Chapter 05. Code of Ethics and Professional Conduct

“Board” means the Maryland Board of Examiners of Psychologists.

“Client” means the individual, couple, family, group, business, agency, school, organization, or association that the psychologist or psychology associate provides, or has provided, with professional services.

“Multiple relationship” means a relationship in which an individual is concurrently participating in two or more roles with another.

“Psychologist” means an individual who is licensed by the Board to practice psychology.

“Psychology associate” means an individual who is registered by the Board to practice psychology under the supervision of a psychologist.

“Public statement” means any oral, printed, or electronic communication or announcement made by or on behalf of a psychologist, psychology associate, or applicant, and directed to another individual or group.

“Sexual intimacies” means acts engaged in with or without clothing involving:

A psychologist shall be fully responsible for the psychologist’s professional decisions and professional actions;

A psychologist and psychology associate shall be jointly responsible for the psychology associate’s professional decisions and professional actions.

A psychologist or psychology associate shall:

A psychologist or psychology associate may not:

Be responsible for the actions of those the psychologist supervises; and

Ensure that those the psychologist employs act in accordance with the Maryland Psychologists Act and the provisions of this chapter.

Respect the dignity and protect the welfare of research subjects, and comply with all relevant statutes, regulations, and institutional and administrative rules concerning treatment of research subjects;

Take responsibility for the ethical treatment of research participants by collaborators, supervisees, and employees;

Acquire, care for, use and dispose of animals in compliance with laws, regulations, and applicable professional standards;

Ensure appropriate consideration of the comfort, health and humane treatment of animals used in research;

Make clear, either as a researcher or a writer, the nature of the participation, as well as the costs and the psychologist's obligations to be accepted by research participants;

Obtain required approval from host institutions before conducting research; and

Report research findings accurately, presenting only the psychologist’s or psychology associate’s work or making appropriate citations when needed.

Subject matter to be covered;

Nature of course experiences; and

Basis for evaluating performance.

Limit practice to the areas of competence by which proficiency has been gained through education, training, and experience;

Acquire the special education and training needed to address the cultural differences of special populations;

Avoid unfair discrimination based on age, gender, race, ethnicity, culture, national origin, disability, socioeconomic status, or other basis proscribed by law;

Use interventions and assessment techniques only when the psychologist or psychology associate knows that the circumstances are appropriate applications of those interventions and techniques, supported by reliability, validation, standardization, and outcome studies;

Maintain competence by meeting the requirements of continuing education as set forth in COMAR 10.36.02;

Engage in ongoing consultation with other psychologists, psychology associates, or relevant professionals and seek appropriate education, training, and experience, when developing competence in a new service or technique; and

Document and maintain appropriate records of professional and scientific work.

A psychologist or psychology associate shall:

A psychologist or psychology associate may not:

A psychologist or psychology associate shall:

A psychologist or psychology associate may not:

In general:

In research, make clear to the client:

In therapeutic relationships, explain to the client:

Make advance financial arrangements that are clearly understood by the client;

Inform the client about the possibility of initiating a collection procedure before using that procedure;

Comply with the provisions regarding patient referrals contained in Health Occupations Article, §§1-301 — 1-306, Annotated Code of Maryland;

Make full disclosure in advance to the client of any remuneration given or received for making or accepting referrals; and

Refrain from signing statements for insurance purposes as though the psychologist or psychology associate provided a service that was actually provided by someone else.

Perform evaluations and diagnostic services in a professional relationship when assessment data is indicated by the professional context;

Administer psychological tests in keeping with accepted standards of practice and avoid use of obsolete measurement techniques;

Use appropriate or specialized assessment instruments when working with individuals from special populations;

Use appropriate scoring devices, norms, and standards in evaluating test protocols;

Select scoring and interpretive programs and services on the basis of evidence of the validity of the programs and procedures;

Report the results of assessment procedures by:

Base recommendations or decisions on test results that are reasonably current and not obsolete;

Supply a manual or other printed material which fully describes the development of the assessment procedure or service, the rationale, evidence of validity and reliability, and characteristics of the normative population when offering an assessment procedure or automated interpretation service to other professionals; and

Release test results only to patients and clients as appropriate.

Release test protocols or raw data to persons who are not qualified to interpret and use the information appropriately, except as required by law;

Encourage or promote the use of psychological assessment techniques or computerized assessment and interpretation by unqualified persons; or

Reproduce test materials or describe psychological tests or other assessment devices in popular publications, lectures, or public presentation in ways that might compromise their validity.

