Missouri Code of State Regulations
Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE
Division 2235 - State Committee of Psychologists
Chapter 5 - Rules of Conduct
Section 20 CSR 2235-5.030 - Ethical Rules of Conduct
Universal Citation: 20 MO Code of State Regs 2235-5.030
Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: These additions and amendments are to provide clarity in respect to each topic.
(1) General Principles.
(A) Purpose. The ethical rules of conduct
constitute the standards against which the required professional conduct of a
psychologist is measured.
(B)
Scope. The psychologist shall be governed by these ethical rules of conduct
whenever providing psychological services in any context. These ethical rules
of conduct shall apply to the conduct of all licensees and applicants,
including the applicant's conduct during the period of education, training and
employment which is required for licensure. The term psychologist, as used
within these ethical rules of conduct, shall be interpreted accordingly
whenever psychological services are being provided in any context.
(C) Responsibility for Own Actions. The
psychologist, when functioning as a licensed psychologist, shall be fully
responsible for his/her own professional decisions and professional
actions.
(D) Violations. A
violation of these ethical rules of conduct constitutes unprofessional conduct
and is sufficient reason for disciplinary action or denial of either original
licensure, reinstatement or renewal of licensure.
(E) Aids to Interpretation.The
Ethical Principles of Psychologists, Code of Conduct, Standards of Providers of
Psychological Services and Specialty Guidelines for the
Delivery of Psychological Services, (publication date August, 1990)
promulgated by the American Psychological Association and the Code of
Conduct (publication date August, 1990) promulgated by the Association
of State and Provincial Psychology Boards, shall be used as an aid in resolving
ambiguities which may arise in the interpretation of the ethical rules of
conduct, except that these ethical rules of conduct shall prevail whenever any
conflict exists between these rules and any professional association standard.
The Ethical Principles of Psychologists and Code of Conduct, Standards
of Providers of Psychological Services and Specialty
Guidelines for the Delivery of Psychological Services can be obtained
from the American Psychological Association, 750 First Street, NE, Washington,
DC 20002-4242, or by calling (800) 374-2721. The Code of
Conduct can be obtained by contacting the Association of State and
Provincial Psychology Boards, PO Box 241245, Montgomery, AL 36124-1245 or by
calling (334) 832-4580.
(2) Definitions.
(A) Client-means a receiver of psychological
services. A corporate entity or other organization can be a client when the
professional contract is to provide services of benefit primarily to the
organization rather than to individuals. In the case of individuals with legal
guardians, including minors and legally incompetent adults, the legal guardian
shall be the client for decision making purposes, except that the individual
receiving services shall be the client for:
1. Issues directly affecting the physical or
emotional safety of the individual, such as sexual or other exploitative
multiple relationships; and
2.
Issues specifically reserved to the individual, and agreed to by the guardian
prior to rendering of services, such as confidential communication in a therapy
relationship.
(B)
Confidential information-means information revealed by an individual(s) or
otherwise obtained by a psychologist, where there is a reasonable expectation
that because of the relationship between the individual(s) and the
psychologist, or the circumstances under which the information was revealed or
obtained, the information shall not be disclosed by the psychologist without
the informed written consent of the individual(s). When a corporation or other
organization is the client, rules of confidentiality apply to information
pertaining to the organization, including personal information about
individuals when obtained in the proper course of that contract. That
information about individuals is subject to confidential control of the
organization, not of the individual, and can be made available to the
organization, unless there is reasonable expectation by that individual that
information was obtained in a separate professional relationship with that
individual and is therefore subject to confidentiality requirements in
itself.
(C) Court order-means the
written or oral communication of a member of the judiciary, or other court
magistrate or administrator, if that authority has been lawfully delegated to
that magistrate or administrator.
(D) Licensed-means licensed, certified,
registered, or any other term when such term identifies a person whose
professional behavior is subject to regulation by the committee.
(E) Professional relationship-means a
mutually agreed upon relationship between a psychologist and a client(s) for
the purpose of the client(s) obtaining the psychologist's professional
expertise.
(F) Professional
service-means all actions of the psychologist in the context of a professional
relationship with a client.
