State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-509

§ 90‑509.  Otherprohibited activities.

The Board may deny, suspend, or revoke any license, or otherwisediscipline an applicant or holder of a license who the Board finds engaged inone or more of the following activities:

(1)        Willfully or repeatedly violating any provision of thisArticle or any rule of the Board adopted pursuant to this Article.

(2)        Fraudulently or deceptively procuring or attempting toprocure a license, presenting evidence of qualification to the Board, orprocessing the examination to secure a license.

(3)        Willfully failing to display a license.

(4)        Fraudulently or deceptively misrepresenting or engaging indishonest or illegal practices in or connected with the practice of employeeassistance.

(5)        Circulating knowingly untrue, fraudulent, misleading, ordeceptive advertising.

(6)        Engaging in gross malpractice, or a pattern of continued orrepeated malpractice, ignorance, negligence, or incompetence in the course ofthe practice of employee assistance.

(7)        Unprofessionally or unethically engaging in practices inconnection with the practice of employee assistance, which activities are inviolation of the standards of professional conduct prescribed by the Board.

(8)        Engaging in conduct reflecting unfavorably upon theprofession of employee assistance professionals.

(9)        Willfully making any false statement as to material in anyoath or affidavit when such statement is required by this Article.

(10)      Being convicted of a felony five years prior to applying fora license or while licensed.

(11)      Permitting or allowing another to use another person'slicense for the purpose of providing or offering employee assistance services.

(12)      Engaging in practice under a false or assumed name, orimpersonating another practitioner of a like, similar, or different name.

(13)      Failing to inform clients fully about the limits ofconfidentiality in a given situation, the purposes for which information isobtained, and how it may be used.

(14)      Referring a client to further obtain services from a sourcethat would directly or indirectly financially profit the referring licensedemployee assistance professional when these services are not in the bestinterest of the client.

(15)      Denying a client's reasonable requests for access to anyrecords concerning the client, or, when providing clients with access torecords, failing to take due care to protect the confidences of otherinformation contained in those records.

(16)      Failing to obtain the informed consent of a client beforetaping, recording, or permitting third‑party observation of the client'sactivities.

(17)      Failing to clarify the nature and directions of an employeeassistance professional's loyalties and responsibilities as mandated by law andas mandated by their contractual agreement with a company.

(18)      Failing to fully inform consumers as to the purpose andnature of evaluative research, treatment, or educational training or failing tofreely acknowledge that a client, student, or participant in research hasfreedom of choice with regard to his or her participation.

(19)      Failing to attempt to terminate a consulting relationshipwhen it is reasonably clear that the relationship is not benefiting theconsumer. An employee assistance professional who finds that his or herservices are being used by employers beyond their contractual agreement, orbeyond their licensed qualification, in a way that is not beneficial to theparticipants, shall make his or her observations known to the responsiblepersons and propose modification or termination of the engagement. Uponrequest, the Board shall advise and clarify in regard to such matters within areasonable amount of time, and shall not revoke the employee assistanceprofessional's license.

(20)      Consenting through a contractual agreement to provideservices such as prolonged therapy, that the employee assistance professionalis not licensed to provide. (1995 (Reg. Sess., 1996), c. 720, s. 1.)