TITLE 16 OCCUPATIONAL
AND PROFESSIONAL LICENSING
CHAPTER 27 COUNSELORS
AND THERAPISTS
PART 18 CODE
OF ETHICS
16.27.18.1 ISSUING
AGENCY:
Regulation and Licensing Department Counseling and Therapy Practice
Board
[16.27.18.1 NMAC- Rp, 16.27.18.1 NMAC, 11/30/2021]
16.27.18.2 SCOPE: All professional
clinical mental health counselors, marriage and family therapists, professional
art therapists, professional mental health counselors, registered independent
mental health counselors, registered mental health counselors, licensed mental
health counselors, alcohol and drug abuse counselors, alcohol abuse counselors,
drug abuse counselors, and substance abuse trainees.
[16.27.18.2 NMAC- Rp 16.27.18.2 NMAC, 11/30/2021]
16.27.18.3 STATUTORY
AUTHORITY:
These parts are promulgated pursuant to the Counselor and Therapist
Practice Act, Section 61-9A-1 through 61-9A-30 NMSA 1978.
[16.27.18.3 NMAC- Rp 16.27.18.3 NMAC, 11/30/2021]
16.27.18.4 DURATION: Permanent
[16.27.18.4 NMAC- Rp 16.27.18.4 NMAC, 11/30/2021]
16.27.18.5 EFFECTIVE
DATE:
November 30, 2021,unless a later date is cited at the end of a section.
[16.27.18.5 NMAC- Rp 16 27.18.5 NMAC, 11/30/2021]
16.27.18.6 OBJECTIVE: The objective of
Part 18 is to outline the code of ethics all applicants and licensed
professional clinical mental health counselors, marriage and family therapists,
professional art therapists, professional mental health counselors, registered
independent mental health counselors, registered mental health counselors,
licensed mental health counselors, alcohol and drug abuse counselors, alcohol
abuse counselors, drug abuse counselors, and substance abuse trainees shall
adhere to as licensed professionals.
Failure to adhere to the code of ethics may result in disciplinary
action by the board.
[16.27.18.6 NMAC- Rp 16.27.18.6 NMAC, 11/30/2021]
16.27.18.7 DEFINITIONS: [RESERVED]
16.27.18.8 WHO
MUST ADHERE TO THE CODE OF ETHICS: The counseling & therapy practice board
code of ethics is intended for the professional mental health counselor,
professional clinical mental health counselor, marriage and family therapist,
professional art therapist, registered mental health counselor, registered
independent mental health counselor, licensed mental health counselor, alcohol
and drug abuse counselor, alcohol abuse counselor, drug abuse counselor, and
substance abuse associate trainee.
Licensure and registration is binding to all individuals holding a
license or registration to practice professional mental health counseling,
professional clinical mental health counseling, marriage and family therapy,
professional art therapy, registered and licensed mental health counseling,
registered independent mental health counseling, alcohol and drug abuse
counseling, alcohol abuse counseling, drug abuse counseling, and substance
abuse associate in the state of New Mexico, and approved supervisors.
[16.27.18.8 NMAC- Rp 16.27.18.8 NMAC, 11/30/2021]
16.27.18.9 SCOPE: This code of ethics
regulates the ethical and professional conduct of:
A. all
licensed and registered individuals;
B. all
applicants for licensure or registration;
C. registered
and licensed mental health counselors, substance abuse trainees and supervisors
during their education, practicum and post-graduate training; and
D. expert
witnesses: it applies to all licensed or registered individuals, in direct
contact with clients, as well as during education, training, testifying as an
expert witness and research endeavors.
[16.27.18.9 NMAC- Rp 16.27.18.9 NMAC, 11/30/2021]
16.27.18.10 PURPOSE: The purpose of this
code of ethics is to provide clear guidelines for the New Mexico counseling and
therapy practice board to assess the professional conduct of licensed or
registered individuals. Standardization
eliminates confusion and misinterpretation of ethical behavior within the
profession and by the public.
[16.27.18.10 NMAC- Rp 16.27.18.10 NMAC, 11/30/2021]
16.27.18.11 VIOLATIONS:
A. A violation
of a code of ethics is referred to as "unprofessional" or
"unethical" conduct. It
constitutes sufficient grounds for disciplinary action by the board.
