Q.

We have a therapist who has been disciplined by the state Licensing Agency for various violations.  Despite the disciplinary stipulation, the center has continued to employ the therapist and I have concerns about our liability.

A.

As I understand it your center has decided to continue employing the therapist despite the order.  The order disciplines the therapist for various instances of professional boundary violations including taking a client to a family Christmas party, allowing the client to paint the therapistØs home and allowing the client to sleep in the therapistØs residence.  Additionally on at least one occasion, the client came to the therapistØs home smelling of cannabis and obviously intoxicated.  The therapist did not consider the risk to her client or others when the client drove away while intoxicated.

You thoroughly investigated the circumstances.  You are convinced that there was no sexual involvement between the therapist and client.  The therapist was disciplined by the center prior to the entry of the stipulation.  This discipline included a requirement for the therapist to complete a certain number of hours of therapy.

Under the circumstances, I have various comments and recommendations.  First, you should be aware that the center is assuming some risk by continuing to employ this therapist.  If there are any new boundary violations which result in a claim, the claimant will undoubtedly contend that the center was on notice of the therapistØs tendency to violate boundaries and should have terminated the therapistØs employment.

Second, the center should scrupulously follow the directives of the stipulation.  Any failure to comply with the stipulation could possibly be used as evidence of negligent supervision.

Third, the therapistØs supervisor should thoroughly review the therapistØs case notes.  The supervisor rather than the therapist should recognize signs of possible boundary violations.

Fourth, I suggest that the supervisor regularly inquire of co-workers whether or not they have observed anything which they consider to be signs of boundary violations.

Fifth, you might want to consider placing all the centerØs clients on notice that boundary violations are strictly prohibited.  The notice should be in writing and should give specific examples including but not limited to sexual activity.  The notice should make it clear that the client has the right not to be subject to boundary violations and has the obligation not to initiate boundary violations.

Sixth, the therapist should be placed in a job assignment where she is not alone with clients.  For instance, she should not have a job assignment to go alone to a clientØs home.