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 this Code of Ethics and their employing agency (includes gross negligence and incompetence). | Up to a six-month suspension of Peer Support Specialist certification; and Completion of 40-hour training course from an approved training provider OR retake and pass the Peer Support Specialist certification exam prior to reinstatement of certification. | 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 continuing education hours in cultural sensitivity from an approved training provider; and Valid proof of completion of continued education must be submitted along with application for reinstatement of certification. | 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 continuing education hours in ethics and professional boundaries; and Valid proof of completion of continued education must be submitted along with application for reinstatement of certification. | 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 continuing education hours in ethics and professional boundaries; and Valid proof of completion of continued education must be submitted along with application for reinstatement of certification. | 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 continuing education hours in law and ethics from an approved training provider; and Valid proof of completion of continued education must be submitted along with application for reinstatement of certification. | Permanent revocation of Peer Support Specialist certification. |
| H10 | Shall not commit fraud, waste or abuse in the delivery of Medi-Cal services. | Permanent denial of application for Peer Support Specialist certification and listing on the Medi-Cal Suspended and Ineligible Provider List | 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. | Up to a six-month suspension of Peer Support Specialist certification; and Complete six continuing education hours in law and ethics from an approved training provider; and Valid proof of completion of continued education must be submitted along with application for reinstatement of certification. | 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; if in recovery, personal letter describing treatment and/ or relapse prevention efforts, letter from addiction treatment program documenting successful completion of a treatment program and plan for continuing care; and proof of completion of 20 continuing education hours. | Revocation/ permanent denial of licensure, certification, or registration; fees forfeited. |
| 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 Peer Support Specialist or permitting or allowing another person to use their certification for the purpose of providing peer support services. | Denial of Peer Support Specialist certification for no less than six months. Fees are forfeited; and Complete six continuing education hours in law and ethics from an approved training provider; and Retake and pass the Peer Support Specialist certification exam prior to reinstatement of certification; and Valid proof of completion of continued education must be submitted along with application for reinstatement of certification. | Permanent revocation of Peer Support Specialist certification. |
| H13 | Shall not secure a certification by fraud, deceit, or misrepresentation. An applicant cheats or participates in cheating during the certification exam. | Denial of certification for no less than one year. May sit for examination after a one-year period elapses. Complete six continuing education hours in law and ethics from an approved training provider. Valid proof of completion of continued education must be submitted along with application for reinstatement of certification. | Permanent revocation of Peer Support Specialist certification. |
| H13 | Shall not secure a certification by fraud, deceit, or misrepresentation. Violation of exam security by compromising exam integrity. | Permanent denial of application for Peer Support Specialist certification. | Permanent revocation of Peer Support Specialist certification. |
| H14 | Shall not engage in gross negligence or incompetence in the performance of 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 continuing education hours in law and ethics from an approved training provider. Valid proof of completion of continued education must be submitted along with application for reinstatement of certification. | 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 continuing education hours in law and ethics from an approved training provider. Valid proof of completion of continued education must be submitted along with application for reinstatement of certification. | Permanent revocation of Peer Support Specialist certification. |
| J4 | Comply with all applicable federal and state confidentiality laws and guidelines. (In accordance with Part 2, Title 42, Code of Federal Regulations and HIPAA requirements). | Up to a six-month suspension of Peer Support Specialist certification. Complete six continuing education hours in law and ethics from an approved training provider. Valid proof of completion of continued education must be submitted along with application for reinstatement of certification. | Permanent revocation of Peer Support Specialist certification. |
| K1/2 | Never engage in romantic or sexual/ intimate activities with the persons engaging in services. | Up to a six-month suspension of Peer Support Specialist certification; and Complete 6 continuing education hours in ethics and professional boundaries from an approved training provider. Valid proof of completion of continued education and hours of supervision must be submitted along with application for reinstatement of certification; and Complete four hours of direct supervision within two weeks following reinstatement. Valid proof of completion of supervision hours must be submitted within 3 weeks of reinstatement of certification. | 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. interests. | Up-to six-month suspension, and proof of completion of nine hours of education in ethics. | Permanent revocation of Peer Support Specialist certification. |
| K4/5 | Mandated Reporting | Up to six-month suspension; proof of completion of six hours of education in ethics; and proof of completion of eight hours of education in mandated reporting. | Revocation/ permanent denial of licensure, certification, or registration; fees forfeited. |
| 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 and proof of completion of nine hours of education relevant to the nature of the offense as determined by the CO. | Permanent revocation of Peer Support Specialist certification. |