B. Costs of
disciplinary proceedings: Licensees,
registrants or applicants shall bear all costs of disciplinary proceedings
unless they are excused by the board from paying all or part of the fees, or if
the licensee, registrant or applicant prevails at the hearing conducted
pursuant to Section 61-1-3 NMSA 1978 of the Uniform Licensing Act (“ULA”), or
after investigation, the board does not pursue a ULA action against the
licensee, registrant or applicant.
[16.27.18.11 NMAC- Rp 16.27.18.11 NMAC, 11/30/2021]
16.27.18.12 INTEGRITY: A licensed or
registered individual is expected to behave according to the standards of
professional integrity and competence as defined by rule or law. A licensed or registered individual must not
condone, associate with, or participate in dishonest, fraudulent, or deceitful
behavior and shall treat all clients, supervisees, students and research
participants with respect and dignity at all times. A licensed or registered individual shall not
misrepresent themselves, their training, or their services. It is the responsibility of licensees and
registered mental health counselors to be completely informed about this code
of ethics by which they are governed.
[16.27.18.12 NMAC- Rp 16.27.18.12 NMAC, 11/30/2021]
16.27.18.13 INTERPRETATION: When construing the
Code of Ethics and Standards for providers, the interpretation of the code
shall be guided by rules promulgated by the American mental health counselors
association (AMHCA), the American counseling association (ACA), the American
association for marriage and family therapy (AAMFT), the American art therapy
association (AATA), national association of alcoholism and drug abuse
counselors (NAADAC) and other relevant professional groups to reconcile
ambiguities which may arise in the interpretation of this code of ethics,
except that this code of ethics shall supersede any conflict existing between
this code and any professional association standard.
[16.27.18.13 NMAC- Rp 16.27.18.13 NMAC, 11/30/2021]
16.27.18.14 CLIENT: Means;
A. a
recipient of counseling or therapy services.
B. a
corporate entity or other organization can be a client when the professional
contract is to provide services that primarily benefit the organization rather
than individuals;
C. a
legal guardians shall be the client for decision-making purposes for
individuals receiving services who are under age of consent or legally
incompetent adults except underage individuals and legally incompetent adults
shall be the client when making decisions:
(1) directly
affecting the physical or emotional safety of the individual, such a sexual or
other exploitive dual relationships, and
(2) specifically
reserved to the individual, and agreed to by the
guardian prior to the rendering of services, such as confidential communication
in a therapy relationship.
[16.27.18.14 NMAC- Rp 16.27.18.14 NMAC, 11/30/2021]
16.27.18.15 CONFIDENTIAL
INFORMATION:
Means information revealed by a client(s) or otherwise obtained by a
counselor or therapist, within the therapeutic context. The information shall not be disclosed by the
counselor or therapist without the informed written consent of the
client(s). Confidential information may
be disclosed without written consent when the client is considered a harm to
self or others, when there is evidence of physical or emotional abuse of minors
or frail elderly or by court order, see Subsection B of 16.27.18.17 NMAC. When the client is a corporation or
organization, the confidential relationship is between the counselor or
therapist and the corporation or organization and not between the counselor or
therapist and the employee or individual.
Information obtained from the employee by the counselor or therapist
shall be available to the organization unless such information was obtained in
a separate therapeutic context which is subject to confidentiality
requirements.
[16.27.18.15 NMAC- Rp 16.27.18.15 NMAC, 11/30/2021]
16.27.18.16 PROFESSIONAL
COMPETENCE, CONDUCT & INTEGRITY:
A. Licensees
or registrants shall not misrepresent his credentials, degrees, or competencies
either through spoken word, written, or electronically transmitted material.
B. Licensees
or registrants who has provided professional services to a client or former
client within the previous 60 months shall not:
(1) engage
in sexual intercourse, contact or other physical intimacies with the client;
(2) enter into a financial or other potentially exploitive
relationship with the client; or
(3) seek
to obtain client access to counselor or therapist personal information in
social networking sites.
