Ethics Codes

The Psychotherapist’s Professional Will

Ethics
Requirements

Did You Know?

That the ethics codes of most mental health organizations require therapists to provide continuity of care and for the disposition of their practice? Here is a sample:

Here are links to some of the major Ethics Codes:

Here are the sections from the ethics codes that address continuity of care and professional will:

The American Psychological Association’s Ethical Principles of Psychologists and Code of Conduct (2017) addresses therapist absence and death here:

Standard 3.12 (Interruption of Psychological Services):

Unless otherwise covered by contract, psychologists make reasonable efforts to plan for facilitating services in the event that psychological services are interrupted by factors such as the psychologist’s illness, death, unavailability, relocation, or retirement.

Standard 6.02(c) (Record maintenance):

Psychologists make plans in advance to facilitate the appropriate transfer and to protect the confidentiality of records and data in the event of psychologists’ withdrawal from positions or practice.

Standard 10.09 (Interruption of Therapy):

When entering into employment or contractual relationships, psychologists make reasonable efforts to provide for orderly and appropriate resolution of responsibility for client/patient care in the event that the employment or contractual relationship ends, with paramount consideration given to the welfare of the client/patient.

The American Psychiatric Association Resource Document; AMA Code of Medical Ethics (2025)

This helpful document addresses:

The unexpected closure of a psychiatrist’s practice due to their incapacitation or death is a complicated situation for colleagues, staff, patients, and the psychiatrist’s family that can be planned for in advance in order to mitigate disruptions to patient care.
Psychiatrists have an ethical responsibility to mitigate disruptions to patient care that may be caused by their unexpected death or incapacitation.

American Medical Association’s Opinion 1.1.5 (Terminating a Practice):

When a physician dies while in practice, the physician’s estate or representative should… notify all patients… and provide them with information about how they can obtain their medical records or have those records transferred. — AMA Code of Medical Ethics.

The National Association of Social Workers (NASW)

Standard 1.15 (Interruption of Services):

Social workers should make reasonable efforts to ensure continuity of services in the event that services are interrupted by factors such as unavailability, disruptions in electronic communication, relocation, illness, mental or physical ability, or death.

Marriage and family therapists (AAMFT Code of Ethics)

1.10 Non-abandonment.

Marriage and family therapists do not terminate treatment with clients without making reasonable efforts to provide appropriate arrangements for the continuation of care.

2.7 Preparation for Practice Changes.

In preparation for moving, selling, or closing a practice, incapacitation, or death, marriage and family therapists arrange for the storage, transfer, or disposal of client records in compliance with applicable laws and professional standards.

3.3 Seek Assistance.

Marriage and family therapists must not engage in therapeutic services when those services are compromised due to impairments to their clinical competence. Marriage and family therapists seek appropriate supervision, consultation, or professional assistance for issues that may impair work performance or clinical judgment.

The American Counseling Association (ACA)

Standard A.2.a (Informed Consent):

Counselors must inform clients about continuation of services upon the incapacitation or death of a counselor.

Standard C.2.h (Counselor Incapacitation, Death, or Termination of Practice):

Counselors prepare a vitality plan for the transfer of clients and the dissemination of records to an identified colleague or records custodian in the case of their incapacitation, death, retirement, or termination of practice.

The National Association for Addiction Professionals (NAADAC)

The following are the relevant principles from their Code of Ethics:

I-25 Coverage

Addiction professionals make necessary arrangements for coverage and crisis management, to accommodate interruptions in services due to events including but not limited to vacations, illnesses, or unexpected situations.

III-41 Closing Practice

Addiction professionals create a written plan, policy or professional Will for addressing situations involving the Provider’s incapacitation, termination of practice, retirement, or death. Addiction professionals and organizations develop policies regarding continuation of services upon the incapacitation, termination, retirement or death of the provider. Providers notify their clients, when possible, that there has been or will be a change of practice.

American Mental Health Counselor Association Code of Ethics (Revised 2020) C. Counselor Responsibility and Integrity: 1. Competence

The maintenance of high standards of professional competence is a responsibility shared by all CMHCs in the best interests of the client, the public, and the profession. CMHCs:

Recognize that their effectiveness is dependent on their own mental and physical health. Should their professional judgment or competency be compromised for any reason, they seek capable professional assistance to determine whether to limit, suspend, or terminate services to their clients.
Develop a plan for termination of practice, death, or incapacitation by assigning a colleague or records custodian to handle transfer of clients and files.

Counseling & Psychotherapy in Scotland’s Statement of Ethics and Code of Practice

3.7 A member will ensure that their client is well-prepared for the suspension or termination of the working relationship.

In this situation, a member must make every effort to keep their clients informed and empowered to pursue alternative sources of help. A member should also make appropriate arrangements to assist clients in the event of, for example, a sudden death or cessation of business.

EMDR Europe Association Code of Ethics

3.2. Standards of termination and continuity of care

d) Refer clients to alternative sources of assistance, if possible and appropriate, facilitating the transfer and continuity of care through reasonable collaboration with other professionals.

Laws Vary Across States and Change

U.S. State laws relating to emergency planning and professional wills vary. It is the therapist’s responsibility to determine which laws and statutes they need to follow.

Most states require therapists to follow the ethics codes of their disciplines. However, some states have specific requirements. For example:

Florida (Psychologists): Must retain records for 26 months after death. Weekly newspaper notices must be published for four weeks at the time of death and again one month before destruction of records. The estate representative is responsible.
New Jersey (Psychologists): Requires a closure plan for death or incapacity. Records must be kept for 7 years (or until 25 for minors). Newspaper notice must be published monthly for three months, and recent patients must be notified directly
Oregon (Psychologists): Requires naming a “qualified person” (licensed psychologist) to manage records and report their name to the licensing board. Records must be kept for 7 years after the last date of service.
Texas (LPCs and LCSWs): Requires continuity planning for retirement, death, or incapacitation under the Texas Administrative Code (22 TAC §681.41 for LPCs and §781.204 for LCSWs), including a written plan for record access and retention.

It is important to research the laws that apply to you, regarding both your discipline and the laws of the state(s) where you reside and practice.

For multistate practices (e.g., PsyPact), it is recommended that you confirm and follow the most conservative state requirements.