[40 Pa.B. 5320]
[Saturday, September 18, 2010]
[Continued from previous Web Page]
CHAPTER 48. STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS—LICENSURE OF MARRIAGE AND FAMILY THERAPISTS
CODE OF ETHICAL PRACTICE AND STANDARDS OF PROFESSIONAL CONDUCT § 48.71. Code of ethical practice and professional conduct.
The Board subscribes to the code of ethics and practice standards for licensed marriage and family therapists (licensees) promulgated by the American Association for Marriage and Family Therapy (AAMFT) and the Board will use the AAMFT Code of Ethics in resolving ambiguities which may arise in the interpretation of this chapter, except that whenever any conflict exists between this chapter and the AAMFT Code of Ethics, this chapter shall prevail.
§ 48.72. Responsibilities to clients/patients.
(a) Competency.
(1) In all communications with, or regarding, specific existing or prospective clients/patients, licensees may not misrepresent directly, indirectly or by implication their professional qualifications such as education, specialized training, experience or areas of competence.
(2) Licensees may practice only within the competency areas for which they are qualified by education, training and experience.
(3) Licensees shall maintain appropriate standards of care. The appropriate standard of care is defined as what an ordinary, reasonable licensee would have done in a similar circumstance. In areas in which recognized standards do not yet exist, licensees shall take whatever precautions are necessary to protect the welfare of their clients/patients.
(4) Licensees shall maintain knowledge of current scientific and professional information related to the services they render.
(5) Licensees shall refer a client/patient to another professional and take steps to facilitate an orderly transfer of responsibility when the client's/patient's needs exceed the licensee's competence level. Licensees shall notify client/patients promptly of the need to refer and seek the referral and transfer of services in relation to the clients'/patients' needs and preferences.
(b) Informed consent.
(1) Licensees shall inform clients/patients in writing of:
(i) The purpose of the services being provided.
(ii) Risks and limits related to the services that are known to the licensee.
(iii) Reasonable alternatives to the services being provided.
(iv) Relevant costs, billing and overdue collection policies and their potential effect on the continuation of the professional relationship.
(v) The clients'/patients' right to refuse or withdraw consent, and the time frame covered by the consent.
(vi) Other information the licensees reasonably might expect to affect the clients'/patients' decisions to enter into or continue the professional relationship.
(2) Licensees shall use clear and understandable language when providing the information in paragraph (1) to clients/patients.
(3) Licensees shall provide services to clients/patients only in the context of a professional relationship based on valid informed consent.
(4) In instances when the client/patient is unable to read or understand the informed consent document or has trouble understanding the primary language contained in the informed consent document, licensees shall take steps to ensure the client's/patient's comprehension including providing a detailed verbal explanation or arranging for a qualified interpreter or translator, as needed. If a client/patient is not competent to provide informed consent because of age or mental condition, the licensee shall obtain consent from the client's/patient's parent, guardian, court-appointed representative or the holder of the client's/patient's power of attorney.
(5) When a client/patient is receiving legally-mandated services, licensees shall provide information about the nature and extent of the services and about the client's/patient's rights to the client/patient or the client's/patient's parent, guardian, court-appointed representative or the holder of the client's/patient's power of attorney, as applicable.
(6) Licensees who provide services by means of electronic means shall inform the client/patient of the reasonably foreseeable limitations and risks associated with those services.
(c) Delegation. A licensee may not delegate professional responsibilities to another person when the licensee delegating the responsibilities knows or has reason to know that the other person is not qualified by training, experience or licensure to perform those responsibilities.
(d) Confidentiality and privacy.
(1) Licensees shall have a primary obligation to protect the client's/patient's right to confidentiality and privacy as established by law and professional standards of practice. Confidential and private information shall only be revealed to others when the client/patient, or the client's/patient's parent, guardian, court-appointed representative or the holder of the client's/patient's power of attorney, has given informed consent, except in those circumstances in which failure to do so would violate a court order or specific Federal or State privacy statutes or regulations or result in clear and present danger to the client/patient or others. Unless specifically contra- indicated by these situations, a client/patient shall be informed and written consent shall be obtained before the confidential and private information is revealed.