(G)
Supervisee-means any person, including a psychological trainee, psychological
intern, psychological resident, provisionally licensed psychologist,
psychological assistant and qualified assistant who functions under the
extended authority of the psychologist to provide, or while in training to
provide, psychological services.
(3) Competence.
(A) Limits on Practice. The psychologist
shall limit practice and supervision to the areas in which competence has been
gained through professional education, training derived through an organized
training program and supervised professional experience. If important aspects
of the client's problems fall outside the boundaries of competency, then the
psychologist shall assist his/her client in obtaining additional professional
consultation.
(B) Maintaining
Competency. The psychologist shall maintain current competency in the areas in
which s/he practices, through continuing education, consultation, other
training, or any combination of these, in conformance with current standards of
scientific and professional knowledge.
(C) Adding New Services and Techniques.
1. The psychologist, when developing
competency in a new service or technique, shall engage in ongoing consultation
with other psychologists or relevant professionals and shall seek appropriate
education, training, supervised experience or all of the above in the new area,
service or technique. The psychologist shall inform any client whose treatment
will involve a newly developing service or technique of its innovative nature
and the known risks associated with it, and of the client's right to freedom of
choice concerning services received.
2. In those emerging areas without generally
recognized standards for preparatory training, psychologists shall take
reasonable steps to ensure the competence of their work and to protect
clients/patients, organizational clients, and others from harm.
3. When assuming forensic roles,
psychologists shall become familiar with the judicial or administrative rules
governing the psychologists' roles and seek relevant consultation and
training.
4. In emergencies,
psychologists may provide services to individuals for whom no other services
are available, even if the psychologist may not have obtained the necessary
training, provided such services are designed to assure that needed services
are not denied. These services are terminated as soon as the emergency has
ended and/or appropriate services are available.
(D) Accurate Representation. A psychologist
shall accurately represent his/her areas of competence, education,
training, experience, and professional affiliations to the committee, the
public, and colleagues.
(E)
Sufficient Professional Information. A psychologist rendering a formal
professional opinion about a person, for example about the fitness of a parent
in a custody hearing, shall not do so without direct and substantial
professional contact with or a formal assessment of that person or a detailed
explanation of why such contact did not occur.
(4) Maintenance and Retention of Records.
(A) The psychologist rendering professional
individual services to a client (or a dependent), or services billed to a third
party payer, shall maintain professional records that include:
1. Name of the client and other identifying
information such as address, telephone number, age, and/or sex;
2. The presenting problem(s) or purpose or
diagnosis;
3. Any assessment
including test results or other evaluative results obtained and any basic test
data from which they were derived;
4. The date and description of each contact
or service provided or pertaining to the client;
5. The nature, type and goals of any
psychological interventions;
6. The
fee arrangement and documentation of discussion with client prior to initiation
of services;
7. A copy of all test
or other evaluative reports prepared as part of the professional
relationship;
8. Notation and
results of formal consults with other providers;
9. Notation of referrals given or recommended
to the client;
10. Any releases
executed by the client;
11. Records
shall contain data relating to financial transactions between the psychologist
and client, including fees assessed and collected;
12. Written informed consent must be obtained
concerning all aspects of services including assessment and therapy;
13. A provisionally licensed psychologist
must include on the informed consent the fact that the provisional licensee is
working under the supervision of a licensed psychologist. The informed consent
form must identify the supervising psychologist; and
14. Entries in the records must be made
within ten (10) days following each consultation or rendition of service.
Entries that are made after the date of service must indicate the date entries
are made, as well as the date of service.
(B) To meet the requirements of these rules,
but not necessarily for other legal purposes, the psychologist shall assure
that all data entries in the professional records are maintained for a period
of not fewer than five (5) years after the last date of service rendered, or
not less than the time required by other regulations, if that is longer.
1. The psychologist shall store and dispose
of written, electronic and other records in such a manner as to ensure their
confidentiality. The psychologist shall maintain the confidentiality of all
psychological records in the psychologist's possession or under the
psychologist's control except as otherwise provided by law or pursuant to
authorization of a client specifically requesting or authorizing release or
disclosure of the client's psychological records; and
2. For each person professionally supervised,
the psychologist shall maintain, for a period of not less than five (5) years
after the last date of supervision, a record of the supervisory session that
shall include the type, place, and general content of the session, as well as
other information required by these rules, other law or good
practice.
