What happens if a counselor engages in sexual misconduct with a client or supervisee?
A counselor who engages in sexual misconduct with a client or supervisee is subject to sanctions by the Board.
A sanction constitutes
the minimum disciplinary measure and does not preclude the Board from imposing additional penalties as it considers appropriate to an individual case.
The Board shall advise _____________________ of a reprimand, suspension, or revocation of a license or certificate on the grounds of sexual misconduct.
professional associations
A counselor may not prohibit a client from
reporting sexual misconduct as a condition of settlement of a legal cause of action
What happens if a counselor does not comply with the code of ethical conduct?
(1) they shall also be in violation of Health Occupations Article, �17-313, Annotated Code of Maryland, and
(2) subject to disciplinary actions.
What cannot be used as a defense against a charge of unethical conduct?
lack of knowledge, or misunderstanding of an ethical responsibility
A counselor is interested in implementing nontraditional treatment modalities using physical contact with a client. What pertinent information should be documented in the client's record?
(1) An assessment of a client;
(2) A written rationale for the use of the physical contact treatment modality for a client; and
(3) A copy of the informed consent, signed and dated by the client and the counselor
Informed consent for nontraditional treatment modalities using physical contact must address the following:
(a) The risks and benefits of the physical contact treatment modality;
(b) The objective or objectives and intended outcome or outcomes of the proposed treatment;
(c) Available alternative interventions; and
(d) A description of the physical contact which
When is it considered unethical for a counselor to engage in nontraditional treatment modalities using physical contact?
when the risk of psychological harm to a client as a result of physical contact has been assessed to outweigh the possible benefits of the treatment, independent of a client's wishes.
A counselor may not engage in sexual misconduct with a client or supervisee.
Identify 5 examples of sexual misconduct:
(1) Inappropriate sexual language;
(2) Sexual exploitation;
(3) Sexual harassment;
(4) Sexual behavior;
(5) Therapeutic deception.
Concurrent sexual relationship, either consensual or forced, cannot exist between a counselor and ...
(1) A client;
(2) A student or supervisee over whom the counselor exercises professional authority, or maintains evaluative responsibility, supervision, or education in the professional relationship
(3) An individual with whom the client has a close perso
Yes or No? Can a Counselor have Sexual Relationships with Former Clients?
No!! Except as set forth in �C(3) of this regulation, a counselor may not engage in sexual behavior with a former client.
Can a counselor terminate professional services or a professional relationship with a client in order to enter into a nonprofessional, social, or sexual relationship with a client or an individual with whom a client has a close personal relationship?
No
Under what conditions may a counselor enter into a relationship with a former client?
if contact with the former client was
(1) brief,
(2) peripheral,
(3) consultative, or indirect, and
(4) did not constitute a therapeutic relationship.
Can you consider taking on a client who you previously engaged in sexual behavior?
No! A counselor may not provide professional services to an individual with whom a counselor has previously engaged in sexual behavior.
Who is a counselor not allowed to sexually harass?
(a) Client;
(b) Student;
(c) Supervisee; or
(d) Supervisor.
What should a counselor do if they are sexually harassed by a client?
(a) Seek professional consultation with another licensed health care professional;
(b) Redefine the professional plan of action in writing in a client's record, documenting all action taken in a client's treatment plan; and
(c) Terminate the relationship
What are 3 examples of "therapeutic deception" of a sexual nature?
With respect to a client or an individual in a close personal relationship with a client:
(1) Engaging in sexual activity on the pretense of therapeutic intent or benefit;
(2) Representing that sexual contact or activity by or with a counselor is consiste
Identify 4 examples of sexually provocative acts:
(a) Sexual contact with a counselor;
(b) Genital stimulation by or of a client or counselor;
(c) Undressing, by or of a counselor in the presence of a client, or of a client in the presence of a counselor; and
(d) Discussion or disclosure of a sexually pr
With regards to confidentiality and client records, a counselor shall maintain the ____ and _____ of a client and a client's records
privacy and confidentiality
When is a counselor allowed to release mental health records or information about a client?
only when the client's consent has been obtained, or as permitted by Health-General Article, Title 4, Subtitle 3 [Confidentiality of Medical Records], Annotated Code of Maryland
Under what conditions may alcohol and substance abuse records or information about a client be released?
