Code of Conduct: Ethics, Confidentiality, and Boundaries
Code of conduct: ethics, confidentiality, and boundaries
The code of conduct in Chapter 781 governs competence, informed consent, nondiscrimination, fees, records, advertising, termination and referral, and professional boundaries. Confidentiality is the core duty: disclose only with valid written authorization or when law requires or permits it. Recognized exceptions include mandatory abuse and neglect reporting, responding to a court order (a subpoena alone is generally not an order - notify the client and seek authorization or a protective order before releasing anything), preventing imminent serious harm to the client or an identifiable third party, and disclosures required during a board investigation. Confidentiality survives termination of services and the client's death, and it extends to supervision and consultation - share only the minimum necessary and de-identify where possible.
Boundary rules prohibit sexual contact with current clients and any exploitative dual relationship. Personal, business, or social relationships with former clients must be evaluated for exploitation and documented. Bartering, gifts, and self-disclosure are acceptable only when non-exploitative, culturally appropriate, and clinically justified. Social media or personal electronic contact with clients should be addressed in the informed consent discussion and generally avoided.
Traps: items that treat a subpoena as automatic authority to release records; that let a parent orally waive confidentiality for a child; that frame a "friendship" with a client as harmless. Watch for classic dual-relationship setups - supervising a friend, counseling an employee, or treating a family member.
Worked example: A client's divorce attorney serves a subpoena for the treatment record. Correct response: do not release; verify the scope, notify the client, obtain a signed authorization or a court order, and document each step. Rule of thumb: authorization, court order, or statutory mandate - otherwise, no disclosure.