CHAPTER 6 Ethical Legal and Professional Issues in

CHAPTER 6: Ethical, Legal, and Professional Issues in Family Therapy: History, Theory, and Practice 6 th Edition Samuel T. Gladding Developed by Nathaniel N. Ivers, Wake Forest University © (2015, 2011, 2007) by Pearson Education, Inc. All Rights Reserved

Overview • Ethics and Values • Ethical Decision-Making Guidelines • Common Ethical Concerns and Addressing Unethical Behavior • Legal Issues and Relevant Laws • Managed Care • Professional Identity Gladding, Family Therapy: History, Theory, and Practice, 6 th Ed. © (2015, 2011, 2007) by Pearson Education, Inc. All Rights Reserved 6 -2

Ethics • “A discipline within philosophy concerned with human conduct” (Bradley & Hendricks, 2008, p. 261). • Moral principles from which individuals and social groups determine rules for right conduct • Groups, including family and society governed by relationship ethics • Equitability • Caring Gladding, Family Therapy: History, Theory, and Practice, 6 th Ed. © (2015, 2011, 2007) by Pearson Education, Inc. All Rights Reserved 6 -3

Values • Beliefs and preferences, “the ranking of an ordered set of choices from the most to the least preferable (Spiegel, 1971, p. 53). • Four domains of values: • Personal • Family • Political/Social • Ultimate Gladding, Family Therapy: History, Theory, and Practice, 6 th Ed. © (2015, 2011, 2007) by Pearson Education, Inc. All Rights Reserved 6 -4

Guidelines for Making Ethical Decisions • Codes of Ethics • Educational Resources • Professional Consultation • Interactions with Colleagues and Supervisors • • Family therapy supervision • Bug-in-the-ear Supervision Metaethical Principles Gladding, Family Therapy: History, Theory, and Practice, 6 th Ed. © (2015, 2011, 2007) by Pearson Education, Inc. All Rights Reserved 6 -5

Metaethical Principles • Autonomy • Nonmaleficence • Beneficence • Fidelity • Justice Gladding, Family Therapy: History, Theory, and Practice, 6 th Ed. © (2015, 2011, 2007) by Pearson Education, Inc. All Rights Reserved 6 -6

Common Ethical Concerns • Confidentiality • Gender Issues • Sex Between Therapist and a Family Member • Theoretical Techniques • Multicultural Therapy Issues • Use of the Internet for Online Therapy Gladding, Family Therapy: History, Theory, and Practice, 6 th Ed. © (2015, 2011, 2007) by Pearson Education, Inc. All Rights Reserved 6 -7

Avoiding Unethical Decisions • Consult with colleagues • Study cases • Operate from a theoretical position • Develop policies and strategies beforehand • Receive supervision or peer consultation Gladding, Family Therapy: History, Theory, and Practice, 6 th Ed. © (2015, 2011, 2007) by Pearson Education, Inc. All Rights Reserved 6 -8

Addressing Unethical Behavior • When ethical behaviors come to the family therapist’s attention 1. Discuss violation directly with the professional in question 2. If not resolved with step 1, report it to an appropriate professional association 3. Inform appropriate licensure or certification boards Gladding, Family Therapy: History, Theory, and Practice, 6 th Ed. © (2015, 2011, 2007) by Pearson Education, Inc. All Rights Reserved 6 -9

Legal Issues in Family Therapy • Law – “a body of rules recognized by a state or community as binding on its members (Shertzer & Stone, 1980, p. 386). • Liability – legal term associated with obligation and responsibility one person has to another • Civil liability • Criminal liability • Administrative liability Gladding, Family Therapy: History, Theory, and Practice, 6 th Ed. © (2015, 2011, 2007) by Pearson Education, Inc. All Rights Reserved 6 -10

Types of Law • Common Law • Statutory Law • Administrative (Regulatory) Law • Case Law (Court Decisions) • Civil Law • Criminal Law Gladding, Family Therapy: History, Theory, and Practice, 6 th Ed. © (2015, 2011, 2007) by Pearson Education, Inc. All Rights Reserved 6 -11

Issues of Law in Family Therapy • Malpractice • Records • Liability Insurance • Child abuse • Child Custody • Durable Powers of Attorney Gladding, Family Therapy: History, Theory, and Practice, 6 th Ed. © (2015, 2011, 2007) by Pearson Education, Inc. All Rights Reserved 6 -12

Managed Care • Emerged in the 1980 s to change the fee-forhealth care system • By 2000, approximately 60% of Americans enrolled in health care programs covered by managed care contract • Continues to increase. Gladding, Family Therapy: History, Theory, and Practice, 6 th Ed. © (2015, 2011, 2007) by Pearson Education, Inc. All Rights Reserved 6 -13

How Managed Care Affects Family Therapists Impacts the following: • Availability of practitioners • Length of treatment • Type of treatment received • Compensation received Gladding, Family Therapy: History, Theory, and Practice, 6 th Ed. © (2015, 2011, 2007) by Pearson Education, Inc. All Rights Reserved 6 -14

Managed Mental Health Care • Branch of managed health care that focuses on mental health services • Utilization review • Capitated contract • Care pathway guidelines Gladding, Family Therapy: History, Theory, and Practice, 6 th Ed. © (2015, 2011, 2007) by Pearson Education, Inc. All Rights Reserved 6 -15

Professional Identification • Characteristics of marriage and family therapists • Organizations associated with family therapy • AAMFT • AFTA • Division 43 of APA: Society of Family Psychology • IAMFT • NCFR • Education of family therapists • Issues in Professional Identification Gladding, Family Therapy: History, Theory, and Practice, 6 th Ed. © (2015, 2011, 2007) by Pearson Education, Inc. All Rights Reserved 6 -16