Kentucky Administrative Regulations
Title 201 - GENERAL GOVERNMENT CABINET
Chapter 26 - Board of Psychology
Section 201 KAR 26:145 - Code of conduct
Universal Citation: 201 KY Admin Regs Service 26:145
Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO: KRS 202A.400, 209A.030, 319.032, 319.082, 422.317, 620.030, 645.270
NECESSITY, FUNCTION, AND CONFORMITY: KRS 319.032(1)(c) requires the board to promulgate administrative regulations to establish requirements for disciplining a credential holder of this board, whether a licensed psychologist, certified psychologist, certified psychologist with autonomous functioning, licensed psychological practitioner, licensed psychological associate, an applicant, or a holder of a temporary license. This administrative regulation establishes a code of conduct for a person practicing psychology.
Section 1. Definitions.
(1) "Client" means a person who meets the
requirements established in Section 3 of this administrative
regulation.
(2) "Confidential
information" means information revealed by a client or clients or otherwise
obtained by a credential holder in a professional relationship
(3) "Court order" means the written or oral
communication of a member of the judiciary, or other court magistrate or
administrator, if the authority has been lawfully delegated to the magistrate
or administrator.
(4) "Credential
holder" is defined by
KRS
319.010(3).
(5) "Professional relationship" means a
mutually agreed upon relationship between a credential holder and a client for
the purpose of the client obtaining the credential holder's professional
expertise.
(6) "Professional
service" means all actions of the credential holder in the context of a
professional relationship with a client.
(7) "Supervisee" means a person who functions
under the extended authority of the credential holder to provide psychological
services.
Section 2. Responsibility to Clients.
(1) A credential
holder shall promote the well-being of a client and, if required by
KRS
202A.400 or
645.270,
the safety and well-being of an individual whose life might be affected by the
client's behavior or circumstance.
(2) A credential holder shall not verbally
abuse or harass or physically threaten or assault a client, supervisee, board
member, or agent of the board.
Section 3. Client Requirements.
(1) Identification of a client. A client
shall be a person who receives:
(a) An
evaluation, assessment, or psychological testing;
(b) Other professional psychological services
for the treatment or amelioration of an emotional, mental, nervous, addictive
or behavioral disorder or distress, or a mental health condition; or
(c) Psychological consultation in the context
of a professional relationship.
(2) A corporate entity or other organization
shall be considered the client if the professional contract is to provide a
psychological service of benefit to the corporate entity or
organization.
(3) A legal guardian
of a minor or legally incompetent adult shall be considered the client for a
decision-making purposes.
(4) A
person identified as a client pursuant to subsections (1)-(3) of this section
shall be deemed to continue to be a client for a period of two (2) years
following the last date of service rendered to the person.
Section 4. Competence.
(1) Limits on practice. The credential holder
shall limit practice and supervision to the areas of competence in which
proficiency has been gained through education, training, and
experience.
(2) Maintaining
competency. The credential holder shall maintain current competency in the
areas in which he or she practices, through continuing education, consultation,
or other procedures, in conformance with current standards of scientific and
professional knowledge.
(3) Adding
new services and techniques. The credential holder, if developing competency in
a service or technique that is new either to the credential holder or new to
the profession, shall engage in ongoing consultation with other psychologists
or relevant professionals and shall obtain appropriate education and training.
The credential holder shall inform a client of the innovative nature and the
known risks associated with the service, so that the client can exercise
freedom of choice concerning the service.
(4) Referral. The credential holder shall
make or recommend referral to other professional, technical, or administrative
resources if a referral is clearly in the best interests of the
client.
(5) Sufficient professional
information. A credential holder rendering a formal professional opinion in a
report, letter, or testimony about a person shall not do so without direct and
substantial professional contact with or a formal assessment of that
person.
(6) Maintenance and
retention of records.
(a) The credential
holder rendering professional services to an individual client, or services
billed to a third-party payor, shall maintain professional records that
include:
1. The presenting problem, purpose,
or diagnosis;
2. The fee
arrangement;
3. The date and
substance of each professional contact or service;
4. Test results or other evaluative results
obtained and the basic test data from which the results were derived;
5. Notation and results of a formal consult
with another provider; and
6. A
copy of all test or other evaluative reports prepared as part of the
professional relationship.
(b) The credential holder shall ensure that
all records are maintained for a period of not less than six (6) years after
the last date that services were rendered.
(c) The credential holder shall store and
dispose of written, electronic, and other records in a manner which shall
ensure their confidentiality.
