2.2 Dual Relationships, Boundaries, and Sexual Misconduct Rules

Defining Dual Relationships in Oklahoma Law

In the practice of professional counseling, maintaining clear, therapeutic boundaries is critical to client safety and clinical efficacy. Under the Oklahoma Administrative Code (OAC) 86:10-1-2, a dual relationship is defined as "any familial, social, financial, business, professional, close personal, sexual or other non-therapeutic relationship with a client, or any activity that interferes or conflicts with the LPC's professional obligation to the client." Dual relationships represent a significant source of ethical violations and are scrutinized closely by the State Board of Behavioral Health Licensure (BBHL).

The core rationale behind prohibiting dual relationships is the inherent power imbalance in the therapeutic relationship. When a counselor enters into a secondary relationship with a client, their professional judgment may become impaired, and the risk of client exploitation increases exponentially. Under OAC 86:10-3-3(a), LPCs and LPC Candidates are explicitly prohibited from knowingly entering into dual relationships and must take all necessary precautions to prevent them.

Handling Inadvertent or Unavoidable Dual Relationships

In small or rural communities, or in specialized clinical settings, dual relationships can sometimes be unavoidable or occur inadvertently. Oklahoma rules outline specific procedures that an LPC must follow when a dual relationship arises:

1. Documentation: If an LPC suspects they have inadvertently entered into a dual relationship, they must immediately record the fact in the client’s records. This documentation must detail the nature of the relationship, the potential impact on clinical judgment, and the steps taken to address it.
2. Elimination of Conflict: The counselor must take reasonable steps to eliminate the source of the dual relationship. This may involve shifting scheduling, restructuring associations, or terminating the non-therapeutic connection.
3. Disclosure and Informed Consent: If the dual relationship cannot be eliminated and a referral is not clinically feasible (e.g., due to a lack of alternative providers in a rural county), the LPC must fully disclose the circumstances to the client. The counselor must obtain written, signed informed consent from the client indicating that they understand the risks and agree to proceed.
4. Professional Consultation: The LPC must consult with other qualified professionals to assess potential impairment to their professional judgment and the risk of harm to the client. This consultation must be documented in the clinical record.

Non-Sexual Dual Relationships and the Five-Year Rule

The BBHL imposes strict timelines on relationships with former clients and individuals with prior associations:

• Prior Associations (OAC 86:10-3-3(a)): An LPC is prohibited from providing counseling services to any person with whom they have had a sexual, familial, social, financial, business, professional, or close personal relationship within the previous five (5) years. This means if a counselor was business partners or close friends with someone, they must wait a full five years after that relationship has ended before they can establish a counseling relationship with them.
• Relationships with Former Clients (Non-Sexual): Once a counseling relationship has been officially terminated, the LPC is prohibited from entering into a close personal, business, or financial relationship with that former client for a minimum of five (5) years. Entering into such a relationship prior to the five-year mark constitutes a major boundary violation and is subject to disciplinary action by the Board.

The Absolute and Permanent Prohibition on Sexual Misconduct

While some ethical codes (such as the ACA Code of Ethics) permit sexual relationships with former clients after a designated period (5 years) under highly restricted circumstances, Oklahoma law is absolute:

• Permanent Ban on Sexual Contact (OAC 86:10-3-3(f) & 86:10-3-4(c)(1)): Under Oklahoma rules, sexual conduct, contact, or intimacy with a current client, an LPC candidate, or a former client is permanently prohibited.
• No Time Elapse Exception: There is no waiting period after which sexual contact becomes permissible. Even if twenty years have passed since the termination of the counseling relationship, sexual contact remains a violation of OAC 86:10-3-4 and is grounds for immediate and permanent revocation of the LPC license.
• Definition of Sexual Conduct: The Board defines sexual conduct broadly to include physical touching of a sexual nature, sexual solicitation, verbal or physical advances, and any behavior that can be reasonably interpreted as sexual or romantic.

Oklahoma's Specific Bartering Rules (OAC 86:10-3-3.1)

Bartering is the exchange of counseling services for goods or services provided by the client. Because bartering is highly prone to exploitation and introduces a dual business relationship, Oklahoma has established strict limits:

• Tangible Goods Only: LPCs are permitted to barter only for tangible goods. The goods must be exchanged at their fair market value.
• Prohibition on Services: LPCs are strictly prohibited from bartering for services rendered by the client. For example, a counselor cannot agree to provide counseling in exchange for the client painting the counselor’s house, cleaning their office, providing accounting services, or doing auto repairs. Such arrangements are illegal in Oklahoma because service-based bartering is highly susceptible to disputes regarding the quality and value of the service, leading to inevitable boundary violations.
• Required Conditions for Bartering Tangible Goods: To legally barter for tangible goods, the LPC must meet all of the following criteria:
  1. The client must explicitly request the bartering arrangement. The counselor must not initiate or suggest it.
  2. The arrangement must not be exploitative or harmful to the client.
  3. A clear, written contract must be established and signed by both parties before the bartering begins. The contract must specify the goods to be exchanged, their verified fair market value, and the number of counseling sessions they cover.
  4. The arrangement must be an accepted practice among professionals in the local community.