| The State of North Carolina
has empowered the NCSAPCB to certify substance abuse professionals
in North Carolina. The
North Carolina Administrative Code details the ethical principles
of conduct that all certified persons must follow to be in
compliance with the law.
To violate these principles is a violation of North Carolina
State Law.
The following is text from North Carolina Administrative Code,
Title 21 Occupational Licensing Boards, Chapter 68,
Certification Board for Substance Abuse Professionals.
The Board asks that all Substance Abuse professionals with questions
about these principles of conduct, past actions, or
possible actions for the future write the Board for clarification
or consultation.
The North Carolina Substance Abuse Professionals Certification
Board
Post Office Box 10126
Raleigh, North Carolina 27605
SECTION .0500 - ETHICAL PRINCIPLES
OF CONDUCT:
.0501 - Purpose and Scope
.0502 - Non-Discrimination
.0503 - Competence
.0504 - Legal Standards and Moral Standards
.0505 - Public Statements
.0506 - Publication Credit
.0507 - Client Welfare
.0508 - Confidentiality
.0509 - Client Relationships
.0510 - Inter-Professional Relationships
.0511 - Remuneration
.0501 - PURPOSE AND SCOPE.
(a) The ethical guidelines governing the certified substance
abuse professional are established to insure that the highest
standards are followed for the professional practice in the
alcohol and other drug abuse service delivery system.
(b) The primary goal of this code is to set forth principles
to guide the conduct of the substance abuse professional in
the
profession. Violation of these standards may be deemed malpractice,
gross negligence, incompetence, or engaging in conduct that
could result in harm or injury to the public.
(c) Ethical principles shall provide a standard for the substance
abuse professional in his or her professional roles, relationships
and responsibilities. The substance abuse professional is charged
to consider all principles that apply to the situation on which
ethical judgment is to be exercised and to select a course of
action consistent with the spirit as well as the letter of the
ethical code.
(d) Upon approval of certification, each applicant shall review
the ethical standards in these rules and return a signed statement
to the Board agreeing to abide by these standards.
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.0502 - NON-DISCRIMINATION.
The substance abuse professional shall consider the issue of
discrimination against clients or professionals based on race,
religion, age, sex, handicaps, national ancestry, sexual orientation
or economic condition, but in all cases the professional shall
not discriminate on any basis prohibited by federal or state law.
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.0503 - COMPETENCE.
The substance abuse professional shall recognize that the profession
is founded on national standards of competency which
promote the best interests of society, of the client and of the
profession as a whole. The counselor shall obtain continuing
education as a component of professional competency.
(1) The substance abuse professional shall prevent the practice
of substance abuse counseling by unqualified or unauthorized
persons.
(2) The substance abuse professional who is aware of unethical
conduct or of unprofessional modes of practice shall report
such violations to the appropriate certifying authority.
(3) The substance abuse professional shall recognize boundaries
and limitations of counselor's competencies and not offer
services or use techniques outside of these professional competencies.
(4) The substance abuse professional shall recognize the effect
of professional impairment on professional performance and shall
be willing to seek appropriate treatment for oneself or for
a colleague. The counselor shall support peer assistance programs
in this respect.
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.0504 - LEGAL STANDARDS
AND MORAL STANDARDS.
The substance abuse professional shall uphold the legal and accepted
moral codes which pertain to professional conduct.
(1) The substance abuse professional shall not claim either
directly or by implication, professional qualifications or affiliations
that the counselor does not possess.
(2) The substance abuse professional shall not use the affiliation
with the North Carolina Substance Abuse Professional
Certification Board for purposes that are not consistent with
the stated purposes of the Board.
(3) The substance abuse professional shall not associate with
or permit the counselor's name to be used in connection with
any services or products in a way that is misleading.
(4) The substance abuse professional associated with the development
or promotion of books or other products offered for commercial
sale shall be responsible for ensuring that such books or products
are presented in a professional and factual way.
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.0505 - PUBLIC STATEMENTS.
The substance abuse professional shall respect the limits of
present understanding in public statements concerning alcoholism
and other forms of drug addiction.
(1) The substance abuse professional who represents the field
of alcoholism and other drug abuse counseling to clients, other
professionals or to the general public shall report fairly and
accurately the appropriate information.
(2) The substance abuse professional shall acknowledge and
document materials and techniques used.
(3) The substance abuse professional who conducts training
in alcoholism or drug abuse counseling skills or techniques
shall indicate to the audience the requisite training and qualifications
required to properly perform these skills and techniques.
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.0506 - PUBLICATION CREDIT.
The substance abuse professional shall assign credit to all who
have contributed to the published material and for the work
upon which the publication is based.
(1) The substance abuse professional shall recognize joint
authorship, major contributions of a professional character,
made by several persons to a common project. The author who
has made the principle contribution to a publication shall be
identified as a first listed.
(2) The substance abuse professional shall acknowledge in footnotes
or an introductory statement minor contribution of a
professional character, extensive clerical or similar assistance
and other minor contributions.