(1) only with a client's consent, or
(2) as permitted by State and federal law
How should a counselor dispose of client records?
Dispose of records in accordance with Health-General Article, Title 4, Annotated Code of Maryland (after 7 years)
What key information should be provided to a client to allow the client to make an informed decision regarding treatment?
(a) The purpose and nature of an evaluation or treatment process;
(b) Additional options to the proposed treatment;
(c) Potential reactions to the proposed treatment;
(d) The estimated cost of treatment;
(e) The right of a client to withdraw from treatmen
A Counselor shall Obtain full informed consent
of a client participating in a human research program
A counselor may not imply that
a penalty may result if a client refuses to participate in a human research program.
A Counselor shall Protect a client's autonomy and dignity to decide
whether to participate in a human research program.
What are the responsibilities of a counselor obtaining consent for research programs?
(1) that full informed consent is obtained
(2) that the client's autonomy and dignity to decide whether to participate is protected
(3) May not imply that a penalty may result if a client refuses to participate in a human research program
What should you do if you have questions related to ethical obligations or professional practice?
Consult with other counselors or other relevant professionals
TRUE or FALSE: Counselor's are ethically responsible to take credit only for professional work actually performed
TRUE
What should a counselor do if their license, or certificate, or both, has been limited, restricted, suspended, revoked, or subject to disciplinary action by any other state, federal agency, or the District of Columbia?
Notify the Board
When there is a conflict of interest regarding confidentiality requirements, the counselor is ethically responsible to ...
Disclose, to all involved, conflicts of interest regarding confidentiality requirements
What are a counselors responsibilities when working with minors or other clients unable to give informed consent?
(1) Receive appropriate written authorization to provide counseling services
(2) Protect their interests
What is a counselor's primary responsibility in record keeping?
Maintain accurate records
How does a counselor provide supervision ethically?
By providing supervision to supervisees as required under COMAR 10.58.01, 10.58.07, and 10.58.08
What should a counselor do in preparation of being "absent"?
Make arrangements for another appropriate professional to act in the event of an absence of the counselor
When asked to provide treatment reports and/or evaluations, the counselor should ...
Provide lawfully requested treatment reports or evaluations, or both, to a client, insurance carriers, courts systems, institutions, or other authorized persons
TRUE or FALSE: A counselor must be familiar with the code of ethics but need not adhere to the code
FALSE! A counselor is ethically responsible to BOTH be familiar with and adhere to the code of ethics
What should a counselor do if they suspect a violation of the Health Occupations Article, Title 17 Annotated Code of Maryland?
Report suspected violations to the Board
What is a counselor's ethical responsibility with regards to investigations & proceedings?
cooperate with the Board
TRUE or FALSE: Counselors are ethically responsible to take reasonable precautions to protect clients from physical or psychological trauma
TRUE
A counselor may not participate in _____, _______, or ______ activity in the capacity of a counselor
dishonest, fraudulent, or deceitful
A counselor involved in research shall respect and protect the _____, _____ and ______ of research subjects
dignity, privacy, and welfare
What shall a counselor do when developing competence in a new service or technique?
CONSULT and/or TRAIN
(1) engage in ongoing consultation with other counselors or relevant professionals and/or (2) acquire appropriate additional education or training, or both, in the new area
What is the counselor's responsibility when establishing professional competence?
(1) PRACTICE only within the boundaries of a counselor's competence, based on education, training, supervised experience, and professional credentials;
(2) When developing competence in a new service or technique, or both, engage in ongoing consultation w
A counselor is interested in advertising their services. Where are they allowed to advertise (5 examples)?
1. directories,
2. newspapers,
3. periodicals,
4. radio or television stations, or
5. on the internet.
In placing advertisements or making other types of public statements,
a counselor shall identify a counselor's credentials in a manner that is accurate and not false, misleading, deceptive, or fraudulent.
A counselor may not place advertisements or make public statements that:
a) Contain false, fraudulent, misleading, deceptive, or unfair statements or information;
(b) Contain partial disclosures of relevant facts that misrepresent, mislead, or deceive;
(c) Contain information or facts intended or likely to create false or unju
What key counselor characteristics must be included in an internet advertisement?
