201 KAR 34:040. Code of ethics.

      RELATES TO: KRS 309.1315(14)

      STATUTORY AUTHORITY: KRS 309.1315(1), (14)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 309.1315(14) requires the board to promulgate a code of ethics for licensed professional art therapists. This administrative regulation establishes the required code of ethics.

      Section 1. Responsibility to Patients. (1) A licensed professional art therapist shall:

      (a) Advance and protect the welfare of the patient;

      (b) Respect the rights of a person seeking assistance;

      (c) Make reasonable efforts to ensure that services are used appropriately; and

      (d) Display a copy of his or her license in the principle place of business.

      (2) A licensed professional art therapist shall not:

      (a) Discriminate against or refuse professional service to anyone on the basis of:

      1. Race;

      2. Gender;

      3. Religion; or

      4. National origin;

      (b) Exploit the trust and dependency of a patient;

      (c) Engage in a dual relationship with a patient, including a social, business, or personal relationship that may:

      1. Impair professional judgment;

      2. Incur a risk of exploitation of the patient; or

      3. Otherwise violate a provision of this administrative regulation.

      If a dual relationship cannot be avoided, and does not impair professional judgment, incur a risk of exploitation of the patient, or otherwise violate a provision of this administrative regulation, a therapist shall take appropriate professional precautions to ensure that judgment is not impaired and exploitation of the patient does not occur.

      (d) Engage in a sexual relationship with a current patient or with a former patient for two (2) years following the termination of therapy;

      (e) Use the professional relationship with a patient to further personal interests;

      (f) Continue therapeutic relationships unless it is reasonably clear that the patient is benefiting from the relationship;

      (g) Fail to assist a person in obtaining other therapeutic services if the therapist is unable or unwilling, for appropriate reasons, to provide professional help;

      (h) Abandon or neglect a patient in treatment without making reasonable arrangements for the continuation of treatment;

      (i) Videotape, record, or permit third-party observation of therapy sessions without having first obtained written informed consent from the patient;

      (j) Engage in sexual or other harassment or exploitation of a patient, student, trainee, supervisee, employee, colleague, research subject, or actual or potential witness or complainant in investigations and ethical proceedings; or

      (k) Diagnose, treat, or advise on problems outside the recognized boundaries of competence.

      Section 2. Confidentiality. (1) A licensed professional art therapist shall respect and guard the confidences of each individual patient.

      (2) A licensed professional art therapist shall not disclose a patient confidence except:

      (a) As mandated, or permitted by law;

      (b) To prevent a clear and immediate danger to a person;

      (c) During the course of a civil, criminal, or disciplinary action arising from the therapy at which the licensed professional art therapist is a defendant; or

      (d) In accordance with the terms of a written informed consent agreement.

      (3) A licensed professional art therapist may use patient or clinical materials in teaching, writing, and public presentations if:

      (a) Written informed consent has been obtained in accordance with subsection (1)(d) of this section; or

      (b) Appropriate steps have been taken to protect patient identity and confidentiality.

      (4) A licensed professional art therapist shall store or dispose of patient records so as to maintain confidentiality.

      Section 3. Public Use and Reproduction of Patient Art Expression and Therapy Sessions. (1) A licensed professional art therapist shall obtain written informed consent from the patient or a legal guardian, if applicable, before:

      (a) Photographing or videotaping a patient's art expression;

      (b) Making an audio recording of an art therapy session;

      (c) Permitting third-party observation of an art therapy session; or

      (d) Duplication of an art therapy session in any matter.

      (2) A licensed professional art therapist shall not use clinical materials in teaching, writing and public presentations unless written informed consent has been previously obtained from the patient or, if applicable, a legal guardian. Appropriate steps shall be taken to protect patient identity and disguise any part of the art expression or video tape, which reveals patient identity.

      (3) A licensed professional art therapist shall obtain written, informed consent from a patient or legal guardian, if applicable, before displaying the patient's art in a:

      (a) Gallery;

      (b) Mental health facility;

      (c) School; or

      (d) Another public place.

      (4) A licensed professional art therapist shall display a patient's art expression in an appropriate and dignified manner.

      Section 4. Professional Competence and Integrity. A licensed professional art therapist shall maintain standards of professional competence and integrity and shall be subject to disciplinary action for:

      (1) Misrepresentation or concealment of a material fact in obtaining or seeking reinstatement of a license;

      (2) Refusing to comply with an order issued by the board; or

      (3) Failing to cooperate with the board by not:

      (a) Furnishing in writing a complete explanation to a complaint filed with the board;

      (b) Appearing before the board at the time and place designated; or

      (c) Properly responding to a subpoena issued by the board.

      Section 5. Responsibility to a Student, Intern, or Supervisee. A licensed professional art therapist shall:

      (1) Be aware of his or her influential position with respect to a student, intern, or supervisee;

      (2) Avoid exploiting the trust and dependency of a student or supervisee;

      (3) Try to avoid a social, business, personal, or other dual relationship that could:

      (a) Impair professional judgment; and

      (b) Increase the risk of exploitation;

      (4) Take appropriate precautions to ensure that judgment is not impaired and to prevent exploitation if a dual relationship cannot be avoided;

      (5) Not provide therapy to a:

      (a) Student;

      (b) Intern; or

      (c) Employee; or

      (c) Supervisee;

      (6) Not engage in sexual intimacy or contact with a:

      (a) Student or intern; or

      (b) Supervisee;

      (7) Not permit a student, intern, or supervisee to perform or represent himself or herself as competent to perform a professional service beyond his or her level of:

      (a) Training;

      (b) Experience; or

      (c) Competence;

      (8) Not disclose the confidence of a student, intern, or supervisee unless:

      (a) Permitted or mandated by law;

      (b) It is necessary to prevent a clear and immediate danger to a person;

      (c) During the course of a civil, criminal, or disciplinary action arising from the supervision, at which the licensed professional art therapist is a defendant;

      (d) In an educational or training setting, of which there are multiple supervisors or professional colleagues who share responsibility for the training of the supervisee; or

      (e) In accordance with the terms of a written informed consent agreement. (25 Ky.R. 476; Am. 826; eff. 10-12-1998; 36 Ky.R. 645; 1020; eff. 12-4-2009.)