Title 201 | Chapter 038 | Regulation 060
201 KAR 38:060.Code of ethics.
Section 1.
Identification of a Client.(1)
A client shall be a person who receives a counseling, psychotherapeutic, or other professional service from a licensed pastoral counselor.(2)
A person identified as a client pursuant to subsection (1) of this section shall be deemed to continue to be a client for a period of two (2) years following the last date of service rendered to that client.Section 2.
Responsibility to Clients.(1)
A licensed pastoral counselor shall:(a)
Advance and protect the welfare of his client;(b)
Respect the rights of persons seeking his assistance; and(c)
Make reasonable efforts to ensure that his services are used appropriately.(2)
A licensed pastoral counselor shall not:(a)
Exploit the trust and dependency of a client;(b)
1.
Except as provided by subparagraph 2 of this paragraph, engage in a dual relationship with a client, including a social, business, or personal relationship, that may:a.
Impair professional judgment;b.
Incur a risk of exploitation of the client; orc.
Otherwise violate a provision of this administrative regulation.2.
If a dual relationship cannot be avoided, and does not impair professional judgment, incur a risk of exploitation of the client, or otherwise violate a provision of this administrative regulation, a pastoral counselor shall take appropriate professional precautions to ensure that judgment is not impaired and exploitation of the client does not occur;(c)
Engage in a sexual relationship with a current client or with a former client for two (2) years following the termination of pastoral counseling;(d)
Use his professional relationship with a client to further his own interests;(e)
Continue a pastoral counseling relationship unless it is reasonably clear that the client is benefiting from the relationship;(f)
Fail to assist a person in obtaining other pastoral counseling services if the pastoral counselor is unable or unwilling, for appropriate reasons, to provide professional help;(g)
Abandon or neglect a client in treatment without making reasonable arrangements for the continuation of treatment;(h)
Videotape, record, or permit third-party observation of a pastoral counseling session without having first obtained written informed consent from the client;(i)
Engage in sexual or other harassment or exploitation of a client, student, trainee, supervisee, employee, colleague, research subject, or actual or potential witness or complainant in an investigation or a disciplinary investigation or proceeding by the board; or(j)
Diagnose, treat, or advise on problem outside the recognized boundaries of his competence.Section 3.
Confidentiality.(1)
A licensed pastoral counselor shall respect and guard the confidences of each individual client.(2)
A licensed pastoral counselor shall not disclose a client confidence except:(a)
As mandated, or permitted by law;(b)
To prevent a clear and immediate danger to a person;(c)
If the pastoral counselor is a defendant in a civil, criminal, or disciplinary action arising from the pastoral counseling, confidences may be disclosed only in the course of that action; or(d)
If a waiver has been obtained in writing, confidential information shall be revealed only in accordance with the terms of the waiver. If more than one (1) person in a family receives pastoral counseling, unless a waiver is executed by each family member receiving pastoral counseling, who is legally competent to execute a waiver, a pastoral counselor shall not disclose information received from any family member.(3)
A pastoral counselor may use client or clinical materials in teaching, writing, and public presentations if:(a)
A written waiver has been obtained in accordance with subsection (2)(d) of this section; or(b)
Appropriate steps have been taken to protect client identity and confidentiality.(4)
A pastoral counselor shall store or dispose of client records so as to maintain confidentiality.Section 4.
Responsibility to a Student or Supervisee.(1)
A licensed pastoral counselor shall not exploit the trust and dependency of a student or supervisee.(2)
A licensed pastoral counselor shall:(a)
Be aware of his influential position with respect to a student or supervisee; and(b)
Avoid exploiting the trust and dependency of these persons.1.
A pastoral counselor shall make every effort to avoid a dual relationship, including a social, business, or personal relationship, with a student or supervisee that may impair professional judgment or increase the risk of exploitation.2.
If a dual relationship cannot be avoided, a pastoral counselor shall take appropriate professional precautions to ensure judgment is not impaired and no exploitation occurs.3.
A pastoral counselor shall not provide pastoral counseling to a student, employee or supervisee.4.
A pastoral counselor shall not engage in sexual intimacy or contact with a student or supervisee.(3)
A pastoral counselor shall not permit a student or supervisee to perform or to hold himself out as competent to perform professional services beyond his level of training, experience, and competence.(4)
A pastoral counselor shall not disclose a student's or supervisee's confidence except:(a)
As mandated, or permitted by law;(b)
To prevent a clear and immediate danger to a person or persons;(c)
If the pastoral counselor is a defendant in a civil, criminal, or disciplinary action arising from the supervision, the student's or supervisee's confidence may be disclosed only in the course of that action;(d)
In an educational or training setting if there are multiple supervisors, to other professional colleagues who share responsibility for the training of the supervisee; or(e)
If there is a waiver previously obtained in writing, information shall be revealed only in accordance with the terms of the waiver.Section 5.
