Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 514 - BOARD OF COUNSELING PROFESSIONALS LICENSURE › Chapter 8-A - CODE OF ETHICS › Section 514-8-A-4 - Moral and Legal Standards

Current through 2024-29, July 17, 2024
The counselor is honest in dealing with clients, students,
				  trainees, colleagues and the public. The counselor will avoid any action that
				  would violate or diminish the legal and civil rights of clients.
Misconduct includes, but is not limited to, the
				  following:
1. Practicing inhumane or
				discriminatory treatment toward any person or group of persons that would
				result in unjustifiable discrimination on the basis of age, race, gender,
				religion, sexual preference, national origin or disability;
2. Engaging in sexual activity as defined in
				Chapter 1, Section 1(19) of the board's rules with a:
- Client;
- Spouse or partner of a client; or
- Child or stepchild of a client
during the counseling relationship or within five years
				  following the last professional contact with the client. Counselors who engage
				  in such activity after five years following the last professional contact must
				  thoroughly document before commencing the activity that the activity is not of
				  an exploitive nature and will not have an adverse impact on the client. The
				  counselor shall base this determination on factors such as the-
- Nature, duration and intensity of counseling;
- Amount of time since counseling;
- Circumstances of termination; and
- Personal history and mental status of the client.
The counselor's determination of no exploitation and no
				  adverse impact is reviewable by the board in the event that disciplinary action
				  is brought against the counselor arising out of the activity.
3. Engaging in sexual activity as defined in
				Chapter 1, Section 1(19) of the board's rules with a person who is a-
- Supervisee,
- Student; or
- Research subject
of the counselor at the time the sexual activity takes
				  place;
4. Counseling an
				individual with whom the counselor has had a prior sexual
				relationship;
5. Counseling a
				client in an inappropriate environment for professional services, in a location
				or setting that places the client at risk of harm or exploitation, or in a
				location or setting in which privacy cannot be assured, unless counseling in
				such circumstances is clinically indicated and documented in clinical
				notes;
6. Practicing while under
				the influence of alcohol or drugs not prescribed by a licensed
				physician;
7. Accepting or giving a
				fee or anything of value for making or receiving a referral;
8. Using an institutional affiliation to
				solicit clients for the licensee or registrant's private practice;
9. Failing to have sensitive regard for the
				moral, social, and religious beliefs of clients and communities, or imposing
				the licensee's or registrant's beliefs on clients;
10. Counselors ordinarily refrain from
				accepting goods, services or other noncash remuneration from clients in return
				for counseling services because such arrangements create potential for
				conflicts, exploitation, and distortion of counselor-client relationships. A
				counselor may participate in bartering only if:
a) the client requests this method of
				payment;
b) unusual circumstances
				make it the only feasible option;
c)
				it is not clinically contraindicated; and
d) the relationship is not exploitive. When
				the client is providing services as a barterer, the time required of him or her
				must be equitable. Counselors must avoid creating a dual relationship when
				bartering with clients; and