1. counselor's name,
2. counselor's credentials, and
3. counselor's certificate or license number
In advertising products, workshops, or training events, a counselor shall ensure that the information disclosed is _____ for consumers to make ____ _____.
adequate, informed choices
A counselor holding a doctoral degree in a field other than counseling may not
represent that doctoral degree as relating to status or practice as a counselor
What should a counselor do upon the realization that their professional qualifications or affiliations were misrepresented in a recent clinic newsletter?
should correct others who misrepresent a counselor's professional qualifications or affiliations
A Counselor shall abstain from soliciting testimonial endorsements
from current clients or other persons who, because of particular circumstances, are vulnerable to undue influence;
A Counselor shall abstain from engaging in uninvited,
in-person solicitation of business from actual or potential clients or others who, because of particular circumstances, are vulnerable to undue influence
In the capacity of teacher a Counselor shall
ensure that statements in course outlines are accurate and not misleading, false, or deceptive, including statements regarding subject matter to be covered, the basis for evaluating progress, and the nature of the course experience.
A counselor may not use his/her __________ or _________ to solicit or recruit clients, supervisees, or consultees for their private practice.
place of employment, institutional affiliation
A counselor may not use counseling, teaching, training, or supervisory relationships for the following:
a) To promote a counselor's products or training events in a deceptive manner; or
b) On persons who, because of circumstances, may be vulnerable
A counselor may not claim organizational membership in a manner that suggests
specialized competence, training, or qualifications that a counselor does not have.
When providing commentary or advice in a public arena - lecture, presentation, radio or television program, prerecorded electronic medium, printed article, mailed material, internet, or other medium, shall ensure that:
(1) statements made are based on current and appropriate professional counseling literature and methodology;
(2) recipients of the information are not mislead or encouraged to infer that a professional counseling relationship has been established; and
(3)
When should a counselor discuss fees and financial arrangements with their client & what should be addressed?
before entering the counseling relationship,
all financial arrangements related to professional services including the use of collection agencies or legal measures for nonpayment.
TRUE or FALSE: A counselor may not accept goods or services instead of monetary payment Except as provided in �C of this regulation
TRUE with exceptions
Under what conditions may a counselor accept goods or services instead of monetary payment?
(1) The relationship is not exploitative;
(2) The client requests it;
(3) A clear written contract is established; and
(4) The arrangements are an accepted practice among professionals in the community.
What can counselor accept or give for receiving or making a referral?
NOTHING!
Board" means ...
the State Board of Professional Counselors and Therapists
Client" means ...
(a) an individual, couple, family, group, business, agency, school, organization, or association to whom a counselor is rendering professional service.
(b) includes the term and concept of "patient".
Counselor" means ...
a counselor or therapist either certified or licensed by the Board.
Dual relationship" means ...
a relationship in which a counselor is simultaneously involved in more than one type of relationship with a client.
Impaired counselor" means ...
a counselor who cannot perform the counselor's job due to substance abuse, or psychological or physical illness
Inappropriate sexual language" means...
(a) A sexualized harassing comment;
(b) An eroticized or sexually provocative comment not reasonably associated with a health care matter; or
(c) An inappropriate discussion of a sexually related matter.
Public statements" include but are not limited to ...
communications or public announcements by
a newspaper, magazine, book list, directory,
television, radio, motion picture, advertisement,
or any other electronic means.
Sexual behavior" means:
as defined in Criminal Law Article, �3-301 Annotated Code of Maryland:
(a) A "sexual act"
(b) "Sexual contact"
(c) "Vaginal intercourse
Sexual exploitation" means ...
(1) taking advantage of an unequal relationship between a counselor and a client, student, or supervisee, and
(2) not permitting the autonomy of a client, student, or supervisee.
Sexual harassment" means ...
a deliberate or repeated comment, advance, gesture, solicitation, request, or physical contact of a sexual nature.
Supervisee" means ...
an individual to whom a counselor provides professional, educational, or administrative supervision or direction.
Therapeutic deception" means ...
a representation by a counselor that sexual contact or sexual activity by or with a client is consistent with or part of a client's treatment.
