LEAP Info

Posted 11/20/2015

The following Rules are up for re-adoption by the NC Board of Employee Assistance Professionals. If you have any public comment on these rules, please contact Jo Yarbrough (contact information at the bottom). A public Hearing will be held on February 15th at 11:30am at the office of Randolph E Cloud and Associates, 1046 Washington Street, Raleigh, NC 27605.   The Rules can be read here.

 

Posted 2/23/2015:

  • House Bill 74, passed by the General Assembly as part of regulatory reform in 2013, requires all agencies, including the NC Board of Employee Assistance Professionals, to periodically review every rule under their authority as part of the NC Administrative Code.Through this review, each agency must classify each rule as:1)“Necessary with substantive public interest,” meaning the rule is needed but there are known or suspected concerns about it from the public;2)“Necessary without substantive public interest,” meaning the rule is needed and there are no known concerns from the public; or3)“Unnecessary,” meaning the rule is no longer needed.The initial report is linked here to allow for a 60-day comment period. At the end of the comment period, we will review the comments and make any necessary changes to our classifications. This will be turned into the Rules Review Commission, which will review the report, comments and agency response. After the commission either agrees or disagrees with the report, the commission will send it to the Joint Legislative Administrative Procedure Oversight Committee (APO). The determinations will be final after consultation with APO or on the 61st day after the report is submitted to APO if the committee does not meet.Rules determined to be “necessary with substantive public interest” will have to be readopted through the process laid out in the Administrative Procedure Act. Rules determined to be “necessary without substantive public interest” will remain in the N.C. Administrative Code without any further action. Rules determined to be “unnecessary” will be repealed automatically.If you have comment to the NCBEAP’s initial review of the Administrative Code, please contact Jo Yarbrough. jo.yarbrough@dhhs.nc.gov

 

Licensure (LEAP) Reimbursement Initiative
EAPA-NC Chapter Members

The goals of the Board of EAPA-NC during the strategic planning meeting, which is held in May of each year, are to plan and identify actions that not only benefit our membership, but to further promote the interests of the profession.

As members know, in the mid 1990s EAPA North Carolina Chapter successfully sponsored a licensure bill and we are one of only two states to have achieved that goal. It was expensive and time consuming, but individual members and the Board as a whole worked in concert with a lobbying agency for this recognition by the legislature.

Reimbursement Plan

The NC Chapter of Employee Assistance Professionals will underwrite the cost of members who are CEAPs who apply for the LEAP.

Reimbursement will be available until the funding has been exhausted.  No chapter member can participate more than once. A check for the cost of the  new application ($100.00) will be sent to the member. To receive reimbursement payment, just copy your new license , along with a request for reimbursement, and mail it to NC EAPA chapter treasurer:

 
 

Employee Assistance Professionals Licensure BoardThe Employee Assistance Professionals Licensure Board is an independent agency of the state. Read the full text of NC Bill 779 which created the LEAP.

The LEAP Board meets the last month of each quarter. ALL applications (new and renewal) MUST BE POSTMARKED by the last day of the previous month in that quarter.(i.e. LEAP Board meeting June 18, the application must be postmarked May 31.) For information concerning LEAP in North Carolina, please contact one of the following:

 

NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES

Division of Mental Health, Developmental Disabilities and Substance Abuse Services

NORTH CAROLINA BOARD OF EMPLOYEE ASSISTANCE PROFESSIONALS

MEMBERSHIP – 2015 – 2016

Barden Culbreth
Randolph E. Cloud & Associates
PO Box 10972
Raleigh, NC  27605
Ph:    919.821.1004
Fax:  919.833.5743
email:  barden@recanc.com 
Jacquelyn Betts, MSW, LCAS, LEAP
1714 Back Creek Court
Asheboro, NC 27205
Ph:    336.629-5606
e-mail: jbetts001@triad.rr.com
 Linda S. Lucas, LCSW, LEAP
PO Box 2516
Asheville, NC  28802
Ph.:  336.288.1149
Fax: 336.691.9542
email: lindasl62@aol.com
 
