MMGA Proposes Code of Ethics For Caregivers

Caregiver Code of Ethics

A code of ethics is a set of guidelines which are designed to set out acceptable behaviors for members of a particular group, association, or profession. Many organizations govern themselves with a code of ethics. In addition to setting a professional standard, a code of ethics can also increase confidence in an organization by showing outsiders that members of the organization are committed to following basic ethical guidelines in the course of doing their work.
Preamble
The preservation of the highest standards of integrity and ethical principles is vital to the responsible discharge of obligations by medical marijuana caregivers in the State of Montana. This Code of Ethics sets forth the fundamental principles and rules considered essential to this purpose.
Every individual who is (a) registered caregiver as licensed by the Montana Department of Public Health and Human Services, (b) a medical professional recommending the use of medicinal marijuana, (c) an applicant for licensing as a medical marijuana caregiver, or (d) a person working within the medical marijuana industry, shall abide by this Code of Ethics.
Any violation of the spirit and purpose of this Code shall be considered unethical. Failure to specify any particular responsibility or practice in this Code of Ethics shall not be construed as denial of the existence of such responsibilities or practices.
The fundamentals of ethical conduct are described by Principles of Ethics and by Rules of Ethics as they relate to the responsibility to persons served, the public, registered caregivers, and to the conduct of research and scholarly activities.
Principles of Ethics, aspirational and inspirational in nature, form the underlying moral basis for the Code of Ethics. Individuals shall observe these principles as affirmative obligations under all conditions of professional activity.
Rules of Ethics are specific statements of minimally acceptable professional conduct or of prohibitions and are applicable to all individuals.
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Principle of Ethics I
Individuals shall honor their responsibility to hold paramount the welfare of persons they serve professionally or who are participants in research and scholarly activities, and they shall treat all involved in research in a humane manner.________________________________________
Rules of Ethics
1. Individuals shall provide all services competently.
2. Individuals shall use every resource, including referral when appropriate, to ensure that high-quality service is provided.
3. Individuals shall not discriminate in the delivery of professional services or the conduct of research and scholarly activities on the basis of race or ethnicity, gender, gender identity/gender expression, age, religion, national origin, sexual orientation, or disability.
4. Individuals shall not misrepresent the credentials of assistants, technicians, support personnel, or any others under their supervision.
5. Individuals who are registered with the State as medical marijuana caregivers may delegate tasks related to provision of services to others only if those services are appropriately supervised. The responsibility for client welfare remains with the registered individual.
6. Individuals shall fully inform the persons they serve of the nature and possible effects of services rendered and products dispensed, and they shall inform participants in research about the possible effects of their participation in research conducted.
7. Individuals shall evaluate the effectiveness of services rendered and of products dispensed, and they shall provide services or dispense products only when benefit can reasonably be expected.
8. Individuals shall not guarantee the results of any treatment or procedure, directly or by implication; however, they may make a reasonable statement of prognosis.
9. Individuals shall not provide clinical services solely by correspondence.
10. Individuals shall adequately maintain and appropriately secure records of professional services rendered, research and scholarly activities conducted, and products dispensed, and they shall allow access to these records only when authorized or when required by law.
11. Individuals shall not reveal, without authorization, any professional or personal information about identified persons served professionally or identified participants involved in research and scholarly activities unless doing so is necessary to protect the welfare of the person or of the community or is otherwise required by law.
12. Individuals shall not charge for services not rendered, nor shall they misrepresent services rendered, products dispensed, or research and scholarly activities conducted.
13. Individuals shall enroll and include persons as participants in research or teaching demonstrations only if their participation is voluntary, without coercion, and with their informed consent.
14. Individuals whose professional services are adversely affected by substance abuse or other health-related conditions shall seek professional assistance and, where appropriate, withdraw from the affected areas of practice.
15. Individuals shall not discontinue service to those they are serving without providing reasonable notice.
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Principle of Ethics II
Individuals shall honor their responsibility to achieve and maintain the highest level of professional competence and performance.
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Rules of Ethics
1. Individuals shall engage in the provision of services only when they hold the appropriate licensing and State registration or when they are in the registration process and are supervised by an individual who holds the appropriate licensing and registration.
2. Individuals shall engage in only those aspects of the areas that are within the scope of their professional practice and competence, considering their level of continuing education, training, and experience.
3. Individuals shall engage in lifelong learning to maintain and enhance professional competence and performance.
4. Individuals shall not require or permit their professional staff to provide services or conduct research activities that exceed the staff member's competence, level of education, training, and experience.
5. Individuals shall ensure that all equipment used to provide services or to conduct research and scholarly activities is in proper working order and is properly calibrated.
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Principle of Ethics III
Individuals shall honor their responsibility to the public by promoting public understanding of the industry, by supporting the development of services designed to fulfill the unmet needs of the public, and by providing accurate information in all communications involving any aspect of the industry, including the dissemination of research findings and scholarly activities, and the promotion, marketing, and advertising of products and services.
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Rules of Ethics
1. Individuals shall not misrepresent their credentials, competence, education, training, experience, or scholarly or research contributions.
2. Individuals shall not participate in professional activities that constitute a conflict of interest.
3. Individuals shall refer those served professionally solely on the basis of the interest of those being referred and not on any personal interest, financial or otherwise.
4. Individuals shall not misrepresent research, diagnostic information, services rendered, results of services rendered, products dispensed, or the effects of products dispensed.
5. Individuals shall not defraud or engage in any scheme to defraud in connection with obtaining payment, reimbursement, or grants for services rendered, research conducted, or products dispensed.
6. Individuals' statements to the public shall provide accurate information about the nature and management of the medical marijuana industry, about medical marijuana, about professional services, about products for sale, and about research and scholarly activities.
7. Individuals' statements to the public when advertising, announcing, and marketing their professional services; reporting research results; and promoting products shall adhere to professional standards and shall not contain misrepresentations.
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Principle of Ethics IV
Individuals shall honor their responsibilities to the industry and their relationships with colleagues, and members of other professions and disciplines.
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Rules of Ethics
1. Individuals shall uphold the dignity and autonomy of the industry, maintain harmonious interprofessional and intraprofessional relationships, and accept the professions' self-imposed standards.
2. Individuals shall prohibit anyone under their supervision from engaging in any practice that violates the Code of Ethics.
3. Individuals shall not engage in dishonesty, fraud, deceit, or misrepresentation.
4. Individuals shall not engage in any form of unlawful harassment, including sexual harassment or power abuse.
5. Individuals shall not engage in any other form of conduct that adversely reflects on the industry or on the individual's fitness to serve persons professionally.
6. Individuals shall not engage in sexual activities with clients, students, or research participants over whom they exercise professional authority or power.
7. Individuals' statements to colleagues about professional services, research results, and products shall adhere to prevailing professional standards and shall contain no misrepresentations.
8. Individuals shall not provide professional services without exercising independent professional judgment, regardless of referral source or prescription.
9. Individuals shall not discriminate in their relationships with colleagues, students, and members of other industries on the basis of race or ethnicity, gender, gender identity/gender expression, age, religion, national origin, sexual orientation, or disability.
10. Individuals shall not file or encourage others to file complaints that disregard or ignore facts that would disprove the allegation, nor should the Code of Ethics be used for personal reprisal, as a means of addressing personal animosity, or as a vehicle for retaliation.
11. Individuals who have reason to believe that the Code of Ethics has been violated shall inform the Board of Ethics.
12. Individuals shall comply fully with the policies of the Board of Ethics in its consideration and adjudication of complaints of violations of the Code of Ethics.