Scope of practice & Ethical boundaries

UNLAWFUL CONDUCT

• Rule 1.1 Once certified, a Certified Peer Recovery Specialist/Certified Peer Recovery Specialist Reciprocal (hereafter referred to as CPRS) shall not be cited, arrested, or convicted for any summary offense, misdemeanor, or felony relating to the individual’s ability to provide substance abuse and other behavioral health services or that reflects conduct unbecoming a CPRS as determined by MCB,INC. 

• Rule 1.2 A CPRS shall not be convicted of any crime that involves the use of any controlled or psychoactive substance. 

SEXUAL MISCONDUCT

• Rule 2.1 A CPRS shall, under no circumstances, engage in sexual activities or sexual contact with an active client, whether such contact is consensual or forced. 

• Rule 2.2 A CPRS shall not engage in sexual activities or sexual contact with clients’ relatives or other individuals with whom clients maintain a close personal relationship when there is a risk of exploitation for potential harm to the client. 

• Rule 2.3 A CPRS shall not engage in sexual activities or sexual contact with former clients because of the potential harm to the client. 

• Rule 2.4 A CPRS shall not provide services to individuals with whom they have had a prior sexual relationship.

FRAUD RELATED CONDUCT

Rule 3.1 A CPRS shall not: 

1. present or cause to be presented a false or fraudulent claim, or any proof in support of such claim, to be paid under any contract or certificate of insurance; 
2. prepare, make, or subscribe to a false or fraudulent account, certificate, affidavit, proof of loss, or other document or writing, with knowledge that the same may be presented or used in support of a claim for payment under a policy of insurance; or 
3. present or cause to be presented a false or fraudulent claim or benefit application.
4. present proof in support of such a claim or benefit application, or false or fraudulent information, which would affect a future claim or benefit application, or be paid under any employee benefit program; 
5. seek to have an employee commit fraud or assist in an act of commission or omission to aid fraud related behavior. 

• Rule 3.2 An individual shall not use misrepresentation in the procurement of certification or recertification, or assist another in the preparation or procurement of certification or recertification through misrepresentation. The term “misrepresentation" includes, but is not limited to, the misrepresentation of professional qualifications, education, certification, accreditation, affiliations, employment experience, the plagiarism of application and recertification materials, or the falsification of references. 

• Rule 3.3 An individual shall not use a title designation, credential or license, firm name, letterhead, publication, term, title, or document which states or implies an ability, relationship, or qualification that does not exist and to which they are not entitled. 

• Rule 3.4 A CPRS shall not provide service under a false name or a name other than the name under which his or her certification is held. 

• Rule 3.5 A CPRS shall not sign or issue, in their professional capacity, a document or a statement that the professional knows or should have known to contain a false or misleading statement. 

• Rule 3.6 A CPRS shall not produce, publish, create, or partake in the creation of any false, fraudulent, deceptive, or misleading advertisement. 

• Rule 3.7 A CPRS who participates in the writing, editing, or publication of professional papers, videos/films, pamphlets or books must act to preserve the integrity of the profession by acknowledging and documenting any materials and/or techniques or people (i.e. co authors, researchers, etc.) used in creating their opinions/papers, books, etc. Additionally, any work that is photocopied prior to receipt of approval by the author is discouraged. Whenever and wherever possible, the CPRS should seek permission from the author/creator of such materials. The use of copyrighted materials without first receiving author approval is against the law and, therefore, in violation of the Code of Ethical Conduct. 

EXPLOITATION OF CLIENTS

• Rule 4.1 A CPRS shall not develop, implement, or maintain exploitative relationships with clients and/or family members of clients. 

• Rule 4.2 A CPRS shall not misappropriate property from clients and/or family members of clients. 

• Rule 4.3 A CPRS shall not enter into a relationship with a client which involves financial gain to the CPRS or a third party resulting from the promotion or the sale of services unrelated to the provision of services or of goods, property, or any psychoactive substance. 

