INTRODUCTION
The standards in the code of ethics for the American Counseling Association (ACA), the American Association of Marriage and Family Therapy (AAMFT), and the American School Counselor Association (ASCA) will be detailed as they relate to ethical practice. To organize the presentation of the extensive information from regulations found in the Texas law documents and the values, principals, and standards from the association codes of ethics, these documents will be divided into sections based on the topics they address. For example, when discussing informed consent, sections of the TAC, ACA, AAMFT, and ASCA that pertain to that topic will be reviewed. Ethical issues and guidelines related to technology-assisted counseling and therapy will also be reviewed, including the potential for ethical violations inherent in distance technology methods conducted across state lines. Unlike traditional face- to-face counseling methods, technology-assisted counseling relies on multimedia modalities that provide audio and visual communication between counselor and client. Ethical issues concerning, safety, security, confidentiality, competency, effectiveness, access, ease of use, and multicultural issues of technology use will be discussed.
No set of codes or regulations can cover every possible ethical issue that counselors may face, so decision-making models for mental health practitioners will be reviewed in this course. Though the models may differ, there are common elements that serve as the basis for decision- making to address ethical dilemmas in counseling. Strategies for implementing shared decision-making are discussed. A review of the literature on technology-assisted counseling and therapy are included that address ethical concerns, counselor ratings, and strategies for best practice. Case studies provide additional examples of ethics application in practice. This course narrows the topic of Texas law that regulates counseling to focus on ethical practice due to the magnitude of statutes, occupational codes, acts, and definitions related to counseling practice in general. From there, it is important to look at those areas of practice that present ethical dilemmas with the goal of prevention. Preventing ethical missteps, which may lead to violations, begins with the shared values, principles, and standards of the profession starting with the ethics regulations of the Texas statutes.
TEXAS STATUTES AND REGULATORY AGENCIES
There are many references to ethical practice in Texas law related to professional conduct, prohibited actions, and the disciplinary consequences of practice that violates TAC requirements; however, there is no definition of ethics in the Texas law. TAC Rule §681.41, Subchapter B: General Ethical Requirements is detailed and can be divided into the following summarized components that inform ethical practice (Tex.reg, 2021b): ● False, misleading, exaggerated, and fraudulent claims ● Confidentiality ● Informed consent ● Required reporting ● Rules for payment, remuneration, solicitation, referral, and product sales to avoid personal interest conflicts ● Boundaries in client relationships to avoid prohibited sexual contact, nontherapeutic relationships, individuals who should not be included as clients, and accepting gifts, goods, and services for payment ● Rules for duty to inform in cases of potential imminent harm ● Termination of services ● Reporting unprofessional practice or activities ● Mental, physical, or medical impairment that precludes practice. The Texas Behavioral Health Executive Council (TBHEC), created in 2019 by the Texas 86th Legislature, is made up of four divisions including the Texas State Board of Examiners of Marriage and Family Therapists, Texas State Board of Examiners of Professional Counselors, Texas State Board of Examiners of Psychologists, and the Texas State Board of Social Worker Examiners (TBHEC,2019a). For this course the first two boards will be discussed. Referred to as the “Council,” the TBHEC has a regulatory role governing professional practice in behavioral health and social work providers to ensure the welfare of clients. This involves enforcing Chapter 502 of the Occupations Code that covers the Licensed Marriage and Family Therapy Act and Chapter 503, and the Licensed Professional Counselor Act.
The National Board for Certified Counselors (NBCC) Inc. works with the state of Texas to administer the licensing exam for counselors and functions as an independent organization. The NBCC offers an additional national counseling certification (NCC) that is recognized in Texas, but that certification is not required to be a licensed professional counselor in Texas. The NBCC does support the standards of the national counseling and therapy organizations and does provide a code of ethics that contains the minimum ethical behaviors NCC must follow in practice (NBCC, 2016). The NBCC also provides resources, directives, and sanctions for NCCs if they violate the NBCC Code of Ethics. There are 95 directives, and the major components will be outlined in this course. The Association of Marital and Family Therapy Regulatory Boards (AMFTRB) is an organization of state licensing boards. That develop, review, and regulate licensure; review statutes; consider disciplinary cases; and assist state boards in addressing issues in to develop new guidelines for practice. For example, the Texas State Board of Examiners of Marriage and Family Therapists refers licensees to review documents published by the AMFTRB, including Teletherapy & Telesupervision Guidelines II (2021), that presents best practice guidelines to implement technology-based therapy. It is important for the counselor to understand the resources that are available to assist them including collegial collaboration for decision making as well as local, state, and national professional sources of information. Common types of ethical violations that occur in the counseling profession include errors in informed consent; breach of confidentiality; inappropriate relationships with clients; false, fraudulent, or misrepresented statements; and boundary violations. These ethical dilemmas are addressed in the Texas Administrative Code, Texas Statutes, and the code of ethics of the ACA, the AAMFT, and ASCA, which will be the basis of this course.
STATE AND NATIONAL ASSOCIATION CODES OF ETHICS
All licensed professional counselors must follow Texas law governing ethical practice within the framework of the national association codes of ethics for their respective areas of practice. The three main sources for study of the values, principals, and standards of ethical practice cover the general category of counseling, marriage and family therapy, and school counseling.
These include the ACA Code of Ethics, AAMFT Code of Ethics, and ASCA Ethical Standards for School Counselors. The Texas Association for Marriage and Family Therapy (TAMFT) is a state organization that supports and promotes marriage and family therapy.
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Book Code: PCTX1324
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