268 CMR, § 5.03

Current through Register 1533, October 25, 2024
Section 5.03 - Professional Relationship with Clients
(1) Licensees shall make known to prospective clients the important aspects of the professional relationship, including fees and arrangement for payment, which might affect the client's decision to enter into the relationship. Licensee's fees must be commensurate with services rendered . Under no circumstances shall a licensee charge for services not rendered.
(2) Licensees must guard against conflicts of professional interest. They shall not engage in commercial activities that conflict with responsibility to clients or to colleagues. Licensees shall not receive or give a commission or rebate or any other form of remuneration for the referral of clients for professional service. Licensees shall not accept fees, gifts, or other forms of gratuities for recommending a particular product or use of a particular referral source.
(3) When a referral relationship exists, licensees shall provide ongoing communication with the licensed referring practitioner regarding changes in plans of care, treatment programs, and termination of services. Licensees shall take reasonable action to inform a client's physician and any appropriate allied health care provider in cases where a client's nutritional status indicates a change in medical status.
(4) Licensees shall disclose to clients any interest in commercial enterprises that the licensee promotes for the purpose of personal gain or profit.
(5) Licensees shall be alert to situations that might cause a conflict of interest or have the appearance of a conflict, and provide full disclosure when a real or potential conflict of interest arises.
(6) Licensees shall provide professional services in a manner that is sensitive to cultural differences and does not discriminate against others on the basis of race, ethnicity, creed, religion, disability, gender, age, sexual orientation, or national origin.
(7) A licensee shall not engage in, solicit, or otherwise attempt to engage in any form of sexual relationship or activity with a client.
(8) Licensees shall not violate any provision of any federal or state statute relating to confidentiality of client communication and/or records. Unless required by law, the licensee shall not reveal to any unauthorized person any confidential information obtained from the individual that the licensee serves professionally without the client's expressed written permission.

268 CMR, § 5.03