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:
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:
(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:
(b) Intern; or
(c) Employee; or
(6) Not engage in sexual intimacy or contact with a:
(a) Student or intern; or
(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:
(b) Experience; or
(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.)