Minnesota Administrative Rules

2150.7550 CLIENT WELFARE.

Subpart 1.

Providing explanation of procedures.

A client has the right to have and a provider has the responsibility to provide, on request, a nontechnical explanation of the nature and purpose of the counseling procedures to be used and the results of tests administered to the client. The provider must establish procedures to be followed if the explanation is to be provided by another individual under the direction of the provider.

Subp. 2.

Clients' bill of rights.

The provider must display prominently on the premises of the professional practice or make available as a handout the bill of rights of clients as required by Minnesota Statutes, section 144.652, that includes a statement that consumers of professional counseling services have the right to:

A.

expect that the provider has met the minimal qualifications of training and experience required by state law;

B.

examine public records maintained by the board that contain the credentials of the provider;

C.

obtain a copy of the Rules of Conduct from the board website;

D.

report complaints to the board;

E.

be informed of the cost of professional services before receiving the services;

F.

privacy as defined and limited by rule and law;

G.

be free from being the object of unlawful discrimination while receiving counseling services;

H.

have access to their records as provided in part 2150.7520, subpart 1, and Minnesota Statutes, section 144.292, except as otherwise provided by law;

I.

be free from exploitation for the benefit or advantage of the provider;

J.

terminate services at any time, except as otherwise provided by law or court order;

K.

know the intended recipients of assessment results;

L.

withdraw consent to release assessment results, unless this right is prohibited by law or court order or is waived by prior written agreement;

M.

a nontechnical description of assessment procedures; and

N.

a nontechnical explanation and interpretation of assessment results, unless this right is prohibited by law or court order or this right was waived by prior written agreement.

Subp. 3.

Stereotyping.

The provider shall consider the client as an individual and shall not impose on the client any stereotypes of behavior, values, or roles related to human diversity.

Subp. 4.

Misusing client relationship.

The provider shall not misuse the relationship with a client due to a relationship with another individual or entity.

Subp. 5.

Exploitation of client.

The provider shall not exploit in any manner the professional relationship with a client for the provider's emotional, financial, sexual, or personal advantage or benefit. This prohibition is extended indefinitely to former clients who are vulnerable or dependent on the provider.

Subp. 6.

Sexual behavior with client.

A provider must not engage in any sexual behavior with a client including:

A.

sexual contact with the client, as defined in Minnesota Statutes, section 604.20, subdivision 7; or

B.

any physical, verbal, written, interactive, or electronic communication, conduct, or act that may be reasonably interpreted to be sexually seductive, demeaning, or harassing to the client.

Subp. 7.

Sexual behavior with a former client.

Providers shall not engage in any sexual behavior as described in subpart 6 within the two-year period following the date of the last counseling service to a former client. This prohibition applies whether or not the provider has formally terminated the professional relationship. This prohibition is extended indefinitely regarding a former client who is vulnerable or dependent on the provider.

Subp. 8.

Preferences and options for treatment.

A provider shall disclose to the client preferences of the provider for choice of treatment or outcome and shall present other options for the consideration or choice of the client.

Subp. 9.

Referrals on request.

A provider shall make a prompt and appropriate referral of the client to another professional when requested to do so by the client.

Subp. 10.

Coordinating services with other professionals.

A provider shall ask a client whether the client has had or continues to have a professional relationship with another mental health professional. If it is determined that the client had or has a professional relationship with another mental health professional, the provider shall, to the extent possible and consistent with the wishes and best interests of the client, coordinate services for that client with the other mental health professional.

Statutory Authority:

MS s 148B.52; 214.12

History:

30 SR 345; L 2007 c 147 art 10 s 15; 47 SR 960

Published Electronically:

July 12, 2023