Pass the Client Protection Act for Virginia

THE CLIENT PROTECTION ACT:

To ensure safe treatment facilities and protect individuals suffering from substance abuse disabilities from Physician, Therapist, or Counselor sexual abuse.

WHO IS JEANNE HIX?

I am the founder of Divine Elements and creator of The Client Protection Act. I have over 20 years of recovery personally, and was a Substance Abuse Counselor for 18 years.

My personal experience;

Men and women came to our facility struggling with substance abuse and mental health disorders, facing incarceration, homelessness, and often times suicidal.

I’ll never forget the day in February 2009 I heard the terrible news; I was informed that my boss, Director and CEO of a residential treatment facility in Virginia, had been sexually involved with a former client and house mother of the program. The woman had multiple substance abuse treatment attempts at our facility and upon her last inpatient stay; my boss took liberty over the case managers, and assigned her to himself as his personal client. Often holding private sessions in his office, upon closure of a session he would illegally hug and rub his penis against the client’s body to receive an erection. This later resulted in sexual encounters including him receiving oral sex, and intercourse with the client. When the client was discharged from the program, he was seen visiting her place of employment, and visited her private residence, where it is alleged he had sexual relations with her twice. Upon further investigation, he was found to have a history and pattern of inappropriate relations with his clients, and throughout his years in the counseling profession had perpetrated countless women, violating their client and human rights, often giving free residential stays, psychiatric evaluations, medications, and outpatient treatment sessions in exchange.

In 2011 he was found guilty of this complaint, with a client different than the one reported, and his license was revoked. As a part of the revocation, he was directed to have no client contact. Due to the Virginia Department of Mental Health and Developmental Services licensing laws, which state a Program Director does not need to have licensure if there is a Program Medical Director, he was allowed to reenter his facility as soon as the investigation was completed, and able to maintain client contact under the title of Director and CEO. When he was found guilty of his charges he was the Director and CEO of the program, nothing has changed, except he no longer has a license.

From that day forward I made a promise to myself, no matter what it took, with faith in God, I would do all that I can do to protect clinets suffering from the disease of addiction. Believing, caring, and speaking for those who are compromised and afraid. Fighting for fairness and for safe and appropriate outcomes for all who seek substance and mental health services.”

WHY I CARE?

When an individual suffering from addiction or mental health disabilities is seeking treatment they are often, frightened, and don't know what to do. Their backgrounds are varied; many are full of secrets, having been abused physically, emotionally, mentally, sexually, and at often times raped. Many times this abuse comes from a “trusted person” a family member, loved one, friend, or authority figure. Trusting no one, they feel ashamed and guilty, worthless, and undeserving. Finally surrendering, and entering treatment for help and guidance, only to be abused by their Physician, Therapist, or Counselor.

As someone who grew up in a family of addiction and domestic violence all I ever wanted was to feel safe and for someone to care about me. For 13½ years I suffered from the disease of addiction. Trying to escape the pain I felt through alcohol. Needless to say, that doesn’t work, and over time creates new pain and fear.

Many times I thought about quitting but I was afraid, because every time I stopped using the reality of the violence and my abuse would resurface again. I contemplated suicide, but gratefully I couldn’t do it. I know now somewhere in my soul all I truly wanted was someone to help, and understand what I was feeling. Eventually I found myself with two options, jail or treatment. I choose treatment and it literally saved my life. My counselor guided and educated me, even more than that, she believed in me when no one else did. For the first time in my life, I believed and trusted in someone. I finally felt safe to tell my secrets. I can’t imagine where I’d be today if I had been abused by the professional who was helping me.

CLIENT PROTECTION ACT

The purpose of this act is to inform and protect men and women suffering from substance abuse and mental health disabilities from sexual abuse by Physicians, Therapist, and Counselors within the State of Virginia.

AN ACT concerning individuals suffering from disabilities of alcoholism, drug addiction, and mental health issues.

Be it enacted by the people of the State of Virginia; represented in the General Assembly by;

Section 1: POLICIES ADDRESSING ABUSE
Adopt and implement policies addressing sexual abuse and predator behavior towards men and women seeking treatment and suffering from substance abuse and mental health disabilities with the State of Virginia's residential, partial, and outpatient treatment programs and facilities.

Section 2: MANDATORY POSTING REQUIREMENTS
Mandatory posting requirement on facilities website public information for any employee who has had prior and/or current lose of Licensure as a result of inappropriate sexual conduct with clients. The Posting provides a link connecting consumer to public information from the Department of Health Professions Notices and Orders providing the following information including; the health professionals full name, License Number, Licensure type, date of. Order, type of order, and PDF link of order.

Section 3: Mandatory posting of the organization TELL.
Therapy Exploitation Link Line Mission Statement and website in all State of Virginia treatment program group and client rooms. www.therapyabuse.org.

Section 4: MANDATORY REPORTING REQUIREMENTS
Mandatory that all complaints be reported to the Virginia Board of Health Professional for investigation, whether hear say or guilty be sent and reported to the local area police authorities, criminal investigations department, within forty eight hours of receiving complaint.

Section 5: Mandatory requirement that that all complaints reported to the Virginia Board of Health Professional for investigation, whether hear say or guilty be sent and reported to the local Adult Protective Services Agency, within forty eight hours of receiving the complaint, for further investigations and possible criminal charges for committing crimes against individual/s with disabilities.

WHY DO WE NEED THIS ACT?

Sexual contact of any kind between a health professional and a patient is universally regarded as unethical and is a growing epidemic in America.

