ETHICS 1 ETHICS AND PROFESSIONAL BEHAVIOR Ethics Standards

ETHICS 1

ETHICS AND PROFESSIONAL BEHAVIOR Ethics: Standards of conduct for a profession • • Some issues cannot be handled by codes alone Courts may decide codes are not applicable Values of counselor may conflict with code Codes may conflict with agency policies & practices • Codes tend to spring from past events 2

MORAL PRINCIPLES Moral principles that are the cornerstone of ethical guidelines 1. 2. 3. 4. 5. Autonomy Nonmaleficence Beneficence Justice Fidelity 3

AUTONOMY • Addresses the concept of independence • Freedom of choice & action • Clients make own decisions & act on own values 4

• Important considerations – How client’s values may or may not be received by society – How their values impinge on rights of others – The ability of a client to make sound and rational decisions 5

NONMALEFICENCE • Not causing harm to others • Considered by some to be most critical of all the principles • Not inflicting intentional harm • Not engaging in actions that risk harming others 6

BENEFICENCE • Responsibility to contribute to the welfare of the client • Do good • Be proactive • Do not engage in actions that harm others 7

JUSTICE • Does not mean treating all clients alike • Treating clients equally in proportion to their relevant differences • Should be supported by rationale that explains the necessity and appropriateness 8

FIDELITY • Loyalty, faithfulness, and honoring commitments • Clients must be able to – Trust the counselor – Have faith in therapeutic relationship • Counselor – Must take care not to threaten therapeutic relationship – Leave obligations unfulfilled 9

AREAS OF FOCUS • • Client Welfare Respecting Diversity Disclosures Service Agreements with Other Providers Personal Needs and Values Dual Relationships Fees for Service Confidentiality

• • Records Professional Competence Advertising Professional Credentials Public Responsibility to Other Professionals Relationships with Employers

• Client Welfare – Dignity – Welfare • Respecting Diversity – Nondiscrimination – Respecting differences

• Disclosures – – Goals Procedures Limitations Potential risks and benefits • Service Agreements with Other Providers – Coordination of services – Clear agreements on roles and functions

• Personal Needs and Values – Avoid actions that seek to meet personal needs – Avoid imposing one’s own values • Dual Relationships – Avoid relationships that impair professional judgment – Seek supervision when they cannot be avoided

• Fees for Service – All fees clearly explained upfront – When establishing fees, the financial status and locality of client is considered – Pro Bono services

• Confidentiality – Avoid illegal and unwarranted disclosures – Clear and imminent danger to self or others – Minimal disclosure – Throughout services, clearly define limitations of confidentiality

Informed Consent • • Nature and purpose of treatment Risks/benefits and alternatives Agency policies and procedures Limits of confidentiality

Guideline for E-mailing Client Information • Develop e-mail policies and procedures • Establish a standard turnaround time for responding • Determine what is appropriate message content • Identify the circumstances in which e-mail should not be used • Ascertain if e-mail can be used in an emergency or when the client is in crisis

• Develop procedures to insure client confidentiality and privacy • Establish procedures that will be used to insure the security of data transmission • Obtain informed consent to email • Identify a process for documentation • Determine what client/counselor competencies are necessary in order to utilize e-mail as a method of communication

• Records – Maintain professional records required by agency or law – Records are kept confidential – Permission to record or observe

• Professional Competence – Practice within boundaries of competence – Practice in new areas only after appropriate education, training and supervision – Only accept employment for which one is qualified – Monitor effectiveness of services – Continuing education

• Advertising – Advertisements for products and training events are accurate and disclose adequate information – Actively engage in professional associations • Professional Credentials – Do not misrepresent credentials – Follow the guidelines of credentialing organizations

• Public Responsibility – Nondiscrimination – Sexual harassment – Honest and accurate in reports to third parties – Media presentations

• Responsibility to Other Professionals – Different approaches – Personal public statements • Group – Screening – Safety

• Termination and Referral – Abandonment prohibited – Inability to assist clients

• Relationships with Employers – Role definition – Agreements – Negative conditions – Professional evaluation – In-services – Goals

– Practices – Personnel selection – Discrimination – Professional conduct – Exploitative relationships

ETHICAL DECISION-MAKING MODEL 1. Identify the problem 2. Apply a code of ethics 3. Determine the nature and dimensions of the dilemma 4. Generate potential courses of action 28

5. Consider the potential consequences of all options, choose a course of action 6. Evaluate the selected course of action 7. Implement the course of action 29

IDENTIFY THE PROBLEM • Gather information • Outline the facts • Determine if it is an ethical, legal, professional or clinical problem 30

• Is the issue related to – Counselor interventions – What client or significant others are doing – Agency policies & procedures 31

APPLY CODE OF ETHICS • Refer to a code of ethics • Determine if there is an applicable standard/s • If so, follow the course of action indicated • If problem is more complex, proceed with the next 5 steps 32

DETERMINE THE NATURE & DIMENSIONS OF DILEMMA • Consider the moral principles – Which principles apply to situation – Which principle takes priority – If each is of equal value, determine priorities when two or more are in conflict 33

• Review relevant professional literature to ensure following current professional thinking • Consult with experienced professionals • Consult professional association 34

GENERATE POTENTIAL COURSES OF ACTION • • Brainstorm all possible courses of action Be creative Consider all options Enlist assistance of colleagues to help generate options 35

CONSIDER CONSEQUENCES, DETERMINE COURSE OF ACTION • Evaluate each option • Assess potential consequences for all parties involved for each option • Consider implications – Client – Others – Yourself 36

• Eliminate options – Do not give desired results – Create more problems • Choose option – Best fits the situation – Addresses identified priorities 37

EVALUATE SELECTED COURSE OF ACTION • Does your choice present new ethical issues • Review selected course of action – Would you treat others the same in this situation – Would you want your behavior reported in the press – Would you recommend the same course of action to others in same situation 38

• Should be able to answer yes to the previous three questions 39

Counselor probably acting in ethical way if: 1. 2. 3. 4. Maintained personal and professional honesty Action in best interest of the client Action is without malice or personal gain Actions represent best judgment of what should be done based upon current state of the profession 40