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 ingeneral 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 an LBP 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 an LBP becomes aware that another LBP or LBP
Candidate is violating Section
310:403-7-4,
the LBP or LBP Candidate must, within a reasonable time, report the improper
sexual contact to the Department in accordance with Section
310:403-31-2.
(g)
Evaluations. LBP candidates
and licensees 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) LBP candidates and licensees 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
310:403-7-1,
310:403-7-2(a)(f),
and
310:403-7-7(f)(1)(2)(3)
of this Chapter.
(2) LBP candidates
and licensees shall prepare a written report and include a separate section
therein containing the author's 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 report's publication unless otherwise required by law or
court order.
(3) LBP candidates and
licensees 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) LBP candidates and licensees 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) LBP candidates and
licensees 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) LBP candidates and
licensees 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. LBP candidates and licensees 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 LBP candidate's or licensee's role as a neutral participant.
Fact witness testimony means evidentiary statements that are limited to direct
observations made by the LBP candidate or licensee 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.
Transferred from
310:403-7-2 by Laws
2013, c. 229, § 3(F), eff 11-1-13 (see Editor's Note at beginning of this
Chapter)
