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| ====== LMHC Laws, Regulations, Codes of Ethics ====== | ====== LMHC Laws, Regulations, Codes of Ethics ====== | ||
| + | |||
| + | ===== Board Policy ===== | ||
| + | |||
| [[LMHC Board Policy FullText|Full text of the LMHC Board's "Policy on Distance, Online, and Other Electronic-Assisted Counseling: Policy No. 07-03"]] | [[LMHC Board Policy FullText|Full text of the LMHC Board's "Policy on Distance, Online, and Other Electronic-Assisted Counseling: Policy No. 07-03"]] | ||
| Line 24: | Line 27: | ||
| > | > | ||
| >e. Avoiding harm | >e. Avoiding harm | ||
| - | > | + | |
| - | >f. Fees and financial arrangements | + | |
| - | > | + | |
| - | >g. Advertising | + | |
| - | > | + | |
| >h. Abandonment of clients | >h. Abandonment of clients | ||
| - | > | ||
| - | >i. Handling requests for obtaining clinical records | ||
| >9. The Board expects licensees to understand and overcome the significant challenges inherent in providing counseling and therapy without face-to-face contact with the client. | >9. The Board expects licensees to understand and overcome the significant challenges inherent in providing counseling and therapy without face-to-face contact with the client. | ||
| Line 38: | Line 35: | ||
| > | > | ||
| >a. Full disclosure with regard to potential risks to confidentiality, including computer hacking and/or archiving of communications. | >a. Full disclosure with regard to potential risks to confidentiality, including computer hacking and/or archiving of communications. | ||
| - | > | + | |
| - | >b. Full disclosure of the limits to confidentiality in the jurisdictions where the client, and where the clinician are located. | + | |
| - | > | + | |
| - | >c. Full disclosure of mandated reporting requirements in the jurisdictions where the client, and where the clinician are located. | + | |
| - | > | + | |
| >d. Full disclosure with regard to the potential disadvantages or limitations of electronic-assisted clinical services. | >d. Full disclosure with regard to the potential disadvantages or limitations of electronic-assisted clinical services. | ||
| > | > | ||
| Line 48: | Line 41: | ||
| > | > | ||
| >f. Full disclosure with regard to fees and billing practices. | >f. Full disclosure with regard to fees and billing practices. | ||
| - | > | + | |
| - | >g. Full disclosure with regard to licensing, credentials and areas of expertise. | + | |
| - | > | + | |
| >h.Screening and local referral for critical and urgent problems | >h.Screening and local referral for critical and urgent problems | ||
| - | > | + | |
| - | >i. Verification of the identity and age of the client. | + | |
| - | > | + | |
| - | >j. Obtaining consent to provide services by a guardian for minors or other vulnerable clients. | + | |
| - | > | + | |
| >k. Management of any misunderstanding or compensation for any missing information, resulting from the lack of visual or auditory cues. | >k. Management of any misunderstanding or compensation for any missing information, resulting from the lack of visual or auditory cues. | ||
| > | > | ||
| Line 64: | Line 51: | ||
| > | > | ||
| >n. Procedures for contacting the clinician when he/she is offline | >n. Procedures for contacting the clinician when he/she is offline | ||
| - | > | + | |
| + | ===== AMHCA Code of Ethics ====== | ||
| + | |||
| + | [[https://higherlogicdownload.s3-external-1.amazonaws.com/AMHCA/2%20AMHCA%20Code%20of%20Ethics-2020-2.pdf?AWSAccessKeyId=AKIAVRDO7IEREB57R7MT&Expires=1583401111&Signature=Nlz7Y1Ma6Ppb7DjmhHmzR%2FHqN8s%3D|AMHCA Code of Ethics, 2020, PDF]] | ||
| + | |||
| + | The primarily relevant section is B.6. "The Use of Technology Supported Counseling and Communications (TSCC)", which starts on page 12. | ||
| + | |||
| + | Some particularly relevant excerpts: | ||
| + | |||
| + | > CMHCs recognize that technology has become culturally normative worldwide and may employ modern technology communications judiciously, attentive to both the benefits and risks to clients and to the therapeutic process of using technologies to arrange, deliver, or support counseling. | ||
| + | |||
| + | > b.CMHCs recognize that federal, state, and local laws prevail and that the standard of care for TSCC is expected in the same manner as face-to-face and in-office counseling. Continuity of care is crucial and, at times, may conflict with local laws and regulations. CMHCs should employ a solid ethical decision-making model to secure continuity of care. | ||
| + | |||
| + | > d.CMHCs only provide telehealth or distance counseling when they have had sufficient training which can be gained through education, supervision, or other appropriate activities (see the TSCC section of AMHCA Standards for the Practice of Clinical Mental Health Counseling in Appendix B of the “Essentials of the Clinical Mental Health Counseling Profession” text or online atwww.amhca.org/publications/standards) | ||
| + | |||
| + | > f.At the beginning of a course of distance counseling, CMHCs acquire the contact information for emergency services in the location of the client and develop a procedure to follow in the event of a psychiatric or health emergency. | ||
| + | |||
| + | > g.In states where there is a legal requirement that CMHCs must include in the client record client communications through TSCC, CMHCs inform the client of that fact. | ||
| + | |||
| + | Also note, in the Preamble to the CoE, it states: | ||
| + | |||
| + | > In their professional duties, CMHCs may encounter conflicts between the AMHCACode of Ethicsand the law, or between local regulatory statute and state law. CMHCs attempt to resolve these conflicts when they occur. When dealing with such conflicts, CMHCs always consider the client’s best interest, including continuity of care. When conflicts are unresolvable, CMHCs may adhere to the requirements of the law. | ||
| + | |||
| + | ===== AMHCA Standard for the Practice of Clinical Mental Health Counseling ===== | ||
| + | |||
| + | [[https://higherlogicdownload.s3-external-1.amazonaws.com/AMHCA/1%20AMHCA%20Standards-5.pdf?AWSAccessKeyId=AKIAVRDO7IEREB57R7MT&Expires=1583408745&Signature=JItqO%2F%2FyaBc2Tu0CLh7OxXpCsWw%3D|The AMHCA Standards, 2020, PDF]] | ||
lmhc_law_reg_coe.1584326909.txt.gz · Last modified: 2020/03/16 02:48 by vlayne
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