Mississippi Ethical Standards of Certified Addiction Professionals
The Mississippi Association of Addiction Professionals comprises Certified Professionals who, as responsible healthcare professionals, believe in human dignity and worth. They assert that the ethical principles of autonomy, beneficence, and justice should guide their professional conduct. Certified Professionals dedicate themselves to promoting the best interests of their society, clients, profession, and colleagues.
The following codes of ethics set forth the minimum standards of behavior that all Certified Professionals are expected to honor. As a testament to their dedication, applicants must confirm their commitment by signing and returning an affirmation clause as part of their initial application and upon each subsequent recertification application.
Principle 1: Responsibility to Clients
Certified professionals should value objectivity and integrity in their commitment to advancing the welfare of individuals and their families. They should accept the consequences of their work and make every effort to ensure that their services are used appropriately.
A. Certified Professionals should not discriminate against or refuse professional services to anyone based on age, race, religion, national origin, disability, gender, or sexual orientation.
B. Certified Professionals should avoid exploiting their clients' trust and dependency and avoid dual relationships with clients that would impair professional judgment or increase the risk of exploitation. Examples of such dual relationships include but are not limited to, business or sexual relationships with clients.
C. Certified professionals should not use their professional relationships with clients to further their interests.
D. Certified Professionals should continue therapeutic relationships only as long as it is reasonably clear that clients benefit from them. They should assist clients in obtaining other therapeutic services if they are unable or unwilling, for appropriate reasons, to see a person who has requested professional help. They should not abandon or neglect clients in treatment without making reasonable arrangements to continue such treatment.
Principle 2: Confidentiality
Certified Professionals must respect the confidentiality of client information. They should reveal information to others only with the person's written consent or the person's legal representative, except in unusual circumstances in which not doing so would result in clear danger to the person or others. Where appropriate, Certified Professionals should inform clients of the legal limits of confidentiality.
A. Certified Professionals should not disclose client confidences to anyone except (1) as mandated by law; (2) to prevent a clear and immediate danger to a person or persons; (3) where the Certified Professional is a defendant in a civil, criminal or disciplinary action arising from the therapy (in which case client confidences may only be disclosed in the course of the action); or (4) if there is a waiver previously obtained in writing, and then such information may only be revealed per the terms of the waiver.
B. Certified Professionals should use clinical materials in teaching, writing, and public presentations only if a written waiver has been received or when appropriate steps have been taken to protect client identity.
C. Certified Professionals should store or dispose of client records in ways that maintain confidentiality.
Principle 3: Professional Competence and Integrity
All certified professionals are responsible for maintaining high professional competence and integrity standards. They should recognize the boundaries of competence and the limitations of techniques and only provide services, use techniques, or offer opinions as professionals meeting recognized standards. Throughout their careers, Certified Professionals should maintain knowledge of professional information related to their services.
A. Certified Professionals should accurately represent their competence, education, training, and experience.
B. Certified Professionals, as supervisors, should perform duties based on careful preparation to ensure accurate, up-to-date, and scholarly supervision.
C. Certified Professionals should recognize the need for and obligation to professional growth through continuing education. They should also be open to new procedures, sensitive to differences between groups of people, and able to adapt to changes in expectations and values over time.
D. Certified Professionals should understand counseling or educational measurement, validation problems, and other test research. They are responsible for decisions involving individuals or policies based on test results. Test users should know and understand the literature relevant to their tests and their testing problems.
E. Certified Professionals should not attempt to diagnose, treat, or advise problems outside the recognized boundaries of their competence.
F. Certified Professionals should seek appropriate professional assistance for personal problems or conflicts likely to impair their work performance and clinical judgment.
G. Certified Professionals should not engage in sexual or other harassment of clients, students, employees, supervisors, trainees, or colleagues.
H. Certified Professionals should be aware that because they can influence and alter the lives of others, they must exercise special care when making their professional recommendations and opinions public through testimony or other public statements.
