CEO 85-36 -- May 23, 1985

CONFLICT OF INTEREST

DEPARTMENT OF CORRECTIONS PSYCHOLOGIST ENGAGING IN PRIVATE COUNSELING

To: Mr. Robert W. Whitford, Psychologist, Department of Corrections, Tampa

SUMMARY:

No prohibited conflict of interest would be created were a psychologist employed by the Department of Corrections to provide private mental health services to families of offenders and offenders on probation or parole who are referred by persons or agencies having no relationship with the Department. CEO 82-41 is referenced.

QUESTION:

Would a prohibited conflict of interest be created were you, a psychologist employed by the Department of Corrections, to provide private mental health services to families of offenders and offenders on probation or parole who are referred by persons or agencies having no relationship with the Department?

Your question is answered in the negative.

In your letter of inquiry you advise that you are employed as a Psychologist by the Department of Corrections. In that position, you are responsible for providing psychological screening and testing of inmates; conducting individual, group, family, and crisis counseling; and training and supervising community volunteers and interns. You question whether you may provide private mental health services to families of offenders and offenders on probation or parole who are referred by persons and agencies having no relationship with the Department. Finally, you advise that your request is essentially the same as that presented in CEO 82-41.

In CEO 82-41 we advised that the Mental Health Program Coordinator for the Department of Corrections could offer private counseling to families of inmates to assist in family integration and re-socialization following the inmates' release from prison. We conclude that the rationale of this opinion applies equally to your situation.

Accordingly, we find that no prohibited conflict of interest would be created were you to provide private mental health services to families of offenders and offenders on probation or parole under the circumstances you have outlined. As in CEO 82-41, we also advise you to strictly avoid any use of your position or departmental resources in this private endeavor.