Tess Lineback, M.ED., LPC,LEAP, DCC
106-D Ridgeview Dr.
Cary NC  27511
Voice Mail:  919.786.3142
Ph.:  919.467.9995
Fax:  919.467.8653
e-mail:  tess@tesslineback.com
Terry Newsom, LEAP
PO Box 639
Littleton, NC  27850
Ph.:  252.578.6661
e-mail:  tnewsom@3rddoor.com
Josephine Tetteh, Assistant Attorney General

NC Department of Justice
P.O. Box 629
Raleigh, NC 27602
Ph.: 919.716.6875
e-mail: JTetteh@ncdoj.gov

SUPPORT STAFF
  Jo Yarborough,
Administrative Officer
NC Department of Health & Human Services
Division of MH/DD/SAS
3007 Mail Service Center
Raleigh, NC 27699-3007
Ph.: 919.733.4670
Fax: 919.733.4556
e-mail  jo.yarborough@dhhs.nc.gov
 
 

Download the Code of Conduct in Microsoft Word document format. (Approx. 63k)

North Carolina Board of Employee Assistance Professionals

CODE OF PROFESSIONAL CONDUCT for LICENSED EMPLOYEE ASSISTANCE PROFESSIONALS


PREAMBLE The Licensed Employee Assistance Professional (LEAP) provides to employers and Unions the most effective Employee Assistance Program (EAP) services for employees and family members whose personal problems negatively affect their work and well being.

The LEAP, by necessity interacts with the workplace, the employee, the community and the employee assistance profession. He/she is required to adhere to a strict code of professional conduct, beyond the prevailing standards for professional practice, which calls for placing the employee’s interest above self.

These rules of professional conduct includes by title: The EAPA Code of Ethics and the minimum Standards as set forth in House Bill 779, Article 31, of the General Assembly of North
Carolina.

The rules of professional conduct presented here are grouped under each of the four types of interactions listed above:


CODE OF CONDUCT

1. THE WORKPLACE

  • A. Confidentiality: The LEAP will respect confidential business communication from labor and management representatives and will not disclose such information without prior consent.
  • B. Employee Assistance Program Services: The LEAP is responsible for recognizing his/her professional limitations and, when providing services ­ i.e., organizational assessment, training, health benefits design, wellness programming, research and program evaluation, and management of organizational transitions ­ for which he/she is not competent, works only under the supervision of a qualified person.
  • C. Human Resource Management: The LEAP will seek to use all appropriate organizational resources in resolving job performance problems due to an employee’s personal problems. The goal is to seek solutions for returning the employee to acceptable levels of work performance.
  • D. Program Policy and Procedures: The LEAP will consult with labor and management representatives with a goal of integrating EAP program, policy and procedures with other organizational policies, procedures operations and labor contracts.
  • E. Supervisory/Union Intervention: The LEAP will provide consultation to labor and management representatives on the constructive confrontation technique to help employees whose personal problems are affecting work performance and attendance.