(5) Continuity of Care.
(A) The psychologist
shall make prior arrangements for another appropriate professional(s) to be
available for consultation during periods of his/her extended absences from
professional availability. The psychologist shall inform the client of
available emergency services for use during those times when s/he cannot be
reached. These periods include, but are not limited to, after-office hours,
weekends, holidays or vacations.
(B) The psychologist shall make provisions
for the transfer or disposal of all written or electronic records of the client
in the event of the psychologist's death or incapacitation.
(6) Multiple Relationships.
(A) Impaired Psychologist. The psychologist
shall not undertake or continue a professional relationship with a client when
the competency of the psychologist, is or could reasonably be expected to be
impaired due to mental, emotional, physiologic, pharmacologic or substance
abuse conditions. If a condition develops after a professional relationship has
been initiated, the psychologist shall terminate the relationship in an
appropriate manner, shall notify the client in writing of the termination and
shall assist the client in obtaining services from another
professional.
(B) Multiple
Relationship Affecting Psychologist's Judgment. The psychologist shall not
undertake or continue a professional relationship with a client when the
objectivity or competency of the psychologist is, or could reasonably be
expected to be impaired because of the psychologist's present or previous
familial, social, sexual, emotional, financial, supervisory, political,
administrative or legal relationship with the client or a relevant person
associated with or related to the client. If a dual relationship develops or is
discovered after the professional relationship has been initiated, the
psychologist shall terminate the professional relationship in an appropriate
manner, shall notify the client in writing of this termination and shall assist
the client in obtaining services from another professional.
(C) Prohibited Relationships.
1. The psychologist, in interacting with any
current client or with a client to whom the psychologist has at anytime within
the previous twenty-four (24) months rendered counseling, psychotherapeutic or
other professional psychological services for the treatment or amelioration of
emotional distress or behavioral inadequacy, shall not enter into a financial
or other potentially exploitative relationship with him/her/them.
2. The psychologist, in interacting with any
current client or with a person to whom the psychologist at any time within the
previous sixty (60) months has rendered counseling, psychotherapeutic or other
professional psychological services for the treatment or amelioration of
emotional distress or behavioral inadequacy, shall not-
A. Engage in sexual intercourse, which
includes any genital contact of the psychologist with the client or the client
with the psychologist. This specifically prohibits sexual intercourse,
sodomy-oral, anal copulation, or both; or any penetration of the anal opening
by any one (1) part or object;
B.
Engage in kissing with the mouth, lips or tongue of the psychologist with the
client or the client with the psychologist;
C. Touching or caressing by either the
psychologist or client of the other person's breasts, genitals or
buttocks;
D. Engage in any
deliberate or repeated comments, gestures or physical contact of a sexual
nature that exploits the professional relationship with the client;
E. Terminate a therapeutic relationship with
a client or student for the purpose, expressed or implied, of having a sexual
relationship with that person;
F.
Exhibitionism and voyeurism- exposing one's self or encouraging another to
expose him/herself for the purpose of sexual gratification; or
G. Engage in any verbal or physical behavior
toward him/her which is sexually seductive, demeaning, or harassing.
3. Prohibited exploitation in
professional relationships. The psychologist shall not exploit, sexually or
otherwise, his/her professional relationship with clients, supervisees,
students, employees, research participants or others.
(7) Client Welfare.
(A) Providing Explanation of Procedures.
1. The psychologist shall give a truthful,
understandable and reasonably complete account of the client's condition to the
client or the parent of minor children or legal guardian. The psychologist
shall keep the client fully informed as to the purpose and nature of any
evaluation, treatment or other procedures, and of the client's right to freedom
of choice regarding services provided.
2. When a psychologist agrees to provide
services to a person or entity at the request of a third party, the
psychologist shall explain and document the nature of the relationships with
all individuals or organizations involved. This includes the role of the
psychologist, who is the client, the probable uses of the services provided or
the information obtained, and any known or probable limits to
confidentiality.
