Current through Register Vol. 50, No. 9, September 20, 2024
A.
Unfair Discrimination. In their work-related activities, psychologists do not
engage in unfair discrimination based on age, gender, gender identity, race,
ethnicity, culture, national origin, religion, sexual orientation, disability,
socioeconomic status or any basis proscribed by law.
B. Sexual Harassment. Psychologists do not
engage in sexual harassment. Sexual harassment is sexual solicitation, physical
advances or verbal or nonverbal conduct that is sexual in nature, that occurs
in connection with the psychologist's activities or roles as a psychologist and
that either:
1. is unwelcome, is offensive or
creates a hostile workplace or educational environment, and the psychologist
knows or is told this; or
2. is
sufficiently severe or intense to be abusive to a reasonable person in the
context. Sexual harassment can consist of a single intense or severe act or of
multiple persistent or pervasive acts.
C. Other Harassment. Psychologists do not
knowingly engage in behavior that is harassing or demeaning to persons with
whom they interact in their work based on factors such as those persons' age,
gender, gender identity, race, ethnicity, culture, national origin, religion,
sexual orientation, disability, language or socioeconomic status.
D. Avoiding Harm. Psychologists take
reasonable steps to avoid harming their clients/patients, students,
supervisees, research participants, organizational clients and others with whom
they work, and to minimize harm where it is foreseeable and
unavoidable.
E. Multiple
Relationships
1. A multiple relationship
occurs when a psychologist is in a professional role with a person, and
a. at the same time is in another role with
the same person;
b. at the same
time is in a relationship with a person closely associated with or related to
the person with whom the psychologist has the professional relationship;
or
c. promises to enter into
another relationship in the future with the person or a person closely
associated with or related to the person.
2. A psychologist shall not enter into a
multiple relationship if the multiple relationship could reasonably be expected
to impair the psychologist's objectivity, competence or effectiveness in
performing his or her functions as a psychologist, or otherwise risks
exploitation or harm to the person with whom the professional relationship
exists.
3. Multiple relationships
that would not reasonably be expected to cause impairment or risk exploitation
or harm are not unethical.
4. If a
psychologist finds that, due to unforeseen factors, a potentially harmful
multiple relationship has arisen, the psychologist takes reasonable steps to
resolve it with due regard for the best interests of the affected person and
maximal compliance with this Chapter.
5. When psychologists are required by law,
institutional policy, or extraordinary circumstances to serve in more than one
role in judicial or administrative proceedings, at the outset they:
a. obtain written informed consent from all
parties and/or court order; and
b.
clarify role expectations; and
c.
clarify the extent of confidentiality with regard to current roles, and
thereafter as changes occur.
F. Conflict of Interest. Psychologists
refrain from taking on a professional role when personal, scientific,
professional, legal, financial or other interests or relationships could
reasonably be expected to:
1. impair their
objectivity, competence or effectiveness in performing their functions as
psychologists, or
2. expose the
person or organization with whom the professional relationship exists to harm
or exploitation.
G.
Third-Party Requests for Services. When psychologists agree to provide services
to a person or entity at the request of a third party, psychologists attempt to
clarify at the outset of the service the nature of the relationship with all
individuals or organizations involved. This clarification includes the role of
the psychologist (e.g., therapist, consultant, diagnostician, or expert
witness), an identification of who is the client, the probable uses of the
services provided or the information obtained, and the fact that there may be
limits to confidentiality.
H.
Exploitative Relationships. Psychologists do not exploit persons over whom they
have supervisory, evaluative or other authority such as clients/patients,
students, supervisees, research participants and employees.
I. Cooperation with Other Professionals. When
indicated and professionally appropriate, psychologists cooperate with other
professionals in order to serve their clients/patients effectively and
appropriately.
J. Informed Consent
1. When psychologists conduct research or
provide assessment, therapy, counseling or consulting services in person or via
electronic transmission or other forms of communication, they obtain the
informed consent of the individual or individuals using language that is
reasonably understandable to that person or persons except when conducting such
activities without consent is mandated by law or governmental regulation or as
otherwise provided in this Chapter.
2. For persons who are legally incapable of
giving informed consent, psychologists nevertheless:
a. provide an appropriate
explanation;
b. seek the
individuals assent;
c. consider
such persons preferences and best interests; and
d. obtain appropriate permission from a
legally authorized person, if such substitute consent is permitted or required
by law.
3. When consent
by a legally authorized person is not permitted or required by law,
psychologists take reasonable steps to protect the individual's rights and
welfare.
4. When psychological
services are court ordered or otherwise mandated, psychologists inform the
individual of the nature of the anticipated services, including whether the
services are court ordered or mandated and any limits of confidentiality,
before proceeding.
5. Psychologists
appropriately document written or oral consent, permission, and
assent.
K. Psychologists
Delivering Services to or through Organizations
1. Psychologists delivering services to or
through organizations provide information beforehand to clients and when
appropriate those directly affected by the services about:
a. the nature and objectives of the
services;
b. the intended
recipients;
c. which of the
individuals are clients;
d. the
relationship the psychologist will have with each person and the
organization;
e. the probable uses
of services provided and information obtained;
f. who will have access to the information;
and
g. limits of
confidentiality.
2. As
soon as feasible, psychologists provide information about the results and
conclusions of such services to appropriate persons. If psychologists will be
precluded by law or by organizational roles from providing such information to
particular individuals or groups, they so inform those individuals or groups at
the outset of the service.
L. Interruption of Psychological Services.
Unless otherwise covered by contract, psychologists make reasonable efforts to
plan for facilitating services in the event that psychological services are
interrupted by factors such as the psychologist's illness, death,
unavailability, relocation or retirement or by the client's/patient's
relocation or financial limitations.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
37:2353.
