SECTION .0600 – GROUNDS FOR DISCIPLINE AND DISCIPLINARY PROCEDURES

21 NCAC 68 .0601             GROUNDS FOR PROFESSIONAL DISCIPLINE

The following are grounds for discipline:

(1)           fraud or misrepresentation in procuring or maintaining a credential:

(a)           acting as to practice, attempt to practice, or to supervise others while representing oneself to be a credentialed substance use disorder professional without being duly credentialed;

(b)           falsely representing material fact to procure or maintain a credential, whether by word or conduct;

(c)           concealing requested information contained in the application;

(d)           attempting to file or filing any false or forged diploma, certificate, affidavit, transcript, identification or qualification;

(e)           submitting material which is not the work product of the applicant;

(f)            knowlingly assisting another to procure or maintain their credential on the basis of fraud; or

(g)           assisting any uncredentialed person to practice as a credentialed substance use disorder professional in violation of this code.

(2)           fraud or misrepresentation to the public:

(a)           knowlingly make misleading, deceptive, false, or fraudulent misrepresentations in the practice of the profession;

(b)           advertising or holding oneself out to the public to provide professional services for which he or she is not credentialed; or

(c)           pursuing an illegal practice as set forth in G.S. 90-113.43.

(3)           knowlingly make misleading, deceptive, false, or fraudulent representations to the Board;

(4)           exploitation of a relationship with client or person served:

(a)           entering into a professional relationship in violation of Rule .0509 of this Chapter;

(b)           participating in or soliciting sexual activity or sexual contact with a current or former client or client of one's agency in violation of Rule .0509 of this Chapter; and

(c)           entering into personal financial arrangements with a client or person served in violation of Rule .0511 of this Chapter.

(5)           illegal acts or practices:

(a)           violation of Rule .0508 of this Chapter;

(b)           conviction for violating any controlled substances law or any driving while impaired law; or

(c)           being an accessory to or participating in dishonesty, fraud, misrepresentation, or any other illegal act involving a client or person served.

(6)           professional incompetency or failure to meet standards of practice:

(a)           failure to follow the standards of skill and competence possessed and applied by professional peers credentialed in this State acting in the same or similar circumstances;

(b)           practicing outside their scope of practice.

(c)           use of drugs including alcohol to the extent that professional competency is affected or that the professional suffers impairment; or

(d)           refusal to seek treatment for chemical dependency or mental health problems which impair professional performance.

(7)           In professional relationships, the following are prohibited:

(a)           knowingly offering professional services to a client in a professional relationship with another substance use disorder professional except with the knowledge of the other professional or after the termination of the client's relationship by the other professional;

(b)           sending or receiving any form of remuneration for referral of clients or persons served for substance use disorder treatment services from the professional to whom the referral was made;

(c)           accepting from or charging the client a fee for a referral to another substance use disorder professional;

(d)           accepting or charging a fee when no substance use disorder professional services are actually provided; except actual costs for copies and administrative services may be recovered; or

(e)           failing to cooperate with the investigations and proceedings of any professional ethics committee unless the failure is within the exercise of the professional's constitutional rights.

History Note:        Authority G.S. 90-113.33; 90-113.39; 90-113.40; 90-113.42; 90-113.43; 90-113.44; 90-113.45;

Temporary Adoption Eff. October 23, 1995 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Eff. February 1, 1996;

Amended Eff. April 1, 2011; August 1, 2000;

Readopted Eff. October 1, 2020.