Section 514-8-A-4 - Moral and Legal StandardsThe counselor is honest in dealing with clients, students, trainees, colleagues and the public. The counselor will avoid any action that would violate or diminish the legal and civil rights of clients.
Misconduct includes, but is not limited to, the following:
1. Practicing inhumane or discriminatory treatment toward any person or group of persons that would result in unjustifiable discrimination on the basis of age, race, gender, religion, sexual preference, national origin or disability;2. Engaging in sexual activity as defined in Chapter 1, Section 1(19) of the board's rules with a: - Client;
- Spouse or partner of a client; or
- Child or stepchild of a client
during the counseling relationship or within five years following the last professional contact with the client. Counselors who engage in such activity after five years following the last professional contact must thoroughly document before commencing the activity that the activity is not of an exploitive nature and will not have an adverse impact on the client. The counselor shall base this determination on factors such as the-
- Nature, duration and intensity of counseling;
- Amount of time since counseling;
- Circumstances of termination; and
- Personal history and mental status of the client.
The counselor's determination of no exploitation and no adverse impact is reviewable by the board in the event that disciplinary action is brought against the counselor arising out of the activity.
3. Engaging in sexual activity as defined in Chapter 1, Section 1(19) of the board's rules with a person who is a- - Supervisee,
- Student; or
- Research subject
of the counselor at the time the sexual activity takes place;
4. Counseling an individual with whom the counselor has had a prior sexual relationship;5. Counseling a client in an inappropriate environment for professional services, in a location or setting that places the client at risk of harm or exploitation, or in a location or setting in which privacy cannot be assured, unless counseling in such circumstances is clinically indicated and documented in clinical notes;6. Practicing while under the influence of alcohol or drugs not prescribed by a licensed physician;7. Accepting or giving a fee or anything of value for making or receiving a referral;8. Using an institutional affiliation to solicit clients for the licensee or registrant's private practice;9. Failing to have sensitive regard for the moral, social, and religious beliefs of clients and communities, or imposing the licensee's or registrant's beliefs on clients;10. Counselors ordinarily refrain from accepting goods, services or other noncash remuneration from clients in return for counseling services because such arrangements create potential for conflicts, exploitation, and distortion of counselor-client relationships. A counselor may participate in bartering only if: a) the client requests this method of payment; b) unusual circumstances make it the only feasible option;c) it is not clinically contraindicated; andd) the relationship is not exploitive. When the client is providing services as a barterer, the time required of him or her must be equitable. Counselors must avoid creating a dual relationship when bartering with clients; and11. Counselors understand the challenges of accepting gifts from clients and recognize that in some cultures, small gifts are a token of respect and a showing of gratitude. When determining whether or not to accept a gift from clients, counselors take into account the therapeutic relationship, the monetary value of the gift, a client's motivation for giving the gift, and the counselor's motivation for receiving or declining the gift as documented in clinical notes.02-514 C.M.R. ch. 8, § A-4