2. THE EMPLOYEE

  • A. Confidentiality:
    • 1. The LEAP will treat all employee and family member information as confidential.
    • 2. Each employee or family member will be informed fully as to the scope of and limitations on confidential communications elicited during the assessment, referral and treatment process.
    • 3. Such information received in the course of and for the purpose of assessment, referral or treatment will not be disclosed without written consent except when such failure to disclose would likely result in the imminent threat of serious bodily harm to self or others; or as otherwise required by law.
  • B. Services:
    • 1. The LEAP will provide consultation, training, assessment, referral and follow-up services which the LEAP is competent to provide and which are agreed to by the work organization.
    • 2. The LEAP will refer employees and family members to the most cost beneficial community resources, taking into consideration the nature and severity of the problem, treatment resources, and availability of health care benefit coverage.
  • C. Personal Problems:
    • 1. The LEAP will consider all aspects of personal problems including physical, psychological, social, cultural and spiritual aspects.
    • 2. The LEAP will maintain a focus on alcohol and drug problems in the workplace not to the exclusion of other problems but recognizing alcohol and drugs often cause or influence other problems.
  • D. Communications:
    • 1. The LEAP will develop means to communicate to employees and family members the availability of and the means to access EAP services.
  • E. Records and Reporting:
    • 1. The LEAP will maintain individual records in a confidential and professional manner for possible audit by an authorized third party.
    • 2. The LEAP will report program activities to the work organization without violating confidentiality.
  • F. Employee Protection: The LEAP will recognize that the relationship betweenthe EAP provider and the employee is based on trust, confidence and respect for the employee’s legal rights. As such, the LEAP will:
    • 1. Not discriminate in assessment and referral on the basis or race, religion, age, national origin, physical handicap, gender or sexual preference.
    • 2. Make full disclosure of the functions and purposes of the Employee Assistance Program as well as any affiliation with a proposed therapist or treatment program.
    • 3. Not give or receive financial consideration for referring employees to particular therapists or treatment programs.
    • 4. Not engage in sexual conduct with clients.
    • 5. Not act in any manner to compromise a professional relationship.

3. THE COMMUNITY

  • A. Cost Beneficial Services: The LEAP will identify and utilize the community resources which provide the best quality care at the most reasonable cost.
  • B. Accountability: The LEAP will maintain a professional relationship with community resources and hold them accountable for the delivery of the services as agreed.
  • C. Insurance and Benefits: The LEAP will advocate and consult with community treatment providers and risk underwriters and corporate benefits manager to secure equitable coverage for the treatment of psychiatric, alcohol, and drug problems and other conditions.
  • D. Confidentiality: The LEAP will make representations to the community on behalf of a particular EAP only when authorized to so do by the affected parties.

4. THE PROFESSION

  • A. Testing: The LEAP will not distribute, copy, or possess the Certification Examination for Employee Assistance Professionals (CEAP exam) or any of its questions or answers without authorization by the Employee Assistance Certification Commission (EACC). Failure of the LEAP to recertify will automatically result in a revokation of his/her license.
  • B. Certification: The LEAP will use his or her certification only as evidence of meeting the requisite standard of knowledge for competency in EAP practice as defined by the Employee Assistance Certification Commission.
  • C. Competency: The LEAP will advocate and maintain competency in employee assistance programming consistent with changes in knowledge in the field.
  • D. Standards: The LEAP will abide by all the rules of professional conduct prescribed by the LEAP’s other professional organizations.
  • E. Advocacy: The LEAP will advocate the treatment of stigmatized problems as equitably as other personal problems in the workplace.
  • F. Advertising: The LEAP, in advertising his or her services to the public, will ensure that such advertising is neither fraudulent nor misleading. Continued use of CEAP and LEAP designations after failing to requalify is an example of such conduct.
  • G. Statements to the Commission: The LEAP will refrain from any misleading, inaccurate or false statements to the Employee Assistance Certification Commission and/or the North Carolina Board of Employee Assistance Professionals (NCBEAP).
  • H. Violations: The LEAP will report alleged violations of the Code of Professional Conduct by other Employee Assistance Professionals to the EACC and or the NCBEAP if the alleged subject of the complaint is credential and/or licensed by either of these bodies.
  • I. Professional Conduct: The LEAP will cooperate reasonably with the investigation of a disciplinary matter consistent with the Code of Professional Conduct.

