Grounds for Disciplinary Action

Grounds for Disciplinary Action 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 Mississippi Department of Mental Health Operational Standards for Mental Health, Intellectual/Developmental Disabilities, and Substance Use 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 Mississippi Department of Mental Health Operational Standards for Mental Health, Intellectual/Developmental Disabilities, and Substance Use 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 appropriate DMH division (i.e., the Division of Professional Licensure and Certification or the Division of Peer Recovery and Support).