C. The
prohibitions set out in Paragraphs (1), (2) and (3) of Subsection B of this
section shall not be limited to the 60 month period but shall extend
indefinitely if the client is proven to be clearly vulnerable, by reason of
emotional or cognitive disorder, to exploitive influence by the counselor or
therapist. The counselor or therapist
who engages in such activity after the 60 month period following cessation or termination of treatment bears the burden
of providing proof that there has been no exploitation, in
light of all relevant factors, including:
(1) the
amount of time that has passed since therapy terminated;
(2) the
nature and duration of the therapy;
(3) the
circumstances of termination;
(4) the
patient's or client's personal history;
(5) the
patient's or client's mental status;
(6) the
likelihood of adverse impact on the patient or client and others; and
(7) any
statements or actions made by the counselor or therapist during
the course of therapy suggesting or inviting the possibility of a post
termination relationship with the patient or client.
D. Licensees
or registrants shall not undertake or continue a professional relationship with
a client when the counselor or therapist is impaired due to mental, emotional,
physiological, or substance abuse conditions.
E. Licensees
or registrants violate the code and are subject to loss of licensure or other
disciplinary action if:
(1) convicted
of a felony or misdemeanor related to their qualifications or functions;
(2) disciplined
by other state licensing boards for acts which would be a violation under this
code of ethics, statutes or regulations;
(3) no
longer competent to practice, or;
(4) they
fail to cooperate with an investigation or disciplinary action taken by the
state .
F. Licensees
or registrants shall only perform counseling or therapy services within the
scope of practice for their license.
Licensees or registrants shall only perform testing and assessment
services for which they are authorized under the act.
G. Licensees
or registrants shall not use advertising, which is misleading, deceptive or
false. All and any announcements of
services shall include state designation, license number(s), and expiration
date(s). Inactive and retired licensees
or registrants shall not advertise using their license.
H. Licensees
or registrants individual shall inform the client of the innovative nature and the known risks associated with the services, so
that the client can exercise freedom of choice concerning the services when
developing competency in a service or technique that is either new to the
counselor or therapist, or new to the profession, shall engage in ongoing
consultation with other relevant professionals and shall seek appropriate
education and training in the new area.
I. Licensees
or registrants shall make every effort to offer the client or former client the
names of at least three referral sources, or refer the client to an
organization that can provide referrals, upon request by a client or former
client (e.g. physician, attorney, therapist, financial planner, etc.),
J. Licensees
or registrants shall not offer or accept kickbacks, rebates, bonuses or other remuneration
of referrals; fee-for-service arrangements are not prohibited.
K. Bartering
for professional services may be conducted only if:
(1) the
supervisee or client requests it;
(2) the
relationship is not exploitive; or
(3) the
professional relationship is not distorted; and
(4) a
clear written contract is agreed upon and signed by both parties.
[16.27.18.16 NMAC- Rp 16.27.18.16 NMAC, 11/30/2021; A,
7/30/2024]
16.27.18.17 CONFIDENTIALITY
AND DATA PRIVACY:
A. The
counselor or therapist shall safeguard confidential information obtained in the course of practice, teaching, research or other
professional services. This includes a counselor or therapist's employees and professional
associates as defined by law. The
counselor or therapist shall disclose confidential information to others only
with the informed written consent of the client or as outlined in Subsection B
of this section.
B. Licensees
or registrants shall inform a client of limitations of confidentiality. These limitations include, but are not
limited to:
(1) Limitations
mandated by the law.
(2) Disclosure
when necessary to protect against a clear and substantial risk of imminent
serious harm being inflicted by the client on the client or another person(s).
(3) Court
orders in civil, criminal, or disciplinary actions arising from the therapy.
(4) Written
waiver. Disclosure is limited to the
terms of the waiver. If there is more
than one party involved in the therapy, the waiver must be signed by all
members legally competent to execute such a waiver (e.g. couples, marital
couples, family, or group). When release
of information pertaining to a client under the age of consent is requested, it
must be signed by a parent or legal guardian.
The counselor or therapist, to the extent the client can understand,
shall inform the minor client of the limit the law imposes on his right of
confidentiality.
(5) Reporting
abuse of children and vulnerable adults, the counselor or therapist shall be
familiar with any relevant law..
(6) Restrictions
mandated by employing agencies.
C. Licensees
or registrants shall ensure that all reasonable security measures are taken to
ensure records and written data are protected from access by unauthorized
persons.
D. Licensees
or registrants shall ensure that the content and disposition of all records is in compliance with relevant state laws.
