(1) Pursuant to 37-1-319 and 37-22-201, MCA, the board adopts the following professional and ethical standards for CBHPSSs to ensure their ethical, qualified, and professional practice for the protection of the general public. These standards supplement current applicable statutes and rules of the board. A violation of the following is considered unprofessional conduct as set forth elsewhere in rule, and may subject the CBHPSS to such penalties and sanctions provided in 37-1-136, MCA.

(2) All CBHPSSs shall:

(a) act in a way that encourages and promotes recovery for themselves and those they serve without placing judgment on the recovery path of others;

(b) share their own recovery story in a manner that promotes recovery, instills hope, and is a benefit to those they are serving;

(c) always use first person or recovery language and encourage this practice in others;

(d) engage in resolving concerns in a respectful and professional manner;

(e) maintain high standards of personal and professional conduct, always acting in a way that represents peer support in a positive and beneficial light;

(f) act as a positive role model in recovery;

(g) conduct themselves in a way that fosters their own recovery. CBHPSSs shall take personal responsibility to seek support and manage their wellness;

(h) provide clients with accurate and complete information regarding the extent and nature of the services available to them;

(i) terminate services and professional relationships with clients when such services and relationships are no longer required or where a conflict of interest exists;

(j) make every effort to keep scheduled appointments;

(k) notify clients promptly and seek the transfer, referral, or continuation of services pursuant to the client's needs and preferences if termination or interruption of services is anticipated;

(l) attempt to make appropriate referrals pursuant to the client's needs;

(m) obtain informed written consent of the client or the client's legal guardian and supervisor approval prior to the client's involvement in any research project of the CBHPSS that might identify the client or place the client at risk;

(n) obtain informed written consent of the client or the client's legal guardian and supervisor approval prior to taping, recording, or permitting third-party observation of the client's activities that might identify the client or place the client at risk;

(o) safeguard information provided by clients. Except where required by law or court order, a CBHPSS shall obtain the client's informed written consent prior to releasing confidential information;

(p) disclose the estimated fees and/or the method of fee calculation to the client or prospective client, and obtain written acknowledgement of the disclosure;

(q) respect and protect the confidentiality, rights, and dignity of those they serve;

(r) advocate for those they serve unless it would threaten the safety, security, or recovery of others;

(s) take proper and adequate measures to prevent, report, and correct unethical conduct;

(t) follow all state and federal laws including the Health Insurance Portability and Accountability Act (HIPAA) and 42 CFR part 2;

(u) as mandatory reporters, report elder abuse and child abuse to appropriate authorities and supervisors;

(v) disclose any pre-existing relationships, sexual or otherwise, to immediate supervisor prior to providing services to that individual; and

(w) report risk of imminent harm to self or others to the proper authorities and to their supervisor. When reporting, the minimum amount of information necessary will be given to maintain confidentiality.

(3) A CBHPSS shall not:

(a) commit fraud or misrepresent services performed;

(b) engage or offer advice on the matters of diagnosis, treatment, or medications;

(c) divide a fee or accept or give anything of value for receiving or making a referral;

(d) violate a position of trust by knowingly committing any act detrimental to a client;

(e) engage in or promote behaviors or activities that would jeopardize the CBHPSS's recovery or the recovery of those they serve;

(f) participate in bartering, unless bartering is considered to be essential for the provision of services negotiated without coercion, and entered into at the client's initiative and with the client's informed consent. A CBHPSS who accepts goods or services from a client as payment for professional services assumes the full burden of demonstrating that this arrangement will not be detrimental to the client or the professional relationship;

(g) exploit in any manner the professional relationships with clients or former clients, supervisees, supervisors, students, employees, or research participants;

(h) engage in or solicit sexual contact with a client or commit an act of sexual misconduct or a sexual offense if such act, offense, or solicitation is substantially related to the qualifications, functions, or duties of the CBHPSS;

(i) enter into sexual or personal relationships with a client or a client's immediate family member;

(j) condone or engage in sexual harassment. Sexual harassment is defined as deliberate or refuted comments, gestures, or physical contact of a sexual nature that are unwelcome by the recipient;

(k) discriminate in the provision of services on the basis of race, creed, religion, color, sex, physical or mental disability, marital status, age, or national origin;

(l) abuse, harass, demean, or discriminate against others based on race, culture, religion, age, gender, gender identity, disability, nationality, sexual orientation, or economic condition;

(m) provide professional services while under the influence of alcohol or other mind-altering or mood-altering drugs which impair delivery of services; or

(n) engage in any advertising which is in any way fraudulent, false, deceptive, or misleading.