South Carolina Code of Regulations › Chapter 36 - DEPARTMENT OF LABOR, LICENSING AND REGULATION BOARD OF EXAMINERS FOR LICENSURE OF PROFESSIONAL COUNSELORS, MARRIAGE AND FAMILY THERAPISTS, ADDICTION COUNSELORS, AND PSYCHO-EDUCATIONAL SPECIALISTS › Article 7 - CODES OF ETHICS › Section 36-23 - Code of Ethics for Addiction Counselors

Current through Register Vol. 48, No. 6, June 28, 2024
(A) The Counseling Relationship
(1) Client Welfare: Addiction Counselors
			 understand and accept their responsibility to ensure the safety and welfare of
			 their client, and to act for the good of each client while exercising respect,
			 sensitivity, and compassion. Providers shall treat each client with dignity,
			 honor, and respect, and act in the best interest of each client.
(2) Informed Consent: Addiction Counselors
			 understand the right of each client to be fully informed about treatment and
			 shall provide clients with information in clear and understandable language
			 regarding the purposes, risks, limitations, and costs of treatment services,
			 reasonable alternatives, their right to refuse services, and their right to
			 withdraw consent within time frames delineated in the consent. Providers have
			 an obligation to review with their client - in writing and verbally - the
			 rights and responsibilities of both Providers and clients. Providers shall have
			 clients attest to their understanding of the parameters covered by the Informed
			 Consent.
(3) Limits of
			 Confidentiality: Addiction Counselors clarify the nature of relationships with
			 each party and the limits of confidentiality at the outset of services when
			 agreeing to provide services to a person at the request or direction of a third
			 party.
(4) Addiction Counselors
			 shall guard the individual rights and personal dignity of their clients in the
			 counseling relationship through an awareness of the impact of stereotyping and
			 unwarranted discrimination.
(5)
			 Legal Competency: Addiction Counselors who act on behalf of a client who has
			 been judged legally incompetent or with a representative who has been legally
			 authorized to act on behalf of a client, shall act with the client's best
			 interests in mind, and shall inform the designated guardian or representative
			 of any circumstances which may influence the relationship. Providers recognize
			 the need to balance the ethical rights of clients to make choices about their
			 treatment, their capacity to give consent to receive treatment-related
			 services, and parental/familial/representative legal rights and
			 responsibilities to protect the client and make decisions on their
			 behalf.
(6) Mandated Clients:
			 Addiction Counselors who work with clients who have been mandated to counseling
			 and related services shall discuss legal and ethical limitations to
			 confidentiality.
(7) Multiple
			 Therapists: Addiction Counselors shall seek to obtain a signed Release of
			 Information from a potential or actual client if the client is working with
			 another behavioral health professional. The Release shall allow the Provider to
			 strive to establish a collaborative professional relationship.
(8) Multiple/Dual Relationships: Addiction
			 Counselors shall make every effort to avoid multiple relationships with a
			 client. When a dual relationship is unavoidable, the professional shall take
			 extra care so that professional judgment is not impaired and there is no risk
			 of client exploitation.
(9) Group:
			 Addiction Counselors shall clarify who "the client" is, when accepting and
			 working with more than one person as "the client." Provider shall clarify the
			 relationship the Provider shall have with each person. In group counseling,
			 Providers shall take reasonable precautions to protect the members from
			 harm.
(10) Financial Disclosure:
			 Addiction Counselors shall truthfully represent facts to all clients and
			 third-party payers regarding services rendered, and the costs of those
			 services.
(11) Communication:
			 Addiction Counselors shall communicate information in ways that are
			 developmentally and culturally appropriate. Providers offer clear
			 understandable language when discussing issues related to informed consent.
			 Cultural implications of informed consent are considered and documented by
			 Provider.
(12) Treatment Planning:
			 Addiction Counselors shall create treatment plans in collaboration with their
			 client. Treatment plans shall be reviewed and revised on an ongoing and
			 intentional basis to ensure their viability and validity.
(13) Level of Care: Addiction Counselors
			 shall provide their client with the highest quality of care. Providers shall
			 use ASAM or other relevant criteria to ensure that clients are appropriately
			 and effectively served.