(d)
For each person supervised pursuant to KRS Chapter 319, the credential holder
shall maintain for a period of not less than six (6) years after the last date
of supervision a record of each supervisory session that shall include the
type, place, date, and general content of the session.
(7) Continuity of care. The credential holder
shall make arrangements for another appropriate professional or professionals
to provide for an emergency need of a client, as appropriate, during a period
of his or her foreseeable absence from professional availability.
Section 5. Impaired Objectivity and Dual Relationships.
(1) Impaired
credential holder.
(a) The credential holder
shall not undertake or continue a professional relationship with a client if
the objectivity or competency of the credential holder is impaired due to a
mental, emotional, physiologic, pharmacologic, or substance abuse
condition.
(b) If an impairment
develops after a professional relationship has been initiated, the credential
holder shall:
1. Terminate the relationship in
an appropriate manner;
2. Notify
the client in writing of the termination; and
3. Assist the client in obtaining services
from another professional.
(2) Prohibited dual relationships.
(a) The credential holder shall not undertake
or continue a professional relationship with a client if the objectivity or
competency of the credential holder is impaired because of the credential
holder's present or previous familial, social, sexual, emotional, financial,
supervisory, administrative, or legal relationship with the client or a
relevant person associated with or related to the client.
(b) The credential holder, in interacting
with a client, shall not:
1. Engage in verbal
or physical behavior toward the client which is sexually seductive, demeaning,
or harassing;
2. Engage in sexual
intercourse or other physical intimacy with the client; or
3. Enter into a potentially exploitative
relationship with the client.
(c) The prohibitions established in paragraph
(b) of this subsection shall extend indefinitely if the client is clearly
vulnerable, by reason of emotional or cognitive disorder, to exploitative
influence by the credential holder.
(3) A credential holder shall not engage in
the practice of psychology if under the influence of alcohol, another
mind-altering or mood-altering drug, or physical or psychological illness which
impairs delivery of the services.
Section 6. Client Welfare.
(1) Providing explanation of procedures. The
credential holder shall give a truthful, understandable, and appropriate
account of the client's condition to the client or to those responsible for the
care of the client. The credential holder shall keep the client fully informed
as to the purpose and nature of an evaluation, treatment, or other procedure,
and of the client's right to freedom of choice regarding services
provided.
(2) Termination of
services.
(a) If professional services are
terminated, the credential holder shall offer to assist the client in obtaining
services from another professional.
(b) The credential holder shall:
1. Terminate a professional relationship if
the client is not benefiting from the services; and
2. Prepare the client appropriately for the
termination.
(3) Stereotyping. The credential holder shall
not impose on the client a stereotype of behavior, values, or roles related to
age, gender, religion, race, disability, nationality, sexual preference, or
diagnosis which would interfere with the objective provision of psychological
services to the client.
(4)
Solicitation of business by clients. The credential holder providing services
to an individual client shall not induce that client to solicit business on
behalf of the credential holder.
(5) Referrals on request. The credential
holder providing services to a client shall make an appropriate referral of the
client to another professional if requested to do so by the client.
Section 7. Welfare of Supervisees and Research Subjects.
(1) Welfare of
supervisees. The credential holder shall not exploit a supervisee.
(2) Welfare of research subjects. The
credential holder shall respect the dignity and protect the welfare of his or
her research subjects, and shall comply with
920 KAR
1:060 and
45 C.F.R.
46.101 -
46.409.
Section 8. Protecting the Confidentiality of Clients.
(1) General. The
credential holder shall safeguard the confidential information obtained in the
course of practice, teaching, research, or other professional services. Except
as provided in this section, the credential holder shall obtain the informed
written consent of the client prior to disclosing confidential
information.
(2) Disclosure without
informed written consent. The credential holder shall disclose confidential
information without the informed consent of the client if the credential holder
has a duty to warn an intended victim of the client's threat of violence
pursuant to
KRS
202A.400 or
645.270.
(3) Disclosure if the client is a corporation
or other organization. If the client is a corporation or other organization,
the requirements for confidentiality established in this section shall:
(a) Apply to information that pertains to:
1. The corporation or organization;
or
2. An individual, including
personal information, if the information is obtained in the proper course of
the contract; and
(b)
Not apply to personal information concerning an individual if the individual
had a reasonable expectation that the information was:
1. Obtained in a separate professional
relationship between the credential holder and the individual; and
2. Subject to the confidentiality
requirements established in this section.
