068-15 Wyo. Code R. §§ 15-3 - Rules of Conduct

(a) Competence.

(i) Psychologists shall limit practice and supervision to their areas of competence in which they have gained proficiency through education, training, and experience.

(ii) Psychologists shall maintain competency in the areas in which they practice through continuing professional development, consultation, or other procedures, conforming with current standards of scientific and professional knowledge and the Board's rules.

(iii) Psychologists shall accurately represent their areas of competence, education, training, experience, and professional affiliations.

(iv) When developing competency in a service or technique, psychologists shall seek appropriate education and training in the new area and consult with other psychologists or relevant professionals. Psychologists shall inform clients when they are engaging in an innovative service and the known risks associated with such services.

(v) Psychologists shall recommend or refer clients to other professional, technical, or administrative resources when referral is clearly in the best interests of the client.

(vi) A psychologist shall not render a formal professional opinion about a person without direct and substantial professional contact with, or a formal assessment of, that person.

(vii) Psychologists shall maintain and retain records according to the following principles:

(A) Psychologists that render professional services to individual clients or dependents, or bill services to a third-party pay or, shall maintain professional records that include:

(I) The name of the client and other pertinent identifying information;

(II) The presenting problems or reasons for providing services or diagnosis;

(III) The fee arrangement;

(IV) The date and substance of each billed or service-count contractor service;

(V) Any test results or other evaluative results and any basic test data from which test results were derived;

(VI) Notation and results of formal consultations with other providers;

(VII) Any communications through any medium;

(VIII) A copy of all testing or other evaluative reports the psychologist prepared as part of the professional relationship.

(B) Psychologists shall maintain all data entries in professional records for not less than five years after the last date that service was rendered or the records were accessed, whichever is later, or for a longer period if required by law. This includes any releases the client executes to meet the requirements of this rule.

(C) If a psychologist provides psychological services to minors, the psychologist shall maintain those records at least until the minor reaches the age of majority plus five years, or for a longer period if required by law.

(D) Psychologists shall store and dispose of records, regardless of their format or the media in which they are maintained, in such a manner as to ensure they remain confidential.

(I) Psychologists shall retain documentation of any records that are destroyed.

(II) Psychologists shall maintain the confidentiality of all records in their possession or under their control, except as otherwise provided by law or pursuant to a client's specific written or signed authorization to release the record.

(E) Psychologists shall provide for the confidential disposition of records in compliance with these rules in the event of the psychologist's retirement, incapacity, or death.

(F) Psychologists shall maintain records that shall include the type, place, and general content of supervision sessions for each person they professionally supervise for not less than five years after the last date of supervision.

(viii) Psychologists shall make arrangements for another appropriate professional or professionals to meet the emergency needs of their clients, as appropriate, during periods of their foreseeable unavailability.

(ix) Psychologists shall exercise appropriate supervision over supervisees, as set forth in Chapter 12 of these rules.

(x) Psychologists shall not delegate professional responsibilities to a person not appropriately licensed or otherwise qualified to provide such services.

(b) Multiple relationships.

(i) For purposes of these rules, "multiple relationship" means a psychologist's previous or previous familial, social, emotional, financial, supervisory, political, administrative, or legal relationship with a client or a relevant person associated with or related to the client.

(ii) Psychologists shall take reasonable steps to ensure that if a multiple relationship occurs, it is not exploitative of a client or a relevant person associated with or related to the client.

(iii) A multiple relationship that is exploitative of a client or a relevant person associated with or related to the client is prohibited.

(iv) A multiple relationship that would not reasonably be expected to impair a psychologist's judgment or objectivity or risk harm to a client or relevant person associated with related to the client are not prohibited.

(c) Sexual relationships.

(i) Psychologists shall not terminate professional relationships to circumvent these rules.

(ii) Psychologists shall not engage in sexual intimacies of any kind with current clients.

(iii) Psychologists shall not engage in sexual intimacies of any kind with individuals they know to be close relatives of a current client or guardians of a current client or with any other person who has a significant relationship with a current client.

(iv) Psychologists shall not accept as clients any person with whom they have engaged in sexual intimacies of any kind.

(v) For two years after the last date psychologists provided psychological services of any kind to a client, psychologists shall not engage in sexual intimacies of any kind with former clients.

(vi) For two years after the last date psychologists provided psychological services to a client, psychologists shall not engage in sexual intimacies of any kind with individuals they know to be close relatives of a former client, guardians of a former client, or anyone else who has had a significant relationship with a former client, including, but not limited to, performing an assessment or rendering counseling, psychotherapeutic, or other professional psychological services.

