South Carolina Code of Regulations
Chapter 36 - DEPARTMENT OF LABOR, LICENSING AND REGULATION BOARD OF EXAMINERS FOR LICENSURE OF PROFESSIONAL COUNSELORS, MARRIAGE AND FAMILY THERAPISTS, ADDICTION COUNSELORS, AND PSYCHO-EDUCATIONAL SPECIALISTS
Article 7 - CODES OF ETHICS
Section 36-23 - Code of Ethics for Addiction Counselors
Universal Citation: SC Code Regs 36-23
Current through Register Vol. 48, No. 3, March 22, 2024
(A) The Counseling Relationship
(1) Client Welfare: Addiction Counselors
understand and accept their responsibility to ensure the safety and welfare of
their client, and to act for the good of each client while exercising respect,
sensitivity, and compassion. Providers shall treat each client with dignity,
honor, and respect, and act in the best interest of each client.
(2) Informed Consent: Addiction Counselors
understand the right of each client to be fully informed about treatment and
shall provide clients with information in clear and understandable language
regarding the purposes, risks, limitations, and costs of treatment services,
reasonable alternatives, their right to refuse services, and their right to
withdraw consent within time frames delineated in the consent. Providers have
an obligation to review with their client - in writing and verbally - the
rights and responsibilities of both Providers and clients. Providers shall have
clients attest to their understanding of the parameters covered by the Informed
Consent.
(3) Limits of
Confidentiality: Addiction Counselors clarify the nature of relationships with
each party and the limits of confidentiality at the outset of services when
agreeing to provide services to a person at the request or direction of a third
party.
(4) Addiction Counselors
shall guard the individual rights and personal dignity of their clients in the
counseling relationship through an awareness of the impact of stereotyping and
unwarranted discrimination.
(5)
Legal Competency: Addiction Counselors who act on behalf of a client who has
been judged legally incompetent or with a representative who has been legally
authorized to act on behalf of a client, shall act with the client's best
interests in mind, and shall inform the designated guardian or representative
of any circumstances which may influence the relationship. Providers recognize
the need to balance the ethical rights of clients to make choices about their
treatment, their capacity to give consent to receive treatment-related
services, and parental/familial/representative legal rights and
responsibilities to protect the client and make decisions on their
behalf.
(6) Mandated Clients:
Addiction Counselors who work with clients who have been mandated to counseling
and related services shall discuss legal and ethical limitations to
confidentiality.
(7) Multiple
Therapists: Addiction Counselors shall seek to obtain a signed Release of
Information from a potential or actual client if the client is working with
another behavioral health professional. The Release shall allow the Provider to
strive to establish a collaborative professional relationship.
(8) Multiple/Dual Relationships: Addiction
Counselors shall make every effort to avoid multiple relationships with a
client. When a dual relationship is unavoidable, the professional shall take
extra care so that professional judgment is not impaired and there is no risk
of client exploitation.
(9) Group:
Addiction Counselors shall clarify who "the client" is, when accepting and
working with more than one person as "the client." Provider shall clarify the
relationship the Provider shall have with each person. In group counseling,
Providers shall take reasonable precautions to protect the members from
harm.
(10) Financial Disclosure:
Addiction Counselors shall truthfully represent facts to all clients and
third-party payers regarding services rendered, and the costs of those
services.
(11) Communication:
Addiction Counselors shall communicate information in ways that are
developmentally and culturally appropriate. Providers offer clear
understandable language when discussing issues related to informed consent.
Cultural implications of informed consent are considered and documented by
Provider.
(12) Treatment Planning:
Addiction Counselors shall create treatment plans in collaboration with their
client. Treatment plans shall be reviewed and revised on an ongoing and
intentional basis to ensure their viability and validity.
(13) Level of Care: Addiction Counselors
shall provide their client with the highest quality of care. Providers shall
use ASAM or other relevant criteria to ensure that clients are appropriately
and effectively served.
(14)
Documentation: Addiction Counselors and other Service Providers shall create,
maintain, protect, and store documentation required per federal and state laws
and rules, and organizational policies.
(15) Advocacy: Addiction Counselors are
called to advocate on behalf of clients at the individual, group,
institutional, and societal levels. Providers should speak out regarding
barriers and obstacles that impede access to and/or growth and development of
clients. When advocating for a specific client, Providers obtain written
consent prior to engaging in advocacy efforts.
(16) Referrals: Addiction Counselors shall
recognize that each client is entitled to the full extent of physical, social,
psychological, spiritual, and emotional care required to meet their needs.
Providers shall refer to culturally - and linguistically - appropriate
resources when a client presents with any special needs that are beyond the
scope of the Provider's education, training, skills, supervised expertise, and
licensure.
