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Client Abandonment and Potential Ethical Concerns

Kathleen D. Weissberg, OTD, OTR/L, CMDCP, CDP, CFPS, OTD, OTR/L, CMDCP, CDP, CFPS, CGCS

July 23, 2019

Question

Can you explain client abandonment and any potential ethical concerns regarding changing employment?  

Answer

For a variety of reasons, such as leaving a practice to pursue other career opportunities or relocating for family reasons, clinicians may decide to end their relationships with clients. There is nothing unethical about such departures. Maintain their focus on the welfare of the client, even when, as clinicians, they decide to end their relationships with employers or patients is key. Adequate notice is necessary to prevent treatment disruptions, but even when given adequate notice, employers may be tempted to pressure or threaten departing clinicians to stay or give unreasonable amounts of notice.  Caution managers of care-giving facilities that it is unethical to try to exert moral pressure on clinicians to continue once they have indicated their plans to leave. However, professionals must be mindful of the fact that such departures may result in former clients being left without the appropriate care. When clinicians leave a caseload without coverage by an appropriately qualified professional, it is called client abandonment. Prior to departing, a professional must make effective efforts to provide for the patient's continuing care. The more seamless the transition for the patient, the better.

Examples of misconduct may include the following:

  • failing to give sufficient notice to employers when leaving a position
  • failing to provide an interim plan for each client
  • failing to complete all remaining reports, billing slips, and other required paperwork
  • withholding paperwork so that the clinician's successor does not have access to the client's entire record
  • removing materials, records, protocols, and other administrative materials without the consent of the administrator of the facility or organization
  • maligning, in the presence of clients, the facility or organization the professional is leaving
  • recruiting clients for the new employment setting

A professional who is leaving a facility should, if requested, assist the organization with the recruitment of a replacement and should offer to participate in the orientation of replacement personnel as necessary.  Therapists who leave an organization or facility should attempt to sever ties with the employer amicably. Employers should cooperate in every way with departing clinicians in order to safeguard the well-being of clients. When the therapist’s departure has been precipitated by difficulties in workplace relationships or what the clinician regards as deficiencies in working conditions, there may be increased potential for behavior that violates the principles and rules of the Code of Ethics. Professionals in such situations should avoid engaging in behaviors that might be viewed as retaliatory or slanderous. Angry and spiteful words, obstructive actions, and uncooperative or aggressive behavior are potentially very harmful to clients and reflect badly on the profession. If a clinician is dismissed for cause, the employee's responsibility to clients terminates with the dismissal, and the facility assumes all responsibility for seeing that no clients suffer harm as a result of the departure.

 


kathleen d weissberg

Kathleen D. Weissberg, OTD, OTR/L, CMDCP, CDP, CFPS, OTD, OTR/L, CMDCP, CDP, CFPS, CGCS

In her 30+ years of practice, she has worked in rehabilitation and long-term care as an executive, researcher, and educator.  She has established numerous programs in nursing facilities and authored peer-reviewed publications on topics such as low vision, dementia, quality care, and wellness. She has spoken at numerous conferences, both nationally and internationally. She provides continuing education support to over 30,000 therapists, nurses, and administrators nationwide as National Director of Education for Select Rehabilitation. She is a Certified Alzheimer’s Disease and Dementia Care Trainer, Certified Dementia Care Practitioner, Certified Montessori Dementia Care Practitioner, Certified Fall Prevention Specialist, a Certified Geriatric Care Practitioner, and Trauma Informed Educator.  She serves as the Region 1 Director for the American Occupational Therapy Association Political Action Committee and is an adjunct professor at Gannon University in Erie, PA.


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