Financial Arrangements.(1)
A pastoral counselor shall make financial arrangements with a client, third-party payer, or supervisee that are reasonably understandable and conform to accepted professional practices.(2)
A pastoral counselor shall:(a)
Not offer or accept payment for referrals;(b)
Not charge excessive fees for services;(c)
Disclose his fees to clients and supervisees at the beginning of services; and(d)
Represent facts truthfully to clients, third-party payers, and supervisees regarding services rendered.Section 6.
Advertising.(1)
A licensed pastoral counselor shall:(a)
Accurately represent his education, training, and experience relevant to his practice of pastoral counseling; and(b)
Not use professional identification, including a business card, office sign, letterhead, or telephone or association directory listing if it includes a statement or claim that is false, fraudulent, misleading, or deceptive pursuant to subsection (2) of this section.(2)
A statement shall be false, fraudulent, misleading, or deceptive if it:(a)
Contains a material misrepresentation of fact;(b)
Fails to state a material fact necessary to make the statement, in light of all circumstances, not misleading; or(c)
Is intended to or is likely to create an unjustified expectation.Section 7.
Professional Competence and Integrity. A pastoral counselor shall maintain standards of professional competence and integrity and shall be subject to disciplinary action as provided in KRS 335.635:(1)
Upon conviction of a felony, or a misdemeanor involving moral turpitude, or a misdemeanor related to his practice as a pastoral counselor. Conviction shall include conviction based on:(a)
A plea of no contest or an "Alford Plea"; or(b)
The suspension or deferral of a sentence or conditional discharge;(2)
If his license or certificate to practice a health profession issued by another state's regulatory agency has been disciplined, or had a license or certificate to practice denied, by that state's regulatory agency;(3)
If his license or certificate to practice a health profession issued by another Kentucky regulatory agency has been disciplined or had a license or certificate to practice denied, by that Kentucky regulatory agency;(4)
Upon a showing of impairment due to mental or physical incapacity or the abuse of alcohol or other substances which may negatively impact the practice of pastoral counseling;(5)
If he misrepresented or concealed a material fact in obtaining a license or seeking reinstatement of a license, or seeking renewal of a license;(6)
If he has refused to comply with an order issued by the board; or(7)
If he has failed to cooperate with the board by not:(a)
Furnishing in writing a complete explanation to an initiating complaint filed with the board;(b)
Appearing before the board or a designated representative of the board at the time and place designated; or(c)
Properly responding to a subpoena issued by the board.(8)
Violated any statutory or regulatory section of KRS Chapter 335.HISTORY: (26 Ky.R. 286; Am. 589; eff. 9-15-1999; TAm eff. 7-17-2014; Crt eff. 2-21-2020.)
201 KAR 38:060.Code of ethics.
Section 1.
Identification of a Client.(1)
A client shall be a person who receives a counseling, psychotherapeutic, or other professional service from a licensed pastoral counselor.(2)
A person identified as a client pursuant to subsection (1) of this section shall be deemed to continue to be a client for a period of two (2) years following the last date of service rendered to that client.Section 2.
Responsibility to Clients.(1)
A licensed pastoral counselor shall:(a)
Advance and protect the welfare of his client;(b)
Respect the rights of persons seeking his assistance; and(c)
Make reasonable efforts to ensure that his services are used appropriately.(2)
A licensed pastoral counselor shall not:(a)
Exploit the trust and dependency of a client;(b)
1.
Except as provided by subparagraph 2 of this paragraph, engage in a dual relationship with a client, including a social, business, or personal relationship, that may:a.
Impair professional judgment;b.
Incur a risk of exploitation of the client; orc.
Otherwise violate a provision of this administrative regulation.2.
If a dual relationship cannot be avoided, and does not impair professional judgment, incur a risk of exploitation of the client, or otherwise violate a provision of this administrative regulation, a pastoral counselor shall take appropriate professional precautions to ensure that judgment is not impaired and exploitation of the client does not occur;(c)
Engage in a sexual relationship with a current client or with a former client for two (2) years following the termination of pastoral counseling;(d)
Use his professional relationship with a client to further his own interests;(e)
Continue a pastoral counseling relationship unless it is reasonably clear that the client is benefiting from the relationship;(f)
Fail to assist a person in obtaining other pastoral counseling services if the pastoral counselor is unable or unwilling, for appropriate reasons, to provide professional help;(g)
Abandon or neglect a client in treatment without making reasonable arrangements for the continuation of treatment;(h)
Videotape, record, or permit third-party observation of a pastoral counseling session without having first obtained written informed consent from the client;(i)
Engage in sexual or other harassment or exploitation of a client, student, trainee, supervisee, employee, colleague, research subject, or actual or potential witness or complainant in an investigation or a disciplinary investigation or proceeding by the board; or(j)
Diagnose, treat, or advise on problem outside the recognized boundaries of his competence.Section 3.
