N.H. Code Admin. R. Alc 502.01 - Ethical Requirements

Current through Register Vol. 42, No. 14, April 7, 2022

(a) Licensees and CRSWs shall practice within their respective statutory scopes of practice as follows:
(1) For MLADCs, the scope of practice set forth in RSA 330-C:10;
(2) For LADCs, the scope of practice set forth in RSA 330-C:11;
(3) For licensed clinical supervisors, the scope of practice set forth in RSA 330-C:12; and
(4) For CRSWs, the scope of practice set forth in RSA 330-C:13.
(b) Licensees and CRSWs shall be bound by the 9 numbered principles of the NAADAC code of ethics, together with the bulleted sub-principles, as updated December 8, 2016, as referenced in Appendix B.
(c) In addition to the scope of practice requirements listed in (a)(4) above, CRSWs shall abide by the following ethical standards:
(1) With regard to quality of care, the CRSW shall make a commitment to provide the highest quality of care for the client;
(2) With regard to non-discrimination, the CRSW shall not discriminate against any client of other professional based on race, color, religion, age, sex, marital status, national origin, ancestry, sexual orientation, or mental or physical disability;
(3) With regard to professional responsibility, the CRSW shall:
a. Exercise professional judgment;
b. Maintain the best interest of the client; and
c. Assist the client to help him or her toward the primary goal of recovery;
(4) With regard to professional competence, the CRSW shall:
a. Provide competent professional service to the client;
b. Participate in ongoing professional education to maintain state-of-the-art knowledge and skill;
c. Be responsible for his or her conduct in all areas of professional life;
d. Recognize and maintain personal and professional boundaries and limitations;
e. Seek the advice and counsel of colleagues and supervisors whenever such consultation is in the best interest of the client; and
f. Recognize the effect of impairment on professional performance and be willing to seek appropriate treatment when necessary;
(5) With regard to professional standards, the CRSW shall:
a. Not claim or imply professional knowledge, qualifications, certifications, or affiliations that he or she does not possess; and
b. Not lend his or her name to, or participate in, any professional and/or business relationship, which may misrepresent or mislead the public in any way;
(6) With regard to professional obligation to the public, the CRSW shall not state or imply a higher degree of knowledge or insight into co-occurring or substance use disorders than would be available through similarly situated or trained professionals;
(7) With regard to publications, the CRSW shall preserve the integrity of the profession by acknowledging and documenting any materials or techniques used in creating his or her opinions or in writing, editing, or publishing papers, pamphlets or books;
(8) With regard to client welfare, the CRSW shall:
a. Place the best interest of the client before conflicting professional commitments or professional gain;
b. Always provide an appropriate setting for clinical work; and
c. Provide a supportive environment for any client having special needs;
(9) With regard to confidentiality, the CRSW shall:
a. Not reveal information relating to a client unless the client consents to such release of information in writing and after consultation with the CRSW; and
b. Preserve client records and information regardless of the media used to store such information;
(10) With regard to client and public safety, notwithstanding confidentiality rules, the CRSW may reveal confidential information to public authorities or other professionals to the extent that he or she reasonably believes necessary to prevent a client from serious harm whether self-inflicted or inflicted upon a third person, or where the client is in imminent danger, or in danger of injuring another person;
(11) With regard to client relationships, the CRSW shall:
a. Respect and maintain an objective, non-possessive, non-personal, professional relationship with the client at all times;
b. Obtain the client's permission for recording a session, for involving any third party in a session, or for releasing any information pertaining to the client;
c. Not enter into a business relationship with the client during the therapeutic relationship;
d. Not enter into a business relationship with any other person if doing so would adversely affect the client;
e. Not engage in any sexual activity with any current or former client;
f. When it is in the best interests of a client, release or refer the client to other programs or individuals as dictated by professional standards and ethically responsible practice;
g. Not enter into a mentoring or coaching relationship with a client if the CRSW's own responsibilities to or relationship with a third person would adversely affect the client; and
h. Not enter into a mentoring or coaching relationship with anyone with whom the CRSW has had a previous intimate relationship;
(12) With regard to professional integrity, the CRSW shall:
a. Cooperate with and adhere to Alc 502;
b. Never knowingly make a false statement to the board;
c. Promptly report violations of this professional code of conduct by other CRSWs to the board;
d. Disclose to the board any material fact which could adversely affect a CRSW-client relationship, to include any disciplinary action taken by any other board or regulatory body;
(13) With regard to remuneration, the CRSW shall:
a. Establish reasonable financial arrangements based on fees customarily charged in his or her locality for similar services; and
b. Not accept fees or gratuities for professional work from a client whose fees are being paid through an institution or agency and who is otherwise entitled to such services; and
(14) With regard to professional promotion, the CRSW shall maintain and promote the integrity and advancement of the alcohol and drug CRSW profession.
