Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1283 - MARRIAGE AND FAMILY THERAPY LICENSING ACT › Section 1283.100 - Professional Conduct

Current through Register Vol. 48, No. 28, July 12, 2024
The Division may suspend or revoke a license, refuse to issue
				or renew a license or take other disciplinary action, based upon its finding of
				"unethical, unauthorized, or unprofessional conduct" within the meaning of
				Section 85 of the Act which is interpreted to include, but is not limited to,
				the following acts or practices:
a) A
			 therapist must not perform, nor pretend to be able to perform, professional
			 services beyond his/her scope of practice. A therapist must not misrepresent
			 credentials, degrees, professional associations, or competencies either through
			 spoken word or written materials. A therapist must immediately retract or
			 correct any misrepresentation. A therapist must correct misrepresentations by
			 third parties as soon as the therapist is informed of the error.
b) A therapist must not permit an intern or
			 trainee under the therapist's supervision to perform, or to pretend to be
			 competent to perform, professional services beyond the trainee's or intern's
			 level of training. Disclosure of the intern's status and the name of the
			 supervisor is required. A waiver of liability signed by the client is required
			 when a marriage and family therapy intern or trainee is treating the
			 client.
c) Therapists must
			 recognize the potentially influential position they may have with respect to
			 clients, students, employees and supervisees. Therapists must conduct
			 themselves with sensitivity to clients' potential vulnerability. Therapists
			 should avoid exploiting clients' trust and dependency. Therapists must also
			 make every effort to avoid dual relationships with clients during treatment and
			 following termination of therapy. When a dual relationship cannot be avoided,
			 therapists must take appropriate professional precautions to ensure judgment is
			 not impaired and no exploitation occurs. Examples of dual relationships include
			 but are not limited to close personal friendships, business or other
			 relationships that are used to further a therapist's own interests, or the
			 provision of therapy to students, employees, or supervisees. Sexual intimacy
			 between therapist and client, students or supervisees is prohibited. Sexual
			 intimacy with former clients is prohibited for at least two years after
			 termination of treatment.
d) A
			 therapist must not engage in sexual or other harassment or exploitation of
			 students, trainees, employees, colleagues, research subjects, actual or
			 potential witnesses or complainants in legal or ethical proceedings.
e) A therapist who is convicted of any crime
			 related to his/her qualifications or professional responsibilities may be
			 subject to disciplinary action by the Division. Likewise, a therapist who
			 engages in conduct which could lead to conviction of a crime related to his/her
			 qualifications or professional responsibilities may be subject to disciplinary
			 action.
f) A therapist who becomes
			 impaired and unable to function according to the standards of practice may be
			 subject to disciplinary action if an active practice continues. Causes of
			 impairment may include, but are not limited to, the abuse of mood altering
			 chemicals and physical or mental problems.
g) It is the responsibility of therapists to
			 seek supervision and/or personal therapy for any problem that is interfering
			 with their ability to perform their professional services.
h) A therapist must not subject a client to
			 discrimination based on race, gender, religion, national origin, political
			 affiliation, social or economic status, choice of lifestyle, sexual or
			 affectional orientation.
i) A
			 therapist must inform a client of any conflict of interest, values, attitudes,
			 or biases between them that are sufficient to impair their professional
			 relationship. Either the client or the therapist may terminate the
			 relationship. However, it is the therapist's responsibility to terminate the
			 professional relationship when it no longer serves the client's needs or
			 interests. It is the responsibility of the therapist to facilitate termination
			 and to assist in referring the client to another professional. Termination
			 should be handled with care and sensitivity.
j) A therapist has the responsibility to be
			 informed of other professional, technical, and administrative resources
			 available to clients. A therapist must utilize those resources and/or refer
			 clients when it is in the best interests of the client.
k) A therapist must make a referral upon
			 client request regardless of administrative and/or funding mandates.
l) A therapist must not allow an individual
			 or agency paying for the professional services to a client to exert undue
			 influence over the therapist's work performance and clinical
			 judgment.
m) A therapist must offer
			 all facts regarding services rendered to the client prior to administration of
			 professional services. The purpose of informed consent is to insure client's
			 complete access to information pertaining to professional services. Examples
			 include, but are not limited to, fees for services, length of treatment and
			 utilization of consultants. The client's signature indicating receipt of
			 pertinent information is strongly encouraged.
n) A therapist must not provide services to a
			 client when the therapist's objectivity or effectiveness is impaired. The
			 therapist must make this known to the client and assist the client in obtaining
			 a referral to another professional.
o) A therapist must hold in confidence all
			 information pertaining to a client's therapy. It is the responsibility of the
			 therapist to safeguard client confidences as required by law. This includes a
			 therapist's employees and professional associates.
p) A therapist must inform a client of the
			 limitations of confidentiality. These limitations include, but are not limited,
			 to:
1) Limitations mandated by the
			 law.
2) The prevention of clear and
			 immediate danger to one or more persons.
3) When the therapist is a defendant in a
			 civil, criminal or disciplinary action arising from the therapy, client
			 confidences may be disclosed in the course of that action.
4) When a written waiver of confidentiality
			 has been obtained, all information revealed must be in accordance with the
			 terms of the waiver. If there is more than one party involved in the therapy,
			 the waiver must be signed by all members legally competent to execute such a
			 waiver.
5) When release of
			 information pertaining to a minor is requested, it must be signed by a parent
			 or guardian.