Principle 4: Professional Behavior
Due to the unique scope of practice that Certified Professionals provide, Certified Professionals shall be responsible for personal and professional conduct with particular attention to the use of alcohol and other mood-altering drugs and issues of emotional, physical, and sexual abuse. Certified Professionals must monitor the following behaviors of themselves, their colleagues, and their staff:
A. Conviction for the possession or use of any illegal drug, narcotic or mood-altering substance.
B. The use of intoxicants and/or non-physician-prescribed and monitored mood-altering substances when engaged in professional pursuits.
C. Conduct intimate, personal, and/or business relationships with patients or their families. This applies to all clients. A Certified Professional should consult an objective peer when this issue is raised.
D. Certified professionals respect the dignity and protect the welfare of research participants. They are aware of federal and state laws, regulations, and professional standards governing the conduct of research, including informed consent.
E. Certified Professionals make understandable financial arrangements with clients, third-party payers, and supervisees that conform to accepted professional practices. Certified Professionals do not offer or accept payment for referrals. Certified Professionals will disclose their fees to clients and supervisees at the beginning of services and represent facts truthfully to clients, third-party payers, and supervisees regarding services rendered.
F. Certified Professionals accurately represent the competence, education, training, and experience relevant to their practice as a Certified Professional. A Certified Professional assures that advertisements and publications in any media (such as directories, announcements, business cards, newspapers, radio, television, and facsimiles) convey information necessary for the public to select professional services appropriately.
G. A Certified Professional violates this code if they:
H. Are convicted of any felony
I. Engage in conduct that could lead to conviction of a felony or misdemeanor or are convicted of a misdemeanor related to their qualifications or function.
J. Are expelled from or disciplined by other professional organizations
K. Have their certification suspended, revoked, or otherwise disciplined by regulatory bodies
L. Refuse to seek treatment for alcohol/drug abuse, mental/emotional problems, or physical health problems that interfere with professional functioning
M. Failure to cooperate at any point of an ethical complaint investigation.
Principle 5: Responsibility to Students, Employees, and Supervisees
Certified Professionals should not exploit the trust and dependency of students, employees, and supervisees.
A. Certified Professionals should be cognizant of their potentially influential position regarding students, employees, and supervisees and avoid exploiting their trust and dependency. They should also make every effort to avoid dual relationships that could impair professional judgment or increase the risk of exploitation.
B. Certified Professionals should only permit students, employees, or supervisees to perform professional services within their training, level of experience, and competence or to represent themselves as competent to perform such services.
Principle 6: Responsibility to the Profession
Certified Professionals should act with due regard to the needs and feelings of their colleagues in addictions and other professions. They should also respect the prerogatives and obligations of the institutions or organizations with which they are associated.
A. Certified Professionals should understand the areas of competence of related professions and fully utilize other professional, technical, and administrative resources that best serve clients' interests.
B. Certified professionals should remain accountable for the profession's standards when acting as members or employees of organizations.
C. Certified Professionals as writers and researchers should: (1) assign publication credit to those who have contributed to a publication in proportion to their contributions; (2) cite appropriately reasonable precautions to ensure that the materials are accurately and factually promoted and advertised; and (4) be adequately informed of and abide by relevant laws and regulations regarding the conduct of research with human participants.
D. Certified Professionals should recognize a responsibility to participate in activities that contribute to a better community and society. This includes devoting a portion of their professional activity to services for which there is little or no financial return.
E. Certified professionals should be concerned with developing laws and regulations in the field of addiction that serve the public interest and with altering those that do not. They should also encourage public participation in the design and delivery of services and the regulation of practitioners.
F. Certified professionals who have experienced an ethical violation firsthand should attempt to rectify the situation but need help finding an informal solution. They should also bring such unethical activities to the Certification Board.
Principle 7: Fees
Certified Professionals should charge fees only where they are licensed. In such cases, they should make financial arrangements with clients that conform to accepted professional practices and are reasonably understandable.
A. Certified Professionals should not offer or accept payment for referrals.
B. Certified Professionals should not charge excessive fees for services.
C. Certified Professionals should disclose their fee structure to clients at the onset of treatment.
Principle 8: Advertising
Certified Professionals should engage in appropriate informational activities, including those that enable lay persons to choose professionals on an informed basis.
