Code of Ethics Violation Guidelines
The following guidelines are used to address violations of the Medi-Cal Code Ethics for Certified Peer Support Specialists in California by the California Mental Health Services Authority. The guidelines will be used by the certifying entity for the determination of sanctions. The guidelines are not considered all-inclusive as there may be violations not addressed or sanctions that have not yet been described for a specific violation. The certifying entity reserves the right to make modifications under circumstances in the absence of sanctions.
| Code of Ethics No. | Code of Ethics | Minimum Sanction | Maximum Sanction |
|---|---|---|---|
| E4 | Work within their scope of practice as defined by their employing agency and the service components outlined in this BHIN**, including the Code of Ethics. (includes gross negligence and incompetence). **Behavioral Health Information Notice No: 25-010 | Up to a six-month suspension of Peer Support Specialist certification; and Completion of 80-hour training course from an approved training provider; OR Retake and pass the Peer Support Specialist certification exam. | Permanent revocation of Peer Support Specialist Certification. |
| F4 | Shall not discriminate against others on the basis of gender, race, ethnicity, sexual orientation or gender identity, age, religion, national origin, marital status, political belief, or mental or physical differences. | Up to a six-month suspension of Peer Support Specialist certification; and Complete six hours of training in cultural sensitivity.* | Permanent revocation of Peer Support Specialist Certification. |
| F5 | Shall not discriminate against others on the basis of any other preference, personal characteristic, condition, state, or cultural factor protected under Federal, State or local law. | Up to a six-month suspension of Peer Support Specialist certification; and Complete six hours of training in ethics and professional boundaries.* | Permanent revocation of Peer Support Specialist Certification. |
| H2 | Avoid relationships or commitments that conflict with the interests of persons engaging in services, impair professional judgment, imply a conflict of interest, or create risk of harm to those supported. | Up to a six-month suspension of Peer Support Specialist certification; and Complete six hours of training in ethics and professional boundaries.* | Permanent revocation of Peer Support Specialist Certification. |
| H7 | Do not lend, give, or receive money or payment for any services, to or from, persons they support. | Up to a six-month suspension of Peer Support Specialist certification; and Complete six hours of training in law and ethics.* | Permanent revocation of Peer Support Specialist Certification. |
| H10 | Shall not commit fraud, waste or abuse in the delivery of Medi-Cal services. | Revocation of certification for 2 years and immediate denial of a new application for certification. With the option to reapply after a period of two years. | Permanent revocation of Peer Support Specialist Certification. |
| H11 | Cooperate with complaint investigations and supply information requested during complaint investigations unless such disclosure of information would violate the confidentiality requirements of Subpart 2, Title 42, Code of Federal Regulations or other applicable state and federal information privacy laws. | Up to a six-month suspension of Peer Support Specialist Certification; and Complete six hours of training in law and ethics.* | Permanent revocation of Peer Support Specialist Certification. |
| H12 | Shall not provide services under the influence of any amount of alcohol, marijuana, or illicit drugs. | Up to a one-year suspension of certification; and Complete 20 hours of training in law and ethics.* | Permanent revocation of Peer Support Specialist Certification. |
| H13 | Shall not secure a certification by fraud, deceit, or misrepresentation. This includes but is not limited to: a) Making a false statement on any application for certification. b) Withholding material information on any application for certification. c) Impersonating another Medi-Cal Peer Support Specialist or permitting or allowing another person to use their certification for the purpose of providing Medi-Cal Peer Support Services. | Immediate denial of application for Peer Support Specialist Certification; OR Suspension of Peer Support Specialist Certification for up to 2 years; and Complete 20 hours of training in law and ethics;* and Retake and pass the Peer Support Specialist Certification exam prior to reinstatement of certification. | Permanent revocation of Peer Support Specialist Certification. |
| H14 | Shall not engage in gross negligence or incompetence in the performance of Medi-Cal Peer Support Services. This includes: Failing to maintain records consistent with sound judgement, the standards of the profession, and the nature of the services being rendered. | Up to a six-month suspension of Peer Support Specialist Certification. Complete six hours of training in law and ethics.* | Permanent revocation of Peer Support Specialist Certification. |
| J1/2/3 | Respect the right to privacy of those supported and shall not solicit private information from those supported unless it is essential. Once private information is shared, standards of confidentiality apply. | Up to a six-month suspension of Peer Support Specialist Certification. Complete six hours of training in law and ethics.* | Permanent revocation of Peer Support Specialist Certification. |
| J4 | Comply with all applicable federal and state confidentiality laws and guidelines, (including Part 2, Title 42, Code of Federal Regulations and HIPAA requirements). | Up to a six-month suspension of Peer Support Specialist Certification. Complete six hours of training in law and ethics.* | Permanent revocation of Peer Support Specialist Certification. |
| K1/2 | Never engage in romantic or sexual/ intimate activities with the persons engaging in services. Shall not provide services to individuals with whom they have had a prior romantic or sexual relationship. | Minimum three-month suspension of Peer Support Specialist Certification; and Complete 10 hours of training in ethics and professional boundaries;* and Complete four hours of direct supervision within two weeks following reinstatement. | Permanent revocation of Peer Support Specialist Certification. |
| K3 | Shall not engage in exploitive relationships with coworkers or those they support to further their personal, religious, political, or business interests. | Up-to six-month suspension of Peer Support Specialist certification; and Complete nine hours of training in ethics and professional boundaries. * | Permanent revocation of Peer Support Specialist Certification. |
| K4/5 | Mandated Reporting | Minimum three-month suspension of Peer Support Specialist certification; and Complete six continuing education hours in mandated reporting.* | Permanent denial of application for certification OR permanent revocation of certification. |
| K6 | Never intimidate, threaten, harass, use undue influence, physical force, or verbal abuse, or make unwarranted promises of benefits to persons engaging in services. | Up to 90-day suspension of Peer Support Specialist certification; and Complete 10 hours of training in relevant to the nature of the offense as determined by the certifying entity. * | Permanent revocation of Peer Support Specialist Certification. |
| * Evidence of completing the training requirement because of an ethics violation must have a date of completion for training that is on or after the date the sanction was issued by CalMHSA. Training courses taken to fulfill the sanction requirement must be distinct and separate from those required for certification renewal. Training courses taken to satisfy a requirement due to a sanction cannot be applied towards the continuing education requirement for certification renewal. | |||