Interactive Ethics

Intro Welcome Me Agenda

Changes A: The Counseling Relationship 1) Every counseling relationship has a beginning. The revised COE now identifies when that relationship begins and reflects that it is an ongoing process (see A.1.b.). 2) Issues surrounding persons who are mandated to counseling are now addressed specifically, reflecting the counselor’s responsibility to be very clear concerning the boundaries of that professional relationship (see A.2.e.).

The ERTF sought to provide additional clarity concerning whom counselors can and cannot work with and issues concerning the boundaries a professional counselor must maintain when working with a client (see A.5. & A.6.). 4) The ERTF removed A.9.b. (Counselor Competence, Choice, and Referral in End of Life Counseling) as its presence created more confusion than clarity concerning competence, values conflict, and a counselor’s duty to serve clients’ needs. 5) As a reflection that counselors are to respect and be able to work with a diverse client population, clarity was provided concerning the prohibition of referring clients based on a values conflict (see A.12.b & A.13). 6) Section A.12. (Technology applications) was revised and included into its own section (H) as well as infused into the entire COE to take into account the burgeoning influence of social media.

Section B: Confidentiality, Privileged Communication, and Privacy 1) The ERTF sought to reinforce the duty of counselors for record keeping in all mediums (see B.6.a.). 2) Concepts were updated (Treatment Teams vs. Interdisciplinary teams) (see B.3.b).

Section C: Professional Responsibility 1) The ERTF sought to clarify the importance of providing services to society in various ways at little or no remuneration for those who cannot afford help (See Section C: Introduction & C.6.e.). 2) Counseling is a profession that uses research and science to provide direction for the services provided to society. The ERTF sought to reinforce this concept by clarifying that counselors have an ethical responsibility to use those therapies that have a basis in science. Those services that have shown to be harmful are not to be used. Additionally, counselors inform clients of those services that are in development and/or are innovative so clients can make the choice as whether to participate (see C.7).

Section D: Relationships with Other Professionals Working with other professionals requires many of the same skills and competencies as working with clients. This section was revised to clarify the nature of consultation and the ethical requirements counselors have to consultees including informed consent, clarity of goals, and respect for each professional’s contribution to the process (See D.2.). Section E: Evaluation, Assessment, and Interpretation Much of the revisions in this section are for clarity. Additional revisions are focused on the use and impact of assessment and diagnosis within a diverse world (see E.5.c.).

Section F: Supervision, Training, and Teaching 1) Many sections were edited for clarity and brevity. 2) A new section was created to reinforce the need for counselor educators to be knowledgeable and competent in the areas they provide supervision or instruction (see F.6.b.). 3) Because case examples are often used in instruction, presentations, and publications to provide clarity, the ERTF sought to address the issue of confidentiality when using these examples (see F.6.f & G.5.a.). 4) Additional clarity was provided for counselor education programs in the area of student development (see F.7). Section G: Research and Publication 1) The ERTF sought to update and clarify issues concerning confidentiality of participants and the requirements for independent researchers (see G.1.b. & c.).

Additional guidance was provided concerning student research and publication (see G.5.f.. Section H Distance Counseling, Technology, Social Media This new section is an expansion of A.12. of the 2005 COE. Due to the expanding presence of social media and the increasing use of technology in the field of counseling, a separate section was developed to provide a more comprehensive review of the ethical obligations counselors have when infusing these tools into their practices. Section I: Resolving Ethical Issues Changes in this section reinforce the need for all counselors to use a formal ethical decision- making model in their practice (see I.1.b). Counselors continue to be required to know and adhere to the ACA Code and to be familiar with the complaint process as well as to how to resolve ethical issues between colleagues and other professionals (see Introduction).

Activity

Ethical dilemma An ethical dilemma is a complex situation that often involves an apparent mental conflict between moral imperatives, in which to obey one would result in transgressing another

Ross's Prima Facia Duties A Prima Facie duty is a binding duty, and all things being equal should be followed In ethical dilemmas, decisions are often conflicting, and it is hard to know when a duty should've been overridden by other duties

Prima Facie Duties Fidelity: keeping promises with no deception Reparation: make up for harm caused Gratitude: pay it forward Non-maleficence: do no harm Harm prevention: duty to prevent harm to others

Beneficence: do good to others Self-improvement: act to promote own good Justice: act so that all are treated fairly

Rest (1979, 1986) Awareness of ethical issue Individual ethical judgement Establishment of intention to act ethically Engaging in ethical behavior

Hunt & Vitell (1986) Includes following to Rest stages: Social Cultural Economic Organizational factors Because these things do impact ethical decision making

Trevino (1986) Adds the following to Rest Model Locus of control Characteristics of the job

Jones (1991) Adds the consideration of the characteristics and moral intensity of the ethical dilemma to the Rest basic model

Forester-Miller and Davis (1996) Problem identification Review codes Determine scope and nature of problem Generate courses of action Determine the course of action Review the course of action Implement the course of action

Snowdon & Boone(2007) Four zone linear model Simple problems: direct link between cause & effect Complicated problems: relationship between cause & effect can only be seen in retrospect Chaotic: there is no relationship between cause & effect

Carroll (2010) Creating ethical sensitivity Formulating an ethical course of action Implementing an ethical decision Living with the ambiguities

Duffy & Passmore(2010) Nonlinear Awareness: Professional codes & personal ethics Classify: Identify the issue Take the time to reflect, get support & advice: Its an intentional cognitive process. Continuing Ed & good peer support/supervisors Initiate options

Evaluate options Risk v benefits Personal & professional ethics Seek advice Seek options Share experience to further the growth of the profession

P3: principles, principals & process Identify the specific principles involved and the specific principals who may be able to offer help in decision making. Review the principles from the direct perspective of the principals, seeking their involvement. Facilitate a dialogue that will lead to a shared decision.