E. Licensees
or registrants shall treat client information as confidential after the
professional relationship between the counselor or therapist and the client has
ceased.
F. Licensees
or registrants shall exercise reasonable care to ensure that confidential
information is appropriately disguised to prevent client identification when
used as a case study, basis of supervision, teaching, research or other
published reports.
G. Licensees
or registrants shall explain to the client the limitations and foreseeable uses
of confidential information.
H. Record
retention
(1) Licensees
or registrants rendering professional services to a client or billed to a third
party, shall maintain professional records that include:
(a) the
presenting problem(s) or purpose or diagnosis;
(b) the
fee arrangement;
(c) the
date and substance of each billed service;
(d) any
test results or other evaluative results obtained and any basis test data from
which they were derived;
(e) notation
and results of formal consultations with other providers; and
(f) a
copy of all tests or other evaluative reports prepared as part of the
professional relationship.
(2) Licensees,
registrants or agencies that employ licensed or registered counselors or
therapists shall assure that all client records are maintained and secured for
a period of not less than six years after the last date that professional
services was rendered.
(3) Licensees
or registrants shall store and dispose of written or electronic data and other
recorded information in such a manner as to ensure client confidentiality.
(4) Licensees
or registrants shall not withhold records under their control that are
requested for a client's treatment solely because payment has not been received
or otherwise provided by law.
(5) Licensees or registrants shall
maintain on file a written plan in place that arranges for the storage,
transfer, or disposal of client records that ensure confidentiality and
safeguards the welfare of clients in the event of licensee or registrant incapacitation
or death.
(6) In
the event of the incapacitation or death of a licensee or registrant, the
counselor or therapist’s personal representative shall adhere to the written
plan on file to assure that the deceased’s clinical records are maintained and
secured for a period of not less than six years after the last date that
professional services were rendered. The
decedent’s personal representative shall store and eventually dispose of
written or electronic data and other recorded information in such a manner as
to ensure confidentiality and safeguards the welfare of the clients.
(7) Licensees
or registrants shall provide clients with that client’s summary of their
clinical record upon receipt of a written request.
[16.27.18.17 NMAC- Rp 16.27.18.17 NMAC, 11/30/2021; A,
7/30/2024]
16.27.18.18 RESPONSIBILITY
TO CLIENTS: Licensees or registrants shall:
A. inform
clients before or at the time of the initial counseling session with the
licensee of the following:
(1) professional
education, training and experience of the licensee;
(2) fees
and arrangements for payment;
(3) counseling
purposes, goals, and techniques;
(4) any
restrictions placed on the license by the board;
(5) the
limits on confidentiality;
(6) any
intent of the licensee to use another individual to provide counseling services
to the client;
(7) supervision
of the licensee by another licensed health care professional, including the
name and qualifications of the supervisor; and
(8) a
licensee or registrant shall inform the client of any changes to the items
above prior to initiating the change;
B. shall
not discriminate against or refuse professional services to anyone on the basis of race, color, gender, religion, national
origin, ancestry, disability, socioeconomic status, sexual orientation, or any
basis proscribed by law;
C. shall
not impose on the client any stereotypes of behavior, values, or roles related
to age, gender, religion, race, disability, nationality, sexual orientation, or
diagnosis which would interfere with the objective provision of counseling or
therapy services;
D. shall
not enter into a sexual or other dual relationship
with a client, as specified in Subsection D of 16.27.18.16 NMAC of this code of
ethics;
E. shall
continue therapeutic relationships only so long as it is reasonably clear that
a therapeutic context exists;
F. shall give
a truthful, understandable, and appropriate account of the nature of the
client's condition to the client or to those responsible for the care of the
client;
G. shall
not mislead or withhold information about the cost of his professional
services;
H. shall
keep the client fully informed as to the purpose and nature of any evaluation,
treatment, or other procedures, and of the client's right to freedom of choice
regarding services provided;
I. shall
make an appropriate referral of the client to another professional when
requested to do so by the client or in the best interest of the client;
J. shall
not abandon or neglect clients in treatment without making reasonable
arrangements for the continuation of such treatment; counselors or therapists
shall assist persons in obtaining other therapeutic services if the counselor
or therapist is unable or unwilling, for appropriate reasons, to provide
professional help;
K. shall
not induce clients to solicit business on behalf of the counselor or therapist;
L. when
consulting with colleagues:
(1) refrain
from sharing confidential information that reasonably could lead to the
identification of a patient, client, research participant, or other person or
organization with whom they have a confidential relationship unless they have
obtained the prior consent of the person or organization
or the disclosure cannot be avoided; and
(2) share
information only to the extent necessary to achieve the purposes of the
consultation;
M. shall
obtain written informed consent from clients before videotaping, audio
recording, or permitting third party observation;
N. shall
disclose to clients the area of education when using the designation of
“doctor” in their title.
