fundamental principles of professional ethical behavior
1)
autonomy
, or fostering the right to control the direction of one's life
2)
nonmaleficence
- or avoiding actions that cause harm
3)
beneficence
- or working for the good of the individual and society by promoting mental health and well-being
4)
justice
shorthand: principles of ethical behavior
autonomy
nonmaleficence
beneficence
justice
fidelity
veracity
code of ethics purpose
1) set forth ethical obligations of ACA members and provide guidance intended to
inform the ethical practice
of professional counselors
2)
identify ethical considerations
relevant to professional counselors and counselors-in-training
3) enable the associa
shorthand: code of ethics purpose
1) inform practice
2)identify relevant
considerations
3)
clarify
the nature of responsibilities
4)
construct
course of action
5)support mission
6) process inquiries and
complaints
SECTION A - the counseling relationship
to facilitate cient growth, foster interest and wefare of cients, truct is the cornertone, have the respnsibility to respect clients privacy and confidentiality, understand diverse cultural backgrounds, and how the cultrual background of the councelor may
shorthand: the counseling relationship
1)facilitate client growth
2)foster interest & welfare
3)trust
4)respect privacy & confidentiality
5)understand cultural backgrounds
6)pro bono
A.1. client welfare
...
A.1.A primary responsiblity
respect the dignity and promote the welfare of clients
a.1.b. records and documentation
create safeguards and maintain documentation necessary for rendering professional services - timely documentation, accurately reflects clients progress and services provided,
a.1.c. counseling plans
counselor and client work jointly to devise a counseling plan, with reasonable promise of success that are consistent with the abilities, temperament, developmental level, and circumstances of clients - review and revise for effectiveness
support network involvement
Counselors recognize that support networks hold various meanings with clients and support understanding and involvement of others
informed consent in the counseling relationship
on going process, clients have the freedom to enter or remain in counseling, counselor must give writen and verbal obligations, rights and responsibilities of both client and counselor
types of information needed
inform client about nature of services, purpose, goals, techniques, procedures, limitations, potential risks, benefits of service, counselors qualifications, credentials, experience, and approach to counseling - make sure the client understands implicatio
types of information needed: narrative
1)what are we doing: nature of services, purpose, goal
2)how are we going to do it: techniques, procedures
3)what's the outcome: limitations, risks, benefits
4)who am I to do it: qualifications, credentials, experience, & approach
5)understand services: i
developmental and cultural sensitivity
Counselors communicate info. in ways that are developmentally and culturally appropriate. Counselors use clear and understandable language when discussing issues related to informed consent. When clients don't understand the language, counselors provide a
inability to give consent
When counseling minors, incapacitated adults, or other persons unable to give voluntary consent, counselors seek the assent of clients to services as appropriate.
When counseling minors, incapacitate
mandated clients
Counselors discuss the required limitations to confidentiality when working with clients who have been manadated for counseling. Counselors explain what type of info. and with whom the info. is shared prior to counseling.
clients served by others
When counselors learn that their clients are in a professional relationship with other MH prof. they request release from clients to inform the other professional and strive to establish a positive collaborative relationship.
A.4. avoiding harm and imposing values
...
avoiding harm
avoid harming clients, trainees, research participants and to minimize or remedy any unavoidable or unanticipated harm
personal values
avoiding imposing personal values, attitudes, bbeliefs and behaviors on client - respect diversity of client - especially when values are inconsistent with the client's goals or are discriminatory in nature
A. 5. prohibited noncounseling roles and relationships
...
sexual and/or romantic relationships prohibited
no with current clients or their romantic partners or family memebrs are prohibited - both in personal and electronic relationships
previous sexual and/or romantic relationships
no counseling for those the counselor has had a previous relationship with
sexual and/or romantic relationship with former clients
prohibited for a period of 5 years following the last contact - in person and electronic - before start must be documented if interaction could be exploitive in any way or harm former client
friends and family members
no because counselor can not remain objective
personal virtual relationships with current clients
prohibited, such as social media
A. 6. manaing and maintaining boundaries and professional relationships
...
a.6.a. previous relationships
consider risk of having clients with those whom they have had a previous relationship - if accept then take precautions such as informed consent, consultation, supervision and documentation to ensure that judgment is not impaired and no exploitation occur
extending counseling boundaries
counselors consider the risks and benefits of extending current counseling relationships beyond conventional parameters. ex. wedding ceremony or graduation - if these boundires are extended then documet to ensure that judgement is not impaired and no harm
documenting boundary extensions
When counselors extend boundaries they must document the rationale for such an interactions, benefit, anticipate consequences for the client. - if cause harm then must show evidence of an attempt to remedy such harm
role changes in the professional relationship
if there is a role chage then obtain a new informed consent form client and explain clients right to refuse services Ex.change from individual to family counseling, change from evaluative role to a therapeutic role, change form a counselor to a mediator r
nonprofessional interactions or relationships (other than sexual or romantic interactions or relationships)
Counselors avoid nonprofessional relationships with former clients, their romantic partners, or their family members when the interaction is harmful to the client.