(vii) The prohibitions set out in subsections (v) and (vi) of these rules shall extend indefinitely if the client is vulnerable, by reason of an emotional or cognitive disorder, to exploitation or influence by the psychologist.

(viii) Psychologists shall not engage in sexual intimacies of any kind with any student, trainee, intern, or resident for whom the psychologist has, or is likely to have, evaluative authority.

(d) Impairment. Psychologists shall not undertake or continue a professional relationship with a client when the psychologist is, or the board could reasonably expect the psychologist to be, impaired due to mental, emotional, cognitive, psychological, pharmacological, substance abuse, or induced conditions. If such a condition develops after a psychologist initiates a professional relationship, the psychologist shall terminate the relationship in an appropriate manner, notify the client in writing of the termination, and assist the client in obtaining services from another professional.

(e) Client welfare.

(i) Psychologists shall obtain informed consent from clients prior to providing psychological services.

(A) Psychologists shall give a truthful, understandable, and appropriate account of the client's condition to the client or to those responsible for the client's care.

(B) Psychologists shall keep the client fully informed as to the purpose and nature of any evaluation, treatment, or other procedures, and of the client's right to freely choose regarding the services provided.

(ii) Psychologists shall terminate a professional relationship when it is reasonably clear that the client is not benefitting from the relationship, or if mutually agreed upon goals have been met, and shall prepare the client appropriately for such termination if feasible. Psychologists may terminate a professional relationship when the client or a person associated with or related to the client threatens or otherwise endangers them. When terminating professional services, psychologists shall offer to help locate alternative sources of professional services of assistance if feasible.

(iii) Psychologists shall not impose any stereotypes regarding behavior, values, or roles related to age, gender, religion, race, disability, nationality, sexual orientation, or diagnosis on any client.

(iv) Psychologists shall not induce, pressure, or coerce clients to solicit business on the psychologists' behalf.

(v) Psychologists shall refer clients to another professional when a client requests referral if feasible.

(vi) Psychologists shall not engage in any verbal or physical behavior with clients which is seductive, demeaning, harassing, or exploitative in any way.

(f) Welfare of supervisees, research participants, and students.

(i) Psychologists shall not engage in any verbal or physical behavior with supervisees which is seductive, demeaning, harassing, or exploitative in any way.

(ii) Psychologists shall not engage in any verbal or physical behavior with research participants which is seductive, demeaning, harassing, or exploitative in any way. Psychologists shall respect the dignity and protect the welfare of their research participants and shall comply with all relevant statutes and administrative rules concerning research participant treatment.

(iii) Psychologists shall not engage in any verbal or physical behavior with students that is seductive, demeaning, harassing, or exploitative in any way.

(g) Protecting client confidences.

(i) Psychologists shall safeguard confidential information they obtain in the course of their practice, teaching, research, or other professional services. Psychologists shall disclose confidential information to others only with the informed consent of their clients unless otherwise required or permitted by law or these rules.

(ii) Psychologists may disclose confidential information without the informed consent of a client when the psychologist determines that disclosure is necessary to protect against a clear and substantial risk of imminent serious harm that the client will inflict on the client themselves or on another person. Psychologists shall limit disclosure of otherwise confidential information only to those persons necessary to protect the client or the person threatened. When the client is an organization, business, or other similar entity, the psychologist shall only disclose confidential information after the psychologist has made a reasonable attempt to have any threat of harm corrected within the organization.

(iii) When more than one party has an appropriate interest in the professional services a psychologist renders, prior to rendering professional services, the psychologist shall clarify to all parties involved the psychologist's duties related to keeping client information confidential and the psychologist's professional responsibility with respect to those services. In particular, psychologists shall clarify the psychologist's duties and responsibilities when the client is a minor or an organization, business, or other similar entity.

(iv) When a psychologist renders services to more than one client during a session, at the beginning of the professional relationship, the psychologist shall clarify to all parties involved the manner by which the psychologist will address confidential information. The psychologist shall give all parties an opportunity to discuss and accept whatever limitations to confidentiality may attach to the professional relationship.

(v) When a psychologist renders services to a legally dependent client, the psychologist shall inform the legal dependent of any limits the law imposes on the dependent's right to confidentiality with respect to their communications with the psychologist. The psychologist shall provide such information to the extent possible in language the legal dependent can understand.

(vi) Psychologists shall limit access to client records to preserve their confidentiality. Psychologists shall ensure that all persons working under their authority shall comply with requirements for confidentiality of any client records.

(vii) Psychologists shall comply with any relevant law regarding reporting child abuse or vulnerable population abuse.