(d) In addition to the requirements listed in (a)(1) and (2) above, LADCs and MLADCs shall abide by the following ethical standards:
(1) With regard to quality of care, the counselor shall provide the highest quality of care for the client;
(2) With regard to non-discrimination, the counselor shall not discriminate against any client or other professional based on race, color, religion, age, sex, marital status, national origin, ancestry, sexual orientation, or mental or physical disability;
(3) With regard to professional responsibility, the counselor shall:
a. Exercise professional judgment;
b. Maintain the best interest of the client; and
c. Assist the client to help him or her toward the primary goal of recovery;
(4) With regard to professional competence, the counselor shall:
a. Provide competent professional service to the client;
b. Participate in ongoing professional education to maintain state-of-the-art knowledge and skill;
c. Be responsible for his or her conduct in all areas of professional life;
d. Recognize personal and professional boundaries and limitations;
e. Seek the advice and counsel of colleagues and supervisors whenever such consultation is in the best interest of the client; and
f. Recognize the effect of impairment on professional performance and be willing to seek appropriate treatment when necessary;
(5) With regard to professional standards, the counselor shall:
a. Not claim or imply professional knowledge, qualifications, certifications, or affiliations that he or she does not possess; and
b. Not lend his or her name to, or participate in, any professional and/or business relationship, which may misrepresent or mislead the public in any way;
(6) With regard to professional obligation to the public, the counselor shall not state or imply a higher degree of knowledge or insight into co-occurring or substance use disorders than would be available through similar situated and/or trained professionals;
(7) With regard to publications, the counselor shall preserve the integrity of the profession by acknowledging and documenting any materials or techniques used in creating his or her opinions, or in writing, editing, or publishing papers, pamphlets or books;
(8) With regard to client welfare, the counselor shall:
a. Place the best interest of the client before conflicting professional commitments or professional gain;
b. Always provide an appropriate setting for clinical work; and
c. Provide a supportive environment for any client having special needs;
(9) With regard to confidentiality, the counselor shall:
a. Not reveal information relating to a client unless the client consents to such release of information in writing and after consultation with the counselor; and
b. Preserve client records and information regardless of the media used to store such information;
(10) With regard to client and public safety, notwithstanding confidentiality regulations, the counselor may reveal confidential information to public authorities or other professionals to the extent that he or she reasonably believes necessary to prevent a client from serious harm whether self-inflicted or inflicted upon a third person, or where the client is in imminent danger, or in danger of injuring another person;
(11) With regard to client relationships, the counselor shall:
a. Respect and maintain an objective, non-possessive, non-personal, professional relationship with the client at all times;
b. Obtain the client's permission for recording a session, for involving any third party in a session, or for releasing any information pertaining to the client;
c. Not enter into a business relationship with any other person if doing so would adversely affect the client;
d. Not engage in any sexual activity with any current or former client;
e. When it is in the best interests of a client, release or refer the client to other programs or individuals as dictated by professional standards and good clinical practice;
f. Not enter into a counseling relationship with a client if the counselor's own responsibilities to or relationship with a third person would adversely affect the client;
g. Not enter into a personal or exploitive relationship with a current or former client following the termination of the therapeutic relationship; and
h. Not enter into a counseling relationship with anyone with whom the counselor has had a previous intimate relationship;
(12) With regard to professional integrity, the counselor shall:
a. Cooperate with and adhere to Alc 502;
b. Never knowingly make a false statement to the board;
c. Promptly report violations of this professional code of conduct by other counselors to the board; and
d. Disclose to the board any material fact which could adversely affect a counselor-client relationship, to include any disciplinary action taken by any other board or regulatory body;
(13) With regard to remuneration, the counselor shall:
a. Establish reasonable financial arrangements based on fees customarily charged in his or her locality for similar services; and
b. Not accept fees or gratuities for professional work from a client whose fees are being paid through an institution and/or agency and who is otherwise entitled to such services; and
(14) With regard to professional promotion, the counselor shall strive to maintain and promote the integrity and advancement of the alcohol and drug counselor profession.
(e) In addition to the scope of practice requirements described in (a)(3) above, licensed clinical supervisors shall abide by the "Code of Ethics for Clinical Supervisors," written by the Clinical Supervision Committee of the ICRC, effective 1998, as referenced in Appendix B.

Notes

N.H. Code Admin. R. Alc 502.01

New. #9454, eff 4-11-09

Amended by Volume XXXVIII Number 28, Filed July 12, 2018, Proposed by #12548, Effective 7/1/2018, Expires 7/1/2028.

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