(B)
Termination of Services. Whenever professional services are terminated, the
psychologist shall provide alternative sources of professional services or
assistance when indicated. The psychologist shall terminate a professional
relationship when it is reasonably clear that the client is not benefitting
from the relationship, and shall prepare the client appropriately for such
termination.
(C) Unnecessary
Service. The psychologist shall not exploit clients by providing unnecessary
psychological service.
(D)
Stereotyping. The psychologist shall not impose on the client any stereotypes
of behavior, values or roles related to age, gender, religion, race,
disability, nationality or sexual preference which would interfere with the
objective provision of psychological services to the client. The psychologist
obtains training, experience or counsel to assure competent service or research
relating to these persons.
(E)
Sexual or Other Multiple Relations With a Client. The psychologist shall not
enter into a sexual or other multiple relationship with a client, as specified
in subsections (6)(B) and (C) of these ethical rules of conduct.
(F) Solicitation of Business by Clients. The
psychologist providing services to an individual client shall not induce that
client(s) to solicit business on behalf of the psychologist.
(G) Referrals on Request. The psychologist
shall make an appropriate referral to another professional when requested to do
so by the client.
(H) Offering
Services to Clients of Others. In deciding whether to offer services to someone
already receiving similar services elsewhere, the psychologist shall carefully
consider the treatment issues and the potential client's welfare. The
psychologist shall discuss these issues with the client to minimize the
probable risks of confusion and conflict, and proceed with caution and
sensitivity to the therapeutic issues.
(8) Welfare of Supervisees, Clients, Research Subjects and Students.
(A) Welfare of
Supervisees and Students. The psychologist shall not harass or exploit a
supervisee or student in any way-sexually, financially or otherwise. The
psychologist as a teacher shall recognize that the primary obligation is to
help others acquire knowledge and skill. The psychologist shall maintain high
standards of scholarship by presenting psychological information objectively,
fully and accurately. The teaching duties of the psychologist shall be
performed on the basis of careful preparation so that the instruction is
accurate, current and scholarly.
(B) Welfare of Clients and Research Subjects.
1. Clarifying expectations. The psychologist
shall document that the client has been informed as to the purpose and nature
of an evaluation, research, treatment or educational procedure as well as
reasonable alternatives in language commensurate with the individual's level of
comprehension.
2. Minors and those
with diminished capacity. Whenever possible, the psychologist shall obtain
informed consent from children and from individuals with diminished mental
capacity regarding their participation in psychological services or research.
If they object to participation, the psychologist shall consider the
individual's basic rights in light of those factors such as age, psychological
maturity and the judgment of the individual's parents or legal guardians. The
psychologist's decision shall be based upon the best interests of the
individual.
3. Voluntary and
mandatory procedures. The psychologist shall inform recipients as to the
voluntary or mandatory nature of the assessment, treatment, research,
educational or training procedure. When a procedure is voluntary, the
psychologist shall inform the clients, students or research participants of
their freedom of choice and any alternatives to participation.
4. Electronic recording and filming. The
psychologist shall obtain permission from clients, students and research
participants prior to the use of observation or electronic taping, recording or
filming procedures.
5. Access to
confidential information of others. When the possibility exists that others may
obtain access to confidential information, the psychologist shall explain this
possibility, together with plans for protecting confidentiality, to clients,
students or research participants as part of the procedure for obtaining
informed consent.
6. Inducements
for research participants. In offering clinical or other professional services
as an inducement for obtaining research participants, the psychologist shall
make clear the nature of the services as well as the risks and
obligations.
7. Research involving
risk or discomfort. When conducting research, the psychologist shall clearly
communicate to participants the experience they are likely to have, especially
those that they might find negative, such as physical risk or discomfort, or
negative emotional reactions.
8.
Freedom to avoid or withdraw from research. Individuals are ordinarily free to
decline to participate or to withdraw from research without adverse
consequences. When research participation is mandated by a third party, the
psychologist shall describe the probable consequences of consenting, declining
to participate or subsequently withdrawing from the research.
