Code of Ethics for Counselors and Marriage and Family Therapists __________________________________
• C.2.a. Boundaries of Competence Counselors practice only within the boundaries of their competence, based on their education, training, supervised experience, state and national professional credentials, and appropriate professional experience. • C.2.e. Consultations on Ethical Obligations Counselors take reasonable steps to consult with other counselors, the ACA Ethics and Professional Standards Department, or related professionals when they have questions regarding their ethical obligations or professional practice. • I.1.a. Knowledge Counselors know and understand the ACA Code of Ethics and other applicable ethics codes from professional organizations or certification and licensure bodies of which they are members. Lack of knowledge or misunderstanding of an ethical responsibility is not a defense against a charge of unethical conduct. NBCC Standards • 1. Counselors shall perform only those professional services for which they are qualified by training, education, and supervised experience. • 19. Counselors 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 • 1. 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. • 3.2 Knowledge of Regulatory Standards. Marriage and family therapists pursue appropriate consultation and training to ensure adequate knowledge of and adherence to applicable laws, ethics, and professional standards. • 3.10 Scope of Competence. Marriage and family therapists do not diagnose, treat, or advise on problems outside the recognized boundaries of their competencies. Components of the Tarasoff case judgement were expanded in subsequent cases involving confidentiality, disclosure, informed consent, and duty to warn and protect. It is impor- tant to review the state and federal laws and administrative codes for each state of practice for direct or distance counseling. States differ in requirements concerning identifying victims
and determining the scope of the danger. The following examples show some of the resulting changes from the case. • Some cases have recognized the duty to warn all foreseeable victims, not just those clearly identified. • Legislative and regulatory bodies have attempted to clarify and define this duty across numerous states. • All 50 states have mandatory reporting requirements for child abuse. • In cases of communicable diseases, such as HIV, the counselor may attempt to diffuse the risks to the client before making an exception to the confidentiality rule if the level of risk or level foreseeable harm allows it. Examples would be to: ‒ Have the client present when the partner is notified ‒ Include this in part of the therapy ‒ Have the partner or a client voluntarily divulge the disclosure ‒ Have the parties participate in other partner notification programs. Other circumstances dictate that the counselor must legally report information in the following cases as outlined by law [1]: • Counselors believe a client younger than 16 years of age is a victim of incest, rape, or some other crime. • Counselors believe the client needs hospitalization to prevent harm to self or others. • Information is required as an issue in a court action. • Clients request that their records be released to themselves or to a third party. RECORD ACCESS BY FAMILY MEMBERS The ACA 2014 Code of Ethics includes exceptions to the confidential information that include end of life care as follows: • B.2.b. Confidentiality Regarding End-of-Life Decisions Counselors who provide services to terminally ill individuals who are considering hastening their own deaths have the option to maintain confidentiality, depending on applicable laws and the specific circumstances of the situation and after seeking consultation or supervision from appropriate professional and legal parties. • B.2.c. Contagious, Life -Threatening Diseases When clients disclose that they have a disease commonly known to be both communicable and life threatening, counselors may be justified in disclosing information to identifiable third parties if the parties are known to be at serious and foreseeable risk of contracting the disease. Prior to making a disclosure,
43
EliteLearning.com/Counselor
Powered by FlippingBook