Current through Vol. 42, No. 1, September 16, 2024
(a)
LMFTs are dedicated to maintaining high standards of professional competence
and integrity.
(b) LMFTs are
presumed to have violated high standards of integrity or competence if they:
(1) are convicted of a felony;
(2) are convicted of a misdemeanor (related
to their qualifications or functions);
(3) engage in conduct which could lead to
conviction of felonies, or misdemeanors related to their qualifications or
functions;
(4) have their licenses
or certificates suspended or revoked; or
(5) are no longer competent to practice
marital and family therapy because they are impaired due to physical or mental
causes or the abuse of alcohol or other substances.
(c) LMFTs shall seek appropriate professional
assistance for their own personal problems or conflicts that are likely to
impair their work performance and their clinical judgment.
(d) LMFTs, as teachers and supervisors, are
dedicated to maintaining high standards of scholarship and presenting
information that is accurate.
(e)
LMFTs shall remain abreast of new developments in family therapy knowledge and
practice through both educational activities and clinical
experiences.
(f) LMFTs shall not
engage in sexual or other harassment or exploitation of clients, students,
trainees, supervisees, employees, colleagues, research subjects, or actual or
potential witnesses or complainants in ethical proceedings.
(g) LMFTs shall not attempt to diagnose,
treat, or advise on problems outside the recognized boundaries of their
competence.
(h) LMFTs shall prevent
the distortion or misuse of their clinical and research findings.
(i) LMFTs are aware that, because of their
ability to influence and alter the lives of others, they must exercise special
care when making public their professional recommendations and opinions through
testimony or other public statements.
(j) LMFTs shall protect the welfare of the
client by storing and/or destroying, when appropriate, client files.
(k) LMFTs shall not, under normal
circumstances, offer professional services to clients concurrently receiving
services from another professional except with the knowledge of the
professional.
(l) LMFTs shall
display their original, current license certificate in a prominent place in the
primary location of their practice.
(m) LMFTs shall keep the Department updated
regarding changes in mailing address, phone number and place of employment.
Failure to do so may place the license in jeopardy due to missed renewal
notices and other important communications.
(n) LMFTs and LMFT Candidates may perform
forensic services, which may include, but are not limited to, assessments,
interviews, consultations, custody evaluations, reports, or expert testimony,
or other such activity that is undertaken or conducted by the candidate or
licensee in contemplation that the results may, or are intended to be, later
furnished to a trier of fact or other decision maker, only under the following
conditions:
(1) LMFTs and LMFT Candidates
must demonstrate competence by education or experience in the subject matter
relevant to the issues in question , as determined by the court.
(2) LMFTs and LMFT Candidates shall provide a
written notice and make reasonable attempts to obtain a signature acknowledging
receipt of such notice, from each person or persons who is the subject of the
forensic services. This written notice shall include:
(A) a description of what procedure will be
followed in the evaluation process;
(B) how such information, interpretations,
conclusions, and recommendations will be distributed;
(C) fee arrangements; and
(D) explanation of the role of the evaluator
if subsequently called upon to provide expert testimony before a trier of
fact
(3) LMFTs and LMFT
Candidates shall maintain written records, in a form or format that is legible
or readable to third persons, of all contacts and information received and used
in the preparation of their report.
(4) LMFTs and LMFT Candidates must conduct a
thorough examination of the person who is the subject of their forensic
analysis, and such other person or persons who has/have a legally recognizable
right in the subject matter of the proceeding.
(5) LMFTs and LMFT Candidates must base their
findings and conclusions only upon information gained by appropriate and lawful
means. Interviews of minor children shall be preceded by written consent from
the joint-custodial parents or from the custodial parent or from the legal
guardian or from the legal custodian appointed by the Court.
(6) LMFTs and LMFT Candidates who provide
therapy services for a client shall only provide fact witness testimony, which
may include diagnostic impressions, treatment plans and other factual clinical
information ordinarily included in a treatment file. Fact witness testimony by
LMFTs and LMFT Candidates shall not include opinions or recommendations
pertaining to matter subject to a decision by the Court, in forensic matters
involving that client, unless otherwise required by law or court order. LMFTs
and LMFT Candidates who provide mediation, parent coordinating assistance or
any other neutral participation, may not undertake to provide therapy
concurrently or subsequently to any person(s) involved or directly affected by
the LMFT's or LMFT Candidate's role as a neutral participant. Fact witness
testimony means evidentiary statements that are limited to direct observations
by the LMFT or LMFT Candidate and shall not include conclusions, opinions or
recommendations.
(7) Assessments,
interviews, consultations, custody evaluations, reports or other activity not
performed in contemplation that the results would be furnished to a trier of
fact or decision maker, must be kept confidential and cannot be utilized in the
formation or publication of an opinion by the candidate or licensee.
(o) An LMFT, LMFT candidate, or
applicant for LMFT licensure, in connection with a license application or an
investigation conducted by the Department pursuant to OAC
310:400-17-3,
shall not:
(1) knowingly make a false
statement of material fact; LMFT, LMFT candidate or applicant for licensure to
have arisen in the application or the matter under investigation; or
(2) fail to disclose a fact necessary to
correct a misapprehension known by the LMFT, LMFT candidate or applicant for
licensure to have arisen in the application or the matter under investigation;
or
(3) fail to respond to a demand
for information made by the Department or any designated representative
thereof, unless a request for a protective order has been first made pursuant
to the provisions of Chapter 2 of this title, in which case the LMFT, LMFT
candidate or applicant may await the decision concerning the issuance or denial
of a protective order before making any response.
(p) No person may engage in the private or
independent practice of marital and family therapy work or open a facility with
the intent of providing private or independent therapy practice unless that
person:
(1) is licensed under this Act as a
Licensed Marital and Family Therapist; and,
(2) has met all requirements of OAC
310:400-11-4
of the LMFT Regulations; and
(3)
has continued to meet all continuing education requirements set forth in
Subchapter 15 of this Chapter.
Transferred from
310:400-5-3
by Laws 2013, c. 229, § 3(F), eff 11-1-13 (see Editor's Note at beginning
of this Chapter)
