A Summary of the AAMFT Ethics Complaint Process The AAMFT Ethics Committee, hereafter the Committee, investigates ethical complaints made against AAMFT members as described in the AAMFT Procedures for Handling Ethical Matters (AAMFT, 2023): Initiating a Complaint ● Complaints must be initiated by someone with personal knowledge of the alleged behavior or by someone in a position to supply relevant reliable testimony or evidence on the subject. Determining Whether to Open a Case ● The Chair, in consultation with AAMFT’s legal and ethics staff, determines whether the allegations, if factual, constitute a violation of the Code. Consideration by the Full Committee ● The case will be submitted to the full Committee at its next meeting. ● If the Committee determines that a violation has occurred, they will recommend an appropriate sanction based on the severity of the violation. Appeal to Judicial Committee ● The member will be notified and given the opportunity to appeal the Committee’s findings and recommendations to the Judicial Committee. ● The member must provide a written request for a hearing within 15 days after receiving notice of the Ethics Committee’s findings and recommendations. If the member does not appeal within the allotted time, the Ethics Committee’s decision becomes final. Manner of Judicial Committee Hearing ● The member may choose either an in-person hearing or a written review process. In-person hearings are typically held in Alexandria, VA before a Judicial Committee Panel. ● The Judicial Committee panel is required to render its decision within 30 days of the hearing. If the member requests a written review process, the member and the Ethics Committee will provide written submissions to a Judicial Committee Panel, which will review the materials and render its decision within 30 days of the review. Appeal to AAMFT Board of Directors ● A member may make a final appeal to the AAMFT Board of Directors if the member believes that a procedural violation substantially impaired the member’s ability to defend against the charges. ● The Board will review the appeal at its next scheduled meeting and will render a decision within 30 days of the meeting. Confidentiality of Ethics Matters ● All information obtained by the Ethics Committee and all case proceedings are confidential with limited exceptions.
Preliminary Review of a Complaint ● AAMFT staff review the complaint materials for jurisdiction and completeness. ● Complainants must waive therapist-client confidentiality and permit AAMFT to use their name and forward a copy of the allegations to the member, if charged with a violation of the AAMFT Code of Ethics.
● At this time, termination of membership with a permanent bar to readmission is the only sanction that is routinely published in AAMFT’s Family Therapy Magazine. In cases that involve a finding of no violation(s) and cases that involve lesser sanctions, typically the only notification is to the member and complainant. The Procedures permit AAMFT to provide a limited report on an ethics case to a regulatory body or another professional association upon request. If such a report is provided, a copy of the report is sent to the member. Professional association ethics committees, such as the one described previously, as well as any peer review, consultant, or decision-making team, can be viewed as a “third party.” When disclosing confidential material, the guidelines from the code and HIPAA rules regarding confidentiality and disclosure to third parties are applicable in these situations. Counselors, therapists, and other members of professional associations related to the case have a duty to respond as required by the ethics committee, licensing board, courts, or other regulatory agencies; however, they must always follow basic procedures for confidentiality, privacy, and informed consent. If the ethics committee asks for confidential information, or for a statement from the practitioner in reference to a client, the practitioner should ask for a copy of the consent or waiver of confidentiality from the complainant before responding to the request. The ethics committee cannot conduct a review or require a response concerning client record without signed waiver of consent from the client, and that document serves as a waiver of the practitioner’s duty to maintain confidentiality. A complaint packet may be obtained via email to ethics@ aamft.org. Contact AAMFT by phone at 703-838-9808. If a therapist needs assistance or information regarding an ethical question, they can consult with an AAMFT Ethics Case Manager at ethics@aamft.org or 703-253-0471. Members may obtain a formal ethical opinion from the AAMFT Ethics Committee (AAMFT, 2014).
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Book Code: PCUS1525
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