Discussion The American Psychological Association (2023b) provides a definition of ethics that can apply to mental health practice including counseling and therapy: Professional ethics 1. The rules of acceptable conduct that members of a given profession are expected to follow. Code of Ethics 1. A set of standards and principles of professional conduct. The values, principles, standards, directives, and ethical concepts among the leading counseling and psychology associations show similarities in the fundamentals that inform practice and share several underlying themes. Ethical practice is the responsibility and obligation of counselors to maintain the highest standard of professional conduct and behavior as guided by the values, standards, norms, and laws of the association or governing body of the profession. The primary responsibility of the counselor to promote client welfare and ethical practice is founded on ideal of “do no harm,” promoting client autonomy, and fair treatment of clients. The codes of ethics of the ACA, AAMFT, ASCA are the framework of ethical practice, informing the professional obligation to support the welfare of clients. Ethical Beyond the standards, principles, and values that inform ethical practice are the mandatory rules each state presents that must be adhered to by all licensed professional counselors. The TAC, administered by the Texas Behavioral Health Executive Council (TBHEC), requires strict adherence to the rules regulating ethical practice. Disciplinary sanctions will address alleged violations following the procedures stated in the TAC and TBHEC rules (TBHEC, 2023). Procedures for ethical complaints and disciplinary action administered by the board will be explained in the section on ethical violations. A compilation of Texas statutes and rules for counseling and therapy can be found on the TBHEC website by accessing https://www.bhec.texas.gov/statues-and-rules/ index.html. It should be noted that the practice of AAMFT is included because the TAC does define the terms “marriage and family counseling,” and “family counseling” in their Occupational Code on Marriage and Family Therapists. The Texas Board of Examiners of Marriage and Family Therapists is part of the Texas Behavioral Health Executive Council. The TAC outlines the responsibilities of the counselor and marriage and family therapist (MFT). The Texas Licensed Marriage and Family Therapy Act (Texas.gov, 2019a), in the Texas Occupation Code Chapter 502, provides the following definition: Marriage and family therapy (MFT)means providing professional therapy services to individuals, families, or married couples, alone or in groups, that involve applying family systems theories and techniques. The term includes the evaluation, diagnostic assessment, and remediation of mental, cognitive, affective, behavioral, or relational dysfunction, disease, or disorder in the context of marriage or family systems and may include the use of the Diagnostic and Statistical Manual of Mental Disorders and the International Classification of Diseases. Chapter 502 provides the following clarification in the next line related to MFTs:
practice is based on integrity, competence, confidentiality, maintaining boundaries, cultural sensitivity, equality, veracity, autonomy, and advocacy for clients and the community at large. The codes of ethics within the national associations are aspirational, but violations of the standards in these codes can lead to sanctions for members. Licensed professional counselors have a responsibility to report any incidents of unethical behavior to their regulatory agency. The ACA (2014), provides the following guidance on this topic: Section D: Relationships with Other Professionals D.1.h. Negative Conditions Counselors alert their employers of inappropriate policies and practices. They attempt to effect changes in such policies or procedures through constructive action within the organization. When such policies are potentially disruptive or damaging to clients or may limit the effectiveness of services provided and change cannot be affected, counselors
take appropriate further action. Such action may include referral to appropriate certification, accreditation, or state licensure organizations, or voluntary termination of employment.
THE TEXAS ADMINISTRATIVE CODE (TAC)
The practice of marriage and family therapy does not constitute the practice of medicine and does not include prescribing medication, treating a physical disease, or providing any service outside the scope of practice of a licensed marriage and family therapist or a licensed marriage and family therapist associate. The Texas Licensed Professional Act (Texas.gov, 2019b) is found in the Texas Occupation Code, Chapter 503. Sec. 503.002. General Definitions. (4) “Licensed professional counselor” means a person who holds a license issued under this chapter and who: (A) represents the person to the public by any title or description of services incorporating the words “licensed counselor” and offers to provide professional counseling services to any individual, couple, family, group, or other entity for compensation, implying that the person offering the services is licensed and trained, experienced, or expert in counseling; or (B) engages in any practice of counseling. Sec. 503.003. Definition: Practice of Professional Counseling (Texas.gov, 2019b). (a) In this chapter, “practice of professional counseling” means the application of mental health, psychotherapeutic, and human development principles to: (1) facilitate human development and adjustment throughout life. (2) prevent, assess, evaluate, and treat mental, emotional, or behavioral disorders and associated distresses that interfere with mental health. (3) conduct assessments and evaluations to establish treatment goals and objectives; and (4) plan, implement, and evaluate treatment plans using counseling treatment interventions that include:
A. counseling. B. assessment. C. consulting; and D. referral.
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Book Code: PCTX1325
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