Current through all regulations passed and filed through March 18, 2024
(A) Responsibility
to clients/consumers of services as to competency:
(1) Licensees and registrants shall be able
to present reliable and substantial evidence of competency in the areas in
which they practice. Licensees and registrants shall not misrepresent directly,
indirectly or by implication their professional qualifications such as
education, specialized training, experience, or area(s) of competence.
Licensees or registrants shall not use a doctorate designation in their
professional capacity unless it is related to the field of mental health and is
from a recognized accredited educational institution.
(2) Licensees and registrants shall practice
only within the competency areas for which they are qualified by education and
training. Licensees and registrants shall maintain appropriate standards of
care based on their individual professional license. Standards of care shall be
defined as what an ordinary, reasonable professional with similar training
would have done in a similar circumstance.
(3) While developing new skills in specialty
areas, a licensee or registrant of the board
shall take steps to ensure the competence of their
work and to protect the clients from possible harm. A
licensee or registrant shall
claim skills in specialty areas only after appropriate education, training, and
while receiving appropriate peer consultation.
(4) Licensees and registrants do not
diagnose, treat, or advise on problems outside the recognized boundaries of
their competencies and scope of practice.
Licensees and registrants shall make appropriate referrals when the client's
needs exceed the licensee's or registrant's
competence level or scope of practice. The referrals shall
be made in a timely manner.
(5) All
licensees or registrants of the board, in accordance
with their scope of practice and competence level,
shall use techniques/ procedures/ modalities in diagnosing
and treating mental and emotional disorders that are grounded in theory and/ or
have an empirical or scientific foundation, otherwise, they shall define the
techniques/ procedures as "unproven" or "developing" and explain to their
clients the potential risks and ethical considerations of using such
techniques/ procedures and take steps to protect clients from possible harm.
Individuals licensed at the level of professional counselor, social worker and
marriage and family therapist shall diagnose and treat mental and emotional
disorders only under proper supervision.
(B) Responsibility to clients/consumers of
services as to informed consent:
(1)
Licensees or registrants of the
board shall inform clients/consumers of services the extent and nature of
services available to them, as well as the limits, rights, opportunities and
obligations associated with the services to be provided which might effect the
clients/consumers of services decisions to enter into or continue the
relationship.
(2) Licensees and
registrants shall provide services to clients only in the context of a
professional relationship based on valid informed consent. Licensees and
registrants shall use clear and understandable language to inform clients of
the purposes of services, limit to the services due to legal requirements,
relevant costs, reasonable alternatives, the clients' rights to refuse or
withdraw consent, and the timeframe covered by the consent.
(3) In instances when clients are unable to
read or understand the consent document or have trouble understanding the
primary language contained in the informed consent document, licensees shall
take steps to ensure the client's comprehension including providing a detailed
verbal explanation or arranging for a qualified interpreter or translator as
needed. If a client because of age or mental condition is not competent to
provide informed consent, the licensee shall obtain consent from the parent,
guardian, or court appointed representative.
(4) Best professional practice dictates that
a licensee or registrant of the
board shall adhere to the court documents provided such documents do not
conflict with Chapter 4757. of the Revised Code or agency 4757 of the
Administrative Code. If a counselor, social worker, or marriage and family
therapist does not understand the court document, they shall attempt to gain
clarification before proceeding with treatment.
(5) Licensees and registrants, as part of the
on-going informed consent process, shall obtain any relevant court documents
pertaining to custody, visitation, shared parenting, guardianship, or other
matters, before proceeding with treatment.
(6) In situations when clients are receiving
services involuntarily, licensees and registrants
shall provide information about the nature and extent of
the services and about the client's right to refuse services and the
consequences of that refusal.
(7)
Licensees or registrants of the
board who provide services via electronic means shall inform the clients
and recipients of the limitations and risks associated with such
services.
