| (a) A licensee must not engage in activities for the
licensee's personal gain at the expense of a client.
(b) A licensee may promote the licensee's personal
or business activities to a client if such activities, services or
products are to facilitate the counseling process or help achieve
the client's counseling goals. Prior to engaging in any such activities,
services or product sales with the client, the licensee must first
inform the client of the licensee's personal and/or business interest
therein. A licensee must not exert undue influence in promoting such
activities, services or products.
(c) A licensee must set and maintain professional boundaries.
(d) Except as provided by this subchapter, non-therapeutic
relationships with clients are prohibited.
(1) A non-therapeutic relationship is any non-counseling
activity initiated by either the licensee or client that results in
a relationship unrelated to therapy.
(2) A licensee may not engage in a non-therapeutic
relationship with a client if the relationship begins less than two
(2) years after the end of the counseling relationship.
(3) A licensee may not engage in a romantic relationship
or sexual contact with a client within five (5) years after the end
of the counseling relationship.
(4) For purposes of paragraphs (2) and (3) of this
subsection, the licensee must be able to demonstrate the relationship
was consensual, not the result of exploitation by or on the part of
the licensee, and that the non-therapeutic relationship is not detrimental
to the client in light of all relevant factors, including, but not
limited to, the factors set forth in §681.42(b)(4)(A) - (G) of
this title (relating to Sexual Misconduct).
(5) The licensee must not provide counseling services
to previous or current:
(A) family members;
(B) personal friends;
(C) educational associates; or
(D) business associates.
(6) The licensee must not give or accept a gift from
a client or a relative of a client valued at more than $50, borrow
or lend money or items of value to clients or relatives of clients,
or accept payment in the form of goods or services rendered by a client
or relative of a client.
(7) The licensee must not enter into a non-professional
relationship with a client's family member or any person having a
personal or professional relationship with a client if the licensee
knows or reasonably should have known such a relationship could be
detrimental to the client.
(e) The licensee must not knowingly offer or provide
counseling to an individual concurrently receiving counseling treatment
intervention from another mental health services provider except with
that provider's knowledge. If a licensee learns of such concurrent
therapy, the licensee must request release from the client to inform
the other professional and strive to establish positive and collaborative
professional relationships.
(f) A licensee must terminate a professional counseling
relationship when it is reasonably clear the client is not benefiting
from the relationship.
(g) Upon termination of a relationship if professional
counseling is still necessary, the licensee must take reasonable steps
to facilitate the transfer to appropriate care.
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