201 KAR 32:050. Code of ethics.
RELATES TO: KRS 335.320(7), 335.348
STATUTORY AUTHORITY: KRS 335.320(7), (9)
NECESSITY, FUNCTION, AND CONFORMITY: KRS
335.320(5) requires the board to promulgate a code of ethics for licensed
marriage and family therapists and marriage and family therapist associates.
This administrative regulation establishes the required code of ethics.
Section 1. Responsibility to Clients. (1)
A marriage and family therapist or a marriage and family therapist associate
shall:
(a) Advance and protect the welfare of
his client;
(b) respect the rights of persons seeking
his assistance; and
(c) Make reasonable efforts to ensure
that his services are used appropriately.
(2) A marriage and family therapist or
marriage and family therapist associate shall not:
(a) Exploit the trust and dependency of a
client;
(b) Engage in a dual relationship with a
client, including a social, business, or personal relationship, that may:
1. Impair professional judgment;
2. Incur a risk of exploitation of the
client; or
3. Otherwise violate a provision of this
administrative regulation. If a dual relationship cannot be avoided, and does
not impair professional judgment, incur a risk of exploitation of the client,
or otherwise violate a provision of this administrative regulation, a therapist
or therapist associate shall take appropriate professional precautions to ensure
that judgment is not impaired and exploitation of the client does not occur.
(c) Engage in a sexual relationship with
a current client or with a former client for two (2) years following the
termination of therapy;
(d) Use his professional relationship
with a client to further his own interests;
(e) Continue therapeutic relationships
unless it is reasonably clear that the client is benefiting from the
relationship;
(f) Fail to assist a person in obtaining
other therapeutic services if the therapist or therapist associate is unable or
unwilling, for appropriate reasons, to provide professional help;
(g) Abandon or neglect a client in
treatment without making reasonable arrangements for the continuation of
treatment;
(h) Videotape, record, or permit third
party observation of therapy sessions without having first obtained written
informed consent from the client;
(i) Engage in sexual or other harassment
or exploitation of a client, student, trainee, supervisee, employee, colleague,
research subject, or actual or potential witness or complainant in investigations
and ethical proceedings; or
(j) Diagnose, treat, or advise on
problems outside the recognized boundaries of his competence.
Section 2. Confidentiality. (1) A
therapist or therapist associate shall respect and guard the confidences of
each individual client.
(2) Marriage and family therapists and
marriage and family therapist associates shall not disclose a client confidence
except:
(a) As mandated, or permitted by law;
(b) To prevent a clear and immediate
danger to a person or persons;
(c) If the therapist or therapist
associate is a defendant in a civil, criminal, or disciplinary action arising
from the therapy, confidences may be disclosed only in the course of that
action; or
(d) If a waiver has been obtained in
writing, confidential information shall be revealed only in accordance with the
terms of the waiver. If more than one (1) person in a family receives therapy,
unless a waiver is executed by each family member receiving therapy, who is
legally competent to execute a waiver, a therapist or therapist associate shall
not disclose information received from any family member.
(3) A marriage and family therapist or
marriage and family therapist associate, shall not reveal any individual’s
confidences to others in the client unit without the prior written permission
of that individual.
(4) A marriage and family therapist or
marriage and family therapist associate may use client or clinical materials in
teaching, writing, and public presentations if:
(a) A written waiver has been obtained in
accordance with subsection (2)(d) of this section; or
(b) Appropriate steps have been taken to
protect client identity and confidentiality.
(5) A marriage and family therapist or
marriage and family therapist associate shall store or dispose of client
records so as to maintain confidentiality.
Section 3. Professional Competence and
Integrity. A marriage and family therapist or marriage and family therapist associate
shall maintain standards of professional competence and integrity and shall be
subject to disciplinary action:
(1)(a) Upon conviction of a felony, or a
misdemeanor related to his practice as a marriage and family therapist or
marriage and family therapist associate.
(b) Conviction shall include conviction
based on:
1. A plea of no contest or an
"Alford Plea"; or
2. The suspension or deferral of a
sentence.
