Ohio Admin. Code 4732-13-04 - Requirements pertaining to supervision
(A)
Requirements for
mental health worker supervision.
(1)
Work done under mental health worker supervision shall
not be represented to any party or included in any report or official form as
the practice of psychology.
(2)
A treatment plan
shall be prepared for each recipient of services as part of the initial
evaluation and shall be signed by the mental health worker delivering the
services and the recipient or his/her legal guardian.
(3)
Within a
reasonable time period thereafter, the supervising licensed psychologist shall
review the plan and shall either:
(a)
Sign it as submitted;
(b)
Require
modifications prior to signing it; or
(c)
Refuse to sign it
if in his/her professional judgment in conformance withthe standards of the
profession of psychology it is unsatisfactory or unnecessary.
(4)
A
licensed psychologist shall exercise reasonable professional judgment,
consistent with the standards of the profession of psychology, when providing
mental health worker supervision.
(B)
Requirements for
psychological work supervision and psychological training supervision.
(1)
A supervisee is
subject to all relevant statutes and rules of the board.
(2)
A supervisor is
responsible for the psychological diagnosis, psychological prescription, and
psychological client supervision of all clients; these functions may be
delegated to a psychological work supervisee or psychological training
supervisee in accord with paragraph (B)(7) and paragraph (B)(8) of this
rule.
(3)
A supervisor has responsibility for the school
psychological diagnosis, school psychological prescription, and school
psychological client supervision of all clients; these functions may be
delegated to a school psychological work supervisee or school psychological
training supervisee in accord with paragraph (B)(7) and paragraph (B)(8) of
this rule.
(4)
A supervisee shall carry out his/her psychological or
school psychological activities in a suitable professional setting over which
the supervisor has organizational responsibility for assignment and management
of the supervisee's professional activities. All psychological activities of
the supervisee shall be performed pursuant to the licensed supervisor's
directives. Reasonable efforts shall be taken to ensure that the supervisee
provides services in compliance with the provisions of Chapter 4732. of the
Revised Code and associated administrative rules.
(5)
A supervisor
shall document the type of psychological supervision being provided, and select
and assign an appropriate title to the supervisee from the titles found in
paragraphs (E), (F), (G), or (H), (I), and (J) in rule
4732-13-03
of the Administrative Code, and shall so inform the supervisee and, when
applicable, the work setting administrator.
(6)
A supervisor
shall register with the board, in a manner prescribed by the board, all
supervisees who will perform psychological or school psychological work under
his/her authority, that is restricted under rule
4732-5-01
of the Administrative Code, including a license holder of this board who
is:
(a)
Completely retraining for a general specialty of psychology
pursuant to paragraph (F) of rule 4372-13-02 of the Administrative Code;
or
(b)
Being trained for the purpose of earning a different
license pursuant to paragraph (F) of rule
4732-13-02
of the Administrative Code.
(7)
A supervisor
shall deactivate supervisory relationships, in a manner prescribed by the
board, upon termination of psychological or school psychological work under
his/her authority
(8)
A supervisor shall keep records of supervision. These
records shall include any training supervision plans and co-supervision
agreements, dates of supervision meetings, and notes regarding supervision,
including specific clients/cases reviewed. For persons under psychological
training supervision, these records shall also provide evidence of training
activities. These records shall be maintained for a period of five years
following the termination of supervision and shall be available for inspection
by the board.
(9)
A supervisor has responsibility to make reasonable
efforts to ensure that the work of the supervisee is conducted only for clients
for whom the supervisee is competent to provide services and that such services
are performed in compliance with the provisions of Chapter 4732. of the Revised
Code and associated administrative rules.
(10)
A supervisor
shall base the intensity of the supervision on his/her professional judgment of
the supervisee's credentials, years of experience, and the complexity of the
cases under supervision and shall have direct knowledge of all clients served
by his/her supervisee. This knowledge may be acquired through direct client
contact or through other appropriate means such as audio or video recordings,
test protocols, or other client-generated material.
(11)
A supervisor
shall make reasonable efforts to plan for continuity of client care in the
event that his/her supervision is interrupted by factors such as illness,
vacation, or other unavailability as listed in paragraph (C)(11) of rule
4732-17-01
of the Administrative Code. When a supervisor arranges such backup supervision
for a period of more than thirty working days, he/she shall notify the board in
advance.
(12)
A supervisor has responsibility to assure that each
client is clearly informed of the relationship between the supervisor and the
supervisee, and their respective legal and professional responsibilities for
the services rendered to or received by the client. All clients shall be
informed of the supervised nature of the work of the supervisee, and of the
ultimate professional responsibility of the supervisor. In the case of adult,
legally competent clients receiving psychotherapy and other psychological
interventions as described in rule
4732-5-01
of the Administrative Code, this information shall be provided in the form of a
written statement explained and given to each client at the initial
professional contact. In the case of other clients, this information may be
provided in the form of a statement given to the guardian of the client. In
terms of clients receiving services for psychological evaluations as described
in rule
4732-5-01
of the Administrative Code and/or from individuals working in agencies and/or
hospitals, such a statement may be modified or integrated into organizational
informed consent documents to meet the circumstances unique to the facility and
the client. The statement shall include, but not be limited to, the
following:
(a)
Brief description of services to be provided, schedule of
charges, and an indication that billing will come from the supervisor, agency,
or institution under the supervisor's name;
(b)
Name, license
number, and professional address and telephone number of the
supervisor;
(c)
Statement on the limits of confidentiality, including
the possible need to report certain information according to law, and the
supervisor's review of the client's progress;
(d)
Statement about
the parameters of the professional relationship involving the supervisor, the
supervisee, and the client;
(e)
Statement about
the availability of the supervisor to meet with the client, on
request;
(f)
Signatures of the supervisor, the supervisee, and the
client(s) or guardian, with one copy being maintained by the
supervisor.