(2) Licensees shall discuss with clients/patients and the client's/patient' parent, guardian, court-appointed representative or the holder of the client's/patient's power of attorney, the nature of confidentiality and the limitation of the clients'/patients' right to confidentiality. Licensees shall review with clients/patients circumstances when confidential information may be requested and when disclosure of confidential information is legally required. This discussion shall occur as soon as possible in the professional relationship and as needed throughout the course of the relationship.
(3) When licensees provide services to families, couples or groups, licensees shall seek agreement among the parties involved concerning each individual's right to confidentiality and obligations to preserve the confidentiality of information shared by others. Licensees shall inform participants in family, group or couples counseling that the licensee cannot guarantee that all participants will honor the agreements. In the context of couple, family or group treatment, the licensee may not reveal any individual's confidences to others in the client unit without the prior written permission of that individual.
(4) Licensees shall take reasonable steps to protect the confidentiality of information transmitted to other parties through the use of computers, electronic mail, facsimile machines, telephones and telephone answering machines, and other electronic or computer technology.
(e) Termination of services.
(1) Licensees may terminate services only after giving careful consideration to factors affecting the professional relationship and making an effort to minimize possible adverse effects. If an interruption or termination of services is anticipated, notification and referral for continued services shall be provided to the client/patient.
(2) Licensees may terminate services to a client/patient who has not paid an overdue fee balance if the following conditions are met:
(i) The financial contractual arrangements have been made clear to the client/patient.
(ii) The client/patient does not pose an imminent danger to self or others.
(iii) The clinical and other consequences of the current nonpayment have been addressed and discussed with the client/patient.
(f) Discrimination. Licensees shall comply with existing Federal and State antidiscrimination laws and may not practice, condone, facilitate or collaborate with any form of discrimination prohibited by those laws.
(g) Conduct with clients/patients.
(1) Licensees may not physically or verbally abuse or threaten clients/patients or family members of clients/patients.
(2) Licensees may not use derogatory language in their written or verbal communications to or about clients/patients. Licensees shall use accurate and respectful language in communications to and about clients/patients.
§ 48.73. Dual or multiple relationships affecting the licensee's judgment.
(a) Dual or multiple relationships defined. Dual or multiple relationships occur when the licensee engages in multiple or ongoing interactions with clients/patients, the clients'/patients' romantic partners or immediate family members of clients/patients in more than one context, whether professional, social or business. Dual or multiple relationships can occur simultaneously or consecutively.
(b) Dual or multiple relationships prohibited.
(1) A licensee shall avoid dual or multiple relationships and conflicts of interest with any client/patient, which could impair the licensee's professional judgment or increases the risk of client/patient exploitation.
(2) A licensee may not undertake or continue a professional relationship with a client/patient, supervisee or student when the objectivity or competency of the licensee is, or could reasonably be expected to be, impaired or when the relationship with the client/patient, supervisee or student is exploitative.
(3) A licensee shall carefully consider familial, social, emotional, financial, supervisory, political, administrative and legal relationships with a client/patient or a person related to or associated with the client/patient to assure that impaired judgment or exploitation does not occur within the professional relationship.
(4) Licensees shall always carefully consider the potentially harmful effects of dual or multiple relationships on their practice and on their clients/patients. A licensee shall refrain from entering into, or promising another to enter into, professional, social or business relationships with another person if it appears reasonably likely that the relationship might impair the licensee's objectivity or otherwise interfere with the licensee's effectiveness or might harm or exploit the client/patient.
(5) When a dual or multiple relationship cannot be avoided, a licensee shall take reasonable professional precautions, such as informed consent, consultation, supervision and documentation, to ensure that judgment is not impaired and that no exploitation occurs.
(6) If a licensee finds that, due to unforeseen factors, a potentially harmful dual or multiple relationship has arisen with a client/patient, the licensee shall attempt to resolve it with due regard for the best interests of the client/patient and maximum compliance with the act and this chapter.
(c) Conflicts of interest. When a licensee provides services to two or more people who have a relationship with each other, such as couples or family members, the licensee shall clarify with all parties which individuals will be considered clients/patients and the nature of the licensee's professional obligation to the various individuals who are receiving services. A licensee who anticipates or should reasonably anticipate a conflict of interest among the individuals receiving services or who anticipates or should reasonably anticipate having to perform in potentially conflicting roles, such as a licensee who is asked or ordered to testify in a child custody dispute or divorce proceeding involving clients/patients, shall clarify the roles with the parties involved and take reasonable action to minimize any conflict of interest.