(3) The substance abuse professional shall acknowledge, through
specific citations, unpublished, as well as published material,
that has directly influenced the research or writing.
(4) The substance abuse professional who compiles and edits
for publication the contributions of others shall list oneself
as editor, along with the names of those others who have contributed.
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.0507 - CLIENT WELFARE.
The substance abuse professional shall respect the integrity
and protect the welfare of the person or group with whom the
counselor is working.
(1) The substance abuse professional shall define for self
and others the nature and direction of loyalties and responsibilities
and keep all parties concerned informed of these commitments.
(2) The substance abuse professional, in the presence of professional
conflict shall be concerned primarily with the welfare of the
client.
(3) The substance abuse professional shall terminate a counseling
or consulting relationship when it is reasonably clear to the
counselor that the client is not benefiting from it.
(4) The substance abuse professional, in referral cases, shall
assume the responsibility for the client's welfare either by
termination by mutual agreement or by the client becoming engaged
with another professional. In situations when a client
refuses treatment, referral or recommendations, the substance
abuse professional shall carefully consider the welfare of the
client by weighing the benefits of continued treatment or termination
and shall act in the best interest of the client.
(5) The substance abuse professional who asks a client to reveal
personal information from or about other professionals or allows
information to be divulged shall inform the client concerning
the duties and responsibilities resulting from dissemination
of the information. The information released or obtained with
informed consent shall be used for expressed purposes only.
(6) The substance abuse professional shall not use a client
in a demonstration role in a workshop setting where such
participation would foreseeably seriously harm the client.
(7) The substance abuse professional shall ensure the presence
of an appropriate setting for clinical work to protect the client
from harm and the counselor and the profession from censure.
(8) The substance abuse professional shall collaborate with
other health care professionals in providing a supportive environment
for the client who is receiving prescribed medications.
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.0508 - CONFIDENTIALITY.
The substance abuse professional shall embrace, as a primary
obligation, the duty of protecting the privacy of clients and
shall
not disclose confidential information acquired, in teaching, practice
or investigation.
(1) The substance abuse professional shall inform the client
and obtain agreement in areas likely to affect the client's
participation including the recording of an interview, the use
of interview material for training purposes and observation
of an interview by another person.
(2) The substance abuse professional shall make provisions
for the maintenance of confidentiality and the ultimate disposition
of confidential records.
(3) The substance abuse professional shall reveal information
received in confidence only:
(a) - when there is clear and imminent danger to the client
or to other persons and then only to the appropriate professional
worker or public authorities; or
(b) - when compelled by law to provide such information.
(4) The substance abuse professional shall discuss the information
obtained in clinical or consulting relationships only in
appropriate settings and only for professional purposes clearly
concerned with the case. Written and oral reports shall present
only data germane to the purpose of the evaluation.
(5) The substance abuse professional shall use clinical and
other material in classroom teaching and writing only when the
identity of the persons involved is adequately disguised or
documented permission if given by the party.
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.0509 - CLIENT RELATIONSHIPS.
The substance abuse professional shall inform the prospective
client of the important aspects of the potential relationship.
(1) The substance abuse professional shall inform the client
and obtain the client's agreement in areas likely to affect
the client's participation including the recording of an interview,
the use of interview material for training purposes and in some
cases or in others, observation of an interview by another person.
(2) The substance abuse professional shall inform the designated
guardian or responsible person of the circumstances that may
influence the relationship, when the client is a minor or incompetent.
(3) The substance abuse professional shall not enter into a
professional relationship with members of one's immediate family,
friends or close associates. The substance abuse professional
may enter into a counseling relationship with others where there
was a pre-existing relationship involving the welfare of that
person that will not be jeopardized by this dual relationship.
(4) The substance abuse professional shall not engage in sexual
activity with either a current or former client.
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.0510 - INTER-PROFESSIONAL RELATIONSHIPS.
The substance abuse professional shall treat colleagues with
respect, courtesy and fairness and shall afford the same
professional courtesy to other professionals.
(1) The substance abuse professional shall not offer professional
services to a client in counseling with another professional
except with the knowledge of the other professional or after
the termination of the client's relationship with the other
professional.
(2) The substance abuse professional shall cooperate with duly
constituted professional ethics committees and promptly supply
necessary information unless prohibited by law.
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.0511 - REMUNERATION.
The substance abuse professional shall establish financial arrangements
in professional practice and in accord with the
professional standards that safeguard the best interests of the
client, of the counselor and of the profession.
(1) The substance abuse professional shall consider carefully
the ability of the client to meet financial cost in establishing
rates for professional services.
(2) The substance abuse professional shall not send nor receive
any commission or rebate or any other form of remuneration for
referral of clients for professional services. The counselor
shall not engage in fee splitting.
(3) The substance abuse professional shall not accept a private
fee or any other gift or gratuity for professional work with
a person who is receiving such services through the professional's
institution or agency. The policy of a particular agency may
make explicit provisions for private work with its clients by
members of its staff and in such instances the client must be
fully apprised of all policies affecting the client.
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