9. Protecting the right of the individual to
avoid or withdraw from research. When the psychologist conducts research with
individuals whose real or ascribed power is different than that of the
psychologist, special care shall be taken to protect their rights to decline
participation or withdraw from research.
10. Waiving informed consent.
A. Before deciding to waive informed consent,
the psychologist planning research that may not require informed consent, such
as certain types of archival research or anonymous naturalistic observations,
shall consult with federal and state guidelines or human subject review
committees.
B. When informed
consent by a legally authorized person is not permitted or required by law,
psychologists shall take reasonable steps to protect the individual's rights
and welfare.
11. Research
obligations and responsibilities. Prior to conducting research, the
psychologist shall establish a clear and fair agreement with participants that
clarifies the obligations and responsibilities of each party.
12. Post-research consultation with
participants. The psychologist shall inform participants of procedures for
contacting him/her, within a reasonable time period following participation,
should stress, harm or related questions or concerns arise.
13. Provision of participants research
results and conclusions. When conducting research, the psychologist shall
provide participants, regardless of age or diminished mental capacity, with the
opportunity to receive information about the general results and conclusions of
that research.
14. The sharing and
utilization of data. The psychologist shall clarify, in advance, the plans for
sharing and utilizing research data with participants and any other
persons.
15. Research planning. In
planning a study, the psychologist shall carefully evaluate ethical
acceptability. If the weighing of scientific and human values suggests the
possibility of a violation of any principle, the psychologist shall seek
ethical advice through peer consultation and institutional review boards, and
observe stringent safeguards to protect the rights of human participants and
the welfare of animal subjects.
16.
Animal subjects' welfare. When working with animal subjects, the psychologist
shall ensure that the animals will be treated humanely. The psychologist shall
only inflict discomfort, illness or pain when the objectives of the research
cannot be achieved by other methods. Any procedures that do inflict pain,
stress or privation must be strongly justified by their prospective scientific,
educational or applied value.
17.
Assessment of risk level and protection of human participants. Assessing the
degree of risk to research participants, according to recognized standards, is
of primary ethical concern to the psychologist. Human participants shall be
protected from physical and mental harm as well as any danger that may arise
from research procedures.
18.
Deception and debriefing. The psychologist shall not deceive human participants
about the experience of participating in a study, especially those aspects that
subjects might find negative, such as physical risk, discomfort or unpleasant
emotional experiences. Any deceptive aspects of a study shall be explained at
the conclusion or earlier. Before conducting such a study, psychologists have a
special responsibility to determine whether-
A. The use of deceptive techniques is
justified by the study's prospective scientific, educational or applied value;
and
B. Alternative procedures are
available that do not use concealment or deception.
19. Minimizing invasiveness of data
gathering. Interference with the milieu in which data are collected shall be
kept to a minimum.
(9) Protecting Confidentiality of Clients.
(A) Informing Others of Legal Limits of
Confidentiality. The psychologist shall inform clients at the outset of a
professional relationship of those constraints on confidentiality that can be
reasonably anticipated.
(B)
Safeguarding Confidential Information. The psychologist shall safeguard the
confidential information obtained in the course of practice, teaching, research
or other professional duties. Psychologists who offer services, products or
information via electronic transmission shall inform clients/patients of the
risks to privacy and limits of confidentiality.
(C) Disclosure of confidential information.
The psychologist shall disclose confidential information to others only with
the informed written consent of the client with the exceptions as set forth
here.
1. Disclosure without informed written
consent. The psychologist may disclose confidential information without the
informed written consent of the client when the psychologist judges that
disclosure is necessary to protect against a clear and substantial risk of
imminent serious harm being inflicted by the client on the client or on another
person. In that case, the psychologist shall disclose the confidential
information only to appropriate professional workers, public authorities, the
potential victim, the family, or both, of the client. When the client is an
organization, disclosure shall be made only after the psychologist has made a
reasonable and unsuccessful attempt to have the problems corrected within the
organization.
2. Use of
interpreters. Psychologists using the services of an interpreter shall obtain
informed consent from the client/ patient to use that interpreter, shall ensure
that confidentiality of test results and test security are maintained, and
include in recommendation reports and diagnostic or evaluative statements,
including forensic testimony, discussion, or any limitations on the data
obtained.
