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Old Dec 16, 2018, 09:43 AM
Anne2.0 Anne2.0 is offline
Grand Magnate
 
Member Since: Aug 2012
Location: Anonymous
Posts: 3,132
Quote:
Originally Posted by DP_2017 View Post
Anne

I appreciate all that. The "best practice" thing actually came from an email I got directly from the license place. Reached out and got the answer myself. I showed it too him and that's when he used that term, otherwise he was using "statute"-- but the email said "it is best practice" for health professionals to not engage in any non therapy relationship, no matter how long has passed. It also said there is no rule or law forbidding it. It did say at the end that if a complaint were filed, they would investigate it normally.
Again, my legal perspective would say it is the "best practice" idea of the person who works for/sits on the licensing board at this point in time who may have thought it unusual for a client to be asking this question. If someone else had answered the email or other people were sitting on the board, the answer would be different. The reason why anyone can say "best practice" is because there is much disagreement among the field-- otherwise this best practice would be codified in the actual ethics rules or statute (if he's talking about the professional rules as incorporated into the state licensing requirements). Such a large landscape between the actual law of "no sexual relationships" and what is being interpreted as "best practices." And sometimes best practices mean what you should do to avoid being sued, and perhaps that's another of his motivations. I guess if I were advising a professional I would encourage him to follow the best practices of his profession, and I'd want him to err on the side of safety. For sure I feel like avoiding litigation or CYA is often a powerful motivator for people, professional or not.
Thanks for this!
DP_2017, growlycat, SlumberKitty