251 CMR, § 1.10 - Ethical Standards and Professional Conduct
(1) The
Board adopts as its standard of conduct the Ethical Principles of
Psychologists and Code of Conduct of the American Psychological
Association, except as that code of ethics in any way deviates from the
provisions of 251 CMR 1.00 or M.G.L. c. 112, §§ 118 through
129A.
(2) The Board adopts as
official guides, to the extent that they are not inconsistent with the
Ethical Principles of Psychologists and Code of Conduct
referenced in 251 CMR 1.10(1), the following:
(a) The Casebook on Ethical Standards
of Psychologists published by the American Psychological
Association;
(b)
Guidelines
for Providers of Psychological Services to Ethnic, Linguistic, and Culturally
Diverse Populations published in 1990 by the American Psychological
Association; and
(c)
AIDS
Guidelines, a 1988 publication of the Inter-Agency Task Force on AIDS
Issues, convened by the Office of Consumer Affairs and including members from
18 boards of registration.
(3)
Fees. Predetermined fees may
be advertised for routine services such as:
(a) Diagnostic testing and/or
interviewing;
(b) Therapeutic,
supportive, or remedial interviews or sessions;
(c) Consultation;
(d) Research; and
(e) Specialized teaching in a field or
subject related to psychology.
All fees will be stated in terms of hourly amounts unless it is a reasonable or common practice to do otherwise, e.g., a fee for a diagnostic evaluation including the administration of a battery of tests; a per diem consulting fee.
A psychologist must specify with each potential patient or client which of the advertised services will be performed for that patient or client, and by whom. A psychologist must perform fully all advertised services at the amounts which they are advertised and must otherwise comply with all representations contained in any advertisement. A psychologist must maintain in a place of prominent display in his or her office the fee schedule appearing in his or her most recent advertisement. If because of unforeseen circumstances a psychologist cannot reasonably charge the advertised amount, the psychologist must so inform all parties directly involved and obtain their written consent prior to performing services at higher than the advertised amount.
(4)
Patient
Records.
(a) A psychologist shall
maintain a record for each patient or client which meets the standards of usual
and customary practice and which is adequate to enable the psychologist to
provide proper diagnosis and treatment. A psychologist must maintain a patient
or client's record for a minimum period of five years from the date of the last
patient or client's encounter and in a manner which permits the former patient
or client's or a successor psychologist access to it within the terms of 251
CMR 1.00. In the event that the patient or client is a minor, the psychologist
must maintain the patient or client's record for at least one year after the
patient or client has reached the age of majority as defined in M.G.L. c. 4,
§ 7, but in no event shall the record be retained for less than five
years.
(b) Except as otherwise
provided by law, a psychologist shall permit inspection of records maintained
for a patient or client by such patient or client or the authorized
representative of the patient or client, and upon request, shall make a copy of
such patient or client's record available to such patient or client or
representative. If, in the reasonable exercise of professional judgment a
psychologist believes that providing the entire record would adversely affect
the patient's well-being, the psychologist shall provide a summary of the
record to the patient. A psychologist must make the entire record available to
the patient's attorney or other psychotherapist designated by the patient, if
requested by the patient (M.G.L. c. 112, § 12CC).
(c) A psychologist may charge a reasonable
fee for the expense of providing the material described in 251 CMR 1.10(4)(b);
however, a psychologist may not require prior payment of the charges for such
psychological services as a condition for making records available.
(5) In matters pertaining to
boundaries and dual and/or sexual relationships, a psychologist's relationship
with a patient or client shall be presumed to extend a minimum of two years
from the date of the rendering of the last professional service within the
definition of the "practice of psychology" appearing in M.G.L. c. 112, §
118.
(6) In addition to acts
prohibited by the Ethical Principles of Psychologists and code of
Conduct referenced in 251 CMR 1.10(1); the ethical standards
referenced in 251 CMR 1.10(2); the provisions of 251 CMR 1.10(3) through (5);
and the prohibited acts listed in M.G.L. c. 112, §§ 61 and 128; the
following acts are deemed to be grounds for disciplinary action, pursuant to
M.G.L. c. 112, § 128:
(a) Use of a false
name or impersonating another practitioner.
(b) Use of status as a licensed psychologist
for purposes other than the practice of psychology.
(c) Jeopardizing the physical or emotional
security of a patient or client by engaging in inappropriate diagnostic or
treatment procedures, or by unauthorized disclosure or communication of
confidential information. This shall not be interpreted to mean that case
history material cannot be used for teaching or research purposes or in
textbooks or other literature, provided that proper precautions are taken to
conceal the identity of the individual or individuals involved.
