Current through Vol. 42, No. 1, September 16, 2024
(a)
Behavioral health services.
LBPs shall practice only within the boundaries of their competence, based on
their education, training, supervised experience, state and national
professional credentials, and appropriate professional experience.
(b)
Testing. LBPs shall know the
limits of their competence and shall therefore perform only those testing and
assessment services for which they have been trained. LBPs shall be familiar
with related standardization and proper application and security of any
technique utilized. LBPs using computer-based test interpretations shall be
trained in the construct being measured and the specific instrument being used
prior to using this type of computer application. LBPs shall ensure the proper
use of assessment techniques by persons under their supervision.
(c)
Specialty. LBPs shall not
represent themselves as specialists in any aspect of behavioral health
services, unless so designated by the Board.
(d)
Research.
(1) LBPs shall plan, design, conduct, and
report research only in a manner consistent with current, pertinent ethical
principles put forth in the "Ethical Standards and Code of Conduct" governing
Northamerican Association of Masters in Psychology (NAMP), federal and state
laws, rules, and scientific standards governing research with human subjects.
(2) The research principles of the
NAMP "Ethical Standards and Code of Conduct" are as follows:
(A) Principle 8: Research with Human and
Animal Participants
(i) 8.1 Relevant
research. The Masters in Psychology shall only undertake research pertaining to
human subjects when such research contributes to psychology as a science and
humankind in general. On the premise of this forethought, one conducts the
research with the utmost concern for the dignity and welfare of their research
participants.
(ii) 8.2 Informed
consent in research. The Masters in Psychology shall make certain that research
participants fully understand the conditions and comprehend the general nature
of the research when requesting informed consent. Research that involves
deception on the part of the researcher should in general be avoided, unless
the perceived outcomes far exceed any perceived minimal adverse reactions and
in either case a debriefing session suitable to the research will always be
conducted.
(B) Principle
10: Teaching, Training & Research Publication
(i) 10.1 Candidness in research techniques.
The Masters in Psychology shall make every effort to make available any and all
appropriate materials supporting research materials and to readily disseminate
results for replication.
(ii) 10.2
Proper supervision. The Masters in Psychology shall maintain proper supervision
of their employees, subordinates, supervisees, and research assistants in the
delegation of duties and shall make every ethically appropriate effort to
ensure that only those individuals competent to perform such services do
so.
(e)
Impairment. LBPs shall not
offer or render professional services when such services may be impaired by a
personal physical, mental or emotional condition(s). LBPs shall seek assistance
for any such personal problem(s) with their physical, mental or emotional
condition, and, if necessary, limit, suspend, or terminate their professional
activities. If a LBPs possesses a bias, disposition, attitude, moral persuasion
or other similar condition that limits his or her ability to recommend a course
of treatment or decision-making that is indicated, and under such circumstances
where all other treatment and decision options are contra-indicated, then in
that event the LBP shall not undertake to provide counseling and shall
terminate the counseling relationship in accordance with this
Chapter.
(f)
Knowledge of
improper sexual contact. If a LBP becomes aware that another LBP or
Candidate is violating Section
86:20-5-4,
the LBP must, within a reasonable time, report the improper sexual contact to
the Board in accordance with Section
86:20-29-3.
(g)
Evaluations. LBPs may not
perform forensic services, which 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, except under the
following conditions:
(1) LBPs must
demonstrate competence by certification, education or experience in the subject
matter relevant to the issues in question and must certify in writing that they
have complied with all applicable provisions of the Rules and Regulations
(described in Sections
86:20-5-1,
86:20-5-2(a)(f), and
86:20-5-7(f)(1)(2)(3)
of this Chapter.
(2) LBPs shall
prepare a written report and include a separate section therein containing the
authors findings and conclusions relative to their analysis. Additionally, the
candidate or licensee must provide to 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, which may be
directly adversely affected by the findings and conclusions made by the
candidate or licensee, a copy of the written report at no cost to the person or
persons entitled to receive a copy of the written report pursuant to this
section. The copy(ies) must be provided at least ten (10) days prior to the
reports publication unless otherwise required by law or court order.
(3) LBPs 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) LBPs 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, which may be directly adversely affected by
the findings and conclusions made by the candidate or licensee, and must
utilize a "face-to-face" interview of the person who is the subject of the
forensic analysis, or any other such person who may be directly adversely
affected by the findings and conclusions made by the candidate or
licensee.
(5) Licensees and
Candidates must base their findings and conclusions only upon information
gained by appropriate and lawful means. Interviews of minor children must 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)
Licensees and Candidates LBPs who provide counseling services for a client may
only provide fact witness testimony in forensic matters involving that client,
unless otherwise required by law or court order. LBPs who provide mediation,
parent coordinating assistance or any other neutral participation, may not
undertake to provide counseling to any person(s) involved or directly affected
by the LBPs role as a neutral participant. Fact witness testimony means
evidentiary statements that are limited to direct observations made by the LBP
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.
