Professional Ethics and Law in California, 2nd Edition _ ____________________________________________
• Falsifying records, forging signatures, or documenting services not rendered • Embellishing one’s education and experience history or qualifications (refer also to “Misrepresentation”) • Lying to a client or the client’s family to “protect” them from unpleasant information • Not sharing legitimate options with a client because they violate the professional’s beliefs • Misleading potential donors or current funders with false outcome data Misrepresentation occurs when mental health profession- als present opinions, claims, and statements that are either false or lead the listener to believe facts that are not accurate. Three actions must be taken to ensure that clients and the public receive accurate information: 1. Clearly distinguish between private statements and actions and those representative of an organization, employer, etc. 2. Accurately present the official and authorized posi- tions of the organization being represented or on whose behalf the professional is speaking. 3. Ensure accurate information about, and correct any inaccuracies regarding, professional qualifications/ credentials, services offered, and outcomes/results. Admonitions against client solicitation stem from a con- cern for clients whose situations may make them vulnerable to exploitation or undue influence. Such clients’ circumstances create the potential for manipulation and coercion. Mental health practitioners should refrain from doing the following: 1. Engaging in uninvited solicitation 2. Soliciting testimonial endorsements from current clients or other potentially vulnerable persons Mental health practitioners also have an ethical responsi- bility to the contributions of others by acknowledging credit. They should: 1. Take responsibility and credit only for work they have actually performed and contributed to 2. Honestly acknowledge the work and/or contribu- tions of others
• Duty to clients • Duty to colleagues • Indirectly, duty to the mental health profession In addition, they demonstrate further ethical responsibil- ity by: • Respecting and fairly representing the qualifications, views, and obligations of colleagues • Respecting shared confidential information • Promoting interdisciplinary collaboration • Not taking advantage of disputes between colleague and employer or exploiting clients in disputes with colleagues • Seeking advice and counsel of colleagues who have demonstrated knowledge, expertise, and competence so as to benefit the interests of clients • Referring clients, without payment for such, to qualified professionals and transferring responsibilities in an orderly fashion • Consulting and assisting impaired and/ or incompetent colleagues, and addressing impairments through proper channels when they are unable to practice effectively (e.g., reporting to professional associations or licensing and regulatory bodies) • Discouraging unethical conduct of colleagues; being knowledgeable about established procedures and taking action as necessary through appropriate formal channels • Defending and assisting colleagues who are unjustly charged with unethical conduct ETHICAL RESPONSIBILITIES TO THE MENTAL HEALTH PROFESSION In general, national mental health professional associa- tions discuss the responsibility to help maintain the integrity of their particular mental health focus as well as issues related to mental health work evaluation and research. Maintaining the integrity of the profession is a responsibility of every licensed mental health professional and requires the active participation of each person whether it be collaborating on the creation of new standards, continuing to challenge mediocrity or com- placency, or taking advantage of educational opportunities. Mental health professionals should demonstrate the following integrity safeguards: • Maintain and promote high standards of practice • Uphold and advance the values, ethics, knowledge, and mission of the profession through study, research, active discussion, and reasonable criticism
ETHICAL RESPONSIBILITIES TO COLLEAGUES
Licensed mental health practitioners should not only take responsibility for their own actions but also take actions that ensure the safety and well-being of any clients served by others in the mental health profession. Thus, their responsibilities include:
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