SECTION 86:21-7-5. Responsibility to supervisees

(a)   LBPs shall not exploit the trust and dependency of supervisees.

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

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

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

(1)   as mandated by law;

(2)   in case of clear and imminent danger to a person or persons;

(3)   where the professional counselor 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.

(5)   to the Department in reporting ethical or professional concerns as a part of the supervision agreement.

[Source: Transferred from 310:403-7-4.1 by Laws 2013, c. 229, § 3(F), eff 11-1-13 (see Editor’s Note at beginning of this Chapter)]