A. Certified professionals should accurately represent the competence, education, training, and experience relevant to their practice as addiction professionals.
B. Certified Professionals should claim as evidence of educational qualifications only degrees from regionally accredited institutions or institutions accredited by states that license or certify addiction professionals.
C. Certified Professionals should refrain from using a name that could mislead the public concerning the identity, responsibility, source, and status of those practicing under that name, and they should only represent themselves as partners or associates of a firm if they are.
D. Certified Professionals should ensure that advertisements and publications, whether in directories, announcement cards, newspapers, radio, or television, are formulated to convey information necessary for the public to make an appropriate selection.
E. Certified Professionals should not use professional identification (such as an experienced card, office sign, letterhead, or telephone or association directory listing) if it includes a false, fraudulent, misleading, or deceptive statement or claim.
F. Certified Professionals should correct, wherever possible, false, misleading, or inaccurate information and representations made by others concerning the addiction professionals' qualifications, services, or products.
Principle 9: Responsibility to the Board
A Certified Professional shall cooperate in any investigation conducted under this code of ethical conduct and shall not interfere with an investigation or a disciplinary proceeding or attempt to prevent a disciplinary proceeding or other legal action from being filed, prosecuted, or completed. Interference attempts may include but are not limited to:
A. The willful misrepresentation of facts before the disciplining authority or its authorized representative;
B. The use of threats or harassment against, or an inducement to, any person to prevent or attempt to prevent a disciplinary proceeding or other legal action from being filed, prosecuted, or completed;
C. Refusing to accept and/or respond to a letter of complaint, allowing a credential to lapse while an ethics complaint is pending, or attempting to resign a credential while an ethics complaint is pending. Violating this rule under these circumstances will result in the immediate and indefinite suspension of the Certified Professional’s credential until the ethical complaint is resolved.
D. Filing a complaint or providing information to the Board that they know or should have known is false or misleading.
Principle 10: Suspension/Revocation of Certification
Certification may be denied, suspended, or revoked by the Certification Board by independent action or upon recommendation of the Board of Directors of MAAP upon the presentation to the Certification Board of evidence satisfactorily documenting violation of the Ethical Standards of Certified Professionals. The Board is authorized to refuse to grant or renew, or may suspend a certificate on the following grounds:
A. Conviction of a felony under the laws of the United States;
B. Conviction of any crime, an essential element of which is dishonesty, deceit, or fraud;
C. Fraud or deceit in obtaining a credential as a Certified Professional;
D. Dishonesty, fraud, or gross negligence in the practice of a Certified Professional; or
E. Violation of any rule of professional ethics and professional conduct adopted by MAAP or its agents.
GRIEVANCE AND APPEALS
If an applicant is denied certification, questions the results of the application and portfolio review, questions examination results, or is subject to an action by MAAP or its agents that is deemed unjustified, the application has the right to an inquiry and appeals process.
A. Inquiry: If an applicant (complainant) deems that an action taken by MAAP or its agents is unjustified (e.g., denial of certification), he/she is entitled to a written summary from MAAP or its agents that explains the reasons for the action. If the complainant disagrees with the MAAP decision, they may request an appeal.
B. Appeal:
1. The applicant (complainant) may appeal the decision of MAAP within thirty (30) days of receipt of the summary notice of denial or any other action deemed unjustified by sending a certified letter to the President of the Board at the MAAP office. The President or designated Board member reviews the written appeal and appoints a three-member Hearing Committee of certified counselors to hold an oral hearing with the complainant within thirty (30) days of receipt of the certified letter.
2. The complainant will be informed of the hearing results by certified mail. These results are considered final unless the complainant requests a further hearing by the Board.
3. The Hearing Committee will report the hearing results to the Certification Board at its next meeting. If the Board has received an objection to the decision, it will review the entire matter.
4. The Certification Board will review the Hearing Committee's findings and the complainant's objections. Within thirty (30) days of the meeting, it will notify the complainant of its final decision by certified mail.