RULES AND PROCEDURES

1. RESPONSIBILITY AND OBJECTIVES OF THE BOARD

  • 1.1 Responsibilities: The North Carolina Board of Employee Assistance
    Professionals shall:

    • 1.11 Develop rules of professional conduct for Licensed Employee Assistance Professionals in the State of North Carolina.
    • 1.12 Receive and investigate complaints of unprofessional conduct.
    • 1.13 Resolve complaints of unprofessional conduct and recommend such other action as is necessary to achieve the objectives of the Board.
    • 1.14 Report to the Employee Assistance Certification Commission on types of complaints investigated with special attention to difficult cases.
    • 1.15 Request from Employee Assistance Certification Commission any relevant information on any complaint or investigation.
    • 1.16 Notify Employee Assistance Certification Commission regarding the resolution of each case.
    • 1.17 Adopt procedures governing the functions of the Board.
  • 1.2 Objectives: The fundamental objectives of the Board are to enforce the Code of Professional Conduct (hereinafter the Code) and to protect the public against unprofessional conduct by Licensed Employee Assistance Professionals (hereafter LEAPS).

2. NATURE OF AUTHORITY

  • 2.1 Power to Investigate: The Board has the power to investigate allegations of unprofessional conduct that may be harmful to colleagues, the public or that may be otherwise contrary to the objectives of the EAP profession. Continued use of the LEAP designation after failing to recertify is an example of such conduct.
  • 2.2 Choice of Procedure: The Board shall be the sole judge of whether the allegations set forth in a complaint may constitute violations under Section 5.16, whether a matter can be disposed of under Section 6.1, whether formal charges shall be brought under Section 6.2, or whether evidence warrants further action by the Board.
  • 2.3 Available Disciplinary Action:
    • 2.31 Revoking License: Upon determination by the Board, a formal charge, as defined in Section 6.2, may be brought against a LEAP. After the procedures delineated in Section 6 have been satisfied, the LEAP’s license may be revoked or some lesser sanction imposed.
    • 2.32 Permitted Resignation: Upon recommendation by the Board, the LEAP may be permitted to voluntarily surrender his/her license.
    • 2.33 Board Action: The Board may place on probation,reprimand or censure the LEAP. The Board may also request the LEAP cease the challenged conduct, accept supervision or seek appropriate counseling or treatment assistance.
  • 2.4 Confidentiality:
    • 2.41 Disclosure of Information: All information concerning complaints against LEAPs shall be confidential except that the Board shall be permitted to disclose such information when compelled; by a validly issued subpoena or when otherwise required by law.
    • 2.42 Notification of Final Action: The Board shall inform the complainant, the EACC and the LEAP of its action and the basis for its action when the matter is decided including, where appropriate, the particular rule(s) of professional conduct that were violated.
    • 2.43 Notification of Closing Case: If the Board votes to close a case, it shall so inform the complainant, the EACC, and the LEAP.
  • 2.5 Records:
    • 2.51 Handling, Storage and Destruction: The Board shall establish procedures to ensure confidentiality in the handling, storage and destruction of its records.

3. LEAPS CONVICTED OF OR CHARGED WITH FELONIES OR DISCIPLINED IN OTHER AUTHORIZED TRIBUNALS

  • 3.1 Review of Records and Suspension: Where the Board finds that a LEAP has been convicted of a felony and such conviction is not under appeal, the Board shall review the record leading to conviction and may thereafter suspend license without further proceedings. Where the Board finds that a LEAP has been charged with a felony, such charge shall neither require or preclude action by the Board.
  • 3.2 Expulsion, Suspension or Revocation by Board: Where the Board finds that a LEAP has been expelled or suspended for unethical or unprofessional conduct from a national, regional or state professional association or has had a license or certificate revoked on ethical grounds by a licensing or certifying authority, the Board shall review the record leading to these sanctions and may suspend license.
  • 3.3 Effect of Suspension: Upon suspension, the LEAP shall be afforded the opportunity in writing, or at the Board’s discretion through personal appearance, to show good cause why he or she should not face revocation of license.
  • 3.4 Revocation of license: Following a LEAP’s response, or after expiration of thirty (30) days without a response, the Board shall decide whether to revoke the license or to impose a lesser sanction.
  • 3.5 No Recommended Revocation: Where the Board votes not to revoke a license, it shall have the option to follow its usual procedures for imposing a lesser sanction.

