Potential Conflict of Interest at a School - Violating Therapy Practice Codes

[DC77]

Jurisdiction

Arizona

I'm in a complex, two part situation as an employee at a school district. I work as a therapy assistant. Our current therapist is leaving at the end of the school year. By law and industry code, I have to have a therapist to work under. However, the director has hastily pushed through her family member and hired her into the position, even though she is a student, unable to practice initially, and will also be an assistant. This seems like a very clear conflict of interest. But what can I do about it?

The second part, the director is trying to force this to work by hiring the therapist we would need for only a day or two a week to try to be legal. The plan for this has created all sorts of ethical issues and out of scope issues. I have multiple other therapists in the industry telling me this is so wrong, but every concern and ethical issue I've brought to the director has been normalized. The statute for practice in the state is vague, and she is holding to it. She is refusing to acknowledge national practice regulations that require a certain level of supervision and other ethical codes. She is doing everything she can to create a position for her family member, and has already got them hired, when what is ethical and required is a full time licensed therapist. Plus, she misrepresented her family member to the board as a certified assistant, when she is actually a student.

I'm also concerned of the set-up that we don't have enough caseload for her and I both, and I will eventually get cut because of "budgeting cuts."

I know what is happening is wrong, but I have no idea what I can do about it. PS leaving the job right now is just not a financial option. Jobs are also few and far between.

 

[adjusterjack]

Step 1 - Find a position elsewhere.

Step 2 - After you are safely in your new job, report the issues to the state licensing agency.

PS leaving the job right now is just not a financial option. Jobs are also few and far between.

That's the usual cop-out at the end of similar complaints. I see that every day.

Then keep your mouth shut, your head down, and ride it out as long as you can. Knowing full well, you'll eventually be fired when the owner gets his way.

Then you'll be looking for a job while unemployed. Better to look for one now.

 

[DC77]

Step 1 - Find a position elsewhere.

Step 2 - After you are safely in your new job, report the issues to the state licensing agency.



That's the usual cop-out at the end of similar complaints. I see that every day.

Then keep your mouth shut, your head down, and ride it out as long as you can. Knowing full well, you'll eventually be fired when the owner gets his way.

Then you'll be looking for a job while unemployed. Better to look for one now.

Thank you and I hear you. I do want to set straight, making the judgement that this is a cop out is pretty presumptuous. I live in a small town. Jobs with comparable pay are not here. I don't have reliable transportation to commute out of this small town. I hit hard times and had to move across country and in with family. That took the last of my savings and credit cards. I don't have the financial stability to move for a job right now. Have you seen housing costs? I'm single income. I won't be in a financial situation to make a move for at least another 6- 8 months when I have a year of experience to put on my resume and a savings to get me somewhere. Yes, I'm keeping my eyes open for a unicorn job to appear, but I can't count on it. So I'm trying to do what I can to keep this one. I appreciate the input.

 

[zddoodah]

By law and industry code

She is refusing to acknowledge national practice regulations

I want to start with these two statements. What are the "industry code" and "national practice regulations." The practice of medicine, which therapists fall within, is typically governed at the state level.

what is ethical and required is a full time licensed therapist.

Please cite the law that requires this.

I know what is happening is wrong, but I have no idea what I can do about it.

You've indicated that you work for a school district. That tells me that you are a civil service employee. Your district should have a human resources department and legal counsel. If you believe that this "director" is doing something inconsistent with the applicable law, go to human resources with your concerns.

 

[army judge]

However, the director has hastily pushed through her family member and hired her into the position, even though she is a student, unable to practice initially, and will also be an assistant. This seems like a very clear conflict of interest. But what can I do about it?

 

[DC77]

Her hiring actually directly affects me, not just for my job security, but for my practice requirements, which yes, are written in state as well as a national industry ethics guideline. So wow. Thanks for your professionalism. So much for real legal advice. Bitter and rude. Forget I asked. I'll try to get in touch with a real lawyer.

 

[DC77]

I want to start with these two statements. What are the "industry code" and "national practice regulations." The practice of medicine, which therapists fall within, is typically governed at the state level.




Please cite the law that requires this.




You've indicated that you work for a school district. That tells me that you are a civil service employee. Your district should have a human resources department and legal counsel. If you believe that this "director" is doing something inconsistent with the applicable law, go to human resources with your concerns.

The law states up to supervision every 15 days, and it is incredibly vague. However, our National governing body has guidelines as scope of practice and code of ethics that specify that supervision is dependent on experience and complexities of the client conditions. Neither of us would have the experience to ethically manage the client caseload, and I've been asked to do things outside of scope to make hiring her family member work. The appropriate hire that is generally agreed upon needs to be replace a therapist with a therapist. There are additional scope of practice guidelines that state I cannot supervise this girl either. It's out of my current scope.

 

[zddoodah]

You didn't really answer my question, but it sounds like what's happening is permissible under the applicable law. "Guidelines" and "codes of ethics" don't have the weight of law.

As mentioned previously, human resources is where you should be looking.

 

[DC77]

The law states up to supervision every 15 days, and it is incredibly vague. However, our National governing body has guidelines as scope of practice and code of ethics that specify that supervision is dependent on experience and complexities of the client conditions. Neither of us would have the experience to ethically manage the client caseload, and I've been asked to do things outside of scope to make hiring her family member work. The appropriate hire that is generally agreed upon needs to be replace a therapist with a therapist. There are additional scope of practice guidelines that state I cannot supervise this girl either. It's out of my current scope.

PS I met with the director and HR and it's clear they are backing the jenke plan. They touched that it was approved by the superintendent too. Not sure if the board understands they've hired a student in place of a therapist and because she's family. I have an obligation to stay within scope and an ethical obligation to advocate for the best interest of the students on the caseload.

 

[DC77]

The law states up to supervision every 15 days, and it is incredibly vague. However, our National governing body has guidelines as scope of practice and code of ethics that specify that supervision is dependent on experience and complexities of the client conditions. Neither of us would have the experience to ethically manage the client caseload, and I've been asked to do things outside of scope to make hiring her family member work. The appropriate hire that is generally agreed upon needs to be replace a therapist with a therapist. There are additional scope of practice guidelines that state I cannot supervise this girl either. It's out of my current scope.

Okay so I just did a search for the info you just provided. A quick search does say those guidelines are not legally binding. So could I still lose my license or certification if I don't abide by them? I've been warned that what we are doing is opening us up to lawsuits from parents.

 

[army judge]

Her hiring actually directly affects me, not just for my job security, but for my practice requirements, which yes, are written in state as well as a national industry ethics guideline. So wow. Thanks for your professionalism. So much for real legal advice. Bitter and rude. Forget I asked. I'll try to get in touch with a real lawyer.