| (a) Regardless of setting, a licensee must provide
counseling only in the context of a professional relationship. Prior
to providing services, a licensee must obtain from an individual a
signed informed consent, signed written receipt of information, or
in the case of involuntary treatment a copy of the appropriate court
order, including the following:
(1) fees and arrangements for payment;
(2) counseling purposes, goals, and techniques;
(3) any restrictions placed on the license by the Council;
(4) the limits on confidentiality;
(5) any intent of the licensee to use another individual
to provide counseling treatment intervention to the client;
(6) supervision of the licensee by another licensed
health care professional including the name, address, contact information
and qualifications of the supervisor;
(7) the name, address and telephone number of the Council
for the purpose of reporting violations of the Act or this chapter;
and
(8) the established plan for the custody and control
of the client's mental health records in the event of the licensee's
death or incapacity, or the termination of the licensee's counseling
practice.
(b) A licensee must inform the client in writing of
any changes to the items in subsection (a) of this section, prior
to initiating the change.
(c) Prior to the commencement of counseling services
to a minor client who is named in a custody agreement or court order,
a licensee must obtain and review a current copy of the custody agreement
or court order, as well as any applicable part of the divorce decree.
A licensee must maintain these documents in the client's record and
abide by the documents at all times. When federal or state statutes
provide an exemption to secure consent of a parent or guardian prior
to providing services to a minor, a licensee must follow the protocol
set forth in such federal or state statutes.
(d) A licensee acting within the scope of employment
with an agency or institution is not required to obtain a signed informed
consent, but must document, in writing, that the licensee informed
the client of the information required by subsection (a) of this section
and that the client consented.
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