Chapter 4758-8 Code of Ethical Practice and Professional Conduct

4758-8-01 Code of ethics for chemical dependency counselors.

(A) The following rules of conduct set forth the minimum standards of conduct which all applicants for licensure or certification shall follow and establishes the minimum standard of practice for certified chemical dependency counselor assistants (CDCA), licensed chemical dependency counselors II (LCDCII), licensed chemical dependency counselors III (LCDCIII), licensed independent chemical dependency counselors (LICDC), and licensed independent chemical dependency counselors-clinical supervisors (LICDC-CS).

(B) A violation of these rules of ethical practice and professional conduct constitutes unprofessional conduct and is sufficient reason for a reprimand, suspension, revocation or for restrictions to be placed on a license or certificate or for the denial of the initial license or certificate or renewal, or reinstatement of a license or certificate.

(1) Professional standards:

(a) The licensee or certificate holder shall meet and comply with all terms, conditions or limitations of licensure or certification.

(b) The licensee or certificate holder shall recognize limitations of his or her competency based on professional qualifications, education and experience and shall not offer services or use techniques outside his or her professional competency or scope of practice defined by rules 4758-6-01 to 4758-6-05 of the Administrative Code.

(c) A licensee or certificate holder shall obtain appropriate consultation or make an appropriate referral when the client's problem is beyond the licensee or certificate holder's area of training, expertise, competency or scope of practice.

(d) The licensee or certificate holder shall refer clients to a person or agency that the licensee or certificate holder knows is qualified by training, experience, certification or license to provide such professional services.

(e) The licensee or certificate holder shall not participate in discrimination on the basis of race, ethnicity, color, sex, sexual orientation, religion, age, national ancestry, socioeconomic status, political belief, psychiatric or psychological impairment, disability according to "Title VII of the Civil Rights Act of 1964," HIV/AIDS status, the amount of previous therapeutic or treatment occurrences or against other persons that could be subject to discrimination but are not expressly protected by state or federal law.

(f) The licensee or certificate holder shall be aware of and comply with all applicable state and federal guidelines, regulations, statutes and agency policies including, but not limited, to confidentiality.

(g) In general, in chemical dependency counseling, the best interest of the client is considered to be of paramount importance in making decisions regarding treatment. The "best interest" of the client would reflect these things that would most benefit the client economically, socially, vocationally and in terms of freedom from external restrictions. However, there may exist in the context of chemical dependency treatment certain protocols, restrictions, or arrangements which are contrary to what clients would consider to be in their best interest. There may also be circumstances in which agency philosophy or orientation or the personal beliefs of the counselor may influence decisions regarding the client's treatment. When such circumstances or restrictions are present, they should be disclosed and explained to the client unless such disclosure is expressly prohibited or would clearly violate the safety, rights or interests of another person.

(h) In the presence of professional conflict, the licensee or certificate holder shall primarily be concerned with the welfare of the client.

(i) The licensee or certificate holder shall respect the integrity and protect the welfare of the client and shall not engage in any action that violates the civil or legal rights of clients.

(j) The licensee or certificate holder shall maintain an objective and non-possessive relationship with those he or she serves and shall not exploit them sexually, emotionally, financially or in any way that could create a dual relationship.

(k) The licensee or certificate holder shall not place an individual in any activity or setting where such participation could harm the individual.

(l) The licensee or certificate holder shall not offer professional services to a client in chemical dependency counseling with another professional except with the knowledge of the other professional or after the termination of the client relationship with the other professional.

(m) A licensee or certificate holder shall terminate a chemical dependency counseling or consulting relationship when it is reasonably clear to the licensee or certificate holder that the client is not benefiting from it.

(n) A licensee or certificate holder shall not discontinue professional services to a client unless:

(i) Services have been completed;

(ii) The client requests the discontinuation;

(iii) Alternative or replacement services are arranged; or

(iv) The client is given reasonable opportunity to arrange alternative or replacement services.