A. 7. roles and relationshps at individaul, group, institutional, and sociatal levels
...
advocacy
to address potential barriers and obstacles that inhibit access and or the growth and development of clients
confidentiality and advocacy
Counselors obtain client consent prior to engaging in advocacy efforts on behalf of a client.
A. 8. multiple clients
when providing services to two or more persons who have a relationship, clarify at the outset which person or persons are clients and the nature of the relationship each will have with the counselor - potentially will have conflicting roles counselor will
A. 9. group work
...
screening
process to select members whose needs and goals are compatible with the goals of the group and will not impede the group process and whose well-being will not jeopardized by the group experience
protecting clients
take reasonable precautions to protect clients from physical, emotional or psychological trauma
A. 10. fees and business practices
...
self-referral
if working with a client in the setting such as a school agency or institution that already provides counseling, then cannot refer them to your personal practice unless organization gives explicit guidelines for doing so - must inform clients of other ser
unaccetable business practice
no fee splitting, give or receive commissions, rebates when referring clients for professional services
establishing fees
consider the financial status of the client and location live in, if the usual fees creates a hardship for the client may adjust fee, or assist client to receive other comparable, affordable services
nonpayment of fees
if intend to use collection agencies or take legal action toward a client for nonpayment this information must be in the informed consent document, and inform client of such action in a timely manner so the client has the opportunity to make payment
bartering
may barter if it does not result in exploitation or harm, if client requests it, and if such arrangements are accepted practice among professionals in the community - must consider the cultural implication and document such an agreement in clear written c
receiving gifts
this is a challenge -in some cultures a small gift are tokens of respect and gratitude - take into account the therapeutic relationship and what is the monetary value of the gift, and the motivation for giving of such a gift to decide whether or not to ac
A. 11. termination and referral
...
competence within termination and referral
if counselors lack the competence to assist clients they avoid entering into the counseling relationship
values within termination and referral
refrain from referring due to personal values, beliefs, and behaviors - respect diversity of clients nd seek training in areas at which they are at risk of imposing their values onto clients - especially when values are inconsistent with clients goals or
appropriate termination
Counselors terminate a counseling relationship when it is apparent the client no longer needs assistance, is not likely to benefit or is being harmed - or when client does not pay the fee - provide pre- termination counseling and recommend other services
appropriate transfer of services
when counselors transfer clients to other practitioners they ensure proper processes are completed and open communication is maintained with both.
When counselors transfer or refer client
abandonment and client neglect
According to ACA, "counselors do not abandon or neglect clients in counseling. Counselors assist in making appropriate arrangements for the continuation of treatment, when necessary, during interruptions such as vacations, illness, and following terminati
SECTION B - confidentiality and privacy
trust is the cornerstone of the counseling relationship - aspire to earn clients trust as an ongoing partnership, boundaries, - must communicate the parameters of confidentiality in culturally competent manner
B.1. respecting client rights
...
B.1.a. multicultural/diversity considerations
sensitivity regarding cultural meanings of confidentiality and privacy - respect differing views to disclosure of information - hold ongoing discussions as to how, when, and with whom information will be shared
B.1.b. respect for privacy
respect privacy of current clients - only when it is beneficial to current process
respect for confidintiality
protect confidential information of prospective and curent clients - disclose only when appropiate consent or with sound leagal or ethical justification
explanation of limitations
at initiation and throughout the process inform clients of limitations of confidentiality and seek to identify situations in which confidentiality must be breached
B.2. exceptions
...
b.2.a. serious and foreseeable harm and legal requirements
keep information confidential does not apply when disclosure is required to protect clients or identified others from serious and foreseeable harm or when legal requirements demand that confidential information must be revealed. consult with other profess
confidentiality regarding end-of-life decisions
counselors who provide services to the terminally ill may maintain confidentiality regarding hastening their own death - depending on applicable laws and specific circumstances of the situation and after seeking professional and legal parties
contagious, life-threatening diseases
when clients disclose have a disease commonly known to be both communicable and life threatening, counselors may be justified in disclosing information to third parties - or if the parties are known to be at serious and foreseeable risk of contracting the
court-ordered disclosure
when ordered to release without clients permission, seek to obtain written informed consent from client - or take steps to prohibit disclosure or have it limited as narrowly as possible due to potential harm to the client and the relationship
minimal disclosure
If you (counselor) break confidentiality, you only reveal what is necessary (i.e., minimal amount) and when possible inform the client that you are going to disclose confidential information. clients to be involved in disclosure and decision-making proces
B.3. information shared with others
...
