				with individuals receiving services, their immediate family members or other
				vulnerable persons;
5. Physical,
				mental or emotional abuse of individuals receiving services, their family
				members or other vulnerable persons;
6. Obtaining a Department of Mental Health
				certificate/license or renewal certificate/license by fraud, deceit, material
				deception or other misrepresentation;
7. Assisting another individual in falsely
				obtaining a DMH professional credential;
8. Perpetrating or cooperating in fraud or
				material deception in obtaining or renewing professional credentialing or
				attempting the same;
9. 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, moral turpitude or
				dishonesty;
10. Commission of
				theft, embezzlement, fraud or other actions involving deception or deceit, or
				the commission of acts constituting a violation of laws regarding vulnerable
				persons, violent crimes or moral turpitude, whether or not the DMH-credentialed
				individual is criminally prosecuted and whether or not directed at individuals
				receiving services or the individuals' family members;
11. Exploiting individuals receiving
				services, their family members, or other vulnerable persons;
12. Failing to maintain proper professional
				and emotional boundaries with individuals receiving services or their family
				members;
13. Aiding, encouraging
				or inciting the performance of illegal acts;
14. Failure to report knowledge of unethical
				conduct or giving false statements during inquiries into such conduct;
15. Retaliation towards an
				individual who reports, in good faith, a perceived ethical violation,
				grievance, serious incident, and/or a concern with professional or policy
				noncompliance;
16. Action or
				inaction which indicates a clear failure to act in an ethical, moral, legal and
				professional manner;
17. Failure
				to report suspected or confirmed abuse or neglect of an individual receiving
				services in accordance with state reporting laws to include, but not limited
				to, the Vulnerable Persons Act and Child Abuse or Neglect Reporting
				requirements;
18. Being convicted
				of any crime which is a felony under federal or state law;
19. 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;
20.
				Treating any person differently or detrimentally because of race, color, creed,
				age, gender, religion, national origin, disability or political affiliation;
21. Engaging in false or
				misleading advertising;
22.
				Revealing confidential information except as may be required by law;
23. Breach of and/or misuse of confidential
				information;
24. Failing to
				maintain case records in a secure and confidential manner, as required by
				applicable federal and state laws, institutional and programmatic requirements
				and in accordance with these Rules and Requirements and the DMH Operational
				Standards for Mental Health, Intellectual/Developmental Disabilities, and
				Substance Use Disorders Community Service Providers, as applicable;
25. Failing to inform an individual receiving
				services of the fact that the individual no longer needs the services of the
				credentialed individual;
26.
				Failing to comply with the DMH Principles of Ethical and Professional Conduct
				with regards to dual or multiple relationships in a manner which could increase
				the risk of exploitation, impair professional judgement, and/or bring harm to
				an individual receiving services;
27. Exploiting professional relationships for
				personal gain;
28. Performing
				services for compensation or representing oneself as a DMH-credentialed
				professional while holding a certificate/license in Defaulted, Lapsed,
				Relinquished, Suspended, Surrendered, or Revoked Status;
29. Attempting to utilize the
				certificate/license issued by the Department of Mental Health for private
				practice or for services outside the scope of practice;
30. Purposeful misrepresentation of an
				individual's professional credentials and/or purposeful misrepresentation of
				credentials held by others;
31.
				Continuing to engage in service provision while suffering a professional
				impairment which renders the individual unable to provide services in a
				competent manner;
32. Engaging in
				conduct considered by the Review Board to be detrimental to the profession;
				and/or,
33. Engaging in any
				conduct considered by the Review Board to be in violation of the DMH Principles
				of Ethical and Professional Conduct.
34. Revocation by any professional
				credentialing body may result in disciplinary action and/or revocation of a DMH
				professional credential. It is the DMH-credentialed individual's responsibility
				to inform DMH of any previous or pending disciplinary action against him/her by
				any professional credentialing body or association. DMH-credentialed
				individuals who have had any past or currently held professional credential
				suspended, placed on probation, revoked, or otherwise be the subject of any
				disciplinary action, must promptly notify the DMH Division of PLACE.