(o) A licensee or certificate holder shall not physically or verbally abuse or threaten clients, family members of clients, ex-clients or other persons encountered in professional settings.

(p) A licensee or certificate holder shall not use derogatory language in their written or verbal communications to or about clients, ex-clients or family members of clients or ex-clients.

(2) Unlawful conduct:

(a) A conviction for a felony in the state of Ohio or any act in another state that would constitute a felony in Ohio shall be grounds for disciplinary action. The board may also discipline a licensee or certificate holder who is convicted of a misdemeanor which relates to the licensee or certificate holder's ability to practice chemical dependency counseling.

(3) Fraud related conduct:

(a) The licensee or certificate holder shall not make any misrepresentation or false statement to the board.

(b) A licensee or certificate holder shall not use a title, designation, credential, license, firm name, letterhead, publication, term, title or document which states or implies an ability, relationship or qualification the licensee or certificate holder is not qualified to use or does not exist.

(c) The licensee or certificate holder shall not practice under a false name or under a name other than the name in which his or her certificate/license is held.

(d) The licensee or certificate holder shall not sign or issue in the licensee or certificate holder's capacity, any document or statement that he or she knows to contain either a false or misleading statement.

(e) The licensee or certificate holder shall not produce, publish, create, or partake in the creation of any false, deceptive or misleading advertisement.

(f) The licensee or certificate holder shall assign appropriate credit to published material.

(g) A licensee or certificate holder shall not falsify, fraudulently amend, knowingly make incorrect entries or fail to make timely essential entries into the client records.

(h) A licensee or certificate holder shall not condone, partake, or assist in billing irregularities or fraud with respect to grants, insurance companies or direct billing.

(i) A licensee or certificate holder shall not bill for services that are not rendered.

(j) A licensee or certificate holder shall not aid or abet another person in misrepresenting professional credentials or engaging in illegal or unethical practice.

(k) A licensee or certificate holder shall not provide services under the signature of their license or certificate while said license or certificate is in a lapsed, inactive or expired status.

(l) A licensee or certificate holder shall not engage in deceptive behavior in a professional setting whether it is to advance their professional standing, avoid disciplinary action or for any other reason.

(4) Discipline in other jurisdictions:

(a) Any denial, suspension, revocation, probation or other restriction or discipline on certification, license or other authorization to practice issued by any certification authority or any state, province, territory, tribe or other federal government shall be regarded by the board as an ethics complaint and shall be reported to the board.

(5) Cooperation with the board:

(a) The licensee or certificate holder shall cooperate in any investigation conducted pursuant to this code of ethics and shall not interfere with an investigation or a disciplinary proceeding or other legal action.

(b) The licensee or certificate holder shall report any violation of this code of ethics to the board.

(c) In submitting information to the board, a licensee or certificate holder shall comply with any requirements pertaining to the disclosure of client information established by federal or state law or regulation.

(6) Client relationships:

(a) A licensee or certificate holder shall not develop, implement or maintain exploitive relationships (dual relationships) with current or past clients.

(b) A licensee or certificate holder shall not enter into a chemical dependency counseling relationship with members of his or her own family, friends or close associates or others who might be jeopardized by such a dual relationship.

(c) A licensee or certificate holder shall avoid multiple relationships and conflicts of interest with any current or past clients, family members of current or past clients or other persons encountered in a professional setting which are not in the best interest of the client and might impair professional judgment or which increase the risk of client exploitation which includes but is not limited to accepting gifts, bartering for services, accepting free services or accepting discounts on services.

(7) Sexual misconduct:

(a) A licensee or certificate holder shall neither engage in any form of sexual conduct or behavior with clients, nor engage in any form of sexual conduct or behavior with former client for two years, at a minimum, after the cessation or termination of professional services within the client's treatment continuum. A licensee or certificate holder shall never engage in a sexual relationship with a former client if such relationship is not in the best interest of the client or increases the risk of client exploitation. The prohibition shall apply with respect to any client of the treatment provider, which employs or retains the licensee or certificate holder regardless of whether the client is or was on the licensee or certificate holder's case load.