(d) Giving or accepting commissions, rebates,
or any form of remuneration of a fee-splitting nature for professional
referrals. This does not include or refer to ordinary fees charged directly for
services rendered or for time spent in assisting the client or patient to
obtain or become knowledgeable about appropriate professional services,
schooling, training, or other specialized assistance.
(e) Failure, without cause, to cooperate with
any request by the Board to appear before it and/or provide it with
information.
(f) Sexual misconduct
with a patient or client. It shall be a ground for disciplinary action by the
Board, pursuant to M.G.L. c. 112, §§ 61 and 128, and the
Ethical Principles of Psychologists and Code of Conduct
referenced in
251
CMR 1.10(1), that a licensee
has engaged in sexual misconduct with a patient or client. In the conduct of
any investigation or administrative proceeding by the Board, pursuant to M.G.L.
c. 30A, where sexual misconduct by a licensee is alleged, the following
procedural rules shall govern the conduct of such investigation or proceeding:
1.
Consent Defense Not
Available. It shall not be a defense that the patient or client
consented to such conduct.
2.
Sexual Activity Not Admissible. Evidence of the sexual
activity of a patient or client, other than sexual activity with the licensee,
is not subject to subpoena or other form of discovery, and is not
admissible.
3.
Confidentiality of Proceedings. Reasonable steps shall
be taken to keep confidential the identity of the patient or client, including,
but not limited to, closing the hearing to the public during the testimony of
the patient or client.
(g) Having been disciplined in another
jurisdiction in any way by the proper licensing authority for reasons
substantially the same as those set forth in M.G.L. c. 112, §§ 61 and
128 or
251
CMR 1.10(6).
(7) In determining what
sanctions are appropriate regarding a disciplinary matter, the Board will
regard lack of adequate professional training and experience for the particular
conduct in question as prima facie evidence that the
unprofessional conduct was engaged in willfully, knowingly, or with gross
negligence, and that the conduct in question warrants revocation of the
psychologist's license. An application for licensure states the area or areas
of the applicant's competence. Applicants who assert competence in a new area
or areas shall furnish the Board with information sufficient to support the
assertion of competence in a new area. The training shall be in accordance with
the Policy on Training for Psychologists Wishing to Change Their
Specialty published by the American Psychological
Association.
(8) Notwithstanding
the grounds for discipline specified in
251
CMR 1.10, no licensee shall be subject to
discipline for providing or assisting in providing reproductive health care
services or gender-affirming health care services, as defined at M.G.L. c. 12,
§ 11I½, or for any conviction, judgment, discipline, or other
sanction arising from such health care services, so long as the services
provided would have been lawful in Massachusetts and are consistent with
standards for good professional practice in Massachusetts.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) The Board adopts as its standard of conduct the Ethical Principles of Psychologists and Code of Conduct of the American Psychological Association, except as that code of ethics in any way deviates from the provisions of 251 CMR 1.00 or M.G.L. c. 112, §§ 118 through 129A.
(2) The Board adopts as official guides, to the extent that they are not inconsistent with the Ethical Principles of Psychologists and Code of Conduct referenced in 251 CMR 1.10(1), the following:
(a) The Casebook on Ethical Standards of Psychologists published by the American Psychological Association;
(b) Guidelines for Providers of Psychological Services to Ethnic, Linguistic, and Culturally Diverse Populations published in 1990 by the American Psychological Association; and
(c) AIDS Guidelines, a 1988 publication of the Inter-Agency Task Force on AIDS Issues, convened by the Office of Consumer Affairs and including members from 18 boards of registration.
(3) Fees. Predetermined fees may be advertised for routine services such as:
(a) Diagnostic testing and/or interviewing;
(b) Therapeutic, supportive, or remedial interviews or sessions;
(c) Consultation;
(d) Research; and
(e) Specialized teaching in a field or subject related to psychology.
All fees will be stated in terms of hourly amounts unless it is a reasonable or common practice to do otherwise, e.g., a fee for a diagnostic evaluation including the administration of a battery of tests; a per diem consulting fee.
A psychologist must specify with each potential patient or client which of the advertised services will be performed for that patient or client, and by whom. A psychologist must perform fully all advertised services at the amounts which they are advertised and must otherwise comply with all representations contained in any advertisement. A psychologist must maintain in a place of prominent display in his or her office the fee schedule appearing in his or her most recent advertisement. If because of unforeseen circumstances a psychologist cannot reasonably charge the advertised amount, the psychologist must so inform all parties directly involved and obtain their written consent prior to performing services at higher than the advertised amount.
(4) Patient Records.
(a) A psychologist shall maintain a record for each patient or client which meets the standards of usual and customary practice and which is adequate to enable the psychologist to provide proper diagnosis and treatment. A psychologist must maintain a patient or client's record for a minimum period of five years from the date of the last patient or client's encounter and in a manner which permits the former patient or client's or a successor psychologist access to it within the terms of 251 CMR 1.00. In the event that the patient or client is a minor, the psychologist must maintain the patient or client's record for at least one year after the patient or client has reached the age of majority as defined in M.G.L. c. 4, § 7, but in no event shall the record be retained for less than five years.
