02-514-8 Me. Code R. § A-2

Current through 2024-50, December 11, 2024

Section 514-8-A-2 - Client Relationship

A counselor's primary responsibility is to the client. The counselor shall make every reasonable effort to protect the welfare and best interests of those who seek services or of any who may be the object of a study, including respecting the rights of those persons seeking assistance and making reasonable efforts to insure that the counselor's services are used appropriately. The counselor is responsible for maintaining professional standards and ethics in all relationship exchanges through face to face, electronic or any other means by which client information is transmitted or received and confidentially protected. In couples and family counseling, if it becomes apparent that the counselor may be called upon to perform potentially conflicting roles, the counselor must clarify, adjust or withdraw from roles appropriately.

[NOTE: See also Section 6, Confidentiality, with respect to the counselor's obligation to determine and document who the clients are when engaging in couples and family counseling.]

Misconduct includes, but is not limited to, the following:

1. Initiating or maintaining dual relationships with a client or the spouse or partner of a client which could reasonably be expected to:

A. Impair or diminish the professional judgment, objectivity or effectiveness of the counselor; or

B. Pose a risk of harm to or exploitation of the client.

Dual relationships occur when a counselor relates to a client in a personal, social, organizational, political, financial, business or employment capacity in addition to the professional relationship of counselor and client. Dual relationships also occur when a counselor relates to a spouse or partner of a client in a similar manner. Examples of impermissible dual relationships include counseling an employee or supervisor; counseling a close friend or family member; or engaging in close personal relationships with clients. Dual relationships that would not reasonably be expected to cause impairment or pose a risk of harm or exploitation are not unprofessional. If a counselor is concerned that conduct may constitute a dual relationship, the board encourages the counselor to seek peer consultation;

[NOTE: A consultation received by the counselor does not insulate the counselor from responsibility in the event that disciplinary action is brought against the counselor arising out of the relationship.]

2. Exploiting relationships with clients for personal gain or financial advantage;

3. Using any confidence of a client to the client's disadvantage;

4. In couples and family counseling, failing to clarify, adjust or withdraw from roles when conflict arises in the counseling relationship;

5. Failing to notify and assist the client in seeking alternative services consistent with the client's needs and preference when termination or interruption of service to the client is anticipated, including termination or interruption caused by the counselor's resignation from employment;

6. Failing to terminate a client relationship when it is reasonably clear that the treatment no longer serves the client's needs or interests;

7. Delegating professional responsibilities to another person when the licensee or registrant delegating the responsibilities knows or has reason to know that such person is not qualified by training, experience or licensure to perform them;

8. Failing to clarify to the client that all decisions are the right and responsibility of the client; and

9. Failing to recognize the need for a screening process for prospective group counseling participants, especially when the emphasis is on self-understanding and growth through self-disclosure, and failing to maintain awareness of each of the group members' welfare through the group process.

02-514 C.M.R. ch. 8, § A-2