A former grad school colleague known for engaging in fraudulent or dishonest professional practices wants you to join her practice. What should you do?
a counselor may not knowingly associate with, or permit the use of the professional counselor's name or firm name in a business venture
A counselor may not participate in _______________, _______________, or ________________ activity in the capacity of a counselor
dishonest, fraudulent, deceitful
A counselor may not enter into relationships that could compromise a counselor's ____________ or create __________________
objectivity, a conflict of interest
A counselor involved in research shall __________ and protect the dignity, ___________________, and ___________ of research subjects
Respect, privacy, welfare
A counselor involved in research shall comply with existing federal and State laws and regulations concerning ____________ of research subjects
treatment
A counselor involved in research shall take responsibility for the ethical treatment of research participants by whom?
others directly and reasonably related to the research
A counselor involved in research shall clearly indicate to prospective recipients _________ ______ as part of a research study and obtain _______________ ____________ in advance of treatment.
treatment given, written permission
A counselor becomes or is made aware that personal problems interfere with providing or conducting treatment. What is a counselor to do?
An impaired counselor shall Seek competent professional assistance to determine whether to suspend, terminate, or limit the scope of professional or scientific activities
An impaired counselor shall
Suspend, terminate, or limit professional activities if the counselor determines that he or she is unable to continue professional activities
With regards to advertising products, workshops, or training events, What is a key precaution for counselors holding a doctoral degree in a field other than counseling?
That they not represent that doctoral degree as relating to status or practice as a counselor.
What is considered a "sexual act" as defined in Criminal Law Article, �3-301, Annotated Code of Maryland?
(i) analingus (oral stimulation of the anus)
(ii) cunnilingus (oral stimulation of the female genitals)
(iii) fellatio (oral stimulation of a man's penis);
(iv) anal intercourse, including penetration, however slight, of the anus; or
(v) an act in which a
What is NOT considered a "sexual act" as defined in Criminal Law Article, �3-301, Annotated Code of Maryland?
(i) vaginal intercourse; or
(ii) an act in which an object or part of an individual's body penetrates an individual's genital opening or anus for an accepted medical purpose.
How is "sexual contact" defined in Criminal Law Article, �3-301, Annotated Code of Maryland?
intentional touching of the victim's or actor's genital, anal, or other intimate area for sexual arousal or gratification, or for the abuse of either party.
How is "Vaginal intercourse" defined in Criminal Law Article, �3-301, Annotated Code of Maryland?
(1) genital copulation, whether or not semen is emitted.
(2) includes penetration, however slight, of the vagina.
In regards to a Clients Welfare and Rights, a counselor shall:
(a) Inform clients of the purposes, goals, techniques, procedures, limitations, potential risks, and benefits of services to be performed;
(b) Explain to clients the implications of diagnosis, the intended use of tests and reports, fees, and billing arran
In regards to a Clients Welfare and Rights, a counselor may not:
(a) Place or participate in placing clients in positions that may result in damaging the interests and the welfare of clients, employees, employers, or the public;
(b) Condone or engage in discrimination based on age, color, culture, disability, ethnic gr
A counselor shall avoid dual relationships with clients; and
Take appropriate measures, including but not limited to, informed consent, consultation, supervision, and documentation to ensure that judgment is not impaired and no exploitation occurs if a dual relationship cannot be avoided.
True or False: A counselor may not exploit trust and dependency in relationships with supervisees, employees, research participants, students, or volunteers;
True
True or False: A counselor may not accept as clients superiors or subordinates with whom a counselor has administrative, supervisory, or evaluative relationships.
True
When dealing with Multiple Clients, how should a counselor clarify the unit of treatment in a counselor's written records?
as:
(a) Individual;
(b) Couple;
(c) Family;
(d) Group; or
(e) Any combination of �C(1)(a)�(d) of this regulation.
When dealing with Multiple Clients, A counselor shall identify in the written records the
individuals present in sessions, but not a part of the unit of treatment.
When dealing with Multiple Clients, A counselor shall communicate limitations
on confidentiality to all clients.
Termination may occur if:
(a) Services are no longer requested by a client;
(b) Counseling no longer serves a client's needs or interests;
(c) A counselor is unable to competently and ethically perform duties;
(d) A client does not pay the fees charged; or
(e) Agency or institutio
A counselor may terminate a counseling relationship only after:
(a) Securing a client's agreement; or
(b) If a client does not agree to termination, offering an appropriate referral.