O. shall
not knowingly offer or provide counseling or therapy to an individual
concurrently receiving counseling from another mental health services provider
except with that provider's knowledge; if a licensee or registrant learns of
such concurrent therapy, the licensee or registrant shall take immediate and
reasonable action to resolve the situation;
P. shall
not enter into a professional counseling or
therapeutic relationship with immediate family members, personal friends, or
business associates;
Q. shall
bill clients or third parties for only those services actually
rendered or as agreed to by mutual understanding at the beginning of
services or as later modified by mutual agreement. The agreement shall include that:
(1) the
actual provider of services be reflected on billing documents;
(2) upon
written request of a client, or a client's legal guardian, a licensee or
registrant shall provide, in plain language, a written explanation of the
charges for counseling services previously made on a bill or statement for the
client; this requirement applies even if the charges are to be paid by a third
party;
(3) the
licensee or registrant may not overcharge a client;
(4) the
licensee or registrant may not submit to a client or third payer a bill for
counseling or therapy that the licensee or registrant knows were not provided
or knows were improper, unreasonable, or medically or clinically unnecessary;
R. refrain
from giving to or receiving from clients:
(1) gifts
of substantial value; or
(2) gifts
that impair the integrity or efficacy of the counseling or therapeutic
relationship; and
S. be
permitted to treat minors or adults involved in custody or visitation actions
but may not concurrently perform forensic evaluations of custody, residence, or
visitation of the minor; the licensee or registrant who treats the minor may
provide the court or mental health professional performing the evaluation with
information about the minor from the licensee or registrant’s perspective as a
treating licensed or registered professional, so long as the licensee or
registrant does not violate confidentiality.
[16.27.18.18 NMAC- Rp 16.27.18.18 NMAC, 11/30/2021]
16.27.18.19 RESPONSIBILITY
TO SUPERVISEES: Licensees or registrants shall:
A. be cognizant of their influence upon
students and supervisees and shall avoid exploiting the trust and dependency of
such persons; therefore, licensees or registrants shall try to avoid conditions
and dual relationships that may impair professional objectivity or increase the
risk of exploitation; when the risk of impairment or exploitation exists due to
conditions or dual roles, individuals shall take appropriate precautions (TO DO
WHAT?);
B. refrain from providing therapy to
current students or supervisees.
C. refrain from engaging in sexual
intimacy with students or supervisees during the evaluation or training
relationship between the licensee or registrant and student/supervisee.
D. prohibit students or supervisees
from performing or holding themselves out as competent to perform professional
services beyond their training, level of experience, and competence.
E. shall take reasonable precautions to
ensure that services provided by trainees are professional.
F. shall not disclose supervisee
confidences except by written authorization or waiver, or when mandated or
permitted by law; in educational or training settings where there are multiple
supervisors, disclosures are permitted only to other professional colleagues or
administrators.
G. shall be required to sign for
supervision and client contact hours provided to their supervisees on the
appropriate Attachment B form prior to the termination of the supervisory
relationship. If, in the supervisor’s professional opinion, believes the supervisee
is not yet ready for independent licensure, or has other concerns about the
supervisee’s professionalism, they may include an explanatory letter with the
Attachment B form.