(b) Except as otherwise provided by law, a psychologist shall permit inspection of records maintained for a patient or client by such patient or client or the authorized representative of the patient or client, and upon request, shall make a copy of such patient or client's record available to such patient or client or representative. If, in the reasonable exercise of professional judgment a psychologist believes that providing the entire record would adversely affect the patient's well-being, the psychologist shall provide a summary of the record to the patient. A psychologist must make the entire record available to the patient's attorney or other psychotherapist designated by the patient, if requested by the patient (M.G.L. c. 112, § 12CC).
(c) A psychologist may charge a reasonable fee for the expense of providing the material described in 251 CMR 1.10(4)(b); however, a psychologist may not require prior payment of the charges for such psychological services as a condition for making records available.
(5) In matters pertaining to boundaries and dual and/or sexual relationships, a psychologist's relationship with a patient or client shall be presumed to extend a minimum of two years from the date of the rendering of the last professional service within the definition of the "practice of psychology" appearing in M.G.L. c. 112, § 118.
(6) In addition to acts prohibited by the Ethical Principles of Psychologists and code of Conduct referenced in 251 CMR 1.10(1); the ethical standards referenced in 251 CMR 1.10(2); the provisions of 251 CMR 1.10(3) through (5); and the prohibited acts listed in M.G.L. c. 112, §§ 61 and 128; the following acts are deemed to be grounds for disciplinary action, pursuant to M.G.L. c. 112, § 128:
(a) Use of a false name or impersonating another practitioner.
(b) Use of status as a licensed psychologist for purposes other than the practice of psychology.
(c) Jeopardizing the physical or emotional security of a patient or client by engaging in inappropriate diagnostic or treatment procedures, or by unauthorized disclosure or communication of confidential information. This shall not be interpreted to mean that case history material cannot be used for teaching or research purposes or in textbooks or other literature, provided that proper precautions are taken to conceal the identity of the individual or individuals involved.
(d) Giving or accepting commissions, rebates, or any form of remuneration of a fee-splitting nature for professional referrals. This does not include or refer to ordinary fees charged directly for services rendered or for time spent in assisting the client or patient to obtain or become knowledgeable about appropriate professional services, schooling, training, or other specialized assistance.
(e) Failure, without cause, to cooperate with any request by the Board to appear before it and/or provide it with information.
(f) Sexual misconduct with a patient or client. It shall be a ground for disciplinary action by the Board, pursuant to M.G.L. c. 112, §§ 61 and 128, and the Ethical Principles of Psychologists and Code of Conduct referenced in 251 CMR 1.10(1), that a licensee has engaged in sexual misconduct with a patient or client. In the conduct of any investigation or administrative proceeding by the Board, pursuant to M.G.L. c. 30A, where sexual misconduct by a licensee is alleged, the following procedural rules shall govern the conduct of such investigation or proceeding:
1. Consent Defense Not Available. It shall not be a defense that the patient or client consented to such conduct.
2. Sexual Activity Not Admissible. Evidence of the sexual activity of a patient or client, other than sexual activity with the licensee, is not subject to subpoena or other form of discovery, and is not admissible.
3. Confidentiality of Proceedings. Reasonable steps shall be taken to keep confidential the identity of the patient or client, including, but not limited to, closing the hearing to the public during the testimony of the patient or client.
(g) Having been disciplined in another jurisdiction in any way by the proper licensing authority for reasons substantially the same as those set forth in M.G.L. c. 112, §§ 61 and 128 or 251 CMR 1.10(6).
(7) In determining what sanctions are appropriate regarding a disciplinary matter, the Board will regard lack of adequate professional training and experience for the particular conduct in question as prima facie evidence that the unprofessional conduct was engaged in willfully, knowingly, or with gross negligence, and that the conduct in question warrants revocation of the psychologist's license. An application for licensure states the area or areas of the applicant's competence. Applicants who assert competence in a new area or areas shall furnish the Board with information sufficient to support the assertion of competence in a new area. The training shall be in accordance with the Policy on Training for Psychologists Wishing to Change Their Specialty published by the American Psychological Association.
(8) Notwithstanding the grounds for discipline specified in 251 CMR 1.10, no licensee shall be subject to discipline for providing or assisting in providing reproductive health care services or gender-affirming health care services, as defined at M.G.L. c. 12, § 11FA, or for any conviction, judgment, discipline, or other sanction arising from such health care services, so long as the services provided would have been lawful in Massachusetts and are consistent with standards for good professional practice in Massachusetts.