(14)
			 Documentation: Addiction Counselors and other Service Providers shall create,
			 maintain, protect, and store documentation required per federal and state laws
			 and rules, and organizational policies.
(15) Advocacy: Addiction Counselors are
			 called to advocate on behalf of clients at the individual, group,
			 institutional, and societal levels. Providers should speak out regarding
			 barriers and obstacles that impede access to and/or growth and development of
			 clients. When advocating for a specific client, Providers obtain written
			 consent prior to engaging in advocacy efforts.
(16) Referrals: Addiction Counselors shall
			 recognize that each client is entitled to the full extent of physical, social,
			 psychological, spiritual, and emotional care required to meet their needs.
			 Providers shall refer to culturally - and linguistically - appropriate
			 resources when a client presents with any special needs that are beyond the
			 scope of the Provider's education, training, skills, supervised expertise, and
			 licensure.
(17) Exploitation:
			 Addiction Counselors are aware of their influential positions with respect to
			 clients, trainees, and research participants and shall not exploit the trust
			 and dependency of any client, trainee, or research participant. Providers shall
			 not engage in any activity that violates or diminishes the civil or legal
			 rights of any client. Providers shall not use coercive treatment methods with
			 any client, including threats, negative labels, or attempts to provoke shame or
			 humiliation.
(18) Sexual
			 Relationships: Addiction Counselors shall not engage in any form of sexual or
			 romantic relationship with any current or former client for a period of 5 years
			 after last professional contact, nor accept as a client anyone with whom they
			 have engaged in a romantic, sexual, social, or familial relationship. This
			 prohibition includes in-person and electronic interactions and/or
			 relationships. Addiction Counselors are prohibited from engaging in counseling
			 relationships with friends or family members with whom they have an inability
			 to remain objective.
(19)
			 Termination: Addiction Counselors shall terminate services with clients when
			 services are no longer required, no longer serve the client's needs, or the
			 Provider is unable to remain objective. Counselors provide pre-termination
			 counseling and offer appropriate referrals as needed. Providers may refer a
			 client, with supervision or consultation, when in danger of harm by the client
			 or by another person with whom the client has a relationship
(20) Coverage: Addiction Counselors shall
			 make necessary coverage arrangements to accommodate interruptions such as
			 vacations, illness, or unexpected situation.
(21) Abandonment: Addiction Counselors shall
			 not abandon any client in treatment. Providers who anticipate termination or
			 interruption of services to clients shall notify each client promptly and seek
			 transfer, referral, or continuation of services in relation to each client's
			 needs and preferences.
(22) Fees:
			 Addiction Counselors shall ensure that all fees charged for services are fair,
			 reasonable, and commensurate with the services provided and with due regard for
			 clients' ability to pay.
(23)
			 Self-Referrals: Addiction Counselors shall not refer clients to their private
			 practice unless the policies, at the organization at the source of the
			 referral, allow for self-referrals. When self-referrals are not an option,
			 clients shall be informed of other appropriate referral resources.
(24) Commissions: Addiction Counselors shall
			 not offer or accept any commissions, rebates, kickbacks, bonuses, or any form
			 of remuneration for referral of a client for professional services, nor engage
			 in fee splitting.
(25) Enterprises:
			 Addiction Counselors shall not use relationships with clients to promote
			 personal gain or profit of any type of commercial enterprise.
(26) Bartering: Addiction Counselors can
			 engage in bartering for professional services if:
(a) the client requests it,
(b) the relationship is not exploitative,
(c) the professional relationship
			 is not distorted,
(d) federal and
			 state laws and rules allow for bartering, and
(e) a clear written contract is established
			 with agreement on value of item(s) bartered for and number of sessions, prior
			 to the onset of services. Providers consider the cultural implications of
			 bartering and discuss relevant concerns with clients. Agreements shall be
			 delineated in a written contract. Providers shall seek supervision or
			 consultation in regards to the bartering agreement and document that
			 interaction.
(27)
			 Uninvited Solicitation: Addiction Counselors shall not engage in uninvited
			 solicitation of potential clients who are vulnerable to undue influence,
			 manipulation, or coercion due to their circumstances.