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Ethics and Possible Abuse of Clients

If we suspect a client is being abused or threatening bodily harm to themselves or others, (1) are we required to report to appropriate law enforcement; and (2) are we required to tell the client of our duty? I know that physicians are required to report child abuse, but I'm not sure where we fall into this category? Are we akin to the clergy, where "confessionals" are confidential? I haven't had this happen yet, but I'm curious if this should be included in policies and procedures or intake forms that clients sign. We want the clients to feel they can share with us, but on the other hand, they may be afraid to say anything if they know we'll report what they tell us.

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Permalink Reply by Deb Evans on June 13, 2010 at 5:21am

I looked this up for our state (NY) as I was a mandated reporter (a teacher) and wondered what the rules were for LMTs here... according to NYS law, LMTs are not on the list: http://www.ocfs.state.ny.us/main/publications/pub1159text.asp

That being said, you could still ethically feel a need to report, and as a non-mandated reporter, you would remain anonymous, so you do not necessarily need to inform your clients that you will report suspected abuse/neglect. this is regarding children. There are no such laws regarding adults about suspected abuse.

Mental health professionals have different guidelines re reporting capacity to cause imminent danger to themselves or others, but we are not in that category, so I don't thing we have a legal obligation to do so, although you ethically may wish to report it to Law Enforcement. Whether you tell the client you are doing so is up to you. You might want to check with your attorney and your state LMT regs, though!

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Permalink Reply by Laurie on June 13, 2010 at 9:32am

Virginia Code (63.2-1606) mandates certified massage therapist to report suspected abuse, neglect and exploitation of elders and incapacitated adults. Check your state laws or certification board to see what is required in your hometown. Most of the legal information is available on-line.