• Rule 4.4 A CPRS shall not promote to a client for their personal gain any treatment, procedure, product, or service. 

• Rule 4.5 A CPRS shall not ask for nor accept gifts or favors from clients and/or family members of client. 

• Rule 4.6 A CPRS shall not offer, give, or receive commissions, rebates, or any other forms of remuneration for a client referral. 

• Rule 4.7 A CPRS shall not accept fees or gratuities for professional work from a person who is entitled to such services through an institution and/or agency by which the CPRS is employed. 

PROFESSIONAL STANDARDS

• Rule 5.0 A CPRS shall not provide dual roles while working with a client. The term “dual role” includes, but is not limited to, the action of providing clinical services as CPRS, developing, and/or maintain dual/exploitative relationships with clients or family members of clients. This prohibition applies to both in person and electronic interactions or relationships. 

• Dual relationships may make it difficult for the professional to maintain appropriate professional boundaries. It is the professional’s responsibility to assume the full burden for setting clear, appropriate, and culturally responsive boundaries. 

• CPRS shall be knowledgeable about disabling conditions, demonstrate empathy and personal emotional comfort in interactions with participants with disabilities, and make available physical, sensory, and cognitive accommodations that allow individuals with disabilities to receive services. The CPRS should comply with all local, state, and Federal laws regarding the accommodation of individuals with disabilities. 

• Rule 5.1 A CPRS shall not in any way participate in discrimination on the basis of race, color, sex, sexual/gender orientation, age, religion, national origin, socioeconomic status, political belief, psychiatric or psychological impairment, or physical disability/conditions. 

• Rule 5.2 A CPRS who fails to seek assistance under professional care for any psychoactive substance abuse or dependence, psychiatric or psychological impairment, emotional distress, or for any other type of physical or mental health related adversity that interferes with his/her professional functioning shall be in violation of this rule. Where any such conditions exist and impede his/her ability to function competently, a CPRS must request inactive status of their CPRS certificate for medical reasons for as long as necessary, not forsaking timely recertification. Such assistance for impairment may be obtained from a variety of professional mechanisms to maintain wellness, including therapy, support systems/groups, psychiatric nurses, medication management, etc. 

• Rule 5.3 A CPRS shall meet and comply with all terms, conditions, or limitations of a certification or license. 

• Rule 5.4 A CPRS shall not engage in conduct that does not meet the generally accepted standards of practice. 

• Rule 5.5 A CPRS shall not perform services outside of his/her area of training, expertise, competence, or scope of practice. The CPRS shall provide competent, professional service to all in keeping with State of Minnesota standards. Competent professional service requires: a) Lived or shared experience with alcohol, drugs, tobacco and other substances, b) skill in presentation and education techniques, c) thoroughness and preparation reasonably necessary to assure the highest level of quality service, and d) willingness to maintain current and relevant knowledge through on-going professional education. 

• Rule 5.6 A CPRS shall not reveal confidential information obtained as the result of a professional relationship, without the prior written consent from the recipient of services, except as authorized or required by law. 

• Rule 5.7 The CPRS shall not permit publication of photographs, disclosure of client names or records, or the nature of services being provided without securing all requisite releases from the client, or parents or legal guardians of the clients. The CPRS has the responsibility to be aware of and to be in compliance with all applicable State and Federal guidelines, regulations, statutes, and agency policies. These include: 

1. Notification of recipient rights, 
2. reporting child abuse and neglect, 
3. reporting misconduct by individuals or agencies, and 
4. maintaining client confidentiality and safeguarding from disclosure confidential information acquired during service delivery; including – but not limited to- verbal disclosure, unsecured maintenance of records, or recording of an activity or presentation without appropriate releases.

The CPRS is responsible for knowing the confidentiality regulations relevant to their specialty. The CPRS make appropriate provisions for the maintenance of confidentiality and the ultimate disposition of confidential records. CPRS ensure that data obtained including program evaluation data and any form of electronic communication, are secured by the available security methodology. Data shall be limited to information that is necessary to and appropriate to the services being provided and be accessible only to appropriate personnel. Data presented publicly shall be distributed only in ways that protects the confidentiality of individual participants. 

