Md. Code Regs. 10.36.05.07

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.36.05.07 - Client Welfare

A. A psychologist or psychology associate shall:

(1) Take appropriate steps to disclose to all involved parties conflicts of interest that arise, with respect to a psychologist's or psychology associate's clients, in a manner that is consistent with applicable confidentiality requirements; and

(2) Make arrangements for another appropriate professional to deal with emergency needs of the psychologist's or psychology associate's clients as appropriate, during periods of anticipated absences from professional availability.

B. Exploitation. A psychologist or psychology associate may not:

(1) Exploit or harm clients, colleagues, students, research participants, or others;

(2) Take actions that violate or diminish the legal and civil rights of clients or of others who may be affected by the action;

(3) Exploit the trust and dependency of clients, students, and subordinates;

(4) Allow personal, social, religious, organizational, financial, or political situations and pressures to lead to a misuse of their influence; or

(5) Enter into a new nonpsychological, nonprofessional relationship with a former client that is considered exploitative dependent on, but not limited to:

(a) The nature, duration, and intensity of professional services rendered to the client;

(b) The length of the professional relationship;

(c) The length of time between the termination of the professional relationship and the initiation of the nonprofessional relationship;

(d) The mental stability of the psychologist or psychology associate and former client;

(e) The circumstances of termination, including, but not limited to, statements or actions of the psychologist or psychology associate suggesting or inviting the possibility of a post-termination relationship; and

(f) The likelihood of adverse impact on the client.

C. Sexual Misconduct. A psychologist or psychology associate may not:

(1) Engage in sexual intimacies with a current client;

(2) Engage in sexual intimacies with a former client:

(a) For at least 2 years after the cessation or termination of professional services; or

(b) After the 2 years following the cessation or termination of professional services if the sexual relationship is exploitative in light of the following factors:

(i) The nature, duration, and intensity of professional services rendered to the client;

(ii) The length of the professional relationship;

(iii) The length of time between the termination of the professional relationship and the initiation of the nonprofessional relationship;

(iv) The mental stability of the psychologist or psychology associate and former client;

(v) The circumstances of termination including, but not limited to, statements, or actions of the psychologist or psychology associate suggesting or inviting the possibility of a post-termination sexual or romantic relationship; and

(vi) The likelihood of adverse impact on the former client;

(3) Engage in sexual intimacies with individuals known to be the parents, guardians, spouses, domestic partners, sexual partners, children, or siblings of the client or for at least 2 years after cessation or termination of professional services;

(4) Terminate a professional relationship with a client for the purpose of engaging in sexual intimacies with one of the individuals set forth in §C(3) of this regulation;

(5) Engage in sexual behavior with a client in the context of a professional evaluation, treatment, procedure, or service to the client, regardless of the setting in which the professional service is rendered; or

(6) Engage in sexual behavior with a client under the pretext of diagnostic or therapeutic intent or benefit.

D. Harassment. A psychologist or psychology associate may not:

(1) Engage in sexual solicitation, physical advances, or verbal or nonverbal conduct that is sexual in nature, which behavior occurs in connection with the psychologist's or psychology associate's professional role;

(2) Engage in sexual harassment of the psychologist's or psychology associate's past or present clients, supervisees, research participants, or employees, with deliberate or repeated comments, gestures, or physical contacts of a sexual nature; or

(3) Create a hostile workplace or educational environment by unwelcome and offensive behaviors that are sufficiently severe or intense to be abusive of a reasonable individual in that environment whether it consists of a single act or of multiple persistent or pervasive acts.

E. A psychologist or psychology associate shall:

(1) Provide psychological services for minor children or for adults who have legal guardians only with appropriate authorization; and

(2) Take special care to protect the interests of minors or clients who are unable to give voluntary, informed consent.

F. Termination of Services. A psychologist or psychology associate shall:

(1) Make or recommend referral to other professional, technical, or administrative resources if the referral is clearly in the best interest of the client; and

(2) Unless precluded by the actions of the client, terminate the professional relationship in an appropriate manner, notify the client in writing of this termination, and assist the client in obtaining services from another professional, if

(a) It is reasonably clear the client is not benefiting from the relationship;

(b) A multiple relationship develops or is discovered after the professional relationship has been initiated;

(c) Impaired competency or objectivity develops or is discovered after a professional relationship has been initiated; or

(d) The psychologist or psychology associate has been threatened or otherwise endangered by the client or another person with whom the client has a relationship.

Md. Code Regs. 10.36.05.07

Regulations .07 adopted effective November 10, 2003 (30:22 Md. R. 1582)
Regulation .07 amended effective 42:10 Md. R. 684, eff.5/25/2015