Principles Virtue ethics Autonomy Beneficence Non-maleficence Fidelity Justice Trust

Principals Client Family Teachers Doctors Supervisor Judicial Community Agencies

Process Discuss Include Compare Decide Act

Scenario During the third session of counseling, a client reports that he is gay and states, "I want to change my way of life and not be gay anymore. It's not just that I don't want to act on my sexual attraction to men. I don't want to be attracted to them at all except for as friends. I want to change my life so I can get married to a woman and have children with her." At the suggestion of a friend, the client has read about reparative/conversion therapy and has researched this approach on the Internet. He is convinced this is the route he wants to take. The counselor listens carefully to what the client has to say, asks appropriate questions and engages in a clinically appropriate discussion. The counselor informs the client that, although she is happy to continue working with him, she does not believe reparative/conversion therapy is effective and no empirical support exists for the approach. She further states that this form of therapy can actually be harmful to clients, so she will not offer this as a treatment. The client says he is disappointed that the counselor will not honor his wishes. He then asks for a referral to another counselor or therapist who will work with him to "change his sexual orientation."

Keeton v Anderson- Wiley et al. Augusta State University Remediation plan to address her deficiencies in being a multiculturally competent counselor, before she would be allowed to enter practicum. Had openly stated her intention to "convert" homosexual students In class hypothetical involving a questioning sophomore in crisis stated she would tell student it was not ok to be gay. Would refer to someone who practiced conversion/repairative therapy.

Keeton ASU said Keeton violated these sections of ACA code A.1.a A.4.b C.2.a C.5

ACA 2005 Code A.1.a. Primary Responsibility The primary responsibility of counselors is to respect the dignity and to promote the welfare of clients.

ACA 2005 Code A.4.b. Personal Values Counselors are aware of their own values, attitudes, beliefs, and behav- iors and avoid imposing values that are inconsistent with counseling goals. Counselors respect the diversity of clients, trainees, and research participants.

ACA 2005 Code C.2.a. Boundaries of Competence Counselors practice only within the boundaries of their competence, based on their education, training, supervised experience, state and na- tional professional credentials, and appropriate professional experience. Counselors gain knowledge, personal awareness, sensitivity, and skills pertinent to working with a diverse client population. (See A.9.b., C.4.e., E.2., F.2., F.11.b.)

ACA 2005 Code C.5 Nondiscrimination Counselors do not condone or engage in discrimination based on age, culture, disability, ethnicity, race, religion/ spirituality, gender, gender identity, sexual orientation, marital status/ partnership, language preference, socioeconomic status, or any basis proscribed by law. Counselors do not discriminate against clients, students, employees, supervisees, or research participants in a manner that has a negative impact on these persons.

Keeton Augusta had the policy. Asked her to attend 3 multicultural workshops Read 10 journal articles related to counseling GLBTQ population Increase interaction with GLBTQ population Familiarize self with ALGBTIC Competencies A monthly report to supervisor on what she learned, how it impacted her beliefs Initially agreed, was allowed to enroll, then withdrew and filed suit.

Keeton v Anderson-Wiley "ASU must adopt and follow the ACA Code of Ethics in order to offer an accredited program, and the entire mission of its counseling program is to produce ethical and effective counselors in accordance with the professional requirements of the ACA. Moreover, the ACA, in addition to several other professional organizations, including the American Psychology Association, holds that “[t]he promotion in schools of efforts to change sexual orientation by therapy or through religious ministries seems likely to exacerbate the risk of harassment, harm, and fear for [GLBTQ] youth.” Just the Facts Coalition, Just the Facts About Sexual Orientation and Youth: A Primer for Principals, Educators, and School Personnel, 4 (2008), available at

Conversion or reparative therapy. Not scientifically founded.

Ward v Polite et al. Eastern Michigan University Had never actually seen client Violated (according to EMU) a.4b, c.5. School claimed they had a no referral policy for practicum students. Appeals court didn't buy it.

Ward v. Polite "Just as a junior high school English teacher may fail a student who opts to express her thoughts about a once-endangered species, say a platypus, in an essay about A Tale of Two Cities, see Settle, 53 F.3d at 155, so a law professor may fail a student who opts to express her views about Salvador Dali and the fourth dimension in a torts exam."

ACA 2005 Code A.4.b. Personal Values Counselors are aware of their own values, attitudes, beliefs, and behav- iors and avoid imposing values that are inconsistent with counseling goals. Counselors respect the diversity of clients, trainees, and research participants.

ACA 2005 Code C.5 Nondiscrimination Counselors do not condone or engage in discrimination based on age, culture, disability, ethnicity, race, religion/ spirituality, gender, gender identity, sexual orientation, marital status/ partnership, language preference, socioeconomic status, or any basis proscribed by law. Counselors do not discriminate against clients, students, employees, supervisees, or research participants in a manner that has a negative impact on these persons.