Missouri Code of State Regulations
Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE
Division 2095 - Committee for Professional Counselors
Chapter 3 - Professional Responsibility
Section 20 CSR 2095-3.015 - Client Welfare

Universal Citation: 20 MO Code of State Regs 2095-3.015

Current through Register Vol. 48, No. 18, September 15, 2023

PURPOSE: This rule is being amended to address the need for a client or patient to understand the parameters of distance based counseling.

(1) Before beginning a therapeutic relationship, a counselor shall explain and document the following elements of informed consent:

(A) Goals of the therapeutic relationship;

(B) Services the counselor will provide;

(C) Behavior expected of the client;

(D) Risks and benefits of therapeutic procedures;

(E) Qualifications and credentials;

(F) Financial considerations and arrangements;

(G) Limits to confidentiality regarding individual, couple, family, and group therapy;

(H) If utilized, taping or recording of sessions, and how the tapes will be used and stored; and

(I) When using technology in the course of providing professional counseling, how such technology is in compliance with federal and state legal and ethical requirements.

(2) The counselor shall inform clients of the voluntary or mandatory nature of the therapy, assessment, treatment, research, education or training procedure. When the therapy, assessment, treatment, research, education or training procedure is voluntary, the counselor shall inform the client, student, research participant, counselor-in-training, or provisional licensed professional counselor of the freedom of choice and any alternatives to participation.

(3) If an individual, other than the counselor, is able to obtain access to confidential information, the counselor shall disclose this possibility. The counselor shall explain how records are stored to insure confidentiality of the client, counselor-in-training, provisional licensed professional counselor, or research participant. This information shall be part of the informed consent.

(A) The counselor shall safeguard the confidential information obtained in the course of practice, research, supervision, or other duties relating to a therapeutic relationship.
1. A counselor shall maintain confidentiality in creating, storing, accessing, transferring, and disposing the records of a client or counselor-in-training which are under the counselor's control regardless of whether the records are written, automated, or in any other medium.

(B) Information obtained within the context of the therapeutic relationship or during supervised counseling shall be considered confidential after the therapeutic relationship or supervised experience has ended.

(4) A counselor shall not allow the pursuit of financial gain or other personal benefit to interfere with the exercise of sound professional judgment and skills.

(A) In determining whether to offer therapeutic services to a person already receiving similar services elsewhere, the counselor shall consider the treatment issues and the welfare of the client. The counselor shall discuss these issues with the client to minimize the probable risks of confusion and conflict.

(5) Within the limits of the law, a counselor shall report to the committee all knowledge pertaining to known or suspected violations of the laws and regulations governing the practice of counseling as defined in section 337.500(6) and (7), RSMo and any other applicable laws or rules.

(6) Within the limits of the law, and after receiving any necessary written client consent, a counselor shall respond to all requests for information and correspondence from the committee.

(7) A counselor providing therapeutic services to a client shall maintain records that include the following:

(A) Informed consent as defined in section (1);

(B) The reason(s) for seeking therapeutic services, clinical impression(s), treatment plan and documentation of termination;

(C) Date, fee, and therapeutic service provided by the counselor;

(D) Assessment results or the evaluative results relevant to the therapeutic relationship; and

(E) Evidence of receiving the client's consent concerning the counselor's consultation with others.

(8) To meet the requirements of these ethical standards for counselors, but not necessarily for other legal purposes, the counselor shall assure that all data entries to treatment records are maintained for a period of five (5) years after the last date of service. The counselor shall comply with all other applicable state and federal laws and rules regarding record retention.

(9) A counselor planning or conducting research shall comply with federal, state, and local laws or rules and applicable standards of ethical procedures regarding research with human subjects.

(10) When conducting research, the counselor shall clearly communicate to research participants, in writing or verbally, the following:

(A) The experience the participant is likely to have during and after the research;

(B) The voluntary, mandatory, and/or remunerative nature of the research;

(C) The research participant's right to decline participation or withdraw from the research at any time without penalty;

(D) The obligations and responsibilities of the research participant and counselor;

(E) The procedures for how the data derived from the research will be used;

(F) The procedures for post research follow-up; and

(G) The procedures for obtaining information regarding general results and conclusions of the research.

AUTHORITY: sections 337.520 and 337.525, RSMo 2000.* This rule originally filed as 4 CSR 95-3.015. Original rule filed Dec. 1, 2004, effective June 30, 2005. Moved to 20 CSR 2095-3.015, effective Aug. 28, 2006.

Amended by Missouri Register July 15, 2020/Volume 45, Number 14, effective 8/31/2020

*Original authority: 337.520, RSMo 1985, amended 1989, 1993, 1995 and 337.525, RSMo 1985, amended 1989.

Disclaimer: These regulations may not be the most recent version. Missouri 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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