Review of Arizona Board of Behavioral Health Actions: May 2023 (Ethics)
The clinician conducted individual and family counseling with a mother, father, and daughter, in which a conflict of interest arose.
The clinician conducted a number of sessions with the mother and father present, but unfortunately, collateral forms or family therapy consent forms were not used to clearly define the roles of the parents during therapy sessions. It's crucial to underscore the significance of these forms when family members are involved in sessions. Additionally, it's advisable to maintain separate files for each family member if therapy is being conducted with any of them. A number of sessions included the mother and father during sessions, but collateral forms or family therapy consent forms were not included to identify the roles of the parents during therapy sessions. It is important to ensure use of the visitor forms if family members will present during sessions. You will also want to create separate files for each family member if you are conducting therapy with any of the members.
The clinician wrote several letters and completed FMLA paperwork. The FMLA paperwork indicated that the mother would not be able to complete their job duties due to a physical disability. It is important to understand the limitations of our clinical roles.
According to the board: “Respondent extended her boundaries of competence by writing letters for clients offering varying opinions when as a licensed therapist Respondent is supposed to treat, diagnose, and evaluate rather than provide opinions.” This suggests that we should refrain entirely from offering written opinions unless we have highly specialized training.
The treatment plans were missing various pieces, including treatment methods, dated signatures, and dates to be reviewed. Please notice the emphasis on “treatment methods,” which I’ve noticed that sometimes clinicians do not specify in their plans.
This clinician was placed on a 12-month probation, required to complete various CE training courses, and fined $1000.
The clinician wrote a letter to the courts making specific recommendations for custody time with a parent. The clinician also completed FMLA paperwork that disabled a client.
The board appears pretty consistent that clinicians should not be offering specific opinions on legal matters. Additionally, clinicians should also not be providing opinions on disability matters. The latter is interesting since we do often receive such requests from the Social Security Administration. The board states: “Respondent feels it is within the scope of his license to provide opinions on parenting time and complete FMLA paperwork, when in fact the practice of professional counseling states a clinician is to assess, appraise, evaluate, diagnose, and treat clients.” Please keep this in mind as we frequently receive requests from clients to complete documentation on their behalf (this includes ESA letters, which the board has also indicated are outside our scope of practice). If these requests are made, it would be prudent to direct them to a medical professional.