SECTION 86:16-5-3. Professional competence and integrity

(a)   LMFTs are dedicated to maintaining high standards of professional competence and integrity.

(b)   LMFTs are presumed to have violated high standards of integrity or competence if they:

(1)   are convicted of a felony;

(2)   are convicted of a misdemeanor (related to their qualifications or functions);

(3)   engage in conduct which could lead to conviction of felonies, or misdemeanors related to their qualifications or functions;

(4)   have their licenses or certificates suspended or revoked; or

(5)   are no longer competent to practice marital and family therapy because they are impaired due to physical or mental causes or the abuse of alcohol or other substances.

(c)   LMFTs shall seek appropriate professional assistance for their own personal problems or conflicts that are likely to impair their work performance and their clinical judgment.

(d)   LMFTs, as teachers and supervisors, are dedicated to maintaining high standards of scholarship and presenting information that is accurate.

(e)   LMFTs shall remain abreast of new developments in family therapy knowledge and practice through both educational activities and clinical experiences.

(f)   LMFTs shall not engage in sexual or other harassment or exploitation of clients, students, trainees, supervisees, employees, colleagues, research subjects, or actual or potential witnesses or complainants in ethical proceedings.

(g)   LMFTs shall not attempt to diagnose, treat, or advise on problems outside the recognized boundaries of their competence.

(h)   LMFTs shall prevent the distortion or misuse of their clinical and research findings.

(i)   LMFTs are aware that, because of their ability to influence and alter the lives of others, they must exercise special care when making public their professional recommendations and opinions through testimony or other public statements.

(j)   LMFTs shall protect the welfare of the client by storing and/or destroying, when appropriate, client files.

(k)   LMFTs shall not, under normal circumstances, offer professional services to clients concurrently receiving services from another professional except with the knowledge of the professional.

(l)   LMFTs shall display their original, current license certificate in a prominent place in the primary location of their practice.

(m)   LMFTs shall keep the Department updated regarding changes in mailing address, phone number and place of employment. Failure to do so may place the license in jeopardy due to missed renewal notices and other important communications.

(n)   LMFTs and LMFT Candidates may perform forensic services, which may include, but are not limited to, assessments, interviews, consultations, custody evaluations, reports, or expert testimony, or other such activity that is undertaken or conducted by the candidate or licensee in contemplation that the results may, or are intended to be, later furnished to a trier of fact or other decision maker, only under the following conditions:

(1)   LMFTs and LMFT Candidates must demonstrate competence by education or experience in the subject matter relevant to the issues in question , as determined by the court.

(2)   .LMFTs and LMFT Candidates shall provide a written notice and make reasonable attempts to obtain a signature acknowledging receipt of such notice, from each person or persons who is the subject of the forensic services. This written notice shall include:

(A)   a description of what procedure will be followed in the evaluation process;

(B)   how such information, interpretations, conclusions, and recommendations will be distributed;

(C)   fee arrangements; and

(D)   explanation of the role of the evaluator if subsequently called upon to provide expert testimony before a trier of fact

(3)   LMFTs and LMFT Candidates shall maintain written records, in a form or format that is legible or readable to third persons, of all contacts and information received and used in the preparation of their report.

(4)   LMFTs and LMFT Candidates must conduct a thorough examination of the person who is the subject of their forensic analysis, and such other person or persons who has/have a legally recognizable right in the subject matter of the proceeding.

(5)   LMFTs and LMFT Candidates must base their findings and conclusions only upon information gained by appropriate and lawful means. Interviews of minor children shall be preceded by written consent from the joint-custodial parents or from the custodial parent or from the legal guardian or from the legal custodian appointed by the Court.

(6)   LMFTs and LMFT Candidates who provide therapy services for a client shall only provide fact witness testimony, which may include diagnostic impressions, treatment plans and other factual clinical information ordinarily included in a treatment file. Fact witness testimony by LMFTs and LMFT Candidates shall not include opinions or recommendations pertaining to matter subject to a decision by the Court, in forensic matters involving that client, unless otherwise required by law or court order. LMFTs and LMFT Candidates who provide mediation, parent coordinating assistance or any other neutral participation, may not undertake to provide therapy concurrently or subsequently to any person(s) involved or directly affected by the LMFT's or LMFT Candidate's role as a neutral participant. Fact witness testimony means evidentiary statements that are limited to direct observations by the LMFT or LMFT Candidate and shall not include conclusions, opinions or recommendations.

(7)   Assessments, interviews, consultations, custody evaluations, reports or other activity not performed in contemplation that the results would be furnished to a trier of fact or decision maker, must be kept confidential and cannot be utilized in the formation or publication of an opinion by the candidate or licensee.

(o)   An LMFT, LMFT candidate, or applicant for LMFT licensure, in connection with a license application or an investigation conducted by the Department pursuant to OAC 310:400-17-3, shall not:

(1)   knowingly make a false statement of material fact; LMFT, LMFT candidate or applicant for licensure to have arisen in the application or the matter under investigation; or

(2)   fail to disclose a fact necessary to correct a misapprehension known by the LMFT, LMFT candidate or applicant for licensure to have arisen in the application or the matter under investigation; or

(3)   fail to respond to a demand for information made by the Department or any designated representative thereof, unless a request for a protective order has been first made pursuant to the provisions of Chapter 2 of this title, in which case the LMFT, LMFT candidate or applicant may await the decision concerning the issuance or denial of a protective order before making any response.

(p)   No person may engage in the private or independent practice of marital and family therapy work or open a facility with the intent of providing private or independent therapy practice unless that person:

(1)   is licensed under this Act as a Licensed Marital and Family Therapist; and,

(2)   has met all requirements of OAC 310:400-11-4 of the LMFT Regulations; and

(3)   has continued to meet all continuing education requirements set forth in Subchapter 15 of this Chapter.

[Source: Transferred from 310:400-5-3 by Laws 2013, c. 229, § 3(F), eff 11-1-13 (see Editor’s Note at beginning of this Chapter)]