Kentucky Administrative Regulations
Title 201 - GENERAL GOVERNMENT CABINET
Chapter 38 - Board of Licensure for Pastoral Counselors
Section 201 KAR 38:060 - Code of ethics
Universal Citation: 201 KY Admin Regs Service 38:060
Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO: KRS 335.615(5)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 335.615(5) requires the board to promulgate a code of ethics for Licensed pastoral counselors. This administrative regulation establishes the required code of ethics.
Section 1. Identification of a Client.
(1) A client shall be a person who receives a
counseling, psychotherapeutic, or other professional service from a licensed
pastoral counselor.
(2) A person
identified as a client pursuant to subsection (1) 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 that client.
Section 2. Responsibility to Clients.
(1) A licensed pastoral counselor 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 licensed pastoral counselor shall not:
(a) Exploit the trust and dependency of a
client;
(b)
1. Except as provided by subparagraph 2 of
this paragraph, engage in a dual relationship with a client, including a
social, business, or personal relationship, that may:
a. Impair professional judgment;
b. Incur a risk of exploitation of the
client; or
c. Otherwise violate a
provision of this administrative regulation.
2. 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
pastoral counselor 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 pastoral counseling;
(d) Use his professional relationship with a
client to further his own interests;
(e) Continue a pastoral counseling
relationship unless it is reasonably clear that the client is benefiting from
the relationship;
(f) Fail to
assist a person in obtaining other pastoral counseling services if the pastoral
counselor 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 a pastoral counseling
session 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 an investigation or a disciplinary investigation or proceeding
by the board; or
(j) Diagnose,
treat, or advise on problem outside the recognized boundaries of his
competence.
Section 3. Confidentiality.
(1) A
licensed pastoral counselor shall respect and guard the confidences of each
individual client.
(2) A licensed
pastoral counselor 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;
(c)
If the pastoral counselor is a defendant in a civil, criminal, or disciplinary
action arising from the pastoral counseling, 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 pastoral
counseling, unless a waiver is executed by each family member receiving
pastoral counseling, who is legally competent to execute a waiver, a pastoral
counselor shall not disclose information received from any family
member.
(3) A pastoral
counselor 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.
(4) A pastoral counselor shall store or
dispose of client records so as to maintain confidentiality.
Section 4. Responsibility to a Student or Supervisee.
(1) A licensed pastoral
counselor shall not exploit the trust and dependency of a student or
supervisee.
(2) A licensed pastoral
counselor 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 pastoral counselor
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 pastoral counselor shall take appropriate professional precautions to ensure
judgment is not impaired and no exploitation occurs.
3. A pastoral counselor shall not provide
pastoral counseling to a student, employee or supervisee.
4. A pastoral counselor shall not engage in
sexual intimacy or contact with a student or supervisee.
(3) A pastoral counselor 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 pastoral
counselor 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 pastoral counselor 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 an educational
or training setting 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 pastoral counselor shall make financial
arrangements with a client, third-party payer, or supervisee that are
reasonably understandable and conform to accepted professional
practices.
(2) A pastoral counselor
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; and
(d) Represent facts truthfully to clients,
third-party payers, and supervisees regarding services rendered.
Section 6. Advertising.
(1) A licensed pastoral counselor shall:
(a) Accurately represent his education,
training, and experience relevant to his practice of pastoral counseling;
and
(b) 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 pursuant to subsection (2)
of this section.
(2) A
statement shall be false, fraudulent, misleading, or deceptive if it:
(a) Contains a material misrepresentation of
fact;
(b) Fails to state a 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. Professional Competence and Integrity. A pastoral counselor shall maintain standards of professional competence and integrity and shall be subject to disciplinary action as provided in KRS 335.635:
(1)
Upon conviction of a felony, or a misdemeanor involving moral turpitude, or a
misdemeanor related to his practice as a pastoral counselor. Conviction shall
include conviction based on:
(a) A plea of no
contest or an "Alford Plea"; or
(b)
The suspension or deferral of a sentence or conditional discharge;
(2) If his license or certificate
to practice a health profession issued by another state's regulatory agency has
been disciplined, or had a license or certificate to practice denied, by that
state's regulatory agency;
(3) If
his license or certificate to practice a health profession issued by another
Kentucky regulatory agency has been disciplined or had a license or certificate
to practice denied, by that Kentucky regulatory agency;
(4) Upon a showing of impairment due to
mental or physical incapacity or the abuse of alcohol or other substances which
may negatively impact the practice of pastoral counseling;
(5) If he misrepresented or concealed a
material fact in obtaining a license or seeking reinstatement of a license, or
seeking renewal of a license;
(6)
If he has refused to comply with an order issued by the board; or
(7) If he has failed to cooperate with the
board by not:
(a) Furnishing in writing a
complete explanation to an initiating complaint filed with the board;
(b) Appearing before the board or a
designated representative of the board at the time and place designated;
or
(c) Properly responding to a
subpoena issued by the board.
(8) Violated any statutory or regulatory
section of KRS Chapter 335.
STATUTORY AUTHORITY: KRS 335.615(5), (6)
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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