(17) Exploitation:
Addiction Counselors are aware of their influential positions with respect to
clients, trainees, and research participants and shall not exploit the trust
and dependency of any client, trainee, or research participant. Providers shall
not engage in any activity that violates or diminishes the civil or legal
rights of any client. Providers shall not use coercive treatment methods with
any client, including threats, negative labels, or attempts to provoke shame or
humiliation.
(18) Sexual
Relationships: Addiction Counselors shall not engage in any form of sexual or
romantic relationship with any current or former client for a period of 5 years
after last professional contact, nor accept as a client anyone with whom they
have engaged in a romantic, sexual, social, or familial relationship. This
prohibition includes in-person and electronic interactions and/or
relationships. Addiction Counselors are prohibited from engaging in counseling
relationships with friends or family members with whom they have an inability
to remain objective.
(19)
Termination: Addiction Counselors shall terminate services with clients when
services are no longer required, no longer serve the client's needs, or the
Provider is unable to remain objective. Counselors provide pre-termination
counseling and offer appropriate referrals as needed. Providers may refer a
client, with supervision or consultation, when in danger of harm by the client
or by another person with whom the client has a relationship
(20) Coverage: Addiction Counselors shall
make necessary coverage arrangements to accommodate interruptions such as
vacations, illness, or unexpected situation.
(21) Abandonment: Addiction Counselors shall
not abandon any client in treatment. Providers who anticipate termination or
interruption of services to clients shall notify each client promptly and seek
transfer, referral, or continuation of services in relation to each client's
needs and preferences.
(22) Fees:
Addiction Counselors shall ensure that all fees charged for services are fair,
reasonable, and commensurate with the services provided and with due regard for
clients' ability to pay.
(23)
Self-Referrals: Addiction Counselors shall not refer clients to their private
practice unless the policies, at the organization at the source of the
referral, allow for self-referrals. When self-referrals are not an option,
clients shall be informed of other appropriate referral resources.
(24) Commissions: Addiction Counselors shall
not offer or accept any commissions, rebates, kickbacks, bonuses, or any form
of remuneration for referral of a client for professional services, nor engage
in fee splitting.
(25) Enterprises:
Addiction Counselors shall not use relationships with clients to promote
personal gain or profit of any type of commercial enterprise.
(26) Bartering: Addiction Counselors can
engage in bartering for professional services if:
(a) the client requests it,
(b) the relationship is not exploitative,
(c) the professional relationship
is not distorted,
(d) federal and
state laws and rules allow for bartering, and
(e) a clear written contract is established
with agreement on value of item(s) bartered for and number of sessions, prior
to the onset of services. Providers consider the cultural implications of
bartering and discuss relevant concerns with clients. Agreements shall be
delineated in a written contract. Providers shall seek supervision or
consultation in regards to the bartering agreement and document that
interaction.
(27)
Uninvited Solicitation: Addiction Counselors shall not engage in uninvited
solicitation of potential clients who are vulnerable to undue influence,
manipulation, or coercion due to their circumstances.
(B) Confidentiality and Privileged Communication
(1) Confidentiality: Addiction
Counselors understand that confidentiality and anonymity are foundational to
addiction treatment and embrace the duty of protecting the identity and privacy
of each client as a primary obligation. Counselors communicate the parameters
of confidentiality in a culturally-sensitive manner.
(2) Addiction Counselors shall adhere to all
applicable federal and state laws and regulations in regards to documentation,
accessibility of records, sharing, disclosures, privacy, limits of
confidentiality, imminent danger, court subpoenas, payers, encryption, storage
and disposal of records, video recording, federal regulations stamp, diseases,
record transfer, temporary assistance, termination, and consultation.
(C) Professional Responsibilities and Workplace Standards
(1) Integrity:
Addiction Counselors shall conduct themselves with integrity. Providers aspire
to maintain integrity in their professional and personal relationships and
activities. Regardless of medium, Providers shall communicate to clients,
peers, and the public honestly, accurately, and appropriately.
(2) Nondiscriminatory: Addiction Counselors
shall provide services that are nondiscriminatory and nonjudgmental. Providers
shall not exploit others in their professional relationships. Providers shall
maintain appropriate professional and personal boundaries.
(3) Fraud: Addiction Counselors shall not
participate in, condone, or be associated with any form of dishonesty, fraud,
or deceit.
(4) Harassment:
Addiction Counselors shall not engage in or condone any form of harassment,
including sexual harassment.
(5)
Credentials: Addiction Counselors shall claim and promote only those licenses
and certifications that are current and in good standing.
(6) Scope of Practice: Addiction Counselors
shall provide services within their scope of practice and competency, and shall
offer services that are science-based, evidence-based, and outcome-driven.
Providers shall engage in counseling practices that are grounded in rigorous
research methodologies. Providers shall maintain adequate knowledge of and
adhere to applicable professional standards of practice.
