SECTION 86:16-5-4. Responsibility to students, employees, and supervisees

(a)   LMFTs shall not exploit the trust and dependency of students, employees and supervisees.

(b)   LMFTs are cognizant of their potentially influential position with respect to students, employees, and supervisees, and shall not exploit the trust and dependency of such persons. LMFTs, therefore, shall avoid extra therapeutic relationships that impair their professional judgment or increase the risk of exploitation. Examples of such extra therapeutic relationships include, but are not limited to, provision of therapy to students, employees, or supervisees, and business or close personal relationships with students, employees, or supervisees. Sexual intimacy with students or supervisees is prohibited.

(c)   LMFTs shall not permit students, employees, or supervisees to perform or to hold themselves out as competent to perform professional services beyond their training, level of experience, and competence.

(d)   LMFTs shall not disclose supervisee confidences to anyone, except:

(1)   as mandated by law;

(2)   to prevent a clear and immediate danger to a person or persons;

(3)   where the marital and family therapist is a defendant in a civil, criminal, or disciplinary action arising from the supervision (in which case client confidences may be disclosed only in the course of that action);

(4)   if there is a waiver previously obtained in writing, and then such information may be revealed only in accordance with the terms of the waiver.

[Source: Transferred from 310:400-5-4 by Laws 2013, c. 229, § 3(F), eff 11-1-13 (see Editor’s Note at beginning of this Chapter)]