(b) A licensee or certificate holder who chooses to engage in a sexual relationship with a former client after the mandatory two year period of time will have the full burden of demonstrating that the former client has not been exploited, coerced or manipulated intentionally or unintentionally.

(c) A licensee or certificate holder shall not sexually harass current or past client's family members. Sexual harassment includes sexual advances, sexual solicitation, requests for sexual favors and other verbal, non-verbal or physical conduct of a sexual nature. A licensee or certificate holder shall not engage in sexual activities or sexual contact with current or past client's family members for two years, at a minimum, after the cessation or termination of professional services within the client's treatment continuum. A licensee or certificate holder shall never engage in a sexual relationship with a former client's family member if such a relationship is not in the best interest of the client or increases the risk of client exploitation.

(d) A licensee or certificate holder shall not sexually harass persons they encounter in professional settings.

(8) Private practice:

(a) A licensee or certificate holder employed by an agency may not solicit or refer a current client of the agency to the licensee's private practice. Licensees may offer referrals to client's which include multiple options for the client to choose from and the licensee's private practice may be one of the multiple programs.

(b) When setting fees, an independent licensee shall ensure that fees are fair, reasonable and commensurate with the services performed.

(c) A licensee shall maintain client records for a period of seven years from the time services are completed.

(9) Professional disclosure:

(a) A licensee or certificate holder shall display a professional disclosure statement at the place where services are performed and shall provide a copy of the disclosure statement to clients upon request.

(b) Professional disclosure statements shall include the name, title, license or certificate type, license or certification number, business address and business phone number of the licensee or certificate holder.

(c) Professional disclosure statements shall identify licensee or certificate holder's formal professional education, areas of competence and the services they provide.

(d) Professional disclosure statements shall include language that directs the client to contact the board should they have complaints about the licensee or certificate holder. The name, address and phone number of the licensing board should be included in this language.

(e) For a licensee employed in a private practice, a fee schedule shall be listed by type of service or hourly rate.

(10) Impairment:

(a) A licensee or certificate holder shall not undertake or continue a professional counseling role when the judgment, competence and/or objectivity of the licensee is impaired due to mental, emotional, physiological, pharmacological, or substance abuse conditions.

(b) A licensee or certificate holder shall seek appropriate professional assistance for any substance abuse or dependence, psychiatric or psychological impairment, emotional distress or an other physical health related adversity that interferes with the licensee or certificate holder's ability to function competently. A licensee or certificate holder shall request inactive status for medical reasons when appropriate and notify the board and comply with rule 4758-11-02 of the Administrative Code.

Effective: 05/06/2013
R.C. 119.032 review dates: 10/01/2015
Promulgated Under: 119.03
Statutory Authority: 4758.20
Rule Amplifies: 4758.23
Prior Effective Dates: 6/13/04, 10/1/10

4758-8-02 Code of ethics for clinical supervisors.

(A) The purpose of this rule is to state the rules of conduct that apply to individuals who hold a valid independent chemical dependency counselor-clinical supervisor license (LICDC-CS), independent chemical dependency counselor license (LICDC) or chemical dependency counselor III license (LCDC III) during the performance of their clinical duties as supervisors.

(B) Competence:

(1) A supervisor shall accurately represent areas of competence, education, training, experience and professional affiliations in response to inquiries, including those from appropriate boards, public, supervisees and colleagues.

(2) A supervisor shall aggressively seek out consultation with other professionals when called on to supervise counseling situations outside their realm of competence. Supervisors shall refer supervisees to other competent staff when they are unable to provide adequate supervisory guidance to the supervisee.

(C) Client welfare and rights:

(1) A supervisor shall make supervisees aware of clients' rights, including protecting clients' rights to privacy and confidentiality in the counseling relationship and the information resulting from it.

