(A) Responsibility to clients/consumers
of services as to competency:
(1) Licensees and
registrants shall be able to present reliable and substantial evidence of
competency in the areas in which they practice. Licensees and registrants shall
not misrepresent directly, indirectly or by implication their professional
qualifications such as education, specialized training, experience, or area(s)
of competence. Licensees or registrants shall not use a doctorate designation
in their professional capacity unless it is related to the field of mental
health and is from a recognized accredited educational
institution.
(2) Licensees and
registrants shall practice only within the competency areas for which they are
qualified by education and training. Licensees and registrants shall maintain
appropriate standards of care based on their individual professional license.
Standards of care shall be defined as what an ordinary, reasonable professional
with similar training would have done in a similar circumstance.
(3) While developing new
skills in specialty areas, a counselor, social worker, or marriage and family
therapist shall take steps to ensure the competence of their work and to
protect the clients from possible harm. A counselor, social worker, or marriage
and family therapist shall claim skills in specialty areas only after
appropriate education, training, and while receiving appropriate peer
consultation.
(4) Licensees and
registrants do not diagnose, treat, or advise on problems outside the
recognized boundaries of their competencies. Licensees and registrants shall
make appropriate referrals when the client's needs exceed the
counselor's, social worker's, or marriage and family therapist's
competence level or scope of practice. The referrals shall be made in a timely
manner.
(5) All counselors,
social workers and marriage and family therapists shall use techniques/
procedures/ modalities in diagnosing and treating mental and emotional
disorders that are grounded in theory and/or have an empirical or scientific
foundation, otherwise, they shall define the techniques/ procedures as
"unproven" or "developing" and explain to their clients the
potential risks and ethical considerations of using such techniques/ procedures
and take steps to protect clients from possible harm. Individuals licensed at
the level of professional counselor, social worker and marriage and family
therapist shall diagnose and treat mental and emotional disorders only under
proper supervision.
(B) Responsibility to clients/consumers
of services as to informed consent:
(1) Counselors, social
workers, or marriage and family therapists shall inform clients/consumers of
services the extent and nature of services available to them, as well as the
limits, rights, opportunities and obligations associated with the services to
be provided which might effect the clients/consumers of services decisions to
enter into or continue the relationship.
(2) Licensees and
registrants shall provide services to clients only in the context of a
professional relationship based on valid informed consent. Licensees and
registrants shall use clear and understandable language to inform clients of
the purposes of services, limit to the services due to legal requirements,
relevant costs, reasonable alternatives, the clients' rights to refuse or
withdraw consent, and the timeframe covered by the consent.
(3) In instances when
clients are unable to read or understand the consent document or have trouble
understanding the primary language contained in the informed consent document,
licensees shall take steps to ensure the client's comprehension including
providing a detailed verbal explanation or arranging for a qualified
interpreter or translator as needed. If a client because of age or mental
condition is not competent to provide informed consent, the licensee shall
obtain consent from the parent, guardian, or court appointed
representative.
(4) Best professional
practice dictates that a counselor, social worker, or marriage and family
therapist shall adhere to the court documents provided such documents do not
conflict with Chapter 4757. of the Revised Code or agency 4757 of the
Administrative Code. If a counselor, social worker, or marriage and family
therapist does not understand the court document, they shall attempt to gain
clarification before proceeding with treatment.
(5) Counselors, social
workers, and MFTs as part of the on-going informed consent process shall obtain
any relevant court documents pertaining to custody, visitation, shared
parenting, guardianship, or other matters, before proceeding with
treatment.
(6) In situations when clients are
receiving services involuntarily, counselors, social workers, and marriage and
family therapists shall provide information about the nature and extent of the
services and about the client's right to refuse services and the
consequences of that refusal.
(7) Counselors, social workers, and
marriage and family therapists who provide services via electronic means shall
inform the clients and recipients of the limitations and risks associated with
such services.