B.3.a. subordinates
make every effort to ensure subordinates keep privacy and confidentiality of clients - includes employees, supervisees, students, clerical assistants and volunteers
interdisciplinary teams
when service involve participation by an interdisciplinary or treatment team, client will be informed of the team's existence and composition and what information would be shared and purpose of sharing such information
confidential settings
discuss confidential information in settings which can ensure client confidentiality
third-party payers
disclose only when client has given authorization to disclose information
transmitting confidential information
take precautions to ensure confidentiality of all info transmitted through the use of any medium
deceased clients
still need to protect - only release with legal requirement and the documented preference of the client
B.4. groups and families
...
B.4.a group work
clearly explain importance of confidentiality for the group
couples and family counseling
clearly define who is considered "the client" - discuss expectations and limitations of confidentiality - seek agreement document in writing regarding confidentiality of info - if no agreement the couple or family is considered to be the client
B.5.clients lacking capacity to give informed consent/responsibility to clients
minors or adults who lack the capacity voluntary, informed consent - protect information within the relationship as specified by federal and state law, written policies and applicable ethical standards
b.5.b. responsibility to parents and legal guardians
inform parents and legal guardians about the role of the counselor and confidential nature of the counseling relationship, consistent with current legal and custodial arrangements - be sensitive to cultural diversity and respect the inherent rights and re
release of confidential information
with minor clients or adults who lack the capcity to give voluntary consent to release confidential info counselors seek permission from an appropriate third party to disclose info - info client as much as they understand and safeguard as much as possible
B.6. records and documentation
...
b.6.a creating and maintaining records and documentation
create and maintain records necessary for giving professional services
confidentiality of records and documentation
ensure that docs are kept secure no matter what form or medium they are in and only authorized persons have access
permission to record
must obtain permission from client before allowing any person to review sessions or transcripts or recordings of sessions with supervisor faculty, peers, or anyone in training
permission to observe
According to ACA, "counselors obtain permission from clients prior to allowing any person to observe counseling sessions, review session transcripts, or view recording of sessions with supervisors, faculty, peers, or others within the training environment
client access
According to ACA, "Counselors provide reasonable access to records and copies of records when requested by competent clients. Counselors limit access only when there is COMPELLING EVIDENCE that such access would cause harm to clt. Counselors document the
assistance with records
clients request access to records - must provide assistance with interpreting counseling records
disclosure or transfer
Unless exceptions to confidentiality, obtain written permission from client to disclose or transfer records to a legitimate third party - steps to ensure the receiver of records are sensitive to the confidential nature
storage and disposal after termination
must store after termination to ensure reasonable futre access - in accordence with federal and state law, statutes and licensure laws and plicies - dispose of records in a manne that protects confidentiality - apply careful discretion before destroying t
reasonable precautions
to protect cient confidentiality in event of the couselors terminatin of practice, incapcity or death and appoint a records custodiam when identified as appropriate
B.7. case consultation
...
B.7.A respect for privacy
info that is shared in a consulting relationship is discussed for professinal pupose only - written and oral reports prsent only data germane to the purposes of the consult and every effort is made to protect client identity and to avoid undue invasion of
disclosure of confidential information
when consulting with colleagues do not disclose confidential info that could lead to the identity of the client or other person or organization with who they have a confidential relationship unless have obtained prior consent - or the disclose of info is
SECTION C
aspire to open, honest and accurate communication in dealing with the public - facilitate access to counseling services in a nondiscriminatory manner - help to improve and develop counseling - promote changes to individuals and quality of life and remove
C.1. knowledge of and compliance with standards
must read and understand ACA code of ethics and adhere to them
C.2.A professional competence/ boundaries of competence
practice only within boundaries of competence, based on education, training, supervised experience, state and national professional credentials and experience, - multicultural counseling requires across all counseling specialties and need to gain knowledg
new specialty areas of practice
in areas new to counselors only after appropriate training and supervised experience - develop skills in new area - take steps to ensure competence of their work and protect others from harm
qualified for employment
accept employment only for positions for which are qualified given education, training, supervised experience, state and national professional credentials and experience and are competent for those positions
monitor effectiveness
continually monitor their effectiveness as professionals and take steps to improve when necessary - seek peer supervision to evaluate their efficacy as counselors
consultations on ethical obligations
take responsible steps to consult with other counselors, ACA ethics and professional standards when have questions regarding ethical obligations or professional practice
continuing education
recognize the need to continuing education to acquire and maintain reasonable level of awareness of current scientific and professional info - and to maintain competence in the skills they use, new procedures and best practices for working with diverse po
impairment
monitor self for physical mental emotional problems and refrain from providing services when impaired - seek help - limit or terminate professional responsibilities until safe to resume - help other professionals to see if they have any problems that woul
counselor incapacitation, death, retirement, or termination of practice
prepare a plan for the transfer of clients in such cases and identify a colleague or records custodian
advertising and soliciting clients
must identify credentials in an accurate manner, not false, misleading, deceptive or fraudulent
testimonials
do not solicit them from current clients or former clients or anyone who may be vulnerable - talk about permission and implications of such testimonials
statements of others
make efforts to ensure that statements made by others about the counseling profession are accurate
recruiting through employment
do not use place of employment to recruit clients for private practice
products and training advertisements
if develop products or do workshops make sure that the advertisement for this is accurate and disclose adequate info for consumers to make informed choices
promoting to those served
do not use counseling, teaching, training or supervisory relationships to promote their products or training events in a manner that is deceptive or would exert undue influence - educators may adpot textbooks they have written for instructional purposes
C.4. professional qualifications
...