(D) Supervisory role:

(1) A supervisor shall obtain ongoing training in supervision.

(2) A supervisor shall make their supervisees aware of professional and ethical standards and legal responsibilities of the counseling profession.

(3) Procedures for contacting the supervisor, or an alternative supervisor, to assist in handling crisis situations shall be established and communicated to supervisees.

(4) Supervision shall be maintained through regular face-to-face meetings with supervisee in group or individual sessions.

(5) Actual work samples via audio, counselor report, video or observation shall be part of the regularly scheduled supervision process.

(6) A supervisor shall provide supervisees with ongoing feedback on their performance.

(7) A supervisor who has multiple roles (e.g. teacher, clinical supervisor, administrator, etc.) with supervisees shall avoid any conflict of interest caused by these roles. The supervisees shall know the limitations placed on the LICDC and the supervisor shall share supervision when appropriate.

(8) A supervisor shall not sexually harass, make sexual advances or participate in any form of sexual contact with supervisees.

(9) A supervisor shall not use the supervision process to further personal, religious, political, financial or business interests.

(10) A supervisor shall not endorse any treatment that would harm a client either physically or psychologically.

(11) A supervisor shall not establish a psychotherapeutic relationship as a substitute for supervision. Personal issues shall be addressed in supervision only in terms of the impact of these issues on clients and on professional functioning.

(12) A supervisor shall never supervise any person closely related by blood, marriage or other significant relationships.

(a) "Closely related by blood or marriage" is defined to include, but is not limited to, spouse, children (whether dependent or independent), parents, grandparents, siblings and any other persons related by blood or marriage who reside in the same household.

(b) "Significant Relationship" means persons living together as a spousal or family unit when not legally married or related where the nature of the relationship may impair the objectivity or independence of judgment of one individual working with the other.

(13) A supervisor shall be straight forward with supervisees about observed professional and clinical limitations of the supervisee. These concerns shall be clearly documented and shared with the supervisee.

(14) A supervisor shall not endorse a supervisee for certification or licensure if the supervisor has documented proof of impairment or professional limitations that would interfere with the performance of counseling duties in a competent and ethical manner.

(15) The supervision provided by a supervisor shall be provided in a professional and consistent manner to all supervisees regardless of age, race, national origin, religion, physical disability, sexual orientation, political affiliation, marital or social or economic status.

(16) A supervisor shall not delegate professional responsibilities to another person if the task is outside of the person's scope of practice or experience.

(17) A supervisor shall not exploit the supervisee for financial gain.

(18) A supervisor shall not instruct a supervisee to perform in a way which would violate any section of the supervisee's code of ethical conduct.

(E) Procedure for processing ethical complaints:

(1) A violation of any of the rules of conduct may result in disciplinary action being taken by the board pursuant to section 4758.30 of the Revised Code and rule 4758-10-01 of the Administrative Code.

Effective: 05/06/2013
R.C. 119.032 review dates: 10/01/2015
Promulgated Under: 119.03
Statutory Authority: 4758.20
Rule Amplifies: 4758.23
Prior Effective Dates: 6/13/04, 10/1/10

4758-8-03 Code of ethics for prevention specialists.

(A) The following rules of conduct set forth the minimum standards of conduct which all applicants for certification shall follow and establishes the minimum standard of practice for registered applicants (RA), Ohio certified prevention specialist assistants (OCPSA), Ohio certified prevention specialists I (OCPS I) and Ohio certified prevention specialists II (OCPS II).

(B) A violation of these rules of ethical practice and professional conduct constitutes unprofessional conduct and is sufficient reason for a reprimand, suspension, revocation or for restrictions to be placed on a certificate or for the denial of the initial certificate or renewal, or reinstatement of a certificate.

(1) Professional standards:

(a) The certificate holder shall meet and comply with all terms, conditions or limitations of certification.

(b) The certificate holder shall recognize limitations of his or her competency based on professional qualifications, education and experience and shall not offer services or use techniques outside his or her professional competency or scope of practice defined by rules 4758-6-06 through 4758-6-08 of the Administrative Code.

