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. A primary topic at this year's meeting was the diminishing number of new and renewing
licensees. We are working with the NCLBEAP (North Carolina Licensure Board of Employee Assistance
Professionals) to develop a plan to strengthen this credential and increase the number of CEAPs who have
earned it. This will take time to adequately address.
Reimbursement Plan
The NC Chapter of Employee Assistance Professionals will underwrite the cost of members who renew their
LEAP and the costs of those member CEAPs who apply for the LEAP.
Reimbursement will be retroactive until January 1, 2007 and continue for a period of three years, ending
December 31, 2009. No chapter member can participate more than once. A check for the cost of the LEAP renewal
($75.00) or new application ($100.00) will be sent to the member. To receive reimbursement payment, just copy
your license that has a new or renewal date between 2007 and 2009, along with a request for reimbursement, and
mail it to NC EAPA chapter treasurer:
Dawn Klug
EA Network
86 Victoria Road
Medical Building B
Asheville, NC 28801
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
Gary B. Bailey, LEAP, LLC
Alamance Life Works
291 N. Graham-Hopedale Road
Burlington, NC 27212
Ph.: 336.228.0793
e-mail:
Lisa Corbett, Assistant Attorney General
Attorney General's Office
P.O. Box 629
Raleigh, NC 27602
Ph.: 919.716.6860
Fax: 919.716.6756
e-mail:
SUPPORT STAFF
Vicki Harrington
Interim EAP Team Leader
NC Department of Health & Human Services
Division of MH/DD/SAS
3007 Mail Service Center
Raleigh, NC 27699-3007
Ph.: 252.355.9034
Fax: 919.733.4556
e-mail:
Jo Yarbrough
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:
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 between
the 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.
6.112Reprimand: When the Board finds that there
has been a Code violation, but no damage to another person, the
public or the profession.
6.113Censure: 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:
6.221LEAP Rejects Informal Determination: When
the LEAP fails to accept the informal disposition under Section
6.1; or
6.222Direct 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:
6.231Description 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.
6.232Sanction Recommended: The disciplinary
sanction recommended.
6.233Documents: 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).
