Current through Vol. 42, No. 1, September 16, 2024
(a)
Discrimination.LBPs shall not, in the rendering of their
professional services, participate in, condone, or promote discrimination on
the basis of race, color, age, gender, religion or national origin.
(b)
Records.
(1)
Requirement of records.LBPs
shall maintain verifiable records necessary for rendering professional services
to their clients for at least five (5) years beyond termination of services.
LBPs employed at an institution or facility that has a published records
retention policy that is equal to the retention required by this subsection
will be deemed to be in compliance with this subsection.
(2)
Confidentiality.LBPs shall
maintain the confidentiality of any information received from any person or
source about a client, unless authorized in writing by the client or otherwise
authorized or required by law or court order.
(3)
Confidentiality of
records.LBPs shall be responsible for complying with the applicable
state and federal regulations in regard to the security, safety and
confidentiality of any behavioral health services record they create, maintain,
transfer, or destroy whether the record is written, taped, computerized, or
stored in any other medium.
(4)
Client access.LBPs shall provide the client a copy of the client's
record in accordance with state and federal laws. In situations involving
multiple clients, access to records is limited to those parts of records that
do not include confidential information related to another client.
(c)
Invasion of
privacy.LBPs shall not make inquiry into persons or situations not
directly associated with the client's situation.
(d)
Private or Independent
Practice.No person may engage in the private or independent practice of
behavioral practitioner work or open a facility with the intent of providing
private or independent counseling practice unless that person:
(1) is licensed under this Act as a Licensed
Behavioral Practitioner; and,
(2)
has met all requirements of Section
310:403-15-2
of LBP Regulations; and
(3) has
continued to meet all continuing education requirements set forth in Subchapter
21 of this Chapter.
(e)
Referral.
(1) If LBPs determine
they are unable to be of professional assistance to a client, the LBP shall not
enter a behavioral health services relationship. LBPs shall refer clients to
appropriate sources when indicated. If the client declines the suggested
referral, the LBP shall terminate the relationship.
(2) LBPs shall not abandon or neglect current
clients in treatment without making reasonable arrangements for the
continuation of such treatment.
(3)
When an LBP becomes cognizant of a disability or other condition that my
impede, undermine or otherwise interfere with the LBPs duty of responsibility
to the current client, including a suspension of the LBPs license or any other
situation or condition described in subchapter 3 of these rules, the LBP shall
promptly notify the client in writing of the presence or existence of the
disability or condition and take reasonable steps to timely terminate the
therapeutic relationship.
Transferred from
310:403-7-3 by
Laws 2013, c. 229, § 3(F), eff 11-1-13 (see Editor's Note at beginning of
this Chapter)