§ 48.74. Sexual harassment.
(a) Licensees may not sexually harass supervisees, students, trainees, employees, research subjects or colleagues.
(b) Sexual harassment includes unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when one of the following occurs:
(1) Submission to the conduct is made either explicitly or implicitly a term or condition of an individual's employment or academic association with a licensee.
(2) Submission to or rejection of the conduct by an individual is used as the basis for employment-related decisions affecting the individual or academic decisions affecting the individual.
(3) The conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile or offensive working or academic environment.
§ 48.75. Impaired practice.
A licensee may not undertake or continue a professional relationship with a client/patient, supervisee or student when the objectivity or competency of the licensee is or could reasonably be expected to be impaired due to mental, emotional, physiological, pharmacological or substance abuse conditions. If such a condition develops after a professional relationship has been initiated, the licensee shall terminate the professional relationship in an appropriate manner and shall, either himself or through an appropriate designee, notify the client/patient of termination in writing and assist the client/patient in obtaining services from another professional.
§ 48.76. Research and publication.
(a) Protection of human subjects.
(1) A licensee shall plan, design, conduct and report research in a manner consistent with this chapter, the AAMFT Code of Ethics, applicable Federal and State laws, host institutional rules and scientific standards governing research with human subjects.
(2) A licensee shall obtain informed consent from participants by using language that the licensee believes would be understandable to the research participants and that:
(i) Accurately explains the purpose and procedures to be followed.
(ii) Identifies any procedures that are experimental or relatively untried.
(iii) Describes the attendant discomforts and risks that are most likely to occur and which are known to the licensee.
(iv) Describes the benefits or changes in individuals or organizations that might be reasonably expected.
(v) Discloses appropriate alternative procedures that may be advantageous for the subject.
(vi) Offers to answer any inquiries concerning the procedures.
(vii) Instructs that subjects are free to withdraw their consent and discontinue participation in the research project at any time.
(3) When a participant is not capable of giving informed consent, licensees shall provide an appropriate explanation, obtain agreement for participation and obtain informed consent from a participant's parent, guardian, court-appointed representative or the holder of the participant's power of attorney.
(4) Information obtained about research participants during the course of the research is confidential. The licensee shall explain to the participant whether the possibility exists that others may obtain access to the information, and also explain the plans for protecting the participant's confidentiality as part of the procedure for obtaining informed consent.
(b) Reporting and publication of results.
(1) Licensees may not engage in fraudulent research, distort data, misrepresent data or deliberately bias their results.
(2) Licensees shall plan, conduct, report and publish accurately and in a manner that minimizes the possibility that results will be misleading.
(c) Other ethical obligations. In addition to the provisions of this section, a licensee's ethical obligations with regard to research and publication are governed by this chapter and the AAMFT Code of Ethics.
§ 48.77. Payment for services.
(a) When setting fees, licensees shall ensure that the fees are fair, reasonable and commensurate with the services performed.
(b) Licensees may not accept goods or services as payment for professional services.
(c) Licensees shall make financial arrangements with clients/patients, third-party payors and supervisees that are reasonably understandable and conform to accepted professional practices.
(d) Prior to entering into the therapeutic or supervisory relationship, a licensee shall clearly disclose and explain to clients/patients and supervisees the following:
(1) Financial arrangements and fees related to professional services, including charges for canceled or missed appointments.
(2) The use of collection agencies or legal measures for nonpayment.
(3) The procedure for obtaining payment from the client/patient, to the extent allowed by law, if payment is denied by the third-party payor.
(e) Once services have begun, licensees shall provide reasonable notice of changes in fees or other charges.
(f) Licensees shall give reasonable notice to clients with unpaid balances of their intent to seek collection by agency or legal recourse. When this action is taken, licensees may not disclose clinical information.
(g) Licensees shall represent facts truthfully to clients, third-party payors and supervisees regarding services rendered.
(h) Licensees may not withhold records under their immediate control that are requested and needed for a client's/patient's treatment solely because payment has not been received for past services.
§ 48.78. Recordkeeping.
(a) For each client/patient, a licensee shall keep records of the dates of marriage and family therapy services, types of marriage and family therapy services, details of the services provided, termination of the professional relationship and billing information.
(b) Records kept by the licensee shall be retained for at least 5 years from the date of the last entry. Records held or owned by government agencies or educational institutions are not subject to this requirement.
