___________________________________ Code of Ethics for Counselors and Marriage and Family Therapists
A greater concern is the publishing or posting of information and photos by others that the therapist is unable to control. The counselor or therapist should always be aware of informa- tion or pictures online that can be accessed by the public, and the lack of security of online postings. Practitioners must use caution with online communication including emails, text messages, blogs, tweets, photos, and other social media posts. Their online presence must be pro- fessional and cannot cause harm to a client or anyone view- ing the information. Professional counselors and therapists may not cross boundaries and interact as friends in real life; however, clients and others may become confused online with terms like “friending” on Facebook. This is something that the professional should never do. If personal information or a status with someone is posted on Facebook, it is open to be reposted and viewed by anyone who is associated with the person that reposted the information, unless specific privacy settings are in place. Any counselor or therapist with a professional website, net- working site, or social media page should review their code of ethics as well as any state or federal laws that regulate tech- nology or practice in and outside the state boundaries of the professional license. In recent years, many systems have been compromised, hacked, or cracked. These violations have resulted in lost or stolen personal, medical, and financial information. The practitio- ner can never be completely confident that they can protect the privacy rights of their clients when using technology for communication or distance services. Practitioners must follow numerous safeguards and be vigilant when using technology in their practice. Revisions to the code of ethics have addressed the benefits and the risks of technology use and the provision of distance services. The use of technology affects the components of confidentiality, privilege, legal jurisdiction, client safety, duty to warn, and quality of the practitioner–client relationship. HIPAA laws provide extensive regulation of any information gathered, transmitted, and stored using all forms of technology including audio, visual, computer, fax, and phone. The expanded use of technology and social media in service delivery brought many ethical conflicts to the forefront. The revised codes in this course contain guidelines in this area; however, as the technology continues to change the therapist and counselor must remain vigilant, review the sections on ethical technology use, and collaborate with other professionals to make sound ethical decisions. The course will address the guidelines in codes of ethics and the requirements defined within the HIPAA Privacy Rule, which governs the use of new technology and social media to prevent unintentional, or accidental, violations of privacy. In addition, the counselor and therapist must maintain close contact with their professional associations and stay abreast of any code revisions and guidance. They must also stay informed
to identify changes in state and federal laws related to informed consent, confidentiality, duty to warn, and privacy when using technology.
ETHICAL DECISIONS Ethical decision-making is a process that involves the informed judgment of the counselor and the therapist. The codes advise that there will be issues with clients that contain ethical ques- tions with no simple answers. The practitioner should consider how their actions would be judged in a peer review process and what ethical standards would apply. The codes stress that the practitioner should seek consultation from professionals in their employing organizations, state board, or professional associations regarding ethical decisions. When in doubt, it is important to seek collaboration and never to act alone. The practitioner must review ethical principles and standards in their decision-making process. They must apply knowledge from the code of ethics for their association, the standards and principles of their employing organization, and state and federal statutes that apply. When codes do not contain information on a particular issue, the practitioner is still responsible for making correct ethical decisions to protect the welfare of the client. The responsibility for making the correct ethical decision is complex, with serious ramifications for the client and practitioner. A sound ethical decision-making process must be applied to lead the practitio- ner, with assistance from other professionals, to resolve the ethical conflict in accordance with the code of ethics. Reason- able differences of opinion may exist among professionals as they seek to apply values, principles, and ethical standards to resolve a conflict. Appropriate time and resources should be given so that all stakeholders in the process feel confident in the decision to resolve the ethical issue. At any point, professionals should discuss the issue with their supervisors, administrators, or professional associations to include them in the process. According to the NBCC 2023 revised Code of Ethics: Counsel- ors shall not share client information that is obtained through the counseling process without specific written consent by the client or legal guardian except when necessary to prevent serious and foreseeable harm to the client or others, or when otherwise mandated by federal or state law or regulation. AAMFT Standard 2.2 advises: • Marriage and family therapists do not disclose client confidences, except by written authorization or waiver or where mandated or permitted by law. Verbal authorization will not be sufficient except in emergency situations, unless prohibited by law. • See the subsequent sections on the Tarasoff v. Regent’s case for further details.
10
EliteLearning.com/Counselor
Powered by FlippingBook