3. Legally dependent
clients. At the beginning of a professional relationship, to the extent that
the client can understand, the psychologist 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/ her communications with the
psychologist.
4. Multiple clients.
When service is rendered to more than one (1) client during a joint session,
for example to a family or a couple or a parent and child or a group, the
psychologist shall, at the beginning of the professional relationship, clarify
to all parties the manner in which confidentiality will be handled. All parties
shall be given opportunity to discuss and to accept whatever limitations of
confidentiality will be adhered in the situation.
5. Release of confidential information. The
psychologist may release confidential information upon court order, as defined
in section (2) of this rule, or to conform with state or federal law or
regulation.
6. Abuse reports of
abuse of children and vulnerable adults. The psychologist shall be familiar
with any relevant law concerning the reporting of abuse of children and
vulnerable adults, and shall comply with the law.
7. Discussion of client information among
professionals. When rendering psychological services as part of a team or when
interacting with other appropriate professionals concerning the welfare of the
client, the psychologist may share confidential information about the client
provided the psychologist takes reasonable steps to assure that all persons
receiving the information are informed about the confidential nature of the
information and abide by the rules of confidentiality.
8. Disclosure of client information to the
committee. When requested by the committee, the psychologist shall release all
patient records responsive to the request to the State Committee of
Psychologists. The committee will maintain such records as closed and
confidential records pursuant to sections
324.001.8 and
324.017,
RSMo.
(D) Limited Access
to Client Records. The psychologist shall limit access to client records and
shall assure that all persons working under his/her authority comply with the
requirements for confidentiality of client material.
(E) Disguising Confidential Information. For
any confidential information used in teaching, research or writing, the
psychologist shall insure that the reported material is appropriately disguised
to prevent client identification.
(F) Observation and Electronic
Recording. The psychologist 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.
(G) Confidentiality After Termination of
Professional Relationship. The psychologist shall continue to treat client
records as confidential information after the professional relationship between
the psychologist and the client has ceased.
(10) Integrity and Representation of Title and Services.
(A) Display of license. The
psychologist shall display the current Missouri license to practice psychology
at the primary work environment or show the license upon request.
(B) Use of Appropriate Title. When
representing him/herself to the public through advertisements, including
telephone listings, business cards, letterhead and other public announcements,
the psychologist shall use a title which accurately reflects professional
education, training and experience. This title shall be clearly presented as to
denote the actual status and training of the person. Initials of titles are not
appropriate for use. For example, the title of Psychological Resident shall not
be listed as P.R., the title of Clinical Psychologist shall not be listed as
C.P., or the title of Provisional Licensed Psychologist shall not be listed as
P.L.P. The use of initials for the highest earned relevant academic degree is
acceptable.
(C) Accurate
Representation of Services. When announcing or advertising professional
services, the psychologist may list the following information to describe the
provider and services provided: name, highest relevant academic degree earned
from a regionally accredited institution, date, type and level of certification
or licensure, diplomate status, American Psychological Association (APA)
membership status, address, telephone number, office hours, a brief listing of
the types of psychological services offered, an appropriate presentation of fee
information, foreign languages spoken and a policy with regard to third-party
payments. Psychologists licensed on the basis of a master's degree shall not
advertise their services using a higher degree earned in a field other than
psychology.
(D) Accurate
Representation of Qualifications. The psychologist shall not misrepresent
directly or by implication his/her professional qualifications, such as,
education, experience or areas of competence.
(E) Accurate Representation of Affiliations.
The psychologist shall not misrepresent directly or by implication his/her
affiliations, or the purposes or characteristics of institutions and
organizations with which the psychologist is associated.
(F) False or Misleading Information. The
psychologist shall not include false or misleading information in public
statements concerning psychological services offered. Public statements
include, but are not limited to, communication by means of periodical, book,
list, directory, television, radio or motion picture. They shall not contain:
1. A false, fraudulent, misleading, deceptive
or unfair statement;
2. A
misrepresentation of fact or a statement likely to mislead or deceive because
in context it makes only a partial disclosure of relevant facts;
3. A testimonial from a client regarding the
quality of a psychologist's services or products;
4. A statement intended or likely to create
false or unjustified expectations of favorable results;
5. A statement implying unusual, unique or
one-of-a-kind abilities;
6. A
statement intended or likely to appeal to a client's fears, anxieties or
emotions concerning the possible results of failure to obtain the offered
services;
7. A statement concerning
the comparative desirability of offered services; or
8. A statement of direct solicitation of
individual clients.
