Ala. Admin. Code r. 536-X-8-.03

Current through Register Vol. 43, No. 1, October 31, 2024

Section 536-X-8-.03 - Professional Competence And Integrity

Marriage and family therapists maintain high standards of professional competence and integrity.

(1) Marriage and family therapists pursue knowledge of new developments and maintain competence in marriage and family therapy through education, training, or supervised experience.

(2) Marriage and family therapists maintain adequate knowledge of and adhere to applicable laws, ethics, and professional standards.

(3) Marriage and family therapists seek appropriate professional assistance for their personal problems or conflicts that may impair work performance or clinical judgment.

(4) Marriage and family therapists do not provide services that create a conflict of interest that may impair work performance or clinical judgment.

(5) Marriage and family therapists, as presenters, teachers, supervisors, consultants and researchers, are dedicated to high standards of scholarship, present accurate information, and disclose potential conflicts of interest.

(6) Marriage and family therapists maintain accurate and adequate clinical and financial records.

(7) While developing new skills in specialty areas, marriage and family therapists take steps to ensure the competence of their work and to protect clients from possible harm. Marriage and family therapists practice in specialty areas new to them only after appropriate education, training, or supervised experience.

(8) Marriage and family therapists do not engage in sexual or other forms of harassment of clients, students, trainees, supervisees, employees, colleagues, or research subj ects.

(9) Marriage and family therapists do not engage in the exploitation of clients, students, trainees, supervisees, employees, colleagues, or research subjects.

(10) Marriage and family therapists attend to cultural norms when considering whether to accept gifts from or give gifts to clients. Marriage and family therapists consider the potential effects that receiving or giving gifts may have on clients and on the integrity and efficacy of the therapeutic relationship.

(a) Follow state employee guidelines in receiving gifts of substantial value AND

(b) Do not receive gifts that impair the integrity or efficacy of the therapeutic relationship.

(11) Marriage and family therapists do not diagnose, treat, or advise on problems outside the recognized boundaries of their competencies.

(12) Marriage and family therapists, because of their ability to influence and alter the lives of others, exercise special care when making public their professional recommendations and opinions through testimony or other public statements, especially with regards to diagnosis and treatment of mental, behavioral, and emotional disorders.

(13) Marriage and family therapists conduct analysis of the risks to their practice setting, telecommunication technologies, and administrative staff, to ensure that client data and information is accessible only to appropriate and authorized individuals.

(14) Marriage and family therapists encrypt confidential client information for storage or transmission; and utilize such other secure methods as safe hardware and software and robust passwords to protect electronically stored or transmitted data and information. It is the responsibility of the therapist to ensure that session logs stored by 3^rd party locations are secure.

(15) Marriage and family therapists when documenting the security measure utilized, should clearly address what types of telecommunication technologies are used (e.g., email, telephone, text, and videoconferencing), how they are used, whether teletherapy services used are the primary method of contact or augments in-person contact.

(16) Marriage and family therapists plan for the professional retention of records and availability to clients in the event of the therapist's incapacitation or death.

(17) Marriage and family therapists make efforts to prevent the distortion or misuse of their clinical and research findings.

(18) Marriage and family therapists, because of their ability to influence and alter the lives of others, exercise special care when making public their professional recommendations and opinions through testimony or other public statements.

(19) To avoid a conflict of interests, marriage and family therapists who treat minors or adults involved in custody or visitation actions may not also perform forensic evaluations for custody, residence, or visitation of the minor. The marriage and family therapist who treats the minor may provide the court or mental health professional performing the evaluation with information about the minor from the marriage and family therapist's perspective as a treating marriage and family therapist, so long as the marriage and family therapist does not violate confidentiality.

(20) Marriage and family therapists are in violation of this Code and subject to termination of membership or other appropriate action if they:

(a) are convicted of any felony;

(b) are convicted of a misdemeanor related to their qualifications or functions;

(c) engage in conduct which could lead to conviction of a felony, or a misdemeanor related to their qualifications or functions;

(d) are expelled from or disciplined by other professional organizations;

(e) have their licenses or certificates suspended or revoked or are otherwise disciplined by regulatory bodies;

(f) continue to practice marriage and family therapy while no longer competent to do so because they are impaired by physical or mental causes or the abuse of alcohol or other substances; or

(g) fail to cooperate with the Board at any point from the inception of an ethical complaint through the completion of all proceedings regarding that complaint.

Ala. Admin. Code r. 536-X-8-.03

New Rule: Filed December 22, 2009; effective January 26, 2010. Amended: Filed February 8, 2012; effective March 14, 2012.

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 09, June 28, 2019, eff. 8/3/2019.

Author: The Alabama Board of Examiners in Marriage and Family Therapy

Statutory Authority:Code of Ala. 1975, §§ 34-17A-1 thru 34-17A-26.