4. DISCIPLINARY PROCEDURES: INITIAL CONSIDERATION

  • 4.1 Complaints:
    • 4.11 Documents: Complaints may be submitted by any party claiming to be aggrieved by the professional conduct of a LEAP or by any national, regional or state professional association to which the LEAP is a member, or by any state licensing or certifying authority in the public interest.
    • 4.12 Previous Steps: The Complaint shall inform the Board of previous steps, if any, that have been taken with respect to the alleged unethical or unprofessional conduct.
    • 4.13 Board Initiative: The Board may proceed on its own initiative when a LEAP appears to have violated the Code.
    • 4.14 Anonymous Complaints: The Board may not act solely on the basis on anonymous complaints.
    • 4.15 Supplementary Information: The Board through correspondence or otherwise seek supplementary information from the complainant or others when necessary to evaluate the substance of the allegations.
    • 4.16 Board Initial Review of a Complaint: The Board may, within thirty (30) days after receipt of the complaint, determine whether the allegations set forth in the complaint constitute violations under the Code of Professional Conduct. If the Board determines that the allegations set forth in the complaint do not constitute violations under the Code of Professional Conduct, then the Board may conclude further action is not warranted. In such cases, the complainant will be notified in writing within thirty (30) days of the Board’s determination.

5. DISCIPLINARY PROCEDURES: INITIAL ACTION

  • 5.1 Communicating with LEAP:
    • 5.11 Notification to LEAP: Should the Board agree that a possible violation of the Code has occurred, it shall so inform the LEAP in writing.
    • 5.12 Contents of Communication:
    • 5.121 Complaint and Code: A precise description of the behavior involved in the complaint, including the specific Sections of the Code that the LEAP is alleged to have violated.
    • 5.122 Request for Reply: A request for a reply within thirty (30) days of receipt ­ containing as complete information as possible concerning the complaint.
    • 5.123 Documents: A copy of the Code of Professional Conduct and the Board’s Rules and Procedures.
    • 5.124 Complainant’s Name: The name of the complainant unless the Board has proceeded on its own initiative.
    • 5.125 Future Record: A statement that information submitted by the LEAP shall become part of the record in the case, which could be used in further proceedings.
    • 5.13 LEAP’S Response.
    • 5.131 Personal and Timely Response: The LEAP is required to respond as completely as possible, in writing, personally and within thirty (30) days.
    • 5.l32 Lack of Cooperation: Failure or unwarranted delay for responding or lack of cooperation shall in no way prevent continuation or conclusion of the proceedings.
  • 5.2 Action on Response:
    • 5.21 Closing of Case: Within ninety (90) days of receipt of the LEAP’s written response, the Board may determine that the complaint has no basis in fact, is insignificant or is likely to be corrected and may close the case without further action.
    • 5.22 Closed Case: If the case is closed, the Board shall so inform the complainant, the EACC, the LEAP, and other licensure/certification bodies as appropriate.

