# COMAR Title 10 — Maryland Department of Health

## Subtitle 58 — Board of Professional Counselors and Therapists

### Chapter 03 — Code of Ethics

#### Regulation .05 The Counseling Relationship.

*COMAR 10.58.03.05*

A. Client Welfare and Rights.

  (1) A counselor shall:

    (a) Inform clients of the purposes, goals, techniques, procedures, limitations, potential risks, and benefits of services to be performed;

    (b) Explain to clients the implications of diagnosis, the intended use of tests and reports, fees, and billing arrangements;

    (c) Document attempts to inform other professional persons concurrently providing mental health services to a client;

    (d) Assist clients in making appropriate arrangements for the continuation of treatment due to interruptions including but not limited to vacations and extended illness; and

    (e) Make appropriate referrals.

  (2) A counselor may not:

    (a) Place or participate in placing clients in positions that may result in damaging the interests and the welfare of clients, employees, employers, or the public;

    (b) Condone or engage in discrimination based on age, color, culture, disability, ethnic group, gender, race, religion, sexual orientation, marital status, or socioeconomic status;

    (c) Abandon or neglect clients in counseling; or

    (d) Foster dependent counseling relationships.

B. Dual Relationships.

  (1) A counselor shall:

    (a) Avoid dual relationships with clients; and

    (b) Take appropriate measures, including but not limited to, informed consent, consultation, supervision, and documentation to ensure that judgment is not impaired and no exploitation occurs if a dual relationship cannot be avoided.

  (2) A counselor may not:

    (a) Exploit trust and dependency in relationships with supervisees, employees, research participants, students, or volunteers; or

    (b) Accept as clients superiors or subordinates with whom a counselor has administrative, supervisory, or evaluative relationships.

C. Multiple Clients.

  (1) A counselor shall clarify the unit of treatment in a counselor's written records as:

    (a) Individual;

    (b) Couple;

    (c) Family;

    (d) Group; or

    (e) Any combination of §C(1)(a)—(d) of this regulation.

  (2) A counselor shall identify in the written records individuals present in sessions, but not a part of the unit of treatment.

  (3) A counselor shall communicate limitations on confidentiality to all clients.

D. Termination and Referral.

  (1) Termination may occur if:

    (a) Services are no longer requested by a client;

    (b) Counseling no longer serves a client's needs or interests;

    (c) A counselor is unable to competently and ethically perform duties;

    (d) A client does not pay the fees charged; or

    (e) Agency or institution limits do not allow further counseling services.

  (2) A counselor may terminate a counseling relationship only after:

    (a) Securing a client's agreement; or

    (b) If a client does not agree to termination, offering an appropriate referral.