(8) When a counselor, social worker, or
marriage and family therapist provides services to two or more clients who have
a relationship with each other and who are aware of each other's
participation in treatment (for example couples, family members), a counselor,
social worker, or marriage and family therapist shall clarify with all parties
the nature of the licensee's professional obligations to the various
clients receiving services, including limits of confidentiality. A counselor,
social worker, or marriage and family therapist who anticipates a conflict of
interest among the clients receiving services or anticipates having to perform
in potentially conflicting roles (for example a licensee who is asked or
ordered to testify in a child custody dispute or divorce proceeding involving
clients) shall clarify their role with the parties involved and take
appropriate action to minimize any conflict of interest.
(9) When a counselor, social worker, or
marriage and family therapist sees clients for individual or group treatment,
there may be reason for a third party to join the session for a limited
purpose. The licensee shall ask the client or legal guardian to provide written
authorization that describes the purpose and need for the third party to join
the session and describes the circumstances and extent to which confidential
information may be disclosed to the third party. The counselor, social worker,
or marriage and family therapist shall make it clear that the third party is
not a client and there is no confidentiality between the licensee and the third
party. The counselor, social worker, and marriage and family therapist shall
make it clear to the third party that he/she shall not have rights to access
any part of the client's file including any session in which they
participated unless the client signs a release. A counselor, social worker, or
marriage or family therapist shall not make recommendations to courts,
attorneys or other professional concerning non-clients.
(10) When a court or other judicial body
orders an evaluation, assessment or other official report, the licensee shall
inform the client of the parameters of the court order. The counselor, social
worker, or marriage and family therapist shall not go beyond the parameters of
the court order without obtaining written permission from the court or other
judicial body.
(11) A counselor, social worker, or
marriage and family therapist shall only make recommendations to a court,
attorney or other professional concerning a client.
(12) Counselors, social workers, or
marriage and family therapists shall communicate information in ways that are
both developmentally and culturally appropriate. Counselors, social workers, or
marriage and family therapists shall use clear and understandable language when
discussing issues related to informed consent. When clients have difficulty
understanding the language used by counselors, social workers, or marriage and
family therapists, they shall provide necessary services (e.g., arranging for a
qualified interpreter or translator) to ensure comprehension by clients. In
collaboration with clients, counselors, social workers, or marriage and family
therapists shall consider cultural implications of informed consent procedures
and, where possible, counselors, social workers, or marriage and family
therapists shall adjust their practices accordingly.
(C) Responsibility to clients/consumers
of services as to delegation: Counselors, social workers, or marriage and
family therapists shall delegate professional responsibilities to another
person only when the licensee delegating the responsibilities knows that the
task is within the person's scope of practice and the person qualifies by
training, experience and/or licensure to perform them.
(D) Responsibility to clients/consumers
of services as to confidentiality:
(1) Counselors, social
workers, and marriage and family therapists shall have a primary obligation to
protect the client's right to confidentiality as established by law and
the professional standards of practice. Confidential information shall only be
revealed to others when the clients or other persons legally authorized to give
consent on behalf of the clients, have given their informed consent, except in
those circumstances in which failure to do so would violate other laws or
result in clear and present danger to the client or others. Unless specifically
contraindicated by such situations, clients shall be informed and written
consent shall be obtained before the confidential information is
revealed.
(2) Counselors, social
workers, and marriage and family therapists shall discuss with clients and the
clients' legally authorized representatives, the nature of confidentiality
and the limitation of clients' right to confidentiality. Licensees shall
review with clients circumstances where confidential information may be
requested and where 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 counselors,
social workers, and marriage and family therapists provide counseling services
to families, couples, or groups, licensee's 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 shall honor such
agreements.
(4) Counselors, social
workers, and marriage and family therapists shall take reasonable and
appropriate steps to protect the confidentiality of information transmitted to
other parties when using computers, electronic mail, facsimile machines,
telephones and telephone answering machines, and other electronic or computer
technology.