6. DISCIPLINARY PROCEDURES: DISPOSITION OF COMPLAINTS

  • 6.1 Disposition within Board: Should the Board decide to dispose of the case, it may adopt any one or more of the following methods or take any other appropriate action. It may issue or require:
    • 6.111 Cease and Desist Order: Require the LEAP to cease and desist the challenged behavior.
    • 6.112 Reprimand: When the Board finds that there has been a Code violation, but no damage to another person, the public or the profession.
    • 6.113 Censure: When the Board finds that there has been a code violation, but no damage to another person, the public or the profession.
    • 6.114 Supervision: When the Board concludes that the LEAP requires supervision.
    • 6.115 Counseling Assistance: The LEAP who has a personal problem, including chemical dependencies, will be directed to rehabilitation along with any disciplinary action taken consistent with the violation.
    • 6.116 Probation: When the Board undertakes actually and systematically to monitor, for a specific length of time, the degree to which the LEAP complied with the Board’s requirements.
    • 6.117 Referral: When the Board concludes it appropriate to refer the matter to a national, regional or state professional association and (or) a state licensing or certifying authority.
    • 6.12 Acceptance: The LEAP shall have thirty (30) days after notification to respond in writing to the Board’s determination. Should the LEAP accept the determination, the Board shall notify the complainant of the disposition ­ including the conditions (if any) specified and the Sections of the Code violated.
  • 6.2 Formal Charges:
    • 6.21 Definition: A formal charge is a statement by the Board that it has probable cause to believe that the LEAP has violated one or more Sections of the Code.
    • 6.22 Choice of Formal Action: The Board may elect to take a formal action either:
    • 6.221 LEAP Rejects Informal Determination: When the LEAP fails to accept the informal disposition under Section 6.1; or
    • 6.222 Direct Formal Action: After consideration of all materials gathered under Section 5.6.23 Contents of Charge: The formal charge to the Board shall contain the following:
    • 6.231 Description and Code Violations: A description of the nature of the complaint, the conduct in question and citation to the specific Section(s) of the Code alleged to have been violated.
    • 6.232 Sanction Recommended: The disciplinary sanction recommended.
    • 6.233 Documents: A copy of the Code of Professional Conduct and the Board’s Rules and Procedures.
    • 6.24 Requested Hearing: Within thirty (30) days after receipt of the formal charges, the LEAP has the right to request, in writing, a hearing.
    • 6.25 No Requested Hearing: Should the LEAP not request a hearing or not respond in thirty (30) days, the right to a hearing is waived. The Board shall consider all available evidence and make a final determination Whereupon, the Board shall transmit its decision, by majority vote, to the EACC and the complainant.
  • 6.3 Procedures for Formal Hearing:
    • 6.31 Board Composition: At least three (3) members of the Board shall participate in adjudicating formal charges.
    • 6.32 Date of Hearing: The Board shall set a date for the hearing within sixty (60) days from receiving a hearing request.
    • 6.33 Confidentiality: The proceeding shall be held in private and deemed confidential.
    • 6.34 Documents and Witnesses: At least thirty (30) days prior to the hearing, the LEAP and the Board shall exchange copies of all documents, the names of witnesses and their expected testimony to be offered at the hearing.
    • 6.35 Rights of Counsel and Cross-Examination: At the LEAP’s expense, he or she may be represented by counsel, present witnesses and cross-examine any witnesses offered by the Board.
    • 6.36 Rule of Evidence: Formal rules of evidence shall not apply. All evidence that is relevant as determined by counsel for the Board shall be admissible.
    • 6.37 Legal Counsel to the Board: The Board may use legal counsel to advise it on matters of procedure and admission of evidence.
    • 6.38 Board Determination: Within thirty (30) days after the hearing is concluded, the Board shall determine whether the LEAP shall be cleared of the charges, disciplined or have his/her license revoked. This decision by majority vote shall be transmitted in writing to the EACC and the complainant.

7. Report of Final Decision

  • 7.l Notification to Complainant, the EACC, and the LEAP: The Board shall inform the complainant, the EACC, and the LEAP of its final action(s) including those Sections of the Code were judged to be violated and the basis for the Board’s action(s).
  • 7.2 Notification to Profession: The Board shall report in the next issues of the professional publication of NCEAPA “The Liner” the name(s) of any LEAP whose license has been revoked by the Board.
  • 7.3 Notification to Others: The Board shall also notify interested national, regional and state professional associations as well as state licensing and certifying authorities; and on request any interested person where it deems such notification is necessary for the protection of the public or to maintain the standards of the Board. In all cases, the Board will notify the Employee Assistance Certification Commission (EACC).

EAP/LCBD/CodeofConduct.01/22/2002 9:37 PM