(c) The certificate holder shall refer consumers to a person or agency that the certificate holder knows is qualified by training, experience, certification or license to provide such professional services.

(d) The certificate holder shall not participate in discrimination on the basis of race, ethnicity, color, sex, sexual orientation, religion, age, national ancestry, socioeconomic status, political belief, psychiatric or psychological impairment, disability according to "Title VII of the Civil Rights Act of 1964", HIV/AIDS status, the amount of previous therapeutic or treatment occurrences or against other persons that could be subject to discrimination but are not expressly protected by state or federal law.

(e) A certificate holder shall seek appropriate professional assistance for any substance abuse or dependence, psychiatric or psychological impairment, emotional distress or any other physical health related adversity that interferes with the certificate holder's ability to function competently. A certificate holder shall request inactive status for medical reasons when appropriate and notify the board and comply with rule 4758-11-02 of the Administrative Code.

(f) The certificate holder shall not administer to him/herself any substances in a manner which would be dangerous or harmful to consumers.

(g) The certificate holder shall be aware of and comply with all applicable state and federal guidelines, regulations, statutes and agency policies including, but not limited, to confidentiality.

(h) The certificate holder shall define for self and others the nature and direction of loyalties and responsibilities and keep all parties informed of these commitments.

(i) In the presence of professional conflict, the certificate holder shall primarily be concerned with the welfare of the consumer.

(j) The certificate holder shall respect the integrity and protect the welfare of the consumer and shall not engage in any action that violates the civil or legal rights of consumers.

(k) The certificate holder shall maintain an objective and non-possessive relationship with those he or she serves and shall not exploit them sexually, emotionally, financially or otherwise.

(l) The certificate holder shall not place an individual in any activity or setting where such participation could harm the individual.

(m) The certificate holder shall comply with all mandatory reporting requirements set forth in the revised code to include, but not limited to: duty and report abuse, neglect, or exploitation of a child or adult.

(2) Unlawful conduct:

(a) A conviction for a felony in the state of Ohio or any act in another state that would constitute a felony in Ohio shall be grounds for disciplinary action. The board may also discipline a certificate holder who is convicted of a misdemeanor which relates to the certificate holder's ability to practice alcohol and other drug prevention.

(3) Fraud related conduct:

(a) The certificate holder shall not make any misrepresentation or false statement to the board.

(b) A certificate holder shall not use a title, designation, credential, license, firm name, letterhead, publication, term, title or document which states or implies an ability, relationship or qualification the certificate holder is not qualified to use or does not exist.

(c) The certificate holder shall not practice under a false name or under a name other than the name in which his or her certificate is held.

(d) The certificate holder shall not sign or issue in the certificate holder's capacity, any document or statement that he or she knows to contain either a false or misleading statement.

(e) The certificate holder shall not produce, publish, create, or partake in the creation of any false, deceptive or misleading advertisement.

(f) The certificate holder shall assign appropriate credit to published material.

(4) Discipline in other jurisdictions:

(a) Any denial, suspension, revocation, probation or other restriction or discipline on certification, license or other authorization to practice issued by any certification authority or any state, province, territory, tribe or other federal government shall be regarded by the board as an ethics complaint and shall be reported to the board.

(5) Cooperation with the board:

(a) The certificate holder shall cooperate in any investigation conducted pursuant to this code of ethics and shall not interfere with an investigation or a disciplinary proceeding or other legal action.

(b) The certificate holder shall report any violation of this code of ethics to the board.

(c) In submitting information to the board, a certificate holder shall comply with any requirements pertaining to the disclosure of consumer information established by federal or state law or regulation.

Effective: 05/06/2013
R.C. 119.032 review dates: 06/13/2014
Promulgated Under: 119.03
Statutory Authority: 4758.20
Rule Amplifies: 4758.23
Prior Effective Dates: 6/13/04