(8) When a
licensee or registrant provides
services to two or more clients who have a relationship with each other and who
are aware of each other's participation in treatment (for example couples,
family members), a licensee or
registrant shall clarify with all parties the nature of the licensee's
professional obligations to the various clients receiving services, including
limits of confidentiality. A counselor, social worker, or marriage and family
therapist who anticipates a conflict of interest among the clients receiving
services or anticipates having to perform in potentially conflicting roles (for
example a licensee who is asked or ordered to testify in a child custody
dispute or divorce proceeding involving clients) shall clarify their role with
the parties involved and take appropriate action to minimize any conflict of
interest.
(9) When a
licensee or registrant sees
clients for individual or group treatment, there may be reason for a third
party to join the session for a limited purpose. The licensee shall ask the
client or legal guardian to provide written authorization that describes the
purpose and need for the third party to join the session and describes the
circumstances and extent to which confidential information may be disclosed to
the third party. The counselor, social worker, or marriage and family therapist
shall make it clear that the third party is not a client and there is no
confidentiality between the licensee and the third party. The
licensee or registrant shall
make it clear to the third party that the third party shall not have rights to
access any part of the client's file including any session in which they
participated unless the client signs a release. A counselor, social worker, or
marriage or family therapist shall not make recommendations to courts,
attorneys or other professional concerning non-clients.
(10) When a court or other judicial body
orders an evaluation, assessment or other official report, the licensee shall
inform the client of the parameters of the court order. The counselor, social
worker, or marriage and family therapist shall not go beyond the parameters of
the court order without obtaining written permission from the court or other
judicial body.
(11) A counselor,
social worker, or marriage and family therapist shall only make recommendations
to a court, attorney or other professional concerning a client.
(12)
Licensees and registrants shall communicate
information in ways that are both developmentally and culturally appropriate.
Licensees and registrants
shall use clear and understandable language when discussing issues related to
informed consent. When clients have difficulty understanding the language used
by the licensee or
registrant, they shall provide necessary services (e.g., arranging for a
qualified interpreter or translator) to ensure comprehension by clients. In
collaboration with clients, counselors, social workers, or marriage and family
therapists shall consider cultural implications of informed consent procedures
and, where possible,
licensees and
registrants shall adjust their practices accordingly.
(C) Responsibility to
clients/consumers of services as to delegation: Licensees and registrants
shall delegate professional responsibilities to another person only when the
licensee delegating the responsibilities knows that the task is within the
person's scope of practice and the person qualifies by training, experience
and/or licensure to perform them.
(D) Responsibility to clients/consumers of
services as to confidentiality:
(1)
Licensees and registrants
shall have a primary obligation to protect the client's right to
confidentiality as established by law and the professional standards of
practice. Confidential information shall only be revealed to others when the
clients or other persons legally authorized to give consent on behalf of the
clients, have given their informed consent, except in those circumstances in
which failure to do so would violate other laws or result in clear and present
danger to the client or others. Unless specifically contraindicated by such
situations, clients shall be informed and written consent shall be obtained
before the confidential information is revealed.
(2)
Licensees and registrants shall discuss with clients
and the clients' legally authorized representatives, the nature of
confidentiality and the limitation of clients' right to confidentiality.
Licensees and registrants shall review with
clients circumstances where confidential information may be requested and where
disclosure of confidential information is legally required. This discussion
shall occur as soon as possible in the professional relationship and as needed
throughout the course of the relationship.
(3) When licensees and registrants, within
their scope of practice, provide counseling services to families,
couples, or groups,
licensees and registrants shall seek agreement
among the parties involved concerning each individual's right to
confidentiality and obligations to preserve the confidentiality of information
shared by others. Licensees and registrants shall
inform participants in family, group, or couples counseling that the licensee
cannot guarantee that all participants shall honor such agreements.
(4)
Licensees and registrants shall take reasonable and
appropriate steps to protect the confidentiality of information transmitted to
other parties when using computers, electronic mail, facsimile machines,
telephones and telephone answering machines, and other electronic or computer
technology.
