Current through Register Vol. 35, No. 18, September 24, 2024
A.
Informed consent for therapy and evaluation.
(1) The psychologist shall appropriately
document and obtain appropriate informed consent for therapy or related
procedures or evaluation. Informed consent means that the person:
(a) has the capacity to consent;
(b) has been informed of significant
information concerning the therapy or evaluation in language that is
understandable; and
(c) has freely
and without undue influence expressed consent.
(2) When persons are legally incapable of
giving informed consent, the psychologist shall obtain informed consent from a
legally authorized person, if such substitute consent is permitted by
law.
(3) In addition, the
psychologist shall:
(a) inform those persons
who are legally incapable of giving informed consent about the proposed
interventions or evaluations in a manner commensurate with the persons'
psychological capacities;
(b) seek
or obtain their assent to those interventions or evaluations; and
(c) consider such person's preferences and
best interests.
B.
Limits of confidentiality in
forensic, court-ordered, or child custody evaluations.
(1) The psychologist shall explain the limits
of confidentiality to parties at the outset, before the evaluation begins, and
the explanation should be documented. The psychologist shall also clarify how
the information will be used and which parties or entities will have access to
the evaluation. The procedures of the evaluation and their purpose should be
described to the parties.
(2) In
the case of child custody evaluations, the limits of confidentiality shall be
explained at the initial meeting with each parent and the children.
C.
Terminating the
professional relationship.
(1) The
psychologist shall not abandon his clients or patients.
(2) The psychologist shall terminate a
professional relationship when it becomes clear that the patient no longer
needs the service, is not benefiting from the service, is being harmed by
continued service, or if the psychologist is acting outside of his or her area
of competence.
(3) Prior to
termination, for whatever reason, except where precluded by circumstances
outside of the control of the psychologist including the patient's conduct , or
changes in administrative or financial arrangements, if possible, the
psychologist shall discuss the patient's views and needs, provide appropriate
pre-termination counseling, suggest alternative service providers as
appropriate, and take other reasonable steps to facilitate transfer of
responsibility to another provider, if the patient needs one
immediately.
D.
Impaired psychologist. The psychologist shall not undertake or
continue a professional relationship with a client when the psychologist is
impaired due to mental, emotional, physiologic, pharmacologic, or substance
abuse conditions.
E.
Continuity of care. The psychologist shall make arrangements for
another appropriate professional or professionals to deal with emergency needs
of his clients, as appropriate, during periods of his foreseeable absences from
professional availability. The psychologist shall also make advance
arrangements for managing the transfer of care for his clients or the closure
of his clients' cases upon his illness, incapacity or death.
F.
Exploitative relationships.
(1) The psychologist shall not exploit
persons over whom the psychologist has supervisory, evaluative, or other
authority such as applicants, supervisees, employees, research participants,
and clients or patients.
(2) The
psychologist shall not engage in sexual relationships with applicants,
supervisees in training over whom the psychologist has evaluative or direct
authority.
G.
Solicitation of business by patients. The psychologist shall not
induce the patient to solicit business on behalf of the psychologist.
H.
Referrals. The psychologist
providing services to a client or patient shall make an appropriate referral of
the client or patient to another professional when requested to do so by the
client or patient, when such a referral is in the best interest of the client
or patient or when the client or patient presents symptoms or behaviors that
are outside the psychologist's area of practice.
I.
Consultations. When
consulting with colleagues, the psychologist:
(1) shall not share confidential information
that could lead to the identification of a patient, client, research
participant, or other person or organization without prior written consent;
and
(2) shall share information
only to the extent necessary to achieve the purposes of the
consultation.
J.
Avoiding harm. Psychologists take reasonable steps to avoid
harming their patients, research participants, applicants and others with whom
they work, and minimize harm where it is foreseeable and unavoidable.