(5) Counselors, social
workers, and marriage and family therapists, shall explain the required
limitations of confidentiality imposed by a mandating authority when working
with clients who have been mandated for counseling services. Licensees shall
also explain what type of information and with whom that information is shared
prior to the beginning of counseling. The mandated client has the right to
refuse services and the licensee shall, to the best of their ability, explain
the consequences possibly imposed by the mandating authority of refusing the
counseling services.
(E) Responsibility to clients/consumers
of services as to termination:
(1) Counselors, social
workers, and marriage and family therapists shall terminate services only after
giving careful consideration to factors affecting the relationship and making
effort to minimize possible adverse effects. If an interruption or termination
of services is anticipated, reasonable notification and appropriate referral
for continued services shall be provided to the client/consumer of
services.
(2) Counselors, social
workers, and marriage and family therapists employed by an agency or practice,
may not solicit or refer a current client of the agency or practice, to the
licensee's private practice. Licensees and registrants when leaving the
employment of an agency or practice may offer referrals to the client. The
referral shall include multiple options for the client to choose from, and the
agency where the client is currently being seen shall be included as an option,
the licensee's private practice may be one of the multiple
options.
(3) In the event that a
licensee or registrant is terminated for cause from a position as a volunteer
or paid licensee, it is not the responsibility of the licensee or registrant to
provide continuation of services or appropriate referrals. Licensees who are
terminated for cause shall not contact their ex-clients.
(F) Responsibility to clients/consumers
of services as to sexual harassment: Counselors, social workers, and marriage
and family therapists shall not sexually harass clients/consumers of services
family members of clients, ex-clients or other persons encountered in
professional settings. Licensees shall not sexually harass supervisees,
students, or colleagues. Sexual harassment includes sexual advances, sexual
solicitation, requests for sexual favors, and other verbal, non-verbal or
physical conduct of a sexual nature. A client of the agency is considered a
client of each counselor, social worker, or marriage and family therapist
employed or contracted by the agency for purposes of ethics under the sexual
harassment section of this chapter. The duty of the licensee is based on that
particular licensee's knowledge of a client's identity prior to
starting a relationship.
(G) Responsibility to clients/consumers
of services as to discrimination:
(1) Counselors, social
workers, and marriage and family therapists shall not practice, condone,
facilitate or collaborate with any form of discrimination on the basis of age,
sex, gender identity and expression, sexual orientation, race, ethnicity,
national origin, immigration status, disability, religion, language, culture,
veteran status, marital status, political belief, housing status, and
socioeconomic status.
(2) Counselors, social
workers, and marriage and family therapists should obtain education about and
seek to understand the nature of diversity with respect to age, sex, gender
identity and expression, sexual orientation, race, ethnicity, national origin,
immigration status, disability, religion, language, culture, veteran status,
marital status, political belief, housing status, and socioeconomic status.
(H) Responsibility to clients/consumers
of services as to conduct with clients and other individuals:
(1) Counselors, social
workers, and marriage and family therapists shall not physically or verbally
abuse or threaten clients family members of clients, ex-clients or other
persons encountered in professional settings. Licensees shall be aware that any
physical touching between the professional and the client is subject to review
for appropriate professional boundaries. The professional shall have the burden
of proof to explain why physical touching was professionally
necessary.
(2) Counselors, social
workers, and marriage and family therapists shall not use derogatory language
in their written or verbal communications to or about clients, ex-clients or
family members of clients or ex-clients. Licensees shall use accurate and
respectful language in all communications to and about clients and other
persons in professional settings.
(I) Licensed independent social workers,
professional clinical counselors, and independent marriage and family
therapists shall provide appropriate supervision to licensees who do not hold
an independent license. This shall include ensuring all supervision
documentation is provided to the board in a timely fashion and meeting with the
supervisee on a regular basis to discuss the specific issues in the dependent
licensee's practice. Supervisors shall be accurate with all supervision
reporting issues. Supervisors shall not sign as the training supervisor, if
they did not provide direct supervision.