Take appropriate steps to disclose to all involved parties conflicts of interest that arise, with respect to a psychologist’s or psychology associate’s clients, in a manner that is consistent with applicable confidentiality requirements; and

Make arrangements for another appropriate professional to deal with emergency needs of the psychologist’s or psychology associate’s clients as appropriate, during periods of anticipated absences from professional availability.

Exploit or harm clients, colleagues, students, research participants, or others;

Take actions that violate or diminish the legal and civil rights of clients or of others who may be affected by the action;

Exploit the trust and dependency of clients, students, and subordinates;

Allow personal, social, religious, organizational, financial, or political situations and pressures to lead to a misuse of their influence; or

Enter into a new nonpsychological, nonprofessional relationship with a former client that is considered exploitative dependent on, but not limited to:

Engage in sexual intimacies with a current client;

Engage in sexual intimacies with a former client:

Engage in sexual intimacies with individuals known to be the parents, guardians, spouses, domestic partners, sexual partners, children, or siblings of the client or for at least 2 years after cessation or termination of professional services;

Terminate a professional relationship with a client for the purpose of engaging in sexual intimacies with one of the individuals set forth in §C(3) of this regulation;

Engage in sexual behavior with a client in the context of a professional evaluation, treatment, procedure, or service to the client, regardless of the setting in which the professional service is rendered; or

Engage in sexual behavior with a client under the pretext of diagnostic or therapeutic intent or benefit.

Engage in sexual solicitation, physical advances, or verbal or nonverbal conduct that is sexual in nature, which behavior occurs in connection with the psychologist’s or psychology associate’s professional role;

Engage in sexual harassment of the psychologist’s or psychology associate’s past or present clients, supervisees, research participants, or employees, with deliberate or repeated comments, gestures, or physical contacts of a sexual nature; or

Create a hostile workplace or educational environment by unwelcome and offensive behaviors that are sufficiently severe or intense to be abusive of a reasonable individual in that environment whether it consists of a single act or of multiple persistent or pervasive acts.

Provide psychological services for minor children or for adults who have legal guardians only with appropriate authorization; and

Take special care to protect the interests of minors or clients who are unable to give voluntary, informed consent.

Make or recommend referral to other professional, technical, or administrative resources if the referral is clearly in the best interest of the client; and

Unless precluded by the actions of the client, terminate the professional relationship in an appropriate manner, notify the client in writing of this termination, and assist the client in obtaining services from another professional, if:

Maintain confidentiality regarding information obtained from a client in the course of the psychologist’s or psychology associate’s work;

Discuss the requirements and limitations of confidentiality at the beginning of the professional relationship or at the intake interview;

Safeguard information obtained in clinical or consulting relationships or evaluative data concerning children, students, employees, and others obtained in the course of practice, teaching, research, or other professional services;

Release mental health records or other confidential information only as permitted or required by law;

Obtain written permission for the electronic recording of interviews;

Avoid undue invasion of privacy by ensuring that written and oral reports contain only data relevant to the purpose of the evaluation;

Treat any assessment result or interpretation regarding an individual as confidential information; and

Obtain informed written consent before presenting in writing, lecture, or other public forums identifying information obtained during the course of professional work, and disguise this information when case reports or other confidential information are used as a basis for teaching or research.

Clients of the legal and ethical limits of confidentiality;

Clients below the age of minority, or who have legal guardians, of the limits the law imposes on the right of confidentiality with respect to communications with the psychologist or psychology associate, to the extent that the client can understand, at the beginning of the professional relationship;

Research participants of any limits to confidentiality as part of the informed consent; and

Clients of the duty imposed by law to inform authorities of abuse and neglect of children and vulnerable adults.

Keep records of a patient's condition and assessment results;

Maintain clinical records of informed consent, presenting problems, diagnosis, fee arrangements, dates and substance of each billed service, original test data with results and other evaluative material, and the results of any formal consultations with other professionals;

Make provisions for maintaining confidentiality in the storage and disposal of written and electronic records;

Ensure that professional records are maintained for a period consistent with State and federal laws;

Limit access to client records and ensure that a person working under the psychologist’s or psychology associate’s authority including, but not limited to office personnel, comply with the requirements for confidentiality of client material; and

Provide evaluations or treatment reports within a reasonable time consistent with State and federal laws on proper and lawful requests by a client, insurance carrier, court, institution, or other authorized health provider.