(c) Licensees shall take reasonable steps to ensure that documentation in records is accurate, legible and reflects the services provided.
(d) Licensees shall include sufficient and timely documentation in records to facilitate the delivery of services and to ensure continuity of services provided to the client/patient in the future.
(e) Licensees' documentation shall protect clients'/patients' privacy to the extent that it is consistent with applicable Federal and State laws and regulations and should include information that is directly relevant to the delivery of services.
(f) Licensees shall store records following termination of services to ensure reasonable future access. Records shall be retained and stored as required by applicable Federal and State law and regulations.
(g) Licensees shall provide a client/patient with reasonable access to records concerning the client/patient. Licensees who are concerned that clients'/patients' access to their records could cause serious harm to the client/patient or another person shall provide assistance in interpreting the records and consultation with the client/patient regarding the records. Licensees shall limit clients'/patients' access to their records, or portions of their records, only in exceptional circumstances when there is compelling evidence that the access would cause serious harm to the client/patient or another person. Both the clients'/patients' requests and the rationale for withholding some or all of the records shall be documented in the clients'/patients' files. When providing clients/patients with access to their records, licensees shall take steps to protect the confidentiality of other individuals identified or discussed in such records.
(h) In the event of the licensee moving from the area or closing the licensee's practice, a licensee shall arrange for the storage, transfer or disposal of client/patient records in ways that maintain confidentiality and safeguard the welfare of clients/patients.
§ 48.79. Mandatory reporting.
(a) Licensees, supervisors and trainees have a responsibility to report alleged violations of the act or this chapter to the Board. If a licensee has knowledge or reason to suspect that a colleague or other licensee is incompetent, impaired or unethical, the licensee shall report that practitioner to the Board. Licensees shall make these reports in a manner that does not violate a client's/patient's right to confidentiality.
(b) Licensees shall comply with the mandatory reporting requirements in this chapter, including §§ 48.51—48.57 (relating to child abuse reporting requirements).
(c) Licensees shall notify the Board within 30 days of changes of name or mailing information to ensure that the Board has the licensee's current name and mailing address.
§ 48.80. Advertising.
(a) Definition. Advertising is defined as the engagement in general informational activities, including those that enable the public, referral sources or others to choose professional services on an informed basis.
(b) Engagement in advertising.
(1) Licensees may engage in advertising that accurately represents their competencies, education, training and experience relevant to their professional practice. Licensees may not advertise their services and credentials in a manner that is false, misleading, deceptive or fraudulent.
(2) Licensees shall ensure that advertisements and publications in any media, such as directories, announcements, business cards, newspapers, radio, television, internet and facsimiles, convey information that is necessary for the public to make an appropriate selection of professional services. This information may include the following:
(i) Office information, such as name, address, telephone number and credit card acceptability.
(ii) Earned degrees and state or provincial licensures or certifications.
(iii) Professional association member status.
(iv) Description of practice.
(3) Licensees may not use names that could mislead the public concerning the identity, responsibility, source or status of those practicing under that name, and may not hold themselves out as being partners or associates of a firm if they are not partners or associates of the firm.
(4) Licensees may not use any professional identification, such as a business card, office sign, letterhead, internet, or telephone or association directory listing, if it includes a statement or claim that is false, fraudulent, misleading or deceptive.
(5) In representing their educational qualifications, licensees shall list and claim only those earned degrees from institutions accredited by regional accreditation sources recognized by the United States Department of Education, from institutions recognized by states or provinces that license or certify the licensee, or from equivalent foreign institutions.
(6) A licensee shall correct, whenever possible, false, misleading or inaccurate information and representations made by others concerning the licensee's qualifications, services or products.
(7) Licensees shall make certain that the qualifications of their employees or supervisees are represented in a manner that is not false, misleading or deceptive.
(8) Licensees may not represent themselves as providing specialized services unless they have the required education, training or supervised experience.
CHAPTER 49. STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS—LICENSURE OF PROFESSIONAL COUNSELORS
CODE OF ETHICAL PRACTICE AND STANDARDS OF PROFESSIONAL CONDUCT § 49.71. Code of ethical practice and professional conduct.
