Professional Ethics and Law in California, 2nd Edition _ ____________________________________________
• Select and develop culturally competent methods and ensure that they have the skills to work with persons considered vulnerable (e.g., persons with disabilities and persons for whom English is not their primary language). • Increase their proficiency in using technology and tools that enhance practice. • Abide by all regulations in all jurisdictions in which they practice. • Represent themselves accurately and make attempts to confirm the identity of the client and the client’s contact information. • Protect client information in the electronic record. • Provide services consistent with accepted standards of care, regardless of the medium used. • Use available technology to both inform clients and mobilize individuals and communities so that they may advocate for their interests. • Advocate for technologies that are culturally sensitive, community specific, and available for all who can benefit from them. • For those in administrative practice, keep themselves informed about technology that can advance quality practice and operations, invest in systems, and establish policies that ensure security and privacy. • Conduct a thorough assessment, including evaluation of the appropriateness of potential clients for e-therapy. This includes the need for the social worker to fully understand the dynamics involved and the risks and benefits for the client. • Evaluate the validity and reliability of research collected through electronic means and ensure that the client is likewise informed. • Continue to follow applicable standards and laws regarding supervision and consultation. • Adhere to NASW Standards for Continuing Professional Education and applicable licensing laws regarding continuing education. DECISION-MAKING MODEL As we have seen, it is not uncommon for mental health professionals to grapple with conflicts involving personal values and beliefs, ethical duties, employment practices, and the law. Sometimes they may be faced with a choice between taking action that supports an ethical standard but violates the law, or vice versa.
While national mental health associations’ ethical stan- dards usually provide excellent frameworks to guide practice and assist with the resolution of ethical dilemmas, it is naïve to assume they all hold the answers to all the questions faced by licensed mental health practitioners. While both necessary and useful, some experts, such as Freud and Krug (2002a), argue that for ethical decision-making, codes of ethics alone are insufficient. In effect, they state that codes of ethics are frequently used as a risk management tool, offering guidelines for practice that may not be compatible with other goals set forth by a particular mental health focus. In addition, unique and unexpected ways ethical issues may emerge in clinical practice work against attempts to apply codes of ethics. For those reasons, Freud and Krug (2002a) propose that “ethical judgments are best made in small groups where mem- bers bring different perspectives and intuitions to the process while agreeing on basic humanistic values.” Still, codes of ethics are invaluable tools for guiding mental health practitioners toward ethical practice. Thus, the authors recommend that, in general, codes of ethics be used to help guide professionals in decision making and include: 1. Increased attention to our moral intuitions and emotions: Rational, ethical decision making should be supplemented by a person’s emotions and intu- ition, as shaped by culture and profession. In an effort to maintain a rational, detached, and professional approach to service, mental health practitioners may ignore warning signals and gut instincts relevant to the reason for a decision. 2. Institutionalized opportunities for dialogue and ethical concerns: It is important to have safe, nonjudgmental group forums for open and regular discussion of ethical issues. 3. Open acknowledgment and respect for moral diversity within a shared body of basic values: The decision-making process works best when consulting with a diverse group of individuals who share basic values but differ in perspectives and intuitions. Mental health practitioners also need to consider basic protocols and steps to take to increase their ability to make sound ethical decisions. While not all ethical dilemmas have a corresponding definitive solution, professionals can take reasonable steps to arrive at the best possible decision through an ethical decision-making model that would: 1. Identify the problem or conflicts between the ethical and legal expectations and requirements, including the values and duties that may conflict. 2. Understand and apply the state and national profes- sional association code of ethics.
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