(G)
Accurate Representation of Services or Products. The psychologist shall not
associate with or permit his/her name to be used in connection with any
services or products in such a way as to misrepresent-
1. The services or products;
2. The degree of his/her responsibility for
the services or products; or
3. The
nature of his/her association with the services or products.
(H) Correction of
Misrepresentation by Others. The psychologist shall correct others who
misrepresent his/her professional qualifications or affiliations.
(I) Accurate Claims. The psychologist shall
take credit only for work actually done, including publication
credit.
(J) Publication Credit.
Publication credit shall accurately reflect the relative contribution of the
individuals involved, regardless of professional status. A student generally is
listed as the principal author of any multiple-authored article based primarily
on the student's thesis or dissertation. Minor contributions to publications
shall be acknowledged in footnotes or in an introductory statement.
(K) Acknowledging All Sources. Plagiarism in
either written or oral form is unethical. Acknowledgment through specific
citations shall be made for unpublished as well as published material that has
directly influenced the research or writing.
(L) Fabrication of Data. A psychologist shall
not fabricate data. If a psychologist discovers significant errors in their
published data, they shall take reasonable steps to correct these errors in a
correction, retraction, erratum or other appropriate publication
means.
(11) Remuneration.
(A) Financial Arrangements.
1. All financial arrangements shall be made
clear to each client in advance of billing.
2. The psychologist shall not mislead or
withhold from any client, prospective client or third-party payor information
about the cost of his/her professional services.
3. The psychologist shall not exploit a
client or responsible payor by charging a fee that is excessive for the
services performed or by entering into a bartering arrangement in lieu of a
fee.
4. The primary obligation of
the psychologist employed by an institution, agency or school is to persons
entitled to his/her services through the institution, agency or school. A
psychologist shall not accept a private fee or any other form of remuneration
from those persons unless the policies of a particular institution, agency or
school make explicit provision for private work with its clients by members of
its staff. In those instances, the client or guardian shall be fully apprised
of available services and all policies affecting him/her, prior to entering
into a private professional relationship with the psychologist.
(B) Improper Arrangements.
1. The psychologist shall neither derive nor
solicit any form of monetary profit or personal gain as a result of his/her
professional relationship with clients or immediate exclients, beyond the
payment of fees for psychological services rendered. However, unsolicited token
gifts from a client are permissible.
2. The psychologist shall not use his/her
professional relationship with clients or immediate exclients to derive
personal gain, other than through fees for professional services, for
him/herself, or for any other person, or for any organization from the sale or
promotion of a nonpsychology-related product or service.
3. The psychologist shall neither give nor
receive any commission, rebate or other form of remuneration for referral of a
client for professional services.
4. The psychologist shall not bill for
services that are not rendered. However, s/he may bill for missed appointments
which the client did not cancel in advance, if this is part of the financial
arrangements made in accordance with paragraph (11)(A)1. of this
rule.
(12) Assessment Procedures.
(A) Competent use of
assessment techniques. The psychologist shall use, administer, and interpret
psychological assessment techniques competently and maintain current knowledge
about research developments and revisions concerning the techniques that are
used. The psychologist shall incorporate and use the most recent version of an
examination within one (1) year of its publication. The psychologist may, based
upon their professional judgment, utilize a previous version of an examination
if it will provide a more thorough and diagnostically appropriate
result.
(B) Confidential
Information. The psychologist shall treat an assessment result or
interpretation regarding an individual as confidential information.
(C) Communication of Results. The
psychologist shall accompany communication of results of assessment procedures
to the client, parents, legal guardians or other agents of the client by
adequate interpretive aids or explanations.
(D) Reservations Concerning Results. The
psychologist shall include in his/her report of the results of an assessment
procedure any deficiencies of the assessment norms for the individual assessed
and any relevant reservations or qualifications which affect the validity,
reliability or other interpretation of results.
