H.6.c. Client Virtual Presence Counselors respect the privacy of their clients’ presence on social media unless given consent to view such information. The ACA Government Affairs: Social Media The ACA Government Affairs Division published the following article, “Social Media: 10 Tips for Professional Counselors” (ACA, n.d.), that provides guidance for social media posts and references specific sections of the ACA Code of Ethics that apply to that provisory, as follows: 1. Make sure your professional social media accounts are separate from your personal accounts. It’s a good idea to keep your personal accounts private (ACA Code of Ethics H.6.a.). 2. Learn everything you can about social media. Be sure you understand the various platforms’ purposes and operations, including their privacy controls (H.1.a.). 3. Don’t share confidential information on social media, even in closed/private settings. Nonprofessionals may have access to that information (H.6.d.). 4. Don’t diagnose individuals in social media posts, even if they are public figures. Council Guidelines for Technology-Assisted Services Here is the advisory from the Texas State Behavioral Health Executive Council on Technology (Texas.gov, 2022): The delivery of technology-assisted services—“Providing therapy or supervision with technologies and devices for electronic communication and information exchange between a licensee in one location and a client or supervisee in another location” [22 TAC §801.2]—is a rapidly expanding area. While the Council’s rules do not prohibit such services, it is important for licensees to be aware of several concerns about the delivery of services via remote or electronic means, including the following: 1. The increased potential that a therapist will have limited knowledge of a distant community’s resources in times of crisis. 2. Problems associated with obtaining informed consent. 3. The lack of standards for training providers in the use of technology as well as the special therapeutic considerations in the use of the medium. 4. The lack of vocal, visual, and other sensory cues. 5. The potential that equipment failures may lead to undue client anxiety. 6. The potential inability of clients, who are unfamiliar with technology, to adequately access and use the technology. 7. The lack of confidentiality and privacy. It is important to remember that the Licensed Marriage and Family Therapist Act (the Act) and all other laws affecting the delivery of professional services apply to all professional services delivered anywhere within the state of Texas, regardless of how they are delivered. Complaints received by the Council regarding technology-assisted services will be evaluated by the Council on a case-by-case basis, and the following general principles will be applied to any such complaints. However, these guidelines are not intended to conflict with, nor should they be construed to alter requirements for the delivery of technology-assisted services that have been established by exempt facilities such as the Veterans Administration.
H.6.d. Use of Public Social Media Counselors take precautions to avoid disclosing confidential information through public social media. to clients, employers, counseling education programs, membership organizations, and other professionals. 6. Be accurate and appropriate in the portrayal of your education, licensure, accreditation, expertise, and memberships. The ACA advertising/promotion ethical standards apply to social media, too (C.3.). 7. Don’t check out a client’s social media profile without permission, even if it is public (H.6.c.). Keep in mind that personal virtual relationships with current clients are prohibited (A.5.e.). 8. Counselors and counseling-related organizations must develop a social media policy. Information about this policy must be included in informed consent documents for clients and should be posted on professional social media pages and websites (A.2.b.). An individual, who is physically located in another state, shall be considered as practicing in Texas and therefore, subject to the Act, if a recipient of services provided by the individual is physically located in the state of Texas. Licensees should also be aware that services they offer to consumers in other states may similarly be regulated by the laws of the state in which the consumers are located. The Council currently considers the use of technology- assisted services as an “emerging area” per Council rule 22 TAC §801.44(p): “A licensee may not offer services that are beyond the licensee’s professional competency, and the services provided must be within accepted professional standards of practice and appropriate to the needs of the client. In emerging areas in which generally recognized standards for preparatory training do not exist, licensees must take reasonable steps to ensure the competence of their work and to protect clients, research participants, and other affected individuals from the potential for harm.” This rule requires that licensees, who provide services in new areas or involving new techniques, do so only after undertaking appropriate study, training, supervision, and/or consultation from persons who are competent in those areas or techniques. It is important for licensees considering such services to review the characteristics of the services, the service delivery method, and the provisions for confidentiality to ensure compliance with the Council rules, as well as federal and state law. Licensees should review all Council rules, particularly 22 TAC §801.58 Technology- Assisted Services, for enforceable minimum standards of practice. Licensees are also encouraged to review the Teletherapy & Telesupervision Guidelines II (August 2021) published by the Association of Marital and Family Therapy Regulatory Boards (AMFTRB), and incorporate those best practices where congruent with federal and state law.
5. If you wouldn’t say it in real life, don’t post it online. Your statements have weight (C.6.c.). Keep in mind that values and beliefs shared online can make their way 9. Social media policies should cover the risks, especially to confidentiality, and the benefits of interacting with counselors on social media, as well as the expectations clients should have when interacting with a counselor’s professional social media account (H.6.b.). 10. Become familiar with, and follow, all the social media guidelines listed in the 2014 ACA Code of Ethics. Texas State Board of Examiners of Marriage and Family Therapists: Texas Behavioral Health Executive
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