Current through August 30, 2024
(a) An approved provider shall comply with
the standards of care set out in this section in providing sex offender
treatment to a sex offender who is under the department's
jurisdiction.
(b) An approved
provider may not
(1) allow personal feelings
about a client or the client's crimes to interfere with the provider's
professional judgment and objectivity, and shall make appropriate referrals to
other professionals if the provider is unable to manage negative reactions to a
client;
(2) discriminate based on
age, gender, race, ethnicity, national origin, religion, sexual orientation,
political affiliation, social or economic status, disability, or any basis
proscribed by law;
(3) engage in
behavior that is harassing, exploitative, or demeaning to a client;
(4) barter for services;
(5) advise or facilitate family reunification
unless suitable measures have been taken to ensure the safety of, and
appropriateness of reunification for, the client's victim;
(6) provide sex offender treatment to a sex
offender who is under the department's jurisdiction if the provider has a
pre-existing relationship with that person and that relationship could impair
the provider's professional judgment;
(7) engage in a sexual relationship with a
client or former client, regardless of whether payment was made for the sex
offender treatment, and may not engage in a sexual relationship with a family
member of a client or former client;
(8) engage in a business or social
relationship with a client if that relationship could conflict with or
compromise the primary professional relationship;
(9) disclose identifying information about a
client during professional training or workshops; an audiotape or videotape to
be used by the provider during training or a workshop must protect the identity
of the client and may be used only after obtaining written informed consent
from the client; or
(10) encourage
or permit the use of pornography.
(c) An approved provider shall
(1) discuss fees to be charged for services
before, or at the time of, the client's initial appointment, and shall inform
the client before a change is made regarding fees that will be
charged;
(2) at the time of the
initial appointment, inform the client about the types of services to be
provided, reasonable expectation of outcomes, alternatives to the type of
services proposed, potential benefits and risks involved in the services, and
the limits of privilege and confidentiality; if a client is incapable of
consenting to services, the provider shall explain to the client the proposed
assessments and treatments in a manner commensurate with the client's
developmental and psychological capabilities and shall obtain a signed informed
consent from the client's legal guardian;
(3) carry out professional duties regarding a
client in a way that maximizes safety for the client's victims and potential
victims;
(4) hold in confidence
information provided by a client's victim, and not provide the information to
others, including the client, without the written permission of the
victim;
(5) comply with all state
and federal reporting laws;
(6)
advise each client as to the confidentiality of communications with the client,
how confidentiality applies when multiple clients are members of the same
family, and of statutory requirements for mandatory reporting;
(7) except when reporting is mandated by
state statute, obtain a written waiver of confidentiality before releasing
information about a client; the provider shall inform the client about the
reasons for the release of information; and
(8) cease sex offender treatment for a client
if
(A) the client also is receiving treatment
from a provider who is not approved under this chapter;
(B) it is determined by another provider who
is an approved full-service-level provider that that treatment is interfering
with sex offender treatment with the approved provider; and
(C) the client does not cease treatment with
the unapproved provider.
(d) Supervision arrangements between a
supervising provider under
22 AAC 30.040 and a supervised
provider must be agreed upon in writing before the supervised provider begins
providing sex offender treatment to a client. The written document must specify
the duties to be performed by the supervised provider, the scope and focus of
the supervision, and the frequency and duration of supervision
meetings.
(e) An approved provider
who is supervising another approved provider under
22 AAC 30.040 may not delegate
responsibilities to or advise professional activities for the supervised
provider unless the supervising provider is confident that the responsibilities
or activities are within the competencies of the supervised provider. In
deciding whether to delegate or advise, the supervising provider shall consider
the training, education, and experience of the supervised provider.
(f) A provider who is supervising another
provider under
22 AAC 30.040 shall take the steps
necessary to ensure that the supervised provider performs professional duties
ethically, competently, and responsibly. A supervising provider shall review
and co-sign all reports prepared by the supervised provider, to indicate either
concurrence or nonconcurrence with the opinions, conclusions, and
recommendations stated in the report.
(g) A provider who is supervising another
provider under
22 AAC 30.040 may not engage in a
sexual relationship with that provider.
(h) A provider whose approval is conditioned
under 22 AAC 30.040 upon being
supervised shall inform clients of the supervision, supply the name of the
supervising provider, and explain the impact of the supervision on the
confidentiality of communications with the client.
(i) In this section, "client" means a sex
offender who is under the jurisdiction of the department and who is receiving,
or will be receiving, sex offender treatment.
Authority:AS
33.30.011
AS 33.30.021
AS
44.28.030
