078-15 Wyo. Code R. §§ 15-1 - Ethical Standards

The Board hereby incorporates into these rules by reference the following ethical standards of the professional organization representing each discipline:

(a) The Association for Addiction Professionals (National Association for Alcoholism and Drug Abuse Counselors (NAADAC)) "Code of Ethics", adopted by the Association for Addiction Professionals and effective on January 1, 2021, found at: mentalhealth.wyo.gov

(b) National Association of Social Workers (NASW) "Code of Ethics", adopted by the NASW Delegate Assembly and effective August 4, 2017, found at: mentalhealth.wyo.gov

(c) American Association of Marriage and Family Therapy (AAMFT) "Code of Ethics", adopted by the American Association of Marriage and Family Therapy and effective on January 1, 2015, found at: mentalhealth.wyo.gov

(d) American Counseling Association (ACA) "Code of Ethics", adopted by the ACA Governing Council and effective on March 26, 2014, found at: mentalhealth.wyo.gov

(e) For these rules incorporated by reference:

(i) The Board has determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length or nature of the rules;

(ii) The incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsection (a), (b), (c), and (d) of this section; and

(iii) The incorporated rules are maintained at the Board's office and are available for public inspection at the same location.

(f) Where the Codes of Ethics and Professional Standards of the professional organizations conflict with the Act and/or these rules, the Act and rules shall control.

(g) Persons licensed or certified by the Board shall:

(i) Practice in a manner that is in the best interest of the public and does not endanger the public health, safety or welfare.

(ii) Be able to justify all services rendered to clients as necessary for diagnostic or therapeutic purposes.

(iii) Practice only within the competency areas for which they are trained and experienced. The licensee or certificate holder must be able to demonstrate to the Board competency, training, and/or expertise should their ability to practice in a specialty area be called into question.

(iv) Report to the Board known or suspected violations of the laws and regulations governing the practice of licensed or certified professionals.

(v) Treat colleagues with respect and should represent accurately and fairly the qualifications, views and obligations of colleagues.

(vi) Avoid unwarranted criticism of colleagues in communications with clients or with other professionals. Unwarranted negative criticism may include demeaning comments that refer to colleagues' level of competency or to individuals attributes such as race, ethnicity, national origin, color, sex, sexual or gender orientation, age, marital status, political belief, religion, and mental or physical disability.

(vii) Not take advantage of a dispute between a colleague and an employer to obtain a position or otherwise advance their own interest.

(viii) Use only those educational credentials in association with their licensure or certification and practice as a professional that have been earned at an educational institution accredited by one of the regional or national institutional accrediting bodies recognized by the Council for Higher Education Accreditation (CHEA), and that are directly related to their licensed or certified discipline, and that are professional in nature, including, but not limited to M.Ed., M.A., M.S., M.S.S.W., M.S.W., D.S.W., Ph.D., and Ed.D., and shall include the designation of licensure as an LAT, LCSW, LMFT, LPC PPC, PMFT, PCSW, PAT, CSW, CAP, CAPA or CMHW.

(ix) Use only indicators of current discipline-related credentials earned such as Certified Rehabilitation Counselor and Certified Mental Health Counselor or such indicators as awarded by independent credentialing agencies such as the American Association for Marriage and Family Therapy, the National Board for Certified Counselors, Inc., the National Association of Alcohol and Drug Abuse Counselors, and the National Association of Social Workers in association with their licensure or certification and practice.

(x) Ensure that clients are aware of fees and billing arrangements before rendering services. Bartering is not an acceptable fee arrangement.

(xi) Provide clients with accurate and complete information regarding the extent and nature of services available to them.

(xii) Respect the privacy of clients and hold in confidence all information obtained in the course of professional service.

(xiii) Keep confidential their professional relationships with clients.

(xiv) Inform clients fully about the limits of confidentiality in a given situation, the purposes for which information is obtained and how it may be used.

(xv) Obtain proper consent prior to the provision of services.

(xvi) Disclose the information contained in a client's record to the client or designated recipient within no more than thirty (30) days of receipt of an appropriate request for release of such information signed by the client, or an individual who is authorized to consent to treatment for the client. The paper, microfilm or data storage unit upon which the client's information is maintained belongs to the licensee or certificate holder or facility in which he/she practices. Clients do not have a right to possess the means by which the information is stored.

(A) Licensees or certificate holders may provide the client record or any portion in an accurate, detailed, comprehensive summary of the factual information contained in the complete record.

(B) The client record does not include a licensee's or certificate holder's personal office notes or personal communications between referring and consulting treatment providers relating to the client. A licensee or certificate holder may, however, include such notes and communications if appropriate.

(C) A licensee or certificate holder may refuse disclosure of client records in accord with W.S. 33-38-113 or as otherwise provided by law.