(a) The Board subscribes to the code of ethics and practice standards for licensees promulgated by the American Counseling Association (ACA). Licensed professional counselors (licensees) shall adhere to the ACA Code of Ethics, except when the ACA Code of Ethics conflict with this chapter. The Board will use the ACA Code of Ethics in resolving ambiguities that may arise in the interpretation of this chapter, except that whenever any conflict exists between this chapter and the ACA Code of Ethics, this chapter shall prevail.
(b) The Board acknowledges the codes of ethics and practice standards of the National Board for Certified Counselors, Inc., the Commission on Rehabilitation Counselor Certification, the Certification Board for Music Therapists, the Art Therapists Certification Board, the American Dance Therapy Association, the National Association for Drama Therapy, The Academy of Certified Clinical Mental Health Counselors, The North American Association of Master's in Psychology, the American School Counseling Association and The International Certification and Reciprocity Consortium/Alcohol and Other Drug Abuse, Inc., and the Board may elect to consider or refer to these codes and standards as advisory aids in resolving ambiguities which may arise in the interpretation of this chapter.
§ 49.72. Responsibilities to clients/patients.
(a) Competency.
(1) In all communications with, or regarding, specific existing or prospective clients/patients, licensees may not misrepresent directly, indirectly or by implication their professional qualifications such as education, specialized training, experience or areas of competence.
(2) Licensees may practice only within the competency areas for which they are qualified by education, training and experience. Licensees may utilize only those testing and assessment instruments relevant to the needs of the client/patient and for which the licensees have been trained.
(3) Licensees shall maintain appropriate standards of care. The appropriate standard of care is defined as what an ordinary, reasonable licensee would have done in a similar circumstance. In areas in which recognized standards do not yet exist, licensees shall take whatever precautions are necessary to protect the welfare of their clients/patients.
(4) Licensees shall maintain knowledge of current scientific and professional information related to the services they render.
(5) Licensees shall refer a client/patient to another professional and take steps to facilitate an orderly transfer of responsibility when the client's/patient's needs exceed the licensee's competence level. Licensees shall notify the client/patient promptly of the need to refer and seek the referral and transfer of services in relation to the clients'/patients' needs and preferences.
(b) Informed consent.
(1) Licensees shall inform clients/patients in writing of:
(i) The purpose of the services being provided.
(ii) Risks and limits related to the services that are known to the licensee.
(iii) Reasonable alternatives to the services being provided.
(iv) Relevant costs, billing and overdue collection policies and their potential effect on the continuation of the professional relationship.
(v) The clients'/patients' right to refuse or withdraw consent, and the time frame covered by the consent.
(vi) Other information the licensees reasonably might expect to affect the clients'/patients' decisions to enter into or continue the professional relationship.
(2) Licensees shall use clear and understandable language when providing the information in paragraph (1) to clients/patients.
(3) Licensees shall provide services to clients/patients only in the context of a professional relationship based on valid informed consent.
(4) In instances when the client/patient is unable to read or understand the informed consent document or has trouble understanding the primary language contained in the informed consent document, licensees shall take steps to ensure the client's/patient's comprehension including providing a detailed verbal explanation or arranging for a qualified interpreter or translator, as needed. If a client/patient is not competent to provide informed consent because of age or mental condition, the licensee shall obtain consent from the client's/patient's parent, guardian, court-appointed representative or the holder of the client's/patient's power of attorney.
(5) When a client/patient is receiving legally-mandated services, licensees shall provide information about the nature and extent of the services and about the client's/patient's rights to the client/patient, or the client's/patient's parent, guardian, court-appointed representative or the holder of the client's/patient's power of attorney, as applicable.
(6) Licensees who provide services by means of electronic means shall inform the client/patient of the reasonably foreseeable limitations and risks associated with those services.
(c) Delegation. A licensee may not delegate professional responsibilities to another person when the licensee delegating the responsibilities knows or has reason to know that the other person is not qualified by training, experience or licensure to perform those responsibilities.
(d) Confidentiality and privacy.
(1) Licensees shall have a primary obligation to protect the client's/patient's right to confidentiality and privacy as established by law and professional standards of practice. Confidential and private information shall only be revealed to others when the client/patient, or the client's/patient's parent, guardian, court-appointed representative or the holder of the client's/patient's power of attorney, has given informed consent, except in those circumstances in which failure to do so would violate a court order or specific Federal or State privacy statutes or regulations, or result in clear and present danger to the client/patient or others. Unless specifically contra- indicated by such situations, a client/patient shall be informed and written consent shall be obtained before the confidential and private information is revealed.