(viii) When rendering professional services as part of a team, or when interacting with other appropriate professionals concerning a client's welfare, psychologists may share confidential information provided that the psychologist takes reasonable steps to inform all persons receiving confidential information about the confidential nature of the information and ensure that the persons abide by rules to maintain the information's confidentiality. Psychologists shall disclose confidential information under this subsection only to the extent necessary to render professional services.

(ix) When a psychologist uses information from otherwise confidential records for teaching, research, publication, or any other public or professional purpose, the psychologist shall ensure that the information has been redacted to prevent client identification.

(x) Psychologists shall not allow record or allow others to observe a client without the client's informed written consent.

(xi) After a psychologist terminates a professional relationship with a client or a client dies, the psychologist shall continue to treat any information regarding that client as confidential.

(h) Representation of services.

(i) Psychologists shall display their current Wyoming license to practice psychological on the premises of their professional practice site.

(ii) Psychologists shall not misrepresent their professional qualifications, either directly or by implication.

(iii) Psychologists shall not misrepresent their affiliations or the purposes or characteristics of institutions or organizations with which they are affiliated, either directly or by implication.

(iv) Psychologists shall not include false or misleading information in public statements about the professional services they offer.

(v) Psychologists shall not associate with or permit their name to be used in connection with any services or products in such a way as to misrepresent the services or products, the degree of the psychologist's responsibility for the services or products, or the nature of the psychologist's association with the services or products.

(vi) Psychologists shall correct others who misrepresent the psychologist's professional qualifications or affiliations. When a psychologist becomes aware of false or misleading public information about the psychologist or their credentials, qualifications, or services, the psychologist shall make all reasonable attempts to correct the information, including displaying corrected information in a public medium.

(i) Fees and statements.

(i) As early as feasible in a professional relationship, psychologists shall inform the person who receives psychological services and the client how the psychologist is compensated and the client is billed.

(ii) Psychologists shall not exploit clients by charging excessive fees or entering into an exploitative bartering arrangement.

(j) Assessment procedures.

(i) When a psychologist assesses a person, the result or interpretation of any assessment is confidential information.

(ii) When communicating the results of an assessment to a client or the person who receives the assessment, the psychologist shall appropriately interpret or explain the results so that the client or person may understand and make decisions based on the results.

(iii) When reporting the results of a formal assessment procedure for which norms are available, the psychologist shall report limitations in the assessment norms for the individual assessed and any relevant reservations or qualifications which affect the validity, reliability, or interpretation of the results.

(iv) Psychologists shall not reproduce or describe in publications, lectures, presentations, or any other public disclosures any psychological tests or assessment measures or devices in ways that might compromise their security.

(v) Psychologists offering an assessment procedure or automated interpretation service to other professionals shall accompany that offer with a manual or other printed material that fully describes how the procedure or service was developed, the procedure's or service's rationale, evidence that shows the procedure's or service's validity and reliability, and characteristics of the normative population. The psychologist shall explicitly state the purpose and application for which the psychologist recommends the procedure or service and identify special qualifications to administer and interpret the procedure or service properly. The psychologist shall ensure that any advertisement for the procedure or service is factual and descriptive.

(k) Violations of law.

(i) Psychologists shall not violate any applicable statute or rule regulating the practice of psychology.

(ii) Psychologists shall not use fraud, misrepresentation, or deception to:

(A) Obtain a psychology license;

(B) Take a psychology licensing examination;

(C) Assist another individual to obtain a psychology license or take a psychology licensing examination;

(D) Bill clients or third-party payors;

(E) Provide psychological services;

(F) Report the results of psychological evaluations or services; or

(G) Conduct any other activity related to the practice of psychology.

(l) Aiding unauthorized practice.

(i) Psychologists shall not aid or abet another person in misrepresenting their professional credentials or illegally engaging in the practice of psychology.

(ii) Psychologists shall not delegate professional responsibilities to a person not appropriately licensed or otherwise qualified to provide such services.

(m) Reporting suspected violations.

(i) If a psychologist has reason to believe that another person has violated the Board's rules or practice act and that the violation may reasonably be expected to harm a client, the psychologist may report such a violation to the Board. Unless otherwise required by law, the psychologist may only provide the client's name with the written consent of the client.

(ii) When a client informs a psychologist of a possible violation of the Board's rules or practice act, or when a client asks how to file a complaint with the Board, the psychologist shall inform the client of the standards of practice of psychology relevant to the violation or complaint and how to file a complaint with the Board.

Notes

068-15 Wyo. Code R. §§ 15-3

Adopted, Eff. 5/13/2021. Amended, Eff. 1/30/2023.