Confidentiality.(1)
A licensed pastoral counselor shall respect and guard the confidences of each individual client.(2)
A licensed pastoral counselor shall not disclose a client confidence except:(a)
As mandated, or permitted by law;(b)
To prevent a clear and immediate danger to a person;(c)
If the pastoral counselor is a defendant in a civil, criminal, or disciplinary action arising from the pastoral counseling, confidences may be disclosed only in the course of that action; or(d)
If a waiver has been obtained in writing, confidential information shall be revealed only in accordance with the terms of the waiver. If more than one (1) person in a family receives pastoral counseling, unless a waiver is executed by each family member receiving pastoral counseling, who is legally competent to execute a waiver, a pastoral counselor shall not disclose information received from any family member.(3)
A pastoral counselor may use client or clinical materials in teaching, writing, and public presentations if:(a)
A written waiver has been obtained in accordance with subsection (2)(d) of this section; or(b)
Appropriate steps have been taken to protect client identity and confidentiality.(4)
A pastoral counselor shall store or dispose of client records so as to maintain confidentiality.Section 4.
Responsibility to a Student or Supervisee.(1)
A licensed pastoral counselor shall not exploit the trust and dependency of a student or supervisee.(2)
A licensed pastoral counselor shall:(a)
Be aware of his influential position with respect to a student or supervisee; and(b)
Avoid exploiting the trust and dependency of these persons.1.
A pastoral counselor shall make every effort to avoid a dual relationship, including a social, business, or personal relationship, with a student or supervisee that may impair professional judgment or increase the risk of exploitation.2.
If a dual relationship cannot be avoided, a pastoral counselor shall take appropriate professional precautions to ensure judgment is not impaired and no exploitation occurs.3.
A pastoral counselor shall not provide pastoral counseling to a student, employee or supervisee.4.
A pastoral counselor shall not engage in sexual intimacy or contact with a student or supervisee.(3)
A pastoral counselor shall not permit a student or supervisee to perform or to hold himself out as competent to perform professional services beyond his level of training, experience, and competence.(4)
A pastoral counselor shall not disclose a student's or supervisee's confidence except:(a)
As mandated, or permitted by law;(b)
To prevent a clear and immediate danger to a person or persons;(c)
If the pastoral counselor is a defendant in a civil, criminal, or disciplinary action arising from the supervision, the student's or supervisee's confidence may be disclosed only in the course of that action;(d)
In an educational or training setting if there are multiple supervisors, to other professional colleagues who share responsibility for the training of the supervisee; or(e)
If there is a waiver previously obtained in writing, information shall be revealed only in accordance with the terms of the waiver.Section 5.
Financial Arrangements.(1)
A pastoral counselor shall make financial arrangements with a client, third-party payer, or supervisee that are reasonably understandable and conform to accepted professional practices.(2)
A pastoral counselor shall:(a)
Not offer or accept payment for referrals;(b)
Not charge excessive fees for services;(c)
Disclose his fees to clients and supervisees at the beginning of services; and(d)
Represent facts truthfully to clients, third-party payers, and supervisees regarding services rendered.Section 6.
Advertising.(1)
A licensed pastoral counselor shall:(a)
Accurately represent his education, training, and experience relevant to his practice of pastoral counseling; and(b)
Not use professional identification, including a business card, office sign, letterhead, or telephone or association directory listing if it includes a statement or claim that is false, fraudulent, misleading, or deceptive pursuant to subsection (2) of this section.(2)
A statement shall be false, fraudulent, misleading, or deceptive if it:(a)
Contains a material misrepresentation of fact;(b)
Fails to state a material fact necessary to make the statement, in light of all circumstances, not misleading; or(c)
Is intended to or is likely to create an unjustified expectation.Section 7.
Professional Competence and Integrity. A pastoral counselor shall maintain standards of professional competence and integrity and shall be subject to disciplinary action as provided in KRS 335.635:(1)
Upon conviction of a felony, or a misdemeanor involving moral turpitude, or a misdemeanor related to his practice as a pastoral counselor. Conviction shall include conviction based on:(a)
A plea of no contest or an "Alford Plea"; or(b)
The suspension or deferral of a sentence or conditional discharge;(2)
If his license or certificate to practice a health profession issued by another state's regulatory agency has been disciplined, or had a license or certificate to practice denied, by that state's regulatory agency;(3)
If his license or certificate to practice a health profession issued by another Kentucky regulatory agency has been disciplined or had a license or certificate to practice denied, by that Kentucky regulatory agency;(4)
Upon a showing of impairment due to mental or physical incapacity or the abuse of alcohol or other substances which may negatively impact the practice of pastoral counseling;(5)
If he misrepresented or concealed a material fact in obtaining a license or seeking reinstatement of a license, or seeking renewal of a license;(6)
If he has refused to comply with an order issued by the board; or(7)
If he has failed to cooperate with the board by not:(a)
Furnishing in writing a complete explanation to an initiating complaint filed with the board;(b)
Appearing before the board or a designated representative of the board at the time and place designated; or(c)
Properly responding to a subpoena issued by the board.(8)
Violated any statutory or regulatory section of KRS Chapter 335.HISTORY: (26 Ky.R. 286; Am. 589; eff. 9-15-1999; TAm eff. 7-17-2014; Crt eff. 2-21-2020.)