(5) Licensees and
registrants shall explain the required limitations of confidentiality imposed
by a mandating authority when working with clients who have been mandated for
counseling services. Licensees shall also explain what type of information and
with whom that information is shared prior to the beginning of counseling. The
mandated client has the right to refuse services and the licensee shall, to the
best of their ability, explain the consequences possibly imposed by the
mandating authority of refusing the counseling services.
(E) Responsibility to clients/consumers of
services as to termination:
(1)
Licensees and registrants
shall terminate services only after giving careful consideration to factors
affecting the relationship and making effort to minimize possible adverse
effects. If an interruption or termination of services is anticipated,
reasonable notification and appropriate referral for continued services shall
be provided to the client/consumer of services.
(2)
Licensees and registrants
employed by or contracted with an agency or
practice, when leaving the agency or practice,
shall offer referrals to the client. The referral
shall include multiple options for the client to choose from, and the agency
where the client is currently being seen shall be included as an option, the
licensee's
new practice location or
agency may be one of the multiple options. A
licensee or registrant shall not offer their new practice or agency location as
the sole referral for services upon termination. Licensees and registrants are
prohibited from soliciting former clients.
(3) In the event that a licensee or
registrant is terminated for cause from a position as a volunteer or paid
licensee, it is not the responsibility of the licensee or registrant to provide
continuation of services or appropriate referrals. Licensees and registrants
who are terminated for cause shall not contact their ex-clients.
(F) Responsibility to
clients/consumers of services as to sexual harassment:
Licensees and registrants
shall not sexually harass clients/consumers of services family members of
clients, exclients or other persons encountered in professional settings.
Licensees shall not sexually harass supervisees, students, or colleagues.
Sexual harassment includes sexual advances, sexual solicitation, requests for
sexual favors, and other verbal, nonverbal or physical conduct of a sexual
nature. A client of the agency is considered a client of each licensee and
registrant employed or contracted by the agency for purposes of ethics under
the sexual harassment section of this chapter. The duty of the licensee
or registrant is based on that particular
clinician's knowledge of a client's identity prior to
starting a relationship.
(G)
Responsibility to clients/consumers of services as to discrimination:
(1)
Licensees and registrants shall not practice, condone,
facilitate or collaborate with any form of discrimination on the basis of age,
sex, gender identity and expression, sexual orientation, race, ethnicity,
national origin, immigration status, disability, religion, language, culture,
veteran status, marital status, political belief, housing status, and
socioeconomic status.
(2)
Licensees and registrants
should obtain education about and seek to understand the nature of diversity
with respect to age, sex, gender identity and expression, sexual orientation,
race, ethnicity, national origin, immigration status, disability, religion,
language, culture, veteran status, marital status, political belief, housing
status, and socioeconomic status.
(H) Responsibility to clients/consumers of
services as to conduct with clients and other individuals:
(1)
Licensees and registrants shall not physically or
verbally abuse or threaten clients family members of clients, ex-clients or
other persons encountered in professional settings. Licensees shall be aware
that any physical touching between the professional and the client is subject
to review for appropriate professional boundaries. The professional shall have
the burden of proof to explain why physical touching was professionally
necessary.
(2)
Licensees and registrants
shall not use derogatory language in their written or verbal communications to
or about clients, ex-clients or family members of clients or ex-clients.
Licensees and registrants shall use accurate and
respectful language in all communications to and about clients and other
persons in professional settings.
(I) Licensed independent social workers,
professional clinical counselors, and independent marriage and family
therapists shall provide appropriate supervision to licensees who do not hold
an independent license. This shall include ensuring all supervision
documentation is provided to the board in a timely fashion and meeting with the
supervisee on a regular basis to discuss the specific issues in the dependent
licensee's practice. Supervisors shall be accurate with all supervision
reporting issues. Supervisors shall not sign as the training supervisor, if
they did not provide direct supervision.