(2) If his license or certificate is
subject to disciplinary action by another state's regulatory agency that the
board determines violates applicable Kentucky state law or administrative
regulation;
(3) Upon a showing of impairment due to
mental incapacity or the abuse of alcohol or other substances which negatively
impact the practice of marriage and family therapy;
(4) If he misrepresented or concealed a
material fact in obtaining or seeking reinstatement of a license or
certificate;
(5) If he has refused to comply with an
order issued by the board; or
(6) If he has failed to cooperate with
the board by not:
(a) Furnishing in writing a complete
explanation to a complaint filed with the board;
(b) Appearing before the board at the
time and place designated; or
(c) Properly responding to subpoenas
issued by the board; or
(7) Fails to notify the board in writing
within ten (10) business days of a change in contact information.
Section 4. Responsibility to a Student or
Supervisee. (1) A marriage and family therapist or marriage and family
therapist associate shall not exploit the trust and dependency of a student or
supervisee.
(2) A marriage and family therapist or
marriage and family therapist associate shall:
(a) Be aware of his influential position
with respect to a student or supervisee; and
(b) Avoid exploiting the trust and
dependency of these persons.
1. A therapist or therapist associate
shall make every effort to avoid a dual relationship, including a social,
business, or personal relationship, with a student or supervisee that may
impair professional judgment or increase the risk of exploitation.
2. If a dual relationship cannot be
avoided, a therapist or therapist associate shall take appropriate professional
precautions to ensure judgment is not impaired and no exploitation occurs.
3. A therapist or therapist associate
shall not provide therapy to a student, employee or supervisee.
4. A therapist or therapist associate
shall not engage in sexual intimacy or contact with a student or supervisee.
(3) A marriage and family therapist or
marriage and family therapist associate shall not permit a student or
supervisee to perform or to hold himself out as competent to perform professional
services beyond his level of training, experience, and competence.
(4) A marriage and family therapist or
marriage and family therapist associate shall not disclose a student's or
supervisee's confidence except:
(a) As mandated, or permitted by law;
(b) To prevent a clear and immediate
danger to a person or persons;
(c) If the therapist or therapist
associate is a defendant in a civil, criminal, or disciplinary action arising
from the supervision, the student's or supervisee's confidence may be disclosed
only in the course of that action;
(d) In educational or training settings
if there are multiple supervisors, to other professional colleagues who share responsibility
for the training of the supervisee; or
(e) If there is a waiver previously
obtained in writing, information shall be revealed only in accordance with the
terms of the waiver.
Section 5. Financial Arrangements. (1) A
marriage and family therapist or marriage and family therapist associate shall
make financial arrangements with a client, third party payor, or supervisee
that are reasonably understandable and conform to accepted professional
practices.
(2) A marriage and family therapist or
marriage and family therapist associate shall:
(a) Not offer or accept payment for
referrals;
(b) Not charge excessive fees for
services;
(c) Disclose his fees to clients and
supervisees at the beginning of services; or
(d) Represent facts truthfully to
clients, third party payors, and supervisees regarding services rendered.
Section 6. Advertising. A marriage and
family therapist shall:
(1) Accurately represent his education,
training, and experience relevant to his practice of marriage and family
therapy;
(2) Not use professional identification,
including a business card, office sign, letterhead, or telephone or association
directory listing if it includes a statement or claim that is false,
fraudulent, misleading, or deceptive.
(3) A statement shall be false,
fraudulent, misleading, or deceptive if it:
(a) Contains a material misrepresentation
of fact;
(b) Fails to state any material fact
necessary to make the statement, in light of all circumstances, not misleading;
or
(c) Is intended to or is likely to create
an unjustified expectation.
Section 7. A marriage or family therapist
associate may have business cards and letterhead if it is clearly stated that
he is an associate. He shall not present himself or imply that he is licensed
to practice as a marriage and family therapist. (22 Ky.R. 1911;
Am. 23 Ky.R. 123; eff. 7-5-96; 26 Ky.R. 111; 726; eff. 10-20-99; 38 Ky.R. 1375;
eff. 3-21-2012.)