201 Kar 32:050. Code Of Ethics

Link to law: http://www.lrc.ky.gov/kar/201/032/050.htm
Published: 2015

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      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.)