N.M. Code R. § 16.27.18.18

Current through Register Vol. 35, No. 11, June 11, 2024

Section 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.

N.M. Code R. § 16.27.18.18

16.27.18.18 NMAC- Rp 16 NMAC 27.14.18, 6-15-01, Adopted by New Mexico Register, Volume XXXII, Issue 22, November 30, 2021, eff. 11/30/2021