(2) Licensees shall discuss with clients/patients and the client's/patient's parent, guardian, court-appointed representative or the holder of the client's/patient's power of attorney, the nature of confidentiality and the limitation of the clients'/patients' right to confidentiality. Licensees shall review with clients/patients circumstances when confidential information may be requested and when disclosure of confidential information is legally required. This discussion shall occur as soon as possible in the professional relationship and as needed throughout the course of the relationship.
(3) When licensees provide services to families, couples or groups, licensees shall seek agreement among the parties involved concerning each individual's right to confidentiality and obligations to preserve the confidentiality of information shared by others. Licensees shall inform participants in family, group or couples counseling that the licensee cannot guarantee that all participants will honor the agreements. In the context of couple, family or group treatment, the licensee may not reveal any individual's confidences to others in the client unit without the prior written permission of that individual.
(4) Licensees shall take reasonable steps to protect the confidentiality of information transmitted to other parties through the use of computers, electronic mail, facsimile machines, telephones and telephone answering machines, and other electronic or computer technology.
(e) Termination of services.
(1) Licensees may terminate services only after giving careful consideration to factors affecting the professional relationship and making an effort to minimize possible adverse effects. If an interruption or termination of services is anticipated, notification and referral for continued services shall be provided to the client/patient.
(2) Licensees may terminate services to a client/patient who has not paid an overdue fee balance if the following conditions are met:
(i) The financial contractual arrangements have been made clear to the client/patient.
(ii) The client/patient does not pose an imminent danger to self or others.
(iii) The clinical and other consequences of the current nonpayment have been addressed and discussed with the client/patient.
(f) Discrimination. Licensees shall comply with existing Federal and State antidiscrimination laws and may not practice, condone, facilitate or collaborate with any form of discrimination prohibited by those laws.
(g) Conduct with clients/patients.
(1) Licensees may not physically or verbally abuse or threaten clients/patients or family members of clients/patients.
(2) Licensees may not use derogatory language in their written or verbal communications to or about clients/patients. Licensees shall use accurate and respectful language in communications to and about clients/patients.
§ 49.73. Dual or multiple relationships affecting the licensee's judgment.
(a) Dual or multiple relationships defined. Dual or multiple relationships occur when the licensee engages in multiple or ongoing interactions with clients/patients, their romantic partners or immediate family members of clients/patients in more than one context, whether professional, social or business. Dual or multiple relationships can occur simultaneously or consecutively.
(b) Dual or multiple relationships prohibited.
(1) A licensee shall avoid dual or multiple relationships and conflicts of interest with any client/patient which could impair the licensee's professional judgment or increases the risk of client/patient exploitation.
(2) A licensee may not undertake or continue a professional relationship with a client/patient, supervisee or student when the objectivity or competency of the licensee is, or could reasonably be expected to be, impaired or when the relationship with the client/patient, supervisee or student is exploitative.
(3) A licensee shall carefully consider familial, social, emotional, financial, supervisory, political, administrative and legal relationships with a client/patient or a person related to or associated with the client/patient to assure that impaired judgment or exploitation does not occur within the professional relationship.
(4) Licensees shall always carefully consider the potentially harmful effects of dual or multiple relationships on their practice and on their clients/patients. A licensee shall refrain from entering into, or promising another to enter into, professional, social or business relationships with another person if it appears reasonably likely that the relationship might impair the licensee's objectivity or otherwise interfere with the licensee's effectiveness or might harm or exploit the client/patient.
(5) When a dual or multiple relationship cannot be avoided, a licensee shall take reasonable professional precautions, such as informed consent, consultation, supervision and documentation, to ensure that judgment is not impaired and that no exploitation occurs.
(6) If a licensee finds that, due to unforeseen factors, a potentially harmful dual or multiple relationship has arisen with a client/patient, the licensee shall attempt to resolve it with due regard for the best interests of the client/patient and maximum compliance with the act and this chapter.
(c) Conflicts of interest. When a licensee provides services to two or more people who have a relationship with each other, such as couples or family members, the licensee shall clarify with all parties which individuals will be considered clients/patients and the nature of the licensee's professional obligation to the various individuals who are receiving services. A licensee who anticipates or should reasonably anticipate a conflict of interest among the individuals receiving services or who anticipates or should reasonably anticipate having to perform in potentially conflicting roles, such as a licensee who is asked or ordered to testify in a child custody dispute or divorce proceeding involving clients/patients, shall clarify the roles with the parties involved and take reasonable action to minimize any conflict of interest.
