Ohio Admin. Code 4758-8-03 - Code of ethics for prevention professionals

(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 (OCPS) and Ohio certified prevention consultant (OCPC).

(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.

(C) Prevention certificate holders are expected to exemplify unwavering integrity in their professional endeavors. They should consistently act in a manner that is ethical, honest, and transparent. Maintaining the trust and confidence of consumers and colleagues is paramount. Additionally, certificate holders are obligated to uphold integrity in their personal relationships and activities, understanding that their actions outside of work can significantly impact their professional reputation. By demonstrating integrity both professionally and personally, prevention certificate holders can foster an environment of trust, credibility, and accountability within their field.

(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 4758-6-07 to 4758-6-10 of the Administrative Code.

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

(d) The certificate holder shall not participate in discrimination of clients and family members of clients, including but not limited to, on the basis of race, ethnicity, color, sex, gender identity or expression, sexual orientation, gender identity, religion, age, national ancestry, genetic information, parental status, military status, socioeconomic status, political belief, psychiatric or psychological conditionsimpairment, 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, or may contact the board's confidential safe-haven program and comply with rule 4758-11-03 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, and 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)(h) In the presence of professional conflict, the The certificate holder shall primarily be concerned with the welfare act in the best interest of the consumer. The certificate holder shall act to respect the integrity of the consumer.

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

Sexual conduct is any contact with another person, consensual or non-consensual, that engages, or attempts to engage, in any activity that a reasonable person may consider sexual or sexual in nature, including but not limited to: sexual relationship; sexual advance; sexual solicitation; request for a sexual favor; a text, picture, video or social media post of a sexual nature; or any other verbal, nonverbal, or physical activity, contact, or conduct that is sexual or sexual in nature.

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

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

(2) Unlawful conduct:

(a) A conviction for a felony offense in the state of Ohio or any act in another state, tribal or military court, or foreign nation 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 prevention.

(b) A conviction in the state of Ohio or any act in another state, tribal or military court, or foreign nation that would constitute a misdemeanor offense in Ohio for a theft, fraud, violent, alcohol, drug, or sexual misdemeanor offense, or any other offense which relates to the ability to practice prevention services shall be grounds for disciplinary action.

(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) Except as outlined in rule 4758-11-03 of the Administrative Code, the 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.

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

(6) Impairment

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

(b) A certificate holder shall seek appropriate professional assistance for any substance abuse or dependence, psychiatric or psychological conditions, emotional distress or an 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, or may contact the board's confidential safe-haven program and comply with rule 4758-11-03 of the Administrative Code.

(7) Procedure for processing ethical complaints:

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.

Notes

Ohio Admin. Code 4758-8-03

Effective: 4/1/2024
Five Year Review (FYR) Dates: 1/16/2024 and 04/01/2029
Promulgated Under: 119.03
Statutory Authority: 4758.20
Rule Amplifies: 4758.23
Prior Effective Dates: 06/13/2004, 03/22/2013 (Emer.), 05/06/2013, 08/01/2015, 03/24/2017