201 Kar 41:090. Code Of Ethics

Link to law: http://www.lrc.ky.gov/kar/201/041/090.htm
Published: 2015

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      201 KAR 41:090. Code of ethics.

 

      RELATES TO: KRS 329A.025(2)(d)

      STATUTORY AUTHORITY: KRS 329A.025(2)(d)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS

329A.025(2)(d) requires the board to promulgate administrative regulations

establishing a code of professional practice and conduct for private

investigator licensees. This administrative regulation establishes the code of

professional practice and conduct for private investigators.

 

      Section 1. Proper Conduct of Practice.

(1) The licensee shall at all times recognize the primary obligation to protect

the health, safety, and welfare of the public in the performance of the

licensee’s professional duties.

      (2) A licensee possessing knowledge of a

violation, by another licensee of KRS Chapter 329A or any administrative regulation

promulgated thereunder, shall report that violation to the board in writing and

shall cooperate with the board in furnishing any information or assistance as

the board may require.

      (3) If the licensee becomes aware of a

decision taken by an employer or client, against the licensee’s advice, which

violates applicable federal, state, or local laws and regulations or which may

affect adversely the health, safety, or welfare of the public, the licensee

shall:

      (a) Refuse to consent to the decision;

and

      (b) In circumstances where the licensee

reasonably believes that other decisions will be made, notwithstanding the

licensee’s objections, terminate services with reference to that employer or

client.

 

      Section 2. The Code of Ethics. A private

investigator shall:

      (1) Adhere to the guidelines, policies,

and procedures of the Kentucky Private Investigators Act in KRS Chapter 329A

and the administrative regulations contained in 201 KAR Chapter 41.

      (2) Practice with honesty, sincerity,

integrity, fidelity, morality, and good conscience in all dealings with

clients, other investigators, as well as other professions.

      (a) The licensee shall perform his duties

in accordance with all local, state, and federal laws, as well as adhere to the

highest moral principles of the profession.

      (b) The licensee shall not engage in

prohibited acts as set forth in KRS 329A.055.

      (3) Provide only those services for which

the licensee is qualified to perform.

      (a) The licensee shall not falsify or

permit misrepresentation of his or his associates’ academic or professional

qualifications.

      (b) The licensee shall not misrepresent

or exaggerate his degree of responsibility in or for the subject matter of

prior assignments.

      (c) Brochures or other presentations

incident to the solicitation of employment shall not misrepresent pertinent

facts concerning employer, employees, associates, joint ventures, or his or

their past accomplishments with the intent and purpose of enhancing his qualifications

and his work.

      (3) All advertising shall be truthful,

not misleading.

      (4) Not accept any assignment that

creates a personal or business conflict of interest. Regarding conflicts of

interest:

      (a) The licensee shall not accept

compensation, financial or otherwise, from more than one (1) party for services

on or relating to the same investigation, set of circumstances, court case, or

issues, unless all interested parties consent in writing after full disclosure

by the licensee;

      (b) The licensee shall avoid all known

conflicts of interest with his employer or client and shall promptly inform his

employer or client of any business association, interest, or circumstance which

could influence his judgment or the quality of his services. When a conflict

becomes apparent, the licensee shall disclose the circumstances to the

licensee's employer and client.

      (c) The licensee shall take reasonable

steps to ascertain the existence of potential conflicts of interests among his

employers and clients. A conflict exists when a private investigator, because

of some personal interest, finds it difficult to devote himself with loyalty

and singleness of purpose to the best interest of his client or employer.

      (d) A private investigations company

shall be responsible for avoiding conflicts of interest between:

      1. The company and the clients of any

private investigator(s) affiliated with the company;

      2. The clients of one (1) private

investigator affiliated with the company and the clients of any other private

investigator affiliated with the company.

      (e) A licensee or employee of a licensee

shall not contact or cause to be contacted any individual under investigation

for the purpose of revealing confidential information to that individual. Any contact

with a subject being investigated, whether intentional or unintentional, shall

be made a part of the investigative file of such case.

      (f) The licensee shall ensure that all

clients are dealt with justly and impartially regardless of social, political,

racial, ethnic, or religious considerations, economic status, or physical

characteristics.

      (5) Preserve client confidentiality under

any and all circumstances unless required otherwise by law.

      (a) The licensee shall safeguard

information and exercise due diligence to prevent improper disclosure of that

information.

      (b) Any licensee or registered employee

may divulge to any law enforcement officer or prosecuting attorney or his representative,

any information the licensee may acquire as to any criminal offense, but he

shall not divulge to any other person, except as the licensee may be required

by law so to do, any information acquired by the licensee, except at the

direction of the employer or client for whom the information was obtained.

      (c) A licensee or registered employee of

a licensee, shall not knowingly make any false report to his employer or client

for whom information was being obtained.

      (d) Client confidentiality shall not:

      1. Affect in any way the licensee’s

obligation to comply with a validly-issued and enforceable subpoena or summons;

      2. Prohibit review of a licensee’s

professional practice by the Kentucky Board of Licensure for Private

Investigators; or

      3. Prohibit a licensee from utilizing any

such relevant information in the defense of a claim asserted against a licensee.

      (6) Make all reporting based upon truth

and fact and shall express honest opinions on that basis.

      (a) Upon the request of a client in good

standing, a licensee shall submit a written report to that client or his designee.

      (b) A written report shall include all

relevant information obtained during the investigation.

      (7) Explain to the full satisfaction of

all clients any fees and charges associated with his or her case.

      (a) The licensee shall not bill a client

for services or expenses which have not been provided or incurred.

      (b) A complete and comprehensive itemized

statement of services and expenses shall be provided to the client upon request.

      (8) Make certain that any obligations and

responsibilities in contracts and mutual agreements shall be met in a timely

manner, and the principle of appropriate and adequate compensation for those

engaged in investigative work shall not be abused.

      (9) Assist when necessary, law

enforcement officers and all other duly-constituted authorities.

      (10) Ensure that the licensee's conduct does

not bring discredit to the investigative profession. A licensee may be deemed

by the board to be guilty of misconduct in his professional practice if:

      (a) He is convicted in a court of

competent jurisdiction of a felony or misdemeanor which the board finds

reflects unfavorably on the licensee’s fitness for licensure; or

      (b) His license or certificate of

registration to practice private investigations in another jurisdiction is

revoked, suspended, or voluntarily surrendered as a result of disciplinary

proceedings.

      (11) Refrain from maliciously injuring

the professional reputation or practice of colleagues. (32 Ky.R. 2394; 33 Ky.R.

731; eff. 10-6-2006.)