New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 853 - CREDENTIALING OF ADDICTIONS PROFESSIONALS › Section 853.13 - Misconduct

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Canon
				of Ethics and Codes of Conduct.
Credentialed professionals must abide
				by the Canon of Ethical Principles or Professional Code and Ethical Standards
				applicable to their professions and any applicable credential designation and
				the Justice Center's Code of Conduct for Custodians.
(b)
Violations.
Any person
				applying for a credential, renewal or reinstatement or who holds a valid
				credential or designation issued by the Office and who engages in misconduct as
				described in this section or otherwise violates the applicable Canon of Ethical
				Principles and Misconduct and/or the Code of Conduct for Custodians of People
				with Special Needs may be subject to the penalties or other remedial actions
				prescribed in this Part.
(c)
Misconduct.
The following constitutes misconduct:
(1) obtaining the credential or designation
				fraudulently;
(2) practicing or
				providing services fraudulently, with gross incompetence, with gross negligence
				on a particular occasion or negligence or incompetence on more than one
				occasion, or otherwise acting contrary to the interests of a service
				recipient;
(3) practicing or
				providing services while under the influence of alcohol and/or other
				substances;
(4) violating any term
				or condition or limitation imposed by the Office on the credentialed
				professional;
(5) refusing to
				provide services to a person, individual, organization or community because of
				race, creed, color, gender, age, disability, national origin, sexual
				orientation, or socioeconomic status;
(6) being convicted of or committing an act
				constituting a crime under New York state law, federal law, or the law of
				another jurisdiction which, if committed within New York, would constitute a
				crime in this state;
(7) promoting
				the inappropriate sale of services, goods, property or drugs in such manner as
				to exploit a service recipient for the financial gain of the
				certified/credentialed professional or of a third party;
(8) directly or indirectly offering, giving,
				soliciting or receiving, or agreeing to receive, any fee, or other
				consideration to or from a third party for the referral of a service recipient
				in connection with the performance of addiction services;
(9) entering into a dual relationship with a
				service recipient or former service recipient that is outside the boundaries of
				professional conduct;
(10)
				initiating or pursuing a romantic, sexual or otherwise sexually exploitive
				relationship or committing sexual misconduct with a service recipient using
				romantic/sexual comments or touch, romantic/sexual contact in written,
				telephonic, or electronic format including but not limited to social media,
				text messaging, email, photos, videos or recordings of a romantic or sexual
				nature;
(11) engaging in any
				conduct which would constitute a "reportable incident" as such terms are
				defined in Part 836 of this Title;
(12) failure by the applicant or credentialed
				professional to notify the Office of any disciplinary action taken against him
				or her as the holder of any other license or certification issued by New York
				state or any other federal or state authority;
(13) professional misconduct as the holder of
				another license or credential;
(14)
				unlawful use of the title Credentialed Alcoholism and Substance Abuse
				Counselor, Credentialed Alcoholism and Substance Abuse Counselor Trainee,
				Credentialed Alcoholism and Substance Abuse Counselor Provisional, Credentialed
				Prevention Professional, Credentialed Prevention Specialist or Credentialed
				Problem Gambling Counselor, including use of such title if a credential is
				inactive, deactivated, suspended, expired or revoked, or is pending approval of
				reciprocity;
(15) no person shall
				use any of the following titles to engage in private practice unless otherwise
				authorized by law: Credentialed Alcoholism and Substance Abuse Counselor
				(CASAC), Credentialed Alcoholism and Substance Abuse Counselor Trainee (CASAC
				trainee), Credentialed Alcoholism and Substance Abuse Counselor Provisional,
				Credentialed Prevention Professional (CPP), Credentialed Prevention Specialist
				(CPS), or Credentialed Problem Gambling Counselor (CPGC);
(16) knowingly working outside of the scope
				of practice of the credential as applicable in the work setting.