[16.27.18.19 NMAC- Rp 16.27.18.19 NMAC, 11/30/2021]
16.27.18.20 RESPONSIBILITY
TO COLLEAGUES: Licensees or registrants should:
A. treat
colleagues with respect and should accurately represent the qualifications,
views, and obligations of colleagues;
B. avoid
unwarranted negative criticism of colleagues in communications with clients or
with other professionals;
C. cooperate
with colleagues and with colleagues of other professions when their cooperation
serves the wellbeing of clients;
D. respect
confidential information shared by colleagues in the course of their
professional relationships and transactions; licensees or registrants should
ensure that their colleagues understand licensees or registrants’ obligations
to respect confidentiality and any exceptions related
to it;
E. participate
in and contribute to decisions that affect the wellbeing of clients by drawing
on the perspectives, values, and experiences of the individual’s profession
with members of an interdisciplinary team; professional and ethical obligations
of the interdisciplinary team as a whole and of its individual members should
be clearly established;
F. attempt
to resolve disagreements through appropriate channels for whom a team decision
raises ethical concerns for the licensee or registrant; if the disagreement
cannot be resolved, pursue other avenues to address license or registrant’s
concerns consistent with client wellbeing;
G. should
not take advantage of a dispute between a colleague and an employer to obtain a
position or otherwise advance the licensed or registered individual’s own
interests; and
H. should
not exploit clients in disputes with colleagues or engage clients in any
inappropriate discussion with colleagues.
[16.27.18.20 NMAC- Rp 16.27.18.20 NMAC, 11/30/2021]
16.27.18.21 RESPONSIBILITY
TO THE PROFESSION: Licensees or registrants shall:
A. refraining
from aiding or abetting another person in misrepresenting his/her professional
credentials or illegally engaging in the practice of counseling or therapy;
B. refrain
from delegating professional responsibilities to a person not appropriately
qualified to provide such services;
C. exercise
appropriate supervision over supervisees, as set forth in the parts and
regulations of the board;
D. inform
the board in writing when the licensee or registrant has substantial reason to
believe that there has been a violation of the statutes or parts of the rule
which presents eminent danger to the licensee, registrant or client; or if this
information is obtained in a professional relationship with a client, obtain
prior written permission from the client before reporting it; counselors or
therapists shall not file or encourage the filing of ethical complaints that
are frivolous or are intended to harm the licensee rather than protect the
public;
E. be
familiar with this code of ethics, and its application to counselors or
therapists' work. Lack of awareness or
misunderstanding of the conduct standards is not a defense to a charge of
unethical conduct;
F. consult
with the board's ethics committee when uncertain whether a particular situation
or course of action would violate this code of ethics; and
G. cooperate
in ethics investigations, proceedings, and resulting requirements of this code.
Release of confidential information in an investigation by the board does not
constitute a violation of confidentiality.
Failure to cooperate in an investigation is an ethics violation.
[16.27.18.21 NMAC- N, 11/30/2021]
16.27.18.22 INVESTIGATIONS: If a licensee or
registrant voluntarily surrenders their license or registration in anticipation
of or during the course of an investigation, the
complaint committee will proceed with its investigation and take any
appropriate action. Any publication of
action taken by the committee and the counseling and therapy practice board
will include the fact that the licensee or registrant voluntarily surrendered
their license or registration during the investigation.
[16.27.18.20 NMAC- N, 11/30/2021]
16.27.18.23 ELECTRONIC THERAPY:
A. Any
licensee or registrant offering services online, or by any other electronic
virtual means, shall adhere to the
entire code of ethics as it appears in this Part. In addition, the licensee or registrant
providing services shall inform the client, in the process of securing informed
consent for services that:
(1) professional
services are considered to be rendered in the state of
New Mexico;
(2) complaints
about professional services and should be directed to the New Mexico counseling
and therapy practice board; and
(3) encryption
and other technologies shall be used to insure confidentiality of the therapy
session.
B. Licensees
or registrants who provide professional services via electronic media (such as
computer, telephone, radio, and television) should inform clients of the
limitations and risks associated with such services.
C. Electronic
and telephonic supervision, counseling and psychotherapy services provided
under supervision are considered contact hours and subject to face-to-face
supervision requirements.
[16.27.18.23 NMAC – N, 11/30/2021]
HISTORY OF 16.27.18 NMAC:
Pre-NMAC History: The material in this part was derived from
that previously filed with the State Records Center and Archives under:
Rule 14, Code of Ethics, 3/20/1995
History of
Repealed Material:
16 NMAC 27.14, Code of Ethics - Repealed 6/15/2001.
Other
History:
16.27.18 NMAC – Code of Ethics, filed 6/15/2001, was
repealed and replaced by 16.27.18 NMAC – Code of Ethics, effective 11/30/2021.