Ill. Admin. Code tit. 68, § 1280.110 - Unethical, Unauthorized or Unprofessional Conduct
The Division may suspend or revoke any license issued under the Act, refuse to renew a license or take other disciplinary action, based upon its finding of unethical, unauthorized or unprofessional conduct within the meaning of Section 80 of the Act, which is interpreted to include, but is not limited to, the following acts or practices. These standards shall apply to any license issued under the Act.
a)
Professional Relationships
1) Practicing,
condoning, facilitating, collaborating with or engaging in discrimination based
on age, culture, disability, ethnicity, race, religion/spirituality, gender,
gender identity, sexual orientation, marital status/partnership, language
preference, socioeconomic status or any basis prescribed by law. Licensees
shall not discriminate against clients, students, employees, supervisees or
research participants in a manner that has a negative impact on these
persons.
2) Engaging in any action
that violates or diminishes the civil or legal rights of clients.
3) Engaging in the sexual exploitation of
clients, clients' romantic partners, or clients' family members, students or
supervisees.
4) Engaging in or
condoning sexual harassment, including, but not limited to, deliberate or
repeated comments, gestures or physical contacts of a sexual nature, that
occurs in connection with professional activities or roles.
5) Bringing personal or professional biases
into the professional relationship. Through an awareness of the impact of
stereotyping and discrimination (i.e., biases based on age, disability,
ethnicity, gender, religion or sexual preference), licensees guard the
individual rights and personal dignity of the client in the professional
relationship.
6) Engaging in any
type of sexual or romantic intimacies with clients, clients' romantic partners,
or clients' family members. Licensees shall not provide professional services
to persons with whom they have had a sexual relationship, including the
person's romantic partners or family members.
7) Engaging in sexual intimacies with former
clients, clients' romantic partners or clients' family members prior to 5 years
after termination of the counselor/client relationship.
8) Engaging in any nonprofessional
relationships with clients, former clients, clients' romantic partners, or
clients' family members should be avoided, except when the interaction is
potentially beneficial to the client. All potentially beneficial relationships
must be documented in case notes, and conducted with full client consent. When
unintentional harm occurs to the client or former client, or to an individual
significantly involved with the client or former client, due to nonprofessional
interaction, the licensees must show evidence of an attempt to remedy that
harm.
9) Failing to offer all
pertinent facts regarding services rendered to the client prior to
administration of professional services. The purpose of informed consent is to
insure a client's complete access to information pertaining to professional
services. Examples include, but are not limited to, the purposes, goals,
techniques, procedures, limitations, potential risks, and benefits of services;
the licensee's qualifications, credentials and relevant experience; and
continuation of services upon the incapacitation or death of a licensee.
Licensees must take steps to ensure that clients understand the implications of
diagnosis, the intended use of assessments and reports, billing arrangements,
and length of treatment and utilization of consultants. The client's signature
indicating receipt of pertinent information is strongly encouraged.
b) Confidentiality
1) Failing to inform clients at the onset of
the professional relationship of the limits of confidentiality. These include,
but are not limited to, limitations mandated by the law, requirements to
protect clients or identified others from serious and foreseeable harm, or when
the licensee is a defendant in a civil, criminal or disciplinary action arising
from the counseling.
2) Revealing
facts, data or information relating to a client or examinee, except as allowed
under Section 75 of the Act or under the Mental Health and Developmental
Disabilities Confidentiality Act [740 ILCS 110 ] or any other federal or State
laws pertaining to confidentiality.
3) Failing to take appropriate steps to
protect the privacy of a client and avoid unnecessary disclosures of
confidential information. The right to privacy belongs to clients and may be
waived. A written waiver shall be signed by the client and the information
revealed shall be in accordance with the terms of the waiver.
c) Scope of Practice/Professional
Responsibility
1) Performing or pretending to
be able to perform professional services beyond one's scope of practice and
one's competency, as defined by education, training, supervised experience,
State and national professional credentials, and appropriate professional
experience.
2) Abandoning or
neglecting clients and/or failing to refer and/or make appropriate arrangements
for the continuation of treatment, when necessary, during interruptions, such
as vacations or illness, and following termination.
3) Failing to use
techniques/procedures/modalities that are grounded in professionally accepted
theory and/or have an empirical or scientific foundation. Licensees who do not
use these tools must define the techniques/procedures as "unproven" or
"developing", explain the potential risk and ethical considerations of using
the techniques/procedures, and take steps to protect clients from possible
harm.
4) Failing to establish and
maintain client records and case notes, including failing to inform clients of
issues related to the difficulty of maintaining the confidentiality of
electronically transmitted communication. Records must be maintained for at
least 7 years. In the case of a minor, records must be maintained for at least
7 years after the minor turns 18.
5) Failing to inform clients of the benefits
and limitations of using information technology applications in the counseling
or evaluation process and in business/billing procedures. These technologies
include, but are not limited to, computer hardware and software, telephone, the
internet, online assessment instruments, and other communication
devices.
6) Advertising shall not
be deceptive, misleading or false. Licensees should claim or imply only
professional credentials possessed and are responsible for correcting any
misrepresentation of their credentials by others. Professional credentials
include highest relevant degrees, accreditation of graduate programs, national
voluntary certifications, government-issued certifications or licenses,
professional memberships, or any other credential that might indicate to the
public specialized knowledge or expertise in professional counseling.
7) Submission of fraudulent claims for
services to any person or entity, including, but not limited to, health
insurance companies or health service plans or third party payors.
8) Knowingly offering or providing services
to a client when the licensee's ability to practice is impaired; failing to
seek assistance for problems that reach the level of professional impairment;
failing to, if necessary, limit, suspend or terminate professional
responsibilities until it is determined that it is safe to resume work; or
offering professional services when the licensee's personal problems or
conflicts may harm a client or others. Causes of impairment may include, but
are not limited to, the abuse of mood altering chemicals and physical or mental
problems.
d) Supervision
1) Permitting a supervisee or intern under
his/her supervision or control to perform, or permitting the supervisee or
intern to hold himself or herself out as competent to perform, professional
services beyond the supervisee's or intern's level of education, training
and/or experience.
2) Allowing a
supervisee to violate the rights of clients, permitting a supervisee to violate
the confidentiality standards or client privacy, or failing to provide clients
with professional disclosure information and inform them of how the supervision
process influences the limits of confidentiality, including who will have
access to records of the professional relationship and how these records will
be used.
3) Participating in any
form of sexual or romantic contact with supervisees. Nonprofessional
relationships with supervisees that might impair the supervisor's objectivity
and professional judgment should be avoided and/or the supervisory relationship
terminated.
e)
Evaluation, Assessment and Interpretation
1)
Failing to have appropriate education and training for each specific
assessment, to recognize the limits of the licensee's competence, and to
perform only those functions for which the licensee is prepared. In particular,
licensees using technology-assisted test interpretations must be trained in the
construct being measured and the specific instrument being used prior to using
the technology-based application.
2) Failing to inform prospective research
participants or their authorized representatives fully of potential serious
after-effects of the research or failing to remove the after-effects as soon as
the design of the research permits.
f) The Division hereby incorporates by
reference the Ethical Principles in the Professional Code of Ethics (2001
edition) published by the Association for the Treatment of Sexual Abusers
(ATSA), 4900 S.W. Griffith Drive, Suite 274, Beaverton, Oregon 97005; or
http://www.atsa.com/atsa-code-ethics.
This incorporation by reference does not include any later amendments or
editions.
Notes
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