Ohio Admin. Code 4757-5-03 - Standards of ethical practice and professional conduct: multiple relationships
(A)
Counselors, social workers, or marriage and family therapists shall avoid
multiple relationships and conflicts of interest with any
client/consumer-of-services, ex- clients, family members of clients or
ex-clients, or other persons encountered in professional or non-professional
setting, which are not in the best interest of the client and might impair
professional judgment or which increases the risk of
client/consumer-of-services exploitation.
(1)
When a multiple relationship is first recognized or cannot be avoided,
counselors, social workers, and marriage and family
therapists
licensees and registrants
shall take the following appropriate professional precautions:
(a) All potential multiple relationship
and/or conflicts of interest shall be discussed with the client as soon as
possible after being first recognized and shall continue only with both parties
agreement;
(b) All multiple
relationships and/or conflicts of interest shall be noted in the client record
with reasoning as to why it is in the best interest of the client and/or not
harmful;
(c) Such notation shall be
continually reassessed and justified in the record;
(d) Issues such as informed consent,
consultation, and supervision shall be considered to ensure that judgment is
not impaired and that no exploitation occurs.
(2) A client of the agency is considered a
client of each counselor, social worker, or marriage
and family therapist
licensee or
registrant employed or contracted by the agency for purposes of ethics
under the multiple relationships rule of this chapter.
(3) The licensed professional shall not
undertake or continue a professional relationship with a
client/consumer-of-services when the objectivity or competency of the
counselor, social worker, or marriage and family
therapist
licensee or registrant is, or
could reasonably be expected to be, impaired or where the relationship with the
client/consumer-of-services is exploitative.
(4) Examples of multiple relationships that
shall be avoided include but are not limited to those listed in this paragraph.
(a) Familial relationships;
(b) Social relationships;
(c) Emotional relationships;
(d)
Business
and
Financial
financial relationships;
(e) Supervisory relationships;
(f) Political relationships;
(g) Administrative relationships;
and/or
(h) Legal
relationships;
(i) Social
media/personal virtual relationships, including online communities.
(5) The list of relationships in
paragraph (A)(4) of this rule as well as others require careful consideration
to insure
ensure that impaired judgment or exploitation is not
involved and that the best interest of the client is served at all
times.
(6)
Licensees and registrants should decline gifts. Gifts from a client may be
considered as establishing a multiple relationship. Examples of gifts may
include but are not limited to food, material goods, gift certificate/gift
card, artwork or products resulting from treatment. A licensee may accept a
gift of nominal value if the licensee determines that for treatment reasons not
accepting the gift will result in diminishing the licensee's ability to provide
appropriate client care. In accepting a gift of nominal value, the license must
discuss with the client the ethical limitations of accepting gifts. The
licensee shall have the burden of proof to explain why a gifted was
accepted.
(B)
Counselors, social workers, and marriage and family
therapists
Licensees and registrants
shall avoid potentially harmful effects of non-client contacts on their
practice that would reasonably impair the professional's objectivity or
otherwise interfere with the professional's effectiveness as a
counselor, social worker, or marriage and family
therapist
licensee or registrant or would
reasonably harm or exploit the other party. The standard to be used shall be
what an ordinary, reasonable professional with similar education and training
would have considered in similar circumstances.
(C) Licensees and registrants should adhere
to paragraph (B)(6) of rule
4757-5-13 of the Administrative
Code regarding internet searches for information about current or prospective
clients.
(D) When licensees and
registrants provide services to two or more people who have a relationship with
each other (for example couples, family members), licensees and registrants
shall clarify with all parties which individuals shall be considered clients
and the nature of the licensee's professional obligations to the various
individuals who are receiving services. Licensees and registrants who
anticipate a conflict of interest among the individuals receiving services or
who anticipate having to perform in potentially conflicting roles (for example,
a licensee who is asked or ordered to testify in a child custody dispute or
divorce proceeding involving clients), shall clarify their role with the
parties involved and take appropriate action to minimize any conflict of
interest. If a licensee is asked to testify in a child custody case, they
should review rule
4757-6-01 of the Administrative
Code prior to any court appearance for guidance as to their role in these
circumstances.
Notes
Promulgated Under: 119.03
Statutory Authority: 4757.11
Rule Amplifies: 4757.11
Prior Effective Dates: 06/11/1985 (Emer.), 09/19/1985 (Emer.), 12/19/1985, 05/22/1986, 07/03/1997, 08/02/2001, 09/20/2002, 04/10/2004, 01/01/2006, 11/08/2007, 10/18/2009, 04/01/2011, 01/01/2013, 07/01/2016, 09/03/2018, 09/02/2019
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