deemed necessary to facilitate the rehabilitation and education of the licensee and to protect the public, including but not limited to: (1) Consultation with the licensee on matters of ethics rules, laws, and standards of practice by a licensed professional approved by the Council. (2) Restrictions on the licensee’s ability to provide certain types of services or to provide services to certain classes of patients; (3) Restrictions on the licensee’s supervision of others in a particular area of practice. (4) Completion of a specified number of continuing education hours on specified topics approved in advance by the Council in addition to any minimum
number required of all licensees as a condition of licensure; (5) Taking and passing with the minimum required score of any examination required by the Council of a licensee; and (6) Undergoing a psychological or medical evaluation by a qualified professional approved in advance by the Council and undergoing any treatment recommended pursuant to the evaluation. The TBHEC has adopted a Consolidated Rulebook for Marriage and Family Therapists and refers to the same TAC Chapter 884, RULE §884.20, Disciplinary Guidelines and General Schedule of Sanctions administered in cases of violations of rules, regulations, and ethics codes (Tex.reg, 2022).
ETHICAL DECISION-MAKING MODELS
All counselors, whether novice or expert, regardless of training or experience, will be faced with dilemmas that require judgment and sound decision making in their practice. There are many resources to assist counselors when facing complex and sensitive issues with clients. Due to the nature of counseling practice and the diverse issues they will encounter, no resource will include solutions to every ethical question. Following legal regulations, association ethics codes and standards, and decision- ACA Decision-Making Model The ACA decision-making model is based on the five foundational principals of ethical counseling practice from the ACA Code of Ethics, which are autonomy, justice, beneficence, nonmaleficence, and fidelity. They are included in the Practitioner’s Guide to Ethical Decision Making published by the ACA (Forester-Miller & Davis, 2016). The ACA provides these five principles for examination and application to a conflict situation the counselor may encounter. In some cases, a review of these principles will clarify the course of action, but when questions remain on the best approach forward, the counselor will need to apply a sound decision-making model to arrive at a conclusion. The ACA model is presented subsequently, followed by directives and additional questions to ask, which are abbreviated here. The ACA ethical decision-making model (Forester-Miller & Davis, 2016) states: 1. Identify the problem: Outline the facts, separating out innuendos, assumptions, hypotheses, or suspicions. There are several questions to ask yourself: Is it an ethical, legal, professional, or clinical problem? If a legal question exists, be sure to seek legal advice. 2. Apply the ACA Code of Ethics: Refer to the ACA Code of Ethics (ACA, 2014) to see if the issue is addressed. Also consider any state or professional codes that may apply. If there is an applicable standard or several standards and they are specific and clear, following the course of action indicated should lead to a resolution of the problem. If the problem is not resolved, you have a complex ethical dilemma and need to proceed with further steps in the ethical decision-making process. 3. Determine the nature and dimensions of the dilemma: Examine the dilemma’s implications for each of the foundational principles: autonomy, justice, beneficence, nonmaleficence, and fidelity. Decide which of the principles apply to the specific situation, and determine which principle takes priority. You will need to use your professional judgment to determine the priorities when two or more of them are in conflict. Review the relevant professional literature to ensure that you are using the
making strategies is the best defenses against ethical missteps. When reviewing legal and ethical directives, the counselor will be able to identify situations of an ethical nature which require sound decision making to determine the course of their practice. Counselors must be familiar with the steps to follow when making critical decisions. most current professional thinking and are aware of the diversity issues involved. Consult with experienced professional counselors and/or supervisors. 4. Generate potential courses of action: Brainstorm as many potential courses of action as possible. List all options even ones that you are not sure will work. Consult with at least one colleague to help you generate options. 5. Consider the potential consequences of all options and determine a course of action. Evaluate and assess the consequences for all parties involved. Eliminate the options that do not give the desired results or that cause more problematic consequences. Determine which option or combination best fits the priorities you have identified. 6. Evaluate the selected course of action. Review the selected course of action to see if it presents any new ethical considerations. Apply three simple tests to the selected course of action: 1. Justice: In applying the test of justice, assess your own sense of fairness by determining whether you would treat others the same in this situation. 2. Publicity: For the test of publicity, ask yourself whether you would want your behavior reported in the press. 3. Universality: The test of universality asks you to assess whether you could recommend the same course of action to another counselor in the same situation. If the course of action you have selected causes any new ethical issues, then go back to the beginning and reevaluate each step of the process. If you can answer in the affirmative to each of the questions and are satisfied you have selected an appropriate course of action move to step 7. 7. Implement the course of action. Strengthen your resolve to allow you to carry out your plan. After implementing the action, follow up to assess whether your actions had the anticipated effect and consequences.
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