(7) Proficiency: Addiction Counselors shall
seek and develop proficiency through relevant education, training, skills, and
supervised experience prior to independently delivering specialty services.
Providers engage in supervised experience and seek consultation to ensure the
validity of their work and protect clients from harm when developing skills in
new specialty areas.
(8)
Self-Monitoring: Addiction Counselors are continuously self-monitoring in order
to meet their professional obligations. Providers shall engage in self-care
activities that promote and maintain their physical, psychological, emotional,
and spiritual well-being.
(9)
Qualified: Addiction Counselors shall work to prevent the practice of
addictions counseling by unqualified and unauthorized persons and shall not
employ individuals who do not have appropriate and requisite education,
training, licensure and/or certification in addictions.
(10) Advocacy: Providers shall be advocates
for their clients in those settings where the client is unable to advocate for
themselves.
(11) Referrals:
Addiction Counselors shall not refer clients, or recruit colleagues or
supervisors, from their places of employment or professional affiliation to
their private practice without prior documented authorization. Providers shall
offer multiple referral options to clients when referrals are necessary.
Providers will seek supervision or consultation to address any potential or
real conflicts of interest.
(12)
Promotion: Addiction Counselors shall ensure that promotions and advertisements
concerning their workshops, trainings, seminars, and products that they have
developed for use in the delivery of services are accurate and provide ample
information, so consumers can make informed choices. Addiction Counselors shall
not use their counseling, teaching, training or supervisory relationships to
deceptively or unduly promote their products or training events.
(13) Testimonials: Addiction Counselors shall
be thoughtful when they solicit testimonials from former clients or any other
persons. Providers shall discuss with clients the implications of and potential
concerns, regarding testimonials, prior to obtaining written permission for the
use of specific testimonials. Providers shall seek consultation or supervision
prior to seeking a testimonial.
(14) Reports: Addiction Counselors shall take
care to accurately, honestly and objectively report professional activities and
judgments to appropriate third parties (i.e., courts, probation/parole,
healthcare insurance organizations and providers, recipients of evaluation
reports, referral sources, professional organizations, regulatory agencies,
regulatory boards, ethics committees, etc.).
(15) Advice: Addiction Counselors shall take
reasonable precautions, when offering advice or comments (using any platform
including presentations and lectures, demonstrations, printed articles, mailed
materials, television or radio programs, video or audio recordings,
technology-based applications, or other media), to ensure that their statements
are based on academic, research, and evidence-based, outcome-driven literature
and practice.
(16) Dual
Relationship: When Addiction Counselors are required by law, institutional
policy, or extraordinary circumstances to serve in more than one role in
judicial or administrative proceedings, they shall clarify role expectations
and the parameters of confidentiality with their colleagues.
(17) Illegal Practices: When Addiction
Counselors become aware of inappropriate, illegal, and/or unethical policies,
procedures and practices at their agency, organization, or practice, they shall
alert their employers. When there is the potential for harm to clients or
limitations on the effectiveness of services provided, Providers shall seek
supervision and/or consultation to determine appropriate next steps and further
action. Providers and Supervisors shall not harass or terminate an employee or
colleague who has acted in a responsible and ethical manner to expose
inappropriate employer employee policies, procedures and/ or
practices.
(18) Credit: Addiction
Counselors shall give appropriate credit to the authors or creators of all
materials used in their course of their work. Providers shall not plagiarize
another person's work.
(D) E-Therapy, E-Supervision and Social Media
(1) Definition: "E-Therapy" and
"E-Supervision" shall refer to the provision of services by an Addiction
Counselor using technology, electronic devices, and HIPAA-compliant resources.
Electronic platforms shall include and are not limited to: land-based and
mobile communication devices, fax machines, webcams, computers, laptops and
tablets. E-therapy and e-supervision shall include and are not limited to:
tele-therapy, real-time video-based therapy and services, emails, texting,
chatting, and cloud storage. Providers and Clinical Supervisors are aware of
the unique challenges created by electronic forms of communication and the use
of available technology, and shall take steps to ensure that the provision of
e-therapy and e-supervision is safe and as confidential as possible.
(2) Competency: Addiction Counselors who
choose to engage in the use of technology for e-therapy, distance counseling,
and e-supervision shall pursue specialized knowledge and competency regarding
the technical, ethical, and legal considerations specific to technology, social
media, and distance counseling. Competency shall be demonstrated through means
such as specialized certifications and additional course work and/or
trainings.