(D) If the licensee or certificate holder disclosing the client record believes, in good faith, that releasing any portion of the record would injure the health or well being of the client, a licensee or certificate holder may refuse disclosure of that portion of the record. In such instances, a licensee or certificate holder shall document the factual basis and rationale used in deciding against disclosure. A licensee or certificate holder may also deny access to client records if he/she reasonably concludes that access to the information requested is otherwise prohibited by law.

(E) A licensee or certificate holder may establish reasonable charges for the actual costs incurred in responding to a client's request for copies of any portion of a client's record. Such costs may include the cost of copies, clerical staff time and the licensee's or certificate holder's time in reviewing and summarizing the records and/or diagnostic records, if necessary. The client requesting records is responsible for payment of all such charges, however, a client shall not be denied a summary or a copy of requested client records because of inability to pay.

(F) A licensee or certificate holder may not withhold client records solely because payment has not been received for past services.

(xvii) Maintain accurate documentation of all professional services rendered to a client in confidential files for each client and ensure that client records are kept in a secure, safe, retrievable and legible condition.

(A) Each client record must be retained for a minimum of seven (7) years from the date of the last session.

(B) Records of treatment provided to minor clients must be retained for a minimum of seven (7) years from the date of the last session, or until the client reaches twenty-five (25) years of age, whichever is longer.

(C) A licensee in private practice shall make necessary arrangements for the maintenance of and access to client records to ensure clients' right to confidentiality in the event of the death or incapacity of the licensee.

(D) The licensee shall name a qualified person who will retain the client records and properly release the client records upon request.

(xviii) Ensure that the welfare of clients is in no way compromised in any experimentation or research involving those clients which would include but not be limited to informed consent of the client.

(xix) Refrain from conflictual dual relationships with clients and their family members that might compromise the client's well-being or impair the licensee's or certificate holder's objectivity and professional judgment including, but not limited to, familial, social, financial, business, or close personal relationships.

(xx) Refrain from conflictual dual relationships in supervision including, but not limited to, employing or supervising your DQCS.

(xxi) Refrain from self-employment when administrative supervision is required.

(xxii) Refrain from engaging in romantic or sexual intimacies with a client or former client. Refrain from engaging in a therapeutic relationship with persons with whom they have had sexual or romantic intimacies.

(xxiii) When advertising their services to the public, ensure that such advertising is neither fraudulent or misleading.

(xxiv) Not practice discrimination on the basis of race, sex, age, religion, nation origin, marital status, sexual or gender orientation, or mental or physical handicap.

(xxv) Clearly state the person's licensure or certification status by the use of a title or initials such as "licensed professional counselor" (LPC) or a statement such as "licensed by the Wyoming Mental Health Professions Licensing Board" in any advertising, public directory or solicitation, including telephone directory listings.

(xxvi) Terminate services when such services are no longer required and no longer serve the client's needs. Services are not withdrawn precipitously except in unusual circumstances and with care to minimize possible adverse effects. This includes providing referral and transfer of services as appropriate.

(xxvii) Avoid using relationships with clients to promote, for personal gain or the profit of an agency, commercial enterprises of any kind.

(xxviii) Seek advice and counsel of colleagues and supervisors when such consultation is in the best interest of the client while taking care to protect the client's confidentiality.

(xxix) Respond to all requests for information and all other correspondence from the Board.

(xxx) Conspicuously display a professional disclosure statement wherever their services are performed and provide a copy of the statement to each client before or during the first session and upon request. The professional disclosure statement shall contain the licensee's or certificate holder's name, title, business address and telephone number; listing of formal professional education with the name of the institution(s) attended and the specific degree(s) received; licensure or certification status; the DQCS's name, phone number and address; statement of confidentiality; a statement that sexual intimacy with a client is never appropriate; a statement that the professional will adhere to the professions' Code of Ethics; and a statement that the disclosure statement is required by the Mental Health Professions Licensing Act. It is recommended that the disclosure statement also contain areas of specialization, state of licensure or certification, license number, and address and phone number of the Mental Health Professions Licensing Board.

(xxxi) Display their license or certification at all times in a conspicuous location readily accessible to all clients at the licensee's or certificate holder's place of business.

(xxxii) Ensure that they do not provide clinical supervision to persons holding a provisional license who have no intention of becoming fully licensed, or aid persons in obtaining a provisional license who have no intention of becoming fully licensed.

(xxxiii) Ensure that they do not provide clinical supervision to persons seeking certification or licensure who have not submitted an application to the Board.

(xxxiv) Ensure that they do not supervise a provisional licensee or a certificate holder without a board approved supervision agreement.

(xxxv) Not permit, condone or facilitate unlicensed practice or any activity which is a violation of the Act or these rules and regulations.

Notes

078-15 Wyo. Code R. §§ 15-1

Amended, Eff. 6/3/2015. Amended, Eff. 7/26/2019. Amended, Eff. 12/17/2021.