§ 47.74. Sexual harassment.
(a) Licensees may not sexually harass supervisees, students, trainees, employees, research subjects or colleagues.
(b) Sexual harassment includes unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when any one of the following occurs:
(1) Submission to the conduct is made either explicitly or implicitly a term or condition of an individual's employment or academic association with a licensee.
(2) Submission to or rejection of the conduct by an individual is used as the basis for employment-related decisions affecting the individual or academic decisions affecting the individual.
(3) The conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile or offensive working or academic environment.
§ 49.75. Impaired practice.
A licensee may not undertake or continue a professional relationship with a client/patient, supervisee or student when the objectivity or competency of the licensee is, or could reasonably be expected to be, impaired due to mental, emotional, physiological, pharmacological or substance abuse conditions. If a condition develops after a professional relationship has been initiated, the licensee shall terminate the professional relationship in an appropriate manner and shall, either himself or through an appropriate designee, notify the client/patient of termination in writing and assist the client/patient in obtaining services from another professional.
§ 49.76. Research and publication.
(a) Protection of human subjects.
(1) A licensee shall plan, design, conduct and report research in a manner consistent with this chapter, the codes of ethics in § 49.71 (relating to code of ethical practice and professional conduct), applicable Federal and State laws, host institutional rules and scientific standards governing research with human subjects.
(2) A licensee shall obtain informed consent from participants by using language that the licensee believes would be understandable to the research participants and that:
(i) Accurately explains the purpose and procedures to be followed.
(ii) Identifies procedures that are experimental or relatively untried.
(iii) Describes the attendant discomforts and risks that are most likely to occur and which are known to the licensee.
(iv) Describes the benefits or changes in individuals or organizations that might be reasonably expected.
(v) Discloses appropriate alternative procedures that may be advantageous for the subject.
(vi) Offers to answer any inquiries concerning the procedures.
(vii) Instructs that subjects are free to withdraw their consent and discontinue participation in the research project at any time.
(3) When a participant is not capable of giving informed consent, licensees shall provide an appropriate explanation, obtain agreement for participation and obtain informed consent from a participant's parent, guardian, court-appointed representative or the holder of the participant's power of attorney.
(4) Information obtained about research participants during the course of the research is confidential. The licensee shall explain to the participant whether the possibility exists that others may obtain access to the information, and also explain the plans for protecting the participant's confidentiality as part of the procedure for obtaining informed consent.
(b) Reporting and publication of results.
(1) Licensees may not engage in fraudulent research, distort data, misrepresent data or deliberately bias their results.
(2) Licensees shall plan, conduct, report and publish accurately and in a manner that minimizes the possibility that results will be misleading.
(c) Other ethical obligations. In addition to the provisions of this section, a licensee's ethical obligations with regard to research and publication are governed by this chapter and those codes of ethics and standards of practice to which the Board subscribes in § 49.71.
§ 49.77. Payment for services.
(a) When setting fees, licensees shall ensure that the fees are fair, reasonable and commensurate with the services performed.
(b) Licensees may not accept goods or services as payment for professional services.
(c) Licensees shall make financial arrangements with clients/patients, third-party payors and supervisees that are reasonably understandable and conform to accepted professional practices.
(d) Prior to entering into the therapeutic or supervisory relationship, a licensee shall clearly disclose and explain to clients/patients and supervisees the following:
(1) Financial arrangements and fees related to professional services, including charges for canceled or missed appointments.
(2) The use of collection agencies or legal measures for nonpayment.
(3) The procedure for obtaining payment from the client/patient, to the extent allowed by law, if payment is denied by the third-party payor.
(e) Once services have begun, licensees shall provide reasonable notice of any changes in fees or other charges.
(f) Licensees shall give reasonable notice to clients with unpaid balances of their intent to seek collection by agency or legal recourse. When this action is taken, licensees may not disclose clinical information.
(g) Licensees shall represent facts truthfully to clients, third-party payors and supervisees regarding services rendered.
(h) Licensees may not withhold records under their immediate control that are requested and needed for a client's/patient's treatment solely because payment has not been received for past services.
