Ethics/Practice FAQs

Yes. Please update the Council with any changes to contact information so that you can be sure to receive any notices related to license renewals or complaints.

To avoid your license going delinquent or expired, please notify the Council when you wish to retire your license. You can also use the How-To Guide for requesting retired status.

Licensees may not use a professional or business name that tends to mislead the public, misrepresent the nature of the services offered, or otherwise engage in fraudulent communication.

The Council does license entities, only individuals, so the Council does not restrict the form of business entity a licensee may create, nor is prior authorization or approval by the Council required to create a business entity. Licensees are encouraged to seek legal counsel when determining the appropriate business entity to form.

No, prior permission or approval is not required from the Council before forming a business entity.

No. Council staff may not provide any legal advice or guidance regarding your business filings.

Some supervised licensees, such as an LPC associate or MFT associate, are allowed to own and operate their own practices. Others, such as psychological associates or bachelor and masters social workers, cannot operate an independent practice until they obtain independent practice status. Check with your board’s specific practice rules. All licensees required to be under supervision must have their practice properly supervised regardless of whether they operate “independently.”

No, Council staff have no role in insurance panels or similar processes.

The Council does not place any restrictions on the medium or method of advertising a licensee chooses to use. However, advertisements and other communications must not contain deceptive, inaccurate, false, misleading, incomplete, out-of-date, or out-of-context information.

If both parents have full custodial rights, either parent is allowed to consent to treatment for their child, individually. However, if the licensee learns or has reason to suspect those parental rights have been altered, such as by a court order or divorce decree, the licensee must get consent for treatment that is consistent with those legally modified rights.

Licensees are expected to inquire about parental status when initiating services with a minor client, but may reasonably rely on one parent’s claim of parental authority in the absence of any other evidence to suggest differently. However, if a nonparent initiates the services or if the licensee learns from the parent or child that a change in legal relationship has occurred, the licensee must then obtain the relevant legal documents, i.e. divorce degree or court order, that may alter the right to consent to services.

You do not need to get an additional informed consent if the services you provide are exclusively through your employment at the school/hospital/agency - the general informed consents from the entities will typically comply with agency rules. However, if the nature of your professional relationship with the client changes, such as continued services through a private setting, you must obtain a new informed consent. Additionally, there are some caveats to the use of general informed consents depending on the setting, type of service provided, and license type providing services. For example, if a school psychologist is providing special education services then the school’s informed consent that complies with federal education law requirements is sufficient, but if the school psychologist provides services not pertaining to special education services then a separate informed consent will most likely be required. It is important for licensees to review their Board’s specific informed consent rules.

Client records must be kept for seven years after services are terminated, or until a minor client turns 23 years old (whichever is greater).

The answer depends on the contractual agreement with the practice/agency, and should be clarified upon the start of employment. If offering services as part of the practice/agency, it is likely that the client records will be kept and controlled by the practice/agency. If providing services as a truly independent contractor, with discretion regarding soliciting clients and managing an individual practice, then it is likely the client records will be the responsibility of the licensee.

As discussed in the FAQ answer above, the retention of client records should have been established and clarified upon the start of employment. If it was not and the licensee is providing services through a practice/agency that manages client solicitation, billings, and record keeping, it is likely that the client will be considered a client of the practice/agency, not the individual licensee. In that case, the client records should remain with the practice/agency. The client will have the authority to continue services at the practice/agency or to request a copy of their records and bring them to the original licensee or another provider.

Council staff cannot provide legal or ethical advice beyond an explanation of the applicable board rules. We strongly encourage licensees to reach out to fellow practitioners to discuss difficult ethical situations or to seek legal counsel when appropriate.

Council staff cannot pre-evaluate or determine whether an individual situation may or may not be the subject of a complaint and disciplinary action.

The Council must investigate any complaint that it receives that has potentially meritorious claims. There is no guaranteed way to prevent someone from filing a complaint.

A dual relationship exists when the licensee and an individual have both a professional relationship related to the Council license and a non-professional relationship. Non-professional relationships include, but are not limited to, personal friendships, social activities, family relationships, or sexual relationships. A dual relationship may also include a second professional relationship, such as a business or financial interaction, that is unrelated to the license. Changing the setting or type of professional services provided to a client does not necessarily create a dual relationship, unless the fundamental client relationship changes, such as shifting from a forensic evaluation to providing therapeutic services.

Accordion Sample Description

Yes. Licensees are allowed to offer any services or maintain a business, if allowed by law, separate from their professional licensed activity. However, licensees must be careful to separate any unlicensed practice, such as life coaching, from their licensed professional practice to avoid the creation of dual relationships or conflicts of interest. Any conduct or statement that falls within the scope of a Council license will be considered to be done under the authority of that license unless it is clear that no professional relationship exists. Licensees wishing to offer life coaching services should: - clearly and unequivocally disclaim acting under the authority of their license prior to providing life coaching, - get written acknowledgement and consent from clients that no professional services will be provided under the authority of their Council license, and - do not otherwise engage, at any time, in the scope of practice of their license in relation to client.

Yes, but the licensee must take steps to ensure no dual relationship or conflict of interest exists. Purchase of materials should never been explicitly or implicitly required as part of the therapeutic relationship, unless specifically agreed to as part of the initiation of the professional relationship and when such materials are clinically appropriate for the client. When offering services or selling items related to the initial therapeutic services the licensee must disclose any ownership interest in those ancillary products and services.