(13)
Supervisee evaluative reports and letters dealing with
client welfare shall be cosigned by the supervisor.
(14)
Supervisors who
shares ongoing supervisory responsibility for the psychological or school
psychological work of a supervisee with another license holder, including but
not limited to those in academic and other training settings, shall prepare a
written supervision plan, available to the board, that is agreed upon and
signed by each supervisor and the supervisee.
(15)
License holders
of this board who are receiving supervision/consultation to add a subspecialty
skill pursuant to paragraph (F)(1) of rule
4732-13-02
of the Administrative Code need not be registered with the board, although the
supervisor/consultant shall maintain a record of the supervision/consultation
relationship. These records shall be maintained for a period of five years
following the termination of supervision/consultation and shall be available
for inspection by the board.
(16)
Supervisors in
private practice settings may charge for individual supervision only, and shall
limit their fee for an individual face-to-face supervision hour that does not
exceed the supervisor's reasonable and standard hourly fee for professional
services to clients. If the supervisor charges per individual face-to-face hour
of supervision, the supervisee shall receive all fees from reimbursements,
minus reasonable overhead expenses, for clients served by the
supervisee.
(17)
A supervisor shall require the supervisee to have
consultation with relevant professionals other than the supervisor when
counseling or intervention is indicated concerning personal
problems.
(18)
Supervisors are aware that the amount of supervison
required for training supervisees is specified in rule
4732-9-01
of the Administrative Code.
(19)
A supervisor
providing psychological training supervision to assist the supervisee toward
licensure in psychology or school psychology shall comply with the
following:
(a)
A supervisor shall accept for psychological training
supervision only persons who have completed appropriate academic or
professional preparation for that area or are at an appropriate level of
progress toward such completion.
(b)
A supervisor and
supervisee shall have a co-signed, written agreement describing the goals and
content of the training experience, including clearly stated expectations
for:
(i)
The
nature of the experiences offered through supervision;
(ii)
The expected
working arrangements, quantity, and quality of the trainee's work;
and
(iii)
The financial arrangements between the supervisee and
his/her employer.
(c)
A supervisor
shall ensure that the training provides adequate breadth of experience to
enhance: the supervisee's professional attitudes and identity as a professional
psychologist or school psychologist; professional, ethical, and legal
responsibility; communication skills; critical judgment; and technical skills
and competencies in the broad areas of psychological and/or school
psychological assessment, psychological and/or school psychological
interventions, and ethical decision making. Training experiences shall not take
place until the supervisee has initiated or completed appropriate educational
preparation, including both didactic course work and practica.
(d)
When appropriate
to meet the training needs of the supervisee, the supervisor shall arrange for
consultation with other appropriate professionals.
(20)
In accord with
paragraphs (A)(1), (A)(2), (B)(1) and (B)(2) of rule
4732-13-03
of the Administrative Code, licensees may conduct psychological supervision or
school psychological supervision via telepsychology as follows:
(a)
Supervisors
recognize that the use of telepsychology is not appropriate for all cases and
supervisees, and decisions regarding the appropriate use of telepsychology are
made on a case-by-case basis. Licensees providing supervision via
telepsychology are aware of additional risks incurred when providing
supervision through the use of distance communication technologies and take
special care to conduct their supervision in a manner that protects the welfare
of the client and ensures that the client's welfare is
paramount.
(b)
Supervisors establish and maintain current competence
in the conduct of psychological supervision via telepsychology through
continuing education, consultation, or other procedures, in conformance with
prevailing standards of scientific and professional knowledge. Licensees
establish and maintain competence in the appropriate use of the information
technologies utilized in the rendering of psychological
supervision.
(c)
Supervisors providing supervision via telepsychology
shall:
(i)
Consider and document findings specific to:
(a)
Whether a given
client's presenting problems and apparent condition are consistent with the use
of telepsychology in the supervisory process to the client's benefit;
and
(b)
Whether the supervisee has sufficient knowledge and
skills in the use of the technology involved in rendering the
supervision.
(ii)
Not provide supervision via telepsychology services to
any supervisee when the outcome of the analysis required in paragraphs (B)(29)
(c)(i)(a) and (B)(29)(c)(i)(b) of this rule is inconsistent with the delivery
of supervision via telepsychology, whether related to issues involving a given
case or issues involving the technological knowledge and skills of the
supervisee.