(3) Informed Consent:
Addiction Counselors, who are offering an electronic platform for e-therapy,
distance counseling/case management, e-supervision shall provide an
Electronic/Technology Informed Consent. The electronic informed consent shall
explain the right of each client and supervisee to be fully informed about
services delivered through technological mediums, and shall provide each
client/supervisee with information in clear and understandable language
regarding the purposes, risks, limitations, and costs of treatment services,
reasonable alternatives, their right to refuse service delivery through
electronic means, and their right to withdraw consent at any time. Providers
have an obligation to review with the client/supervisee - in writing and
verbally - the rights and responsibilities of both Providers and
clients/supervisees. Providers shall have the client/ supervisee attest to
their understanding of the parameters covered by the Electronic/Technology
Informed Consent.
(4) Verification:
Addiction Counselors who engage in the use of electronic platforms for the
delivery of services shall take reasonable steps to verify the
client's/supervisee's identity prior to engaging in the e-therapy relationship
and throughout the therapeutic relationship. Verification can include, but is
not limited to, picture ids, code words, numbers, graphics, or other
nondescript identifiers.
(5)
Missing Cues: Addiction Counselors shall acknowledge the difference between
face-to-face and electronic communication (nonverbal and verbal cues) and how
these could influence the counseling/supervision process. Providers shall
discuss with their client/supervisee how to prevent and address potential
misunderstandings arising from the lack of visual cues and voice inflections
when communicating electronically.
(6) Links: Addiction Counselors who provide
e-therapy services and/or maintain a professional website shall provide
electronic links to relevant licensure and certification boards to protect the
client's/supervisee's rights and address ethical concerns.
(7) Friends: Addiction Counselors shall not
accept clients' "friend" requests on social networking sites or email (from
Facebook, Instagram, etc.), and shall immediately delete all personal and email
accounts to which they have granted client access and create new accounts. When
Providers choose to maintain a professional and personal presence for social
media use, separate professional and personal web pages and profiles are
created that clearly distinguish between the professional and personal virtual
presence.
(8) Social Media:
Addiction Counselors shall clearly explain to their clients/supervisees, as
part of informed consent, the benefits, inherent risks including lack of
confidentiality, and necessary boundaries surrounding the use of social media.
Providers shall clearly explain their policies and procedures specific to the
use of social media in a clinical relationship. Providers shall respect the
client's/supervisee's rights to privacy on social media and shall not
investigate the client/supervisee without prior consent.
(E) Research and Publication
(1) Research: Research and publication shall
be encouraged as a means to contribute to the knowledge base and skills within
the addictions and behavioral health professions. Research shall be encouraged
to contribute to the evidence-based and outcome-driven practices that guide the
profession. Research and publication provide an understanding of what practices
lead to health, wellness, and functionality. Researchers and Addiction
Counselors make every effort to be inclusive by minimizing bias and respecting
diversity when designing, executing, analyzing, and publishing their
research.
(2) Consistent:
Researchers plan, design, conduct, and report research in a manner that is
consistent with relevant ethical principles, federal and state laws, internal
review board expectations, institutional regulations, and scientific standards
governing research.
(3)
Confidentiality: Researchers are responsible for understanding and adhering to
state, federal, agency, or institutional policies or applicable guidelines
regarding confidentiality in their research practices. Information obtained
about participants during the course of research is confidential.
(4) Protect: Researchers shall seek
supervision and/or consultation and observe necessary safeguards to protect the
rights of research participants, especially when the research plan, design and
implementation deviates from standard or acceptable practices.
(5) Clients: Researchers may conduct research
involving clients. Researchers shall provide an informed consent process
allowing clients to freely, without intimidation or coercion, choose whether to
participate in the research activities. Researchers shall take necessary
precautions to protect clients from adverse consequences if they choose to
decline or withdraw from participation.
(6) Explanation: Once data collection is
completed, Researchers shall provide participants with a full explanation
regarding the nature of the research in order to remove any misconceptions
participants might have regarding the study.
(7) Publication: Addiction Counselors who
author books, journal articles, or other materials which are published or
distributed shall not plagiarize or fail to cite persons for whom credit for
original ideas or work is due. Providers shall acknowledge and give
recognition, in presentations and publications, to previous work on the topic
by self and others.
(8)
e-publishing: Addiction Counselors shall recognize that entering data on the
internet, social media sites, or professional media sites constitutes
publishing.
(9) Credit: Addiction
Counselors shall assign publication credit to those who have contributed to a
publication in proportion to their contributions and in accordance with
customary professional publication practices.
(10) Student Material: Addiction Counselors
shall seek a student's permission and list the student as lead author on
manuscripts or professional presentations, in any medium, that are
substantially based on a student's course papers, projects, dissertations, or
theses. The student reserves the right to withhold permission.
(11) Proprietary: Addiction Counselors who
review material submitted for publication, research, or other scholarly
purposes shall respect the confidentiality and proprietary rights of those who
submitted it. Providers who serve as reviewers shall make every effort to only
review materials that are within their scope of competency and to review
materials without professional or personal bias.
Disclaimer: These regulations may not be the most recent version. South Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.