Texas Administrative Code: General Ethical Requirements Subchapter B, §681.41 Subchapter B, §681.41 General Ethical Requirements (2021a) were adopted in November 2020 and amended in November 2021. This subchapter provides clear, concise, and detailed information, congruent with the ACA, AAMFT Code of Ethics and ASCA standards. Ironically, the common ethical violations, detailed later, are direct violations of the regulations specifically
stated in this subchapter. That is why it is imperative that LPCs follow this TAC and review it frequently to avoid potential ethical infractions in practice. The specific rules that govern ethical practice in Subchapter B §681.41 will be included by topic in subsequent sections of the course.
NATIONAL ASSOCIATION ETHICAL STANDARDS OF PRACTICE: TERMINOLOGY
There are many similarities among the codes of ethics for the national associations that promote and enhance professional counseling though focus and terminology may vary across disciplines. Each is founded on commitment to the clients they The American Counseling Association Code of Ethics The American Counseling Association. (ACA, 2014) Code of Ethics was updated in 2014 and referenced by the Texas Counseling Association in 2023. The key components of the code of ethics will be included here, and it is important to review the document in its entirety. The specific standards in each section of the ACA Code of Ethics will be included throughout the course. Glossary of Terms: ACA Code of Ethics (2014) ● Assent: to demonstrate agreement when a person is otherwise not capable or competent to give formal consent (e.g., informed consent) to a counseling service or plan. ● Bartering: accepting goods or services from clients in exchange for counseling services. ● Confidentiality: the ethical duty of counselors to protect a client’s identity, identifying characteristics, and private communications. ● Culture: membership in a socially constructed way of living, which incorporates collective values, beliefs, norms, boundaries, and lifestyles that are cocreated with others who share similar worldviews comprising biological, psychosocial, historical, psychological, and other factors. ● Distance Counseling: The provision of counseling services by means other than face-to-face meetings, usually with the aid of technology. ● Encryption: process of encoding information in such a way that limits access to authorized users. ● Informed Consent: a process of information sharing associated with possible actions clients may choose to take, aimed at assisting clients in acquiring a full appreciation and understanding of the facts and implications of a given action or actions. The regulatory board has developed a glossary devoted to technology assisted-counseling to assist counselors in implementing technology in practice. Glossary: AMFTRB Technology Assisted Counseling (AMFTRB, 2021): ● Asynchronous: Communication is not synchronized or occurring simultaneously. ● Electronic communication: Using websites, cell phones, email, texting, online social networking, video, or other digital methods and technology to send and receive messages, or to post information so that it can be retrieved by others or used later. ● HIPAA compliant: The Health Insurance Portability and Accountability Act (HIPAA), sets the standard for protecting sensitive patient data. Any company that deals with protected health information (PHI) must ensure that all the required physical, network, and process security measures are in place and followed. This includes covered entities (CEs), anyone who provides treatment, payment and operations in healthcare, and business associates
serve, the highest level of quality practice, and adherence to all state and national laws governing licensed counselling. The terminology from the national association is included in this section. ● Interdisciplinary Teams: teams of professionals serving clients that may include individuals who may not share counselors’ responsibilities regarding confidentiality. ● Multicultural/Diversity Competence: counselors’ cultural and diversity awareness and knowledge about self and others, and how this awareness and knowledge are applied effectively in practice with clients and client groups. ● Multicultural/Diversity Counseling: counseling that recognizes diversity and embraces approaches that support the worth, dignity, potential, and uniqueness of individuals within their historical, cultural, economic, political, and psychosocial contexts. ● Personal Virtual Relationship: engaging in a relationship via technology and/or social media that blurs the professional boundary (e.g., friending on social networking sites); using personal accounts as the connection point for the virtual relationship. ● Pro bono publico : contributing to society by devoting a portion of professional activities for little or no financial return (e.g., speaking to groups, sharing professional information, offering reduced fees). ● Professional Virtual Relationship: using technology and/ or social media in a professional manner and maintaining appropriate professional boundaries; using business accounts that cannot be linked back to personal accounts as the connection point for the virtual relationship (e.g., a business page versus a personal profile). ● Serious and Foreseeable: when a reasonable counselor can anticipate significant and harmful possible consequences. ● Virtual Relationship: a non–face-to-face relationship (e.g., through social media). (BAs), anyone with access to patient information and who provides support in treatment, payment, or operations. Subcontractors, or business associates of business associates, must also comply (HHS, 2021). ● HITECH: The Health Information Technology for Economic and Clinical Health (HITECH) Act of 2009 addresses the privacy and security concerns associated with the electronic transmission of health information, in part, through several provisions that strengthen the civil and criminal enforcement of the HIPAA rules (HITECH Act Enforcement of Interim Final Rule; HHS, 2016b). ● Synchronous: Communication which occurs simultaneously in real time. ● Telesupervision: Refers to the practice of clinical supervision through synchronous or asynchronous two-way electronic communication including but not limited to telephone, videoconferencing, email, text, and instant messaging, for the purposes of developing trainee marital and family therapists, evaluating supervisee performance, ensuring rigorous legal and ethical standards within the bounds of licensure, and as a means for improving the profession of marital and family therapy.
Association of Marriage and Family Therapy Regulatory Board The AMFTRB is an organization of state boards that administer the MFT National Exam required to obtain a license and regulate the rules for licensed marriage and family therapists (LMFTs).
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Book Code: PCTX1324
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