(iii)
Upon initial and subsequent contacts with the
supervisee, make reasonable efforts to verify the identity of the
supervisee;
(iv)
Obtain alternative means of contacting the
supervisee;
(v)
Provide to the supervisee alternative means of
contacting the supervisor;
(vi)
Supervisors,
whenever feasible, use secure communications with supervisees, such as
encrypted text messages via email or secure websites or secure real-time
video;
(vii)
Prior to providing supervision via telepsychology
services, the supervisor and supervisee shall enter into a written agreement,
in plain language consistent with accepted professional and legal requirements,
relative to:
(a)
Potential risks of sudden and unpredictable disruption of
supervision dependent on telepsychology services and how an alternative means
of re-establishing electronic or other connection will be used under such
circumstances;
(b)
When and how the supervisor will respond to routine
electronic messages from the supervisee;
(c)
Under what
circumstances the supervisor and supervisee will use alternative means of
communications under emergency circumstances;
(viii)
Ensure that
confidential communications stored electronically cannot be recovered and/or
accessed by unauthorized persons when the licensee disposes of electronic
equipment and data.
(C)
Prohibitions for
psychological work supervision and psychological training supervision.
(1)
A supervisor
shall not provide supervision of psychological work to a person who has
administrative or funding authority over him/her.
(2)
A supervisor
shall not provide work or training supervision to a person with whom he/she is
associated in any business relationship except one where the psychologist or
the school psychologist is an employer of the supervisee for the practice of
psychology or school psychology.
(3)
A supervisor
shall not assume supervisory responsibility for psychological work that he/she
is not personally competent to perform.
(4)
A supervisor
shall not supervise any person whom he/she knows is illegally providing
psychological services to the public either within or outside of the
supervisory relationship.
(5)
Pursuant to paragraph (E) of rule
4732-17-01
of the Administrative Code:
(a)
There shall be no direct family relationship between a
supervisor and a supervisee.
(b)
A supervisor
shall not engage in sexual intercourse or other sexual intimacies with any
supervisee.
(c)
A supervisor shall not engage in sexual harassment or
any verbal or nonverbal conduct that is sexual in nature with any
supervisee.
(d)
A supervisor shall not enter into a supervisory
relationship for psychological work as an employee of a
supervisee.
(e)
A supervisor shall not exploit the supervisee for
financial gain or with excessive work demands.
(6)
A supervisor,
emergency situations excepted, shall ensure that there are no more than two
hundred forty work hours scheduled among all supervisees on a weekly basis,
inclusive of both direct client contact hours and other non-clinical
activities. This limitation on supervision does not apply to mental health
worker supervision as described in paragraph (A) of this rule.
(7)
A supervisor
shall not allow exploitation of a supervisee by an agency with which the
supervisor and the supervisee are affiliated.
(8)
A supervisor
shall not charge a supervisee for group supervision.
(9)
A supervisee
shall not use the title "Psychologist"; a supervisee shall not use the title
"School Psychologist," except when the supervisee holds an active certificate
or license granted by the Ohio department of education (ODE) to render school
psychological services under the authority of the ODE.
(10)
A supervisee
shall not solicit clients or generate his/her own case load and shall not
represent himself/herself as having independent choice of
clients.
(11)
A supervisee shall not collect fees for psychological
work in his/her own name.
(12)
A supervisee
shall not independently advertise; use a business card or other listing that
identifies any procedure or technique performed; announce the establishment of
a practice; have his/her name included on business letterhead stationery,
office building directory, office suite entrance door; or in any electronic or
other directory under a title incorporating "Psychologist" or "Psychology"; or,
otherwise hold himself/herself out to the public as being authorized to provide
independent psychological services. Notwithstanding these prohibitions, the
following shall be allowed:
(a)
A supervisee's degrees earned from accredited
universities, credentials granted by the state of Ohio, and appropriate job
titles may be published or posted so long as they do not confuse the client's
understanding that the work is psychological in nature and that the supervising
psychologist or school psychologist is professionally responsible for the
work.
(b)
A supervisee may use a printed business card on which
the supervisee's name, appropriate title, supervisor's name and license number,
and supervisory relationship are stated.
(13)
In accordance
with section 4732.17 of the Revised Code, the
board may refuse to issue a license to any supervisee who violates any
provision of Chapter 4732. of the Revised Code or any rules adopted by the
board.
Replaces: 4732-13-04
Notes
Promulgated Under: 119.03
Statutory Authority: 4732.06
Rule Amplifies: 4732.10, 4732.17, 4732.22, 4732.24, 4732.99
Prior Effective Dates: 10/01/1990, 09/30/1996, 07/15/2000, 11/01/2007, 05/01/2008, 01/08/2010, 11/07/2011, 06/08/2015, 01/16/2017, 08/27/2018
Promulgated Under: 119.03
Statutory Authority: 4732.06
Rule Amplifies: 4732.10, 4732.17, 4732.22, 4732.24, 4732.99
Prior effective dates: 10/1/90, 9/30/96, 7/15/00, 11/1/07, 5/1/08, 1/8/10, 11/7/11, 6/8/15, 1/16/17
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