c.4.a. accurate representation
claim or imply only stuff you have actually completed and are qualified for to others - be truthful - be clear about what you are paid for and what is volunteer experience, continuing education and specialized training
credentials
claim only licenses or certs that are currently in good standing
educational degrees
differentiate between earned and honorary degrees
implying doctoral-level competence
clearly state their highest earned degree -do not imply doctor when you only have masters - don't self refer as "Dr.
accreditation status
accurately represent the degree program and college / university
professional membership
clearly differentiate between current and past membership associations
nondiscrimination
do not condone or engage in discrimination of prospective or current clients, students, employees, supervisees, research participants, based on age, culture, disability, ethnicity, race, religion, gender, or identity, sexual orientation, marital status, l
C.6. public responsibility
...
c.6.a sexual harassment
do not engage or condone sexual harassment - can be a single or multiple prsistnt or severe act
reports to third parties
be accurate, honest and objective in reporting professional judgements to appropriate third parties like courts, health insurance, and evaluation reports
media presetations
when provide advice or comments by public lectures, demonstration, radio and such must take precautions to
1) statements based on professional counseling literature and practice
2)consistent withACA ethics
3) recipients of info are not encourage to infer
exploitation of others
do not exploit others
contributing to the public good pro bono
make reasonable effort to provide services to the public at little or no financial return
C.7. treatment modalities
...
c.7.a scientific basis for treatmetn
techniques, procedures, modalities are grounded in theory and have empirical or scientific foundation
development and innovation
when using a developing or innovative technique or procedure must explain the potential risks and benefits and ethical considerations - work to minimize risks and harm
harmful pratices
do not use tech when there is evidence suggesting harm even if such services are requested
personal public statements
statements in the public context - clarify they are speaking from their personal perspectives and are not speaking on behalf of all counselors or the profession
SECTION D
recognize the quality of their interactions with colleagues can influence quality of services provided to clients - develop a positive working relationship and communication with colleagues to enhance services to clients
d.1. relationships with colleagues, employers and employees
...
d.1.a. different approaches
be respectful of approaches that are grounded in theory or empirical or scientific foundation but they differ from their own - acknowledge expertise of others in professional groups and respectful fo their practices
forming relationship
work to develop and strengthen relationships with colleagues from other disciplines to best serve clients
interdisciplinary teamwork
...
establishing professional and ethical obligations
members of interdisciplinary teams work together with team members to clarify professional and ethical obligations of the team as a whole and as individuals members - if a decision raises ethical questions first attempt to resolve the concern within the t
confidentility
required by law policy or extraordinary circumstances to serve more than one role in judicial or administrative proceedings must clarify role expectations and parameters of confidentiality with colleagues
personnel selection and assignement
select competent staff and assign responsibilities compatible with their skills and experience
employer policies
when accept employment with an agency or institution you are agreeing with its general policies and principles - strive to reach agreements with employers regarding acceptable standards of client care and conduct that allow for changes in institutional po
negative conditions
alert employers of inappropriate policies and practices - attempt to effect change - if potentially disruptive or damaging to clients and cannot effect change action may include referral to appropriate certification state licensure organization or termina
protection from punitive action
do not harass a colleague or dismiss an employee who has acted in a responsible ethical manner to expose inappropriate policies and practices
d.2. provision of consultation services
...
consultant competency
take reasonable steps to ensure have appropriate resources when providing consultation services - give referral resources when requested or needed
informed consent in formal consultation
have an obligation to review in writing and verbally the rights and responsibilities of both counselor and consultees - use clear and understandable language about the purpose of the services to be provided and risk and benefits and limits of confidential