La. Admin. Code tit. 46 § LX-4101

Current through Register Vol. 50, No. 11, November 20, 2024

Section LX-4101 - General Provisions

A. Licensees obtain appropriate informed consent to therapy or related procedures before the formal therapeutic process begins. Information provided to clients by licensees about the treatment process shall include, but is not limited to, the licensees statement of practice as outlined in the appendix (§4720). The licensee should be sure that the client understands all information provided before asking for consent to treatment. The content of informed consent may vary depending on the client and treatment plan; however, informed consent generally necessitates that the client:

1. has the capacity to consent;

2. has been adequately informed of the ethical and practical components of treatment processes and procedures, including but not limited to, the use of audio or video taping, or the use of observers, supervisors, or therapy teams during therapy;

3. has been adequately informed of potential therapy outcomes, including the risks and benefits of treatment, not only for recognized approaches, but also for approaches for which generally recognized standards do not yet exist;

4. has freely and without undue influence expressed consent; and

5. has provided consent that is appropriately documented.

B. When persons, due to age or mental status, are legally incapable of giving informed consent, licensees obtain informed permission from a legally authorized person, if such substitute consent is legally permissible.

La. Admin. Code tit. 46, § LX-4101

Promulgated by the Department of Health and Hospitals, Licensed Professional Counselors Board of Examiners, LR 29:166 (February 2003), Amended by LR 41754 (4/1/2015).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1101-1123.