Md. Code Regs. 10.58.03.05

Current through Register Vol. 51, No. 22, November 1, 2024
Section 10.58.03.05 - The Counseling Relationship
A. Client Welfare and Rights.
(1) A counselor shall:
(a) Inform clients of the purposes, goals, techniques, procedures, limitations, potential risks, and benefits of services to be performed;
(b) Explain to clients the implications of diagnosis, the intended use of tests and reports, fees, and billing arrangements;
(c) Document attempts to inform other professional persons concurrently providing mental health services to a client;
(d) Assist clients in making appropriate arrangements for the continuation of treatment due to interruptions including but not limited to vacations and extended illness; and
(e) Make appropriate referrals.
(2) A counselor may not:
(a) Place or participate in placing clients in positions that may result in damaging the interests and the welfare of clients, employees, employers, or the public;
(b) Condone or engage in discrimination based on age, color, culture, disability, ethnic group, gender, race, religion, sexual orientation, marital status, or socioeconomic status;
(c) Abandon or neglect clients in counseling; or
(d) Foster dependent counseling relationships.
B. Dual Relationships.
(1) A counselor shall:
(a) Avoid dual relationships with clients; and
(b) Take appropriate measures, including but not limited to, informed consent, consultation, supervision, and documentation to ensure that judgment is not impaired and no exploitation occurs if a dual relationship cannot be avoided.
(2) A counselor may not:
(a) Exploit trust and dependency in relationships with supervisees, employees, research participants, students, or volunteers; or
(b) Accept as clients superiors or subordinates with whom a counselor has administrative, supervisory, or evaluative relationships.
C. Multiple Clients.
(1) A counselor shall clarify the unit of treatment in a counselor's written records as:
(a) Individual;
(b) Couple;
(c) Family;
(d) Group; or
(e) Any combination of §C(1)(a)-(d) of this regulation.
(2) A counselor shall identify in the written records individuals present in sessions, but not a part of the unit of treatment.
(3) A counselor shall communicate limitations on confidentiality to all clients.
D. Termination and Referral.
(1) Termination may occur if:
(a) Services are no longer requested by a client;
(b) Counseling no longer serves a client's needs or interests;
(c) A counselor is unable to competently and ethically perform duties;
(d) A client does not pay the fees charged; or
(e) Agency or institution limits do not allow further counseling services.
(2) A counselor may terminate a counseling relationship only after:
(a) Securing a client's agreement; or
(b) If a client does not agree to termination, offering an appropriate referral.

Md. Code Regs. 10.58.03.05

Regulations .05 adopted effective October 1, 2001 (28:19 Md. R. 1685)