Angelina M. Barnes
Under the Minnesota Psychology Practice Act a supervisee is a client receiving a psychological service, supervision. Specifically, “client” is defined to mean “an individual or entity who is the recipient of any of the psychological services described in Minnesota Statutes, section 148.89, subdivision 5, the definition of the practice of psychology.” Minn. R. 7200.0110, subp. 4.
Given the supervisee as a client definition, and the fact that supervision is a psychological service, the Act requires supervisors to be follow administrative rules related to competency, management and disclosure of private information, informed consent, termination of supervision, recordkeeping, impaired objectivity, supervisor impairment, supervisee welfare, and to ensure specific supervisee protections. The specific categories are provided below, for text of the rule language please review the Administrative rules in Chapter 7200.4500.
Competency in Supervision
With a supervisee in the “shoes” of a client, there are protections for the supervisee, and obligations on a supervisor arising out of the Rules of Conduct. A supervisor providing supervision must limit their practice to services they can provide competently, which includes being competent in the provision of supervision and in the activities being supervised.
Private Information in Supervision
Supervisors may also have obligations relating to a duty to safeguard private information obtained while providing supervision, including properly limiting access to supervisee records.
Informed Consent in Supervision
Supervisors must obtain informed consent for supervision to a supervisee, which may be written or oral and must include: (A) the goals and purpose and procedures for supervision; (B) a discussion of factors that may impact the duration of supervision; (C) the applicable fee schedule (if any); (D) the limits to the supervisee’s privacy; and (E) the significant risks and benefits of supervision.
Termination of Supervision
Supervisors faced with impaired objectivity related to a supervisee may also have an affirmative obligation to promptly terminate the supervisory relationship. This may also be required when the supervisee is unlikely to benefit from continued supervision with the supervisor.
Recordkeeping in Supervision
Supervisors are required to maintain accurate and legible records for each of their services for each supervisee. There are minimal requirements for the information that must be in a supervision file described in Minnesota Rules 7200.4750, subpart 1, A-E. It is important to note that the recordkeeping rule requires the documentation of services, in this case, supervision, to the extent applicable. This does not impose an obligation on the supervisor to maintain records identical to a health service or clinical client. Supervisors are required to maintain supervisee records for a minimum of eight years after the date of the supervisor’s last professional service, supervision, to the supervisee.
Impaired Objectivity or Effectiveness
Supervisors are also subject to prohibitions on providing supervision to a supervisee in situations where there is: a multiple relationship, both a psychotherapy or assessment service being provided and concurrently either supervision or teaching, a supervisor biased for or against the supervisee for any reason that interferes with the supervisor’s impartial judgment, or a fundamental divergence or conflict of service goals, interests, values, or attitudes between the supervisor and the supervisee that adversely affects the professional relationship, unless the conflict is being resolved under the requirements of the Psychology Practice Act.
Supervisor Impairment
Supervisors may not offer supervision to a supervisee when they are unable to offer such services with reasonable skill and safety as a result of a physical or mental illness or condition, including but not limited to, substance abuse or dependence.
Supervisee Welfare
A supervisee has a right to:
…expect that the supervisor has met the minimum qualifications of education, training, and experience required by state law for licensure.
… report complaints to the Board of Psychology on their supervisor.
…to be informed of the cost for supervision before receiving it, if any.
…to privacy as defined by rule and law.
…to be free from unlawful discrimination while receiving supervision.
…to be free from exploitation for the benefit or advantage of the supervisor.
…to terminate supervision at any time, except as otherwise provided by law or court order, with the understanding that unlicensed individuals may only practice psychology while licensed or while under qualified supervision as provided in the Act.
…to examine public records maintained by the Board of Psychology on a supervisor.
Supervisors are required to consider the supervisee as an individual and not impose any stereotypes of behavior, values, or roles related to human diversity.
Supervisors are not permitted to misuse the relationship with the supervisee due to a relationship with another individual or entity.
Supervisor Protection
Providers who teach, evaluate, or supervise, or conduct research have authority over their students, supervisees, or research subjects, and must protect the welfare of these individuals.
Supervisee Protections
Supervisees are entitled to the following protections while in supervision:
Supervisees have a right to access and consent to release private information [on them] maintained by the supervisor, including the supervision file.
Supervisors shall not impose any stereotypes of behavior, values, or roles related to race, ethnicity, national origin, religious affiliation, language, age, gender, physical disabilities, mental capabilities, sexual orientation or identity, or socioeconomic status.
Supervisors shall not exploit or misuse in any manner the professional relationship for the emotional, financial, sexual, or personal advantage or benefit of the supervisor or other individual or entity.
Supervisors shall not engage in any sexual behavior with a current supervisee, including sexual contact, as defined in part 7200.0110, subpart 28, or any physical, verbal, written, interactive, or electronic communication, conduct, or act that may be reasonably interpreted to be sexually seductive, demeaning, or harassing.
Supervisors shall not engage in any deceptive or fraudulent behavior.
Supervisors shall not disclose evaluative information except for legitimate professional or scientific purposes.
Supervisors shall not engage in any other unprofessional conduct.
