Disciplinary Policy

Disciplinary Policy

By applying for certification or recertification, Health Education Specialists recognize the authority of NCHEC to apply the Health Education Code of Ethics to those certified. If disciplinary actions are recommended as a result of an ethics investigation, the accused will be given full due process, including an appeal.

A Certified Health Education Specialist’s (CHES®) or Master Certified Health Education Specialist's (MCHES®) certification may be suspended or revoked for reason(s) deemed appropriate by NCHEC including, but not limited to, the following:

1. Falsification of the certification application
2. Falsification of any information requested by NCHEC
3. Misrepresentation of certification status
4. Cheating (or reasonable evidence of intent to cheat) on the examination
5. The conviction or plea of guilty or plea of nolo contender to a felony in a matter related to the practice of, or qualifications for, professional activity
6. Gross negligence or willful misconduct in the performance of professional services, or other unethical or unprofessional conduct based on demonstrable, verifiable, and serious violations of the Health Education Code of Ethics

Procedures 

Complaints regarding possible ethics violations of a CHES®/MCHES® must be submitted in writing to the NCHEC Executive Director. The complaint must include the accuser’s name and contact information. Individuals bringing complaints are not entitled to any relief or damages by virtue of this process, although they will receive notice of the actions taken.

1. Complaints will undergo an administrative review of documentation by the Disciplinary Committee of the NCHEC Board of Commissioners within 30 days of receipt by NCHEC to determine if the alleged action falls within the scope of disciplinary policy and warrants investigation.
2. The accused will be notified in writing of complaint within 14 days after the administrative review. Further, in the absence of unusual circumstances, the accused will receive the original complaint and documentation including the name of the accuser.
3. The accused will be given an opportunity to formally and in writing admit to or refute the accusation in 30 days from letter date, thus assuring due process in the review.
4. The investigation may require procuring additional materials and interviews with relevant people.
5. If it is determined that there was a bona fide violation of ethics, the consequences can range from a letter of reprimand with warning, requiring the accused to complete an educational intervention on ethics, suspension, or revocation of the certification. Complainant and the certificant will be notified of the final decision of the Disciplinary Committee.
6. Every effort will be made to reach a decision in a timely manner; however, extended time may be needed to ensure full due process.
7. Actions taken do not constitute enforcement of the law, although referral to appropriate federal, state, or local government agencies may be made about the conduct of the certificant in appropriate situations.
8. NCHEC will publish suspensions and revocations on the website.

Appeals of Disciplinary Action

CHES®/MCHES® who wish to appeal a decision regarding disciplinary action must do so in writing, stating the grounds for the appeal. This correspondence should be received by NCHEC within 30 days of NCHEC’s letter to the CHES®/MCHES® wherein the decision regarding disciplinary action is revealed, and should be addressed to the Executive Director.

The Disciplinary Committee is comprised of the BOC Past Chair who also acts as the chair of the Committee. If the BOC Past Chair is not available, the current BOC Chair will make the appointment of the chair of the Disciplinary Committee, from current BOC members. The Public Member of BOC is a member of this Committee. One member from each Division Board will be named to the Disciplinary Committee each year, during the Boards’ committee selection process. These members may not be current members of the BOC. The Appeal Committee is comprised of the chair of the Disciplinary Committee that heard the original case, but will not be chair of the Appeal Committee. Three Division Board members (but not in a chair or co-chair position) will be appointed by the Co-chairs of the Boards during the Boards’ committee selection process. These members will elect their Chair of the Appeal Committee.

See Appeals Policy for instructions on submitting an appeal.