§ 49.78. Recordkeeping.
(a) For each client/patient, a licensee shall keep records of the dates of professional counseling services, types of professional counseling services, details of the services provided, termination of the professional relationship, and billing information.
(b) Records kept by the licensee shall be retained for at least 5 years from the date of the last entry. Records held or owned by government agencies or educational institutions are not subject to this requirement.
(c) Licensees shall take reasonable steps to ensure that documentation in records is accurate, legible and reflects the services provided.
(d) Licensees shall include sufficient and timely documentation in records to facilitate the delivery of services and to ensure continuity of services provided to the client/patient in the future.
(e) Licensees' documentation shall protect clients'/patients' privacy to the extent that it is consistent with applicable Federal and State laws and regulations and should include information that is directly relevant to the delivery of services.
(f) Licensees shall store records following termination of services to ensure reasonable future access. Records shall be retained and stored as required by applicable Federal and State law and regulations.
(g) Licensees shall provide a client/patient with reasonable access to records concerning the client/patient. Licensees who are concerned that clients'/patients' access to their records could cause serious harm to the client/patient or another person shall provide assistance in interpreting the records and consultation with the client/patient regarding the records. Licensees may limit clients'/patients' access to their records, or portions of their records, only in exceptional circumstances when there is compelling evidence that the access would cause serious harm to the client/patient or another person. Both the clients'/patients' requests and the rationale for withholding some or all of the records shall be documented in the clients'/patients' files. When providing clients/patients with access to their records, licensees shall take steps to protect the confidentiality of other individuals identified or discussed in the records.
(h) In the event of the licensee moving from the area or closing the licensee's practice, a licensee shall arrange for the storage, transfer or disposal of client/patient records in ways that maintain confidentiality and safeguard the welfare of clients/patients.
§ 49.79. Mandatory reporting.
(a) Licensees, supervisors and trainees have a responsibility to report alleged violations of the act or this chapter to the Board. If a licensee has knowledge or reason to suspect that a colleague or other licensee is incompetent, impaired or unethical, the licensee shall report that practitioner to the Board. Licensees shall make these reports in a manner that does not violate a client's/patient's right to confidentiality.
(b) Licensees shall comply with the mandatory reporting requirements in this chapter, including §§ 49.51—49.57 (relating to child abuse reporting requirements).
(c) A licensee shall notify the Board within 30 days of changes of name or mailing information to ensure that the Board has the licensee's current name and mailing address.
§ 49.80. Advertising.
(a) Definition. Advertising is defined as the engagement in general informational activities, including those that enable the public, referral sources or others to choose professional services on an informed basis.
(b) Engagement in advertising.
(1) Licensees may engage in advertising that accurately represents their competencies, education, training and experience relevant to their professional practice. Licensees may not advertise their services and credentials in a manner that is false, misleading, deceptive or fraudulent.
(2) Licensees shall ensure that advertisements and publications in any media, such as directories, announcements, business cards, newspapers, radio, television, internet and facsimiles, convey information that is necessary for the public to make an appropriate selection of professional services. This information may include the following:
(i) Office information, such as name, address, telephone number and credit card acceptability.
(ii) Earned degrees and state or provincial licensures or certifications.
(iii) Professional association member status.
(iv) Description of practice.
(3) Licensees may not use names that could mislead the public concerning the identity, responsibility, source or status of those practicing under that name, and may not hold themselves out as being partners or associates of a firm if they are not partners or associates of the firm.
(4) Licensees may not use any professional identification, such as a business card, office sign, letterhead, internet, or telephone or association directory listing, if it includes a statement or claim that is false, fraudulent, misleading or deceptive.
(5) In representing their educational qualifications, licensees shall list and claim only those earned degrees from institutions accredited by regional accreditation sources recognized by the United States Department of Education, from institutions recognized by states or provinces that license or certify the licensee, or from equivalent foreign institutions.
(6) The licensee shall correct, whenever possible, false, misleading or inaccurate information and representations made by others concerning the licensee's qualifications, services or products.
(7) Licensees shall make certain that the qualifications of their employees or supervisees are represented in a manner that is not false, misleading or deceptive.
(8) Licensees may not represent themselves as providing specialized services unless they have the required education, training or supervised experience.
[Pa.B. Doc. No. 10-1753. Filed for public inspection September 17, 2010, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