(E) Protection of Integrity of Assessment
Procedures. The psychologist shall not reproduce or describe in popular
publications, lectures or public presentations, psychological tests or other
assessment devices in ways that might invalidate them.
(F) Information for Professional Users. The
psychologist offering an assessment procedure or automated interpretation
service to other professionals shall accompany this offering by a manual or
other printed material which fully describes the development of the assessment
procedure or service, the rationale, evidence of validity and reliability, and
characteristics of the normative population. The psychologist shall explicitly
state the purpose and application for which the procedure is recommended and
identify special qualifications required to administer and interpret it
properly. The psychologist shall ensure that the advertisements for the
assessment procedure or interpretive services are factual and
descriptive.
(13) Violations of Law.
(A) Violations of
Applicable Statutes. The psychologist shall not violate any applicable statute
or administrative rule regarding the practice of psychology.
(B) Use of Fraud, Misrepresentation or
Deception. The psychologist shall not use fraud, misrepresentation or deception
in:
1. Obtaining a psychology
license;
2. Passing a psychology
licensing examination;
3. Assisting
another to obtain a psychology license or to pass a psychology licensing
examination;
4. Billing clients or
third-party payors;
5. Providing
psychological service;
6. Reporting
the results of psychological evaluations or services; or
7. Conducting any other activity related to
the practice of psychology.
(14) Aiding Unauthorized Practice.
(A) Aiding Unauthorized Practice. The
psychologist shall not aid or abet another person in misrepresenting his/her
professional credentials or in illegally engaging in the practice of
psychology.
(B) Employing Other
Licensed Professionals. A psychologist may employ or utilize the services of
other licensed professionals in his/her practice so long as this professional
is acting within the terms and scope of his/her respective license.
(C) Delegating Professional Responsibility.
The psychologist shall not delegate professional responsibilities to a person
not qualified, not appropriately credentialed to provide those services, or
both.
(D) Providing supervision. The
psychologist shall exercise appropriate supervision over supervisees, as set
forth in the regulations of the committee.
1.
In academic and supervisory relationships, psychologists establish timely and
specific processes for providing feedback to students and supervisees.
Information regarding the process is provided to the student and supervisees at
the beginning of supervision.
2.
Psychologists evaluate students and supervisees on the basis of their actual
performance on relevant and established program requirements.
3. Psychologists licensed in Missouri may
supervise individuals pursuing Missouri licensure in all behavioral health
disciplines in Chapter 337, RSMo, as well as students, trainees, and other
individuals seeking professional guidance but not actively pursuing licensure.
Supervision provided pursuant to this subdivision shall comply with the
requirements for the respective profession as well as the statutory and
regulatory requirements of licensed psychologists. Psychologists shall clearly
identify all such supervisees and fully document all supervision
activities.
(15) Resolving Issues.
(A) Reporting of Violations to Committee. The
psychologist who has knowledge or believes in good faith that there has been a
violation of the statutes or rules of the committee shall inform the committee
in writing. When the information regarding that violation is
obtained in a professional relationship with a client, the psychologist shall
report it only with the written permission of the client. Nothing in this rule
shall relieve a psychologist of the duty to file any report required by
applicable statutes. Failure to report a violation of the statutes and/or
rules, is in itself, an ethics violation.
(B) Providing Information to Client. When a
psychologist learns from a client of a possible violation of the statutes or
rules of the committee, or when a psychologist receives a request from a client
for information on how to file a complaint with the committee, the psychologist
has an obligation to inform the client of the standards of practice of
psychology and how to file a complaint with the committee.
(C) Cooperating with the Committee. The
psychologist shall cooperate with the State Committee of Psychologists by
responding personally or through his/her attorney to inquiries.
(D) Circumventing Disciplinary Rules.
Psychologists shall not circumvent a disciplinary rule of professional conduct
through actions of another.
*Original authority: 337.030, RSMo 1977, amended 1981, 1989, 1996, 2003 and 337.050, RSMo 1977, amended 1981, 1989, 1993, 1995, 1996, 1998, 1999.
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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