(4) Services involving more than one (1)
interested party. If more than one (1) party has an appropriate interest in the
professional services rendered by the credential holder to a client or clients,
the credential holder shall clarify to all parties prior to rendering the
services the dimensions of confidentiality and professional responsibility that
shall pertain in the rendering of services.
(5) Multiple clients. If service is rendered
to more than one (1) client during a joint session, the credential holder shall
at the beginning of the professional relationship clarify to all parties the
manner in which confidentiality shall be handled.
(6) Legally dependent clients. At the
beginning of a professional relationship the credential holder shall inform a
client who is below the age of majority or who has a legal guardian, of the
limit the law imposes on the right of confidentiality with respect to his or
her communications with the credential holder.
(7) Limited access to client records. The
credential holder shall limit access to client records to preserve their
confidentiality and shall ensure that all persons working under the credential
holder's authority comply with the requirements for confidentiality of client
material.
(8) Release of
confidential information. The credential holder shall release confidential
information upon court order or to conform with state law, including
KRS
422.317, or federal law or
regulation.
(9) Reporting of abuse
or neglect of children and adults. The credential holder shall be familiar with
the relevant law concerning the reporting of abuse or neglect of children and
adults, and shall comply with those laws, including
KRS
620.030 and
KRS 209A.030.
(10) Discussion of client information among
professionals. If rendering professional services as part of a team or if
interacting with other appropriate professionals concerning the welfare of the
client, the credential holder may share confidential information about the
client if the credential holder takes reasonable steps to ensure that all
persons receiving the information are informed about the confidential nature of
the information and abide by the rules of confidentiality.
(11) Disguising confidential information. If
case reports or other confidential information is used as the basis of
teaching, research, or other published reports, the credential holder shall
exercise reasonable care to ensure that the reported material is appropriately
disguised to prevent client identification.
(12) Observation and electronic recording.
The credential holder shall ensure that diagnostic interviews or therapeutic
sessions with a client are observed or electronically recorded only with the
informed written consent of the client.
(13) Confidentiality after termination of
professional relationship. The credential holder shall continue to treat as
confidential information regarding a client after the professional relationship
between the credential holder and the client has ceased.
Section 9. Representation of Services.
(1) Display of credentials. The credential
holder shall display his or her current credential to practice psychology on
the premises of his or her professional office.
(2) Misrepresentation of qualifications. The
credential holder shall not misrepresent directly or by implication his or her
professional qualifications such as education, experience, or areas of
competence.
(3) Misrepresentation
of affiliations. The credential holder shall not misrepresent directly or by
implication his or her affiliations, or the purposes or characteristics of
institutions and organizations with which the credential holder is
associated.
(4) False or misleading
information. The credential holder shall not include false or misleading
information in a public statement concerning professional services
offered.
(5) Misrepresentation of
services or products. The credential holder shall not associate with or permit
his or her name to be used in connection with a service or product in a way
which misrepresents:
(a) The service or
product;
(b) The degree of his or
her responsibility for the service or product; or
(c) The nature of his or her association with
the service or product.
(6) Correction of misrepresentation by
others. The credential holder shall correct others who misrepresent the
credential holder's professional qualifications or affiliations.
Section 10. Disclosure of Cost of Services. The credential holder shall not mislead or withhold from a client, prospective client, or third party payor, information about the cost of his or her professional services.
Section 11. Assessment Procedures.
(1)
Confidential information. The credential holder shall treat as confidential
assessment results or interpretations regarding an individual.
(2) Protection of integrity of assessment
procedures. The credential holder shall not disseminate a psychological test in
a way that may invalidate it.
(3)
Information for professional users. The credential holder offering an
assessment procedure or automated interpretation service to another
professional shall accompany this offering by a manual or other printed
material which describes the development of the assessment procedure or
service, the rationale, evidence of validity and reliability, and
characteristics of the normative population. The credential holder shall state
the purpose and application for which the procedure is recommended and identify
special qualifications required to administer and interpret it properly. The
credential holder shall ensure that advertisements for the assessment procedure
or interpretive service are factual.
Section 12. Aiding Illegal Practice.
(1) Delegating professional responsibility.
The credential holder shall not delegate professional responsibilities to a
person not appropriately creden-tialed or otherwise appropriately qualified to
provide psychological services.
(2)
Providing supervision. The credential holder shall exercise appropriate
supervision over a supervisee, as required by
201 KAR
26:171.
STATUTORY AUTHORITY: KRS 319.032(1)(c), (2)
Disclaimer: These regulations may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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