Kenneth S. Pope, Phd., ABPP, author of Ethics in Psychotherapy and Counseling, provides the following statistics of a national study of 958 patients: “The findings suggest that about 90% of patients are harmed by sex with a therapist; 80% are harmed when the sexual involvement begins only after termination of therapy. About 11% required hospitalization; 14% attempted suicide; and 1% committed suicide. About 10% had experienced rape prior to sexual involvement with the therapist, and about a third had experienced incest or other child sex abuse. About 5% of these patients were minors at the time of the sexual involvement with the therapist. Of those harmed, only 17% recovered fully.”

Pope's research also observed the the most common reactions of victims that have been involved with therapist-patient sex. These included ambivalence between escaping the abusive therapist and protecting him or her, cognitive dysfunction (including attention, memory, and concentration), emotional liability or intense emotional eruptions, emptiness and isolation, impaired ability to trust, guilt, increased suicidal risk, role reversal and boundary confusion, sexual confusion (including believing their only worth is to provide sexual gratification to others), and suppressed anger which may lead to self-loathing, self-punishment, and self-destructive behaviors. The depths of these reactions underscore how harmful and exploitative client sex with a therapist can be.

A national survey of 1,320 psychologists discovered that more than half the professionals that responded reported treating at least one patient who had been sexually intimate with a prior therapist.

ADA LAWS GOVERNING SUBSTANCE DISORDERS

Individuals who abuse alcohol may be considered disabled under the ADA if the person is an alcoholic or a recovering alcoholic.

The ADA provides that any employee or job applicant who is “currently engaging” in the illegal use of drugs is not a “qualified individual with a disability.” Therefore, an employee who illegally uses drugs—whether the employee is a casual user or an addict—is not protected by the ADA if the employer acts on the basis of the illegal drug use. As a result, an employer does not violate the ADA by uniformly enforcing its rules prohibiting employees from illegally using drugs. However, “qualified individuals” under the ADA include those individuals:

• who have been successfully rehabilitated and who are no longer engaged in the illegal use of drugs;

• who are currently participating in a rehabilitation program and are no longer engaging in the illegal use of drugs; and

• who are regarded, erroneously, as illegally using drugs

THE VIRGINIA BOARD of HEALTH PROFESSIONALS STANDARDS of PRACTICE - 18VAC115-30-140

Section A and Section B, numbers 1 and 7.
(For a full list please visit www.dhp.virginia.gov)

When a person receives licensure from the State of Virginia they are obligated, as stated in the Virginia Board of Health Professions Regulations and Standards of practice outlined in 18VAC115-30-140.

A. The protection of the public health, safety, and welfare and the best interest of the public shall be the primary guide in determining the appropriate professional conduct of all persons whose activities are regulated by the board.

B. Persons certified by the board shall:

1. Practice in a manner that is in the best interest of the public and does not endanger the public health, safety, or welfare.

7. Not engage in dual relationships with clients, former clients, supervisees and supervisors that are harmful to the client's or supervisee's well being, or which would impair the substance abuse counselor's, substance abuse counseling assistant's or supervisor's objectivity and professional judgment, or increase the risk of client or supervisee exploitation. This prohibition includes, but is not limited to, such activities as counseling close friends, former sexual partners, employees or relatives; or engaging in business relationships with clients.

Engaging in sexual intimacies with current clients or supervisees is strictly prohibited. For at least five years after cessation or termination of professional services, certified substance abuse counselors and certified substance abuse counseling assistants shall not engage in sexual intimacies with a client or those included in collateral therapeutic services. Since sexual or romantic relationships are potentially exploitative, certified substance abuse counselors and certified substance abuse counseling assistants shall bear the burden of demonstrating that there has been no exploitation. A client's consent to, initiation of or participation in sexual behavior or involvement with a certified substance abuse counselor or certified substance abuse counseling assistants does not change the nature of the conduct nor lift the regulatory prohibition.

Even though the Virginia Board of Health Professionals have regulated Standards of practice and a complaint and investigation process, board investigators investigate the complaint, not for crimes committed or criminal charges against individuals with disabilities under the ADA, Adult Protection, or local Police Authority regulations. Many cases are merely dismissed considering what happened between the therapist and client as unethical but occurring between two “consenting” adults.

Subsequently any person whose licensure has been suspended or denied renewal by the board under the provisions of 18VAC115-30-150 may, two years subsequent to such board action, submit a new application for reinstatement of certification.

Sadly, suspension with probation of licensure in Virginia is normally the standard procedure. However, in most cases, after completion of probation the therapist is reinstated and can return to work. In many cases if an individual surrenders his license and does not have them forcibly removed he will not face any criminal charges.

Below are two significant reasons of why this system does not work and needs to be change in order to protect and help people suffering for addiction and mental health disabilities.

EXAMPLE #1: State of Virginia Counselor

In the 1980’s a counselor worked for a County Residential Program. During his employment he was found to be have engaged in sexual relations with his female clients, and was subsequently released from the county facility and was not reported to the Board of Health Professionals. He then began working at Hospital A’s treatment center, which later merged Hospital B’s treatment center. While working at Hospital B he was reprimanded but never written up or let go for having sexual relations employees he supervised. In 1999 he resigned from the hospital and opened his own residential treatment program.

EXAMPLE # 2: Therapist, Lead Therapist and Director of Admissions in Virginia Treatment Programs.

In 2010 a therapist was found guilty and convicted of drinking and having sexual relations with six of her male clients while working as Admissions Coordinator for Military Program. She received six months of solitary confinement, and was court-martialed from Military Service. Since her conviction she has been able to continue employment in three separate Virginia facilities.

(For a full listing please visit www.dhp.virginia.gov)