• Rule 5.8 The CPRS shall not discontinue professional services to a client nor abandon the client without facilitating an appropriate closure of professional services for the client. The CPRS shall maintain the highest professional standards. 

• Rule 5.9 A CPRS shall not fail to obtain an appropriate consultation or make an appropriate referral when the client's problem is beyond his/her area of training, expertise, competence, or scope of service. 

SAFETY & WELFARE

• Rule 6.1 A CPRS shall not administer to himself or herself any psychoactive substance to the extent or in such manner as to be dangerous or injurious to a recipient of services, to any other person, or to the extent that such use of any psychoactive substance impairs the ability of the professional to safely and competently provide services. 

• Rule 6.2 All CPRS’s are mandated child abuse reporters.

RECORD KEEPING

• Rule 7.1 A CPRS shall not falsify, amend, or knowingly make incorrect entries or fail to make timely essential entries into the client record. 

ASSISTING UNQUALIFIED/UNLICENSED PRACTICE

• Rule 8.1 A CPRS shall not refer a client to a person that he/she knows or should have known is not qualified by training, experience, certification, or license to perform the delegated professional responsibility. 

DISCIPLINE IN OTHER JURISDICTIONS

• Rule 9.1 A CPRS holding a certification, license, or other authorization to practice issued by any certification authority or any state, province, territory, tribe, or federal government whose certification or license has been suspended, revoked, placed on probation, or other restriction or discipline shall promptly alert the MCB, Inc. of such disciplinary action. 

COOPERATION WITH THE BOARD

• Rule 10.1 A CPRS shall cooperate in any investigation conducted pursuant to this Code of Ethical Conduct and shall not interfere with an investigation or a disciplinary proceeding or attempt to prevent a disciplinary proceeding or other legal action from being filed, prosecuted, or completed. Interference attempts may include, but are not limited to: 

1. willful misrepresentation of facts before the disciplining authority or its authorized representative; 
2. use of threats or harassment against, or an inducement to, any client or witness in an effort to prevent them from providing evidence in a disciplinary proceeding or any other legal action; 
3. use of threats or harassment against, or an inducement to, any person in an effort to prevent or attempt to prevent a disciplinary proceeding or other legal action from being filed, prosecuted or completed; 
4. refusal to accept and/or respond to a letter of complaint, allowing a certificate to lapse while an ethics complaint is pending, or attempting to resign a certification while an ethics complaint is pending. Violation of this rule under these circumstances will result in the immediate and indefinite suspension of the certified CPRS’s certification until the ethical complaint is resolved. 

• Rule 10.2 A CPRS shall: 

1. not make a false statement to the MCB, Inc. or any other disciplinary authority; 
2. promptly alert colleagues informally to potentially unethical behavior so said colleagues could take corrective action; 
3. report violations of professional conduct of other CPRS’s to the appropriate licensing/disciplinary authority when he/she knows or should have known that another CPRS has violated ethical standards and has failed to take corrective action after informal intervention. 
4. Will not practice counseling skills if not a licensed counselor. 

• Rule 10.3 A CPRS shall report any uncorrected violation of the Code of Ethical Conduct within 90 days of alleged violation. Failure to report a violation may be grounds for discipline. 

• Rule 10.4 A CPRS with firsthand knowledge of the actions of a respondent or a complainant shall cooperate with MCB Inc. investigation or disciplinary proceeding. Failure or unwillingness to cooperate in MCB Inc. investigation or disciplinary proceeding shall be grounds for disciplinary action. 

• Rule 10.5 A CPRS shall not file a complaint or provide information to MCB, Inc. which he/she knows or should have known, is false or misleading. 

• Rule 10.6 In submitting information to MCB, Inc. a CPRS shall comply with any requirements pertaining to the disclosure of client information established by the federal or state government.