_____________________________ Ethics in Behavioral Health Documentation: Reasons, Risks, and Rewards
• The “Legal Issue of the Month” addresses a particular legal topic relevant to social work practice that focuses on a recent court decision or emerging legal issue. The site hosts 100 free legal articles for NASW members and addresses commonly asked questions as well as complex current or ethically challenging issues. • NASW. (2007). Social workers and e-therapy. http://www.socialworkers.org/ldf/legal_ issue/2007/200704.asp • This article discusses various electronic modalities of treatment, social work practice standards, and research. It also touches on the relationship that other health professions have with electronic media. • National Board for Certified Counselors (NBCC). (2016). National Board for Certified • Counselors policy regarding the provision of distance professional services. • http://www.nbcc.org/Assets/Ethics/ NBCCPolicyRegarding PracticeofDistanceCounselingBoard.pdf • This policy provides information for counselors regarding the use of technology in the delivery of counseling services. • Reamer, F. G. (2012). Boundary issues and dual relationships in the human services. Columbia University Press. • This book offers a thorough analysis of common boundary issues in the helping professions. Specific examples with suggested guidance on risk management are highlighted in each chapter. APPENDIX: SUMMARIES OF ETHICS CODES Relevant information regarding record keeping American Association for Marriage and Family Therapy Ethics Code (2015) http://www.aamft.org/imis15/content/legal_ethics/code_ of_ethics.aspx Standard II: Confidentiality 2.5 MFTs [marriage and family therapists] comply with applicable laws and professional standards with respect to storing, safeguarding, and disposing of records such that clients’ confidentiality is protected. 2.6 MFTs arrange for the confidentiality, storage, transfer, safeguard, or disposal of client records in the event of the therapist’s move from the area, practice closure, or death in conformance with applicable laws.
Standard III: Professional Competence and Integrity 3.5 MFTs maintain clinical and financial records in accordance with applicable law. Standard VI: Technology-Assisted Professional Services 6.2 MFTs make clients aware of the risks and responsibilities associated with the use of technology-assisted services in writing. 6.3 MFTs make clients aware of limitations and protections offered by the therapist’s technology in writing. 6.4 MFTs ensure that documentation that is stored or transferred electronically adheres to best practices with respect to maintaining confidentiality and quality services. MFTs are to notify clients in writing of the technology’s limitations and protections. Standard VIII: Financial Arrangements 8.6 MFTs may not withhold records because of non-payment for services, except as otherwise provided by law. American Counseling Association Code of Ethics and Standards of Practice (2014) http://www.counseling.org/Resources/aca-code-of-ethics.pdf
Section A: The Counseling Relationship A.2.a. Informed Consent
Clients choose whether or not to enter into or remain in a counseling relationship. Clients should be provided with information verbally and in writing about the counselor and what to expect from the counseling process. Counselors review in writing and verbally with clients the clients’ and counselors’ rights and responsibilities. Informed consent is revisited and documented throughout the counseling process. A.2.b. Types of Information Needed All services provided by the counselor are explicitly explained to clients. Clients are informed by counselors about the coun- selor’s credentials and experience in service provision and the service’s purposes, goals, techniques, procedures, limitations, potential risks, and benefits. Counselors explain about their management plan for a client’s services upon the incapacita- tion or death of a counselor. Counselors ensure that clients have clear information about their records and understand the implications of diagnosis, tests and reports, fees, and billing arrangements. Clients have the right to confidentiality and to be informed of all the limita- tions to the counselor’s maintenance of their confidentiality. Clients have the right to refuse any services and to be advised about the consequences of such action.
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