AZBBHE Dual Relationship and Boundary Violation Attorney

Arizona behavioral health professionals may face allegations involving dual relationships, conflicts of interest, gifts, friendships, social media contact, or overlapping personal and professional roles. These cases are highly fact-specific. Contact outside therapy does not automatically establish a violation; AZBBHE considers the nature of the relationship, whether it was avoidable, and whether it affected—or risked affecting—the client or the licensee’s professional judgment. 

Lavy Law represents counselors, social workers, marriage and family therapists, and substance abuse counselors in investigations and disciplinary proceedings before the Arizona Board of Behavioral Health Examiners (AZBBHE). 

What Is a Dual Relationship Under Arizona Law? 

Under A.R.S. § 32-3251(16)(y), unprofessional conduct includes engaging in a dual relationship with a client that could impair the licensee’s objectivity or professional judgment or create a risk of harm. 

A dual relationship involves simultaneous professional and nonprofessional relationships when the additional relationship is avoidable and not incidental. Accordingly, an unexpected encounter or unavoidable community interaction is not necessarily treated the same as an ongoing friendship, business relationship, or other intentional personal involvement. 

Actual harm is not always required. The Board may consider whether the relationship created a risk of harm or could have impaired professional judgment. 

Common Boundary Allegations 

A complaint that falls under A.R.S. § 32-3251(16)(y) may involve the following conduct with a current client: 

• Providing therapy to an existing friend, employee, coworker, or business associate; 
• Developing a personal friendship during treatment; 
• Accepting expensive or repeated gifts; 
• Bartering, lending money, or entering a business arrangement; 
• Providing housing, financial assistance, or extensive personal support; ● Excessive personal texting or self-disclosure; 
• Connecting through a personal social-media account;
• Attending personal or family events; or 
• Serving in conflicting professional roles, such as therapist and evaluator, mediator, advocate, or witness. 
• Using text messages or email for extensive personal or clinical discussions rather than limited administrative communication; 
• Allowing a client to become involved in the licensee’s personal life;
• Accepting substantial personal assistance from a client, such as help moving, packing, transportation, or other favors; 
• Relying on a client for emotional or relational support; or 
• Recognizing that boundaries are becoming blurred but failing to seek supervision or consultation. 

The context matters. Unavoidable contact in a rural, religious, cultural, school, or recovery community may be evaluated differently from a concealed or intentional personal relationship. 

Potential Defenses and Mitigating Factors 

Depending on the facts, possible defenses include: 

• The contact was non-intentional or unavoidable; 
• No separate nonprofessional relationship existed; 
• The conduct occurred only after treatment ended; 
• Professional objectivity remained intact; 
• There was no exploitation, personal benefit, or client harm; 
• Clear boundaries and informed consent were established; 
• The licensee obtained supervision or consultation; 
• The complaint is contradicted by records or communications; or
• The licensee promptly corrected the concern and completed appropriate remediation. 
• No prior disciplinary history; 
• Candid acknowledgment of the boundary violation; and 
• Demonstrating insight into how the boundary developed and how recurrence will be prevented. 

Even when some boundary error occurred, the circumstances may support education or supervision rather than severe discipline. 

Possible Disciplinary Outcomes

AZBBHE treats boundary violations seriously because they can compromise the “sacred space” of the therapeutic relationship and shift the focus away from the client’s needs. Depending on the seriousness of the conduct, AZBBHE may dismiss the complaint, issue a letter of concern, impose probation with education requirements, restrict practice, or pursue suspension or revocation. 

In determining discipline, the Board considers client vulnerability, harm or exploitation, the licensee’s disciplinary history, credibility, acceptance of responsibility, and efforts to prevent recurrence. 

If the Board needs more information to determine the licensee’s competence or ability to practice safely, the Board may order the licensee—at the licensee’s expense—to undergo a mental, physical, or psychological evaluation. The evaluation may then inform the Board’s decision concerning discipline, treatment, monitoring, or practice restrictions. A.R.S. § 32-3281(B) 

Why Early Legal Representation Matters 

A licensee’s initial description of the relationship can significantly affect the investigation. Referring to a client as a “friend,” producing text messages without adequate review, or characterizing the relationship as “consensual” may unintentionally support the allegation or create additional confidentiality concerns. 

An attorney can help identify the governing standards, preserve and evaluate evidence, prepare a focused response, and explain the clinical or community context without making unnecessary admissions. 

Frequently Asked Questions