1. 2015 ACA Annual Conference Learning Institute
Train the Trainer: Delivering ACA-Approved Presentations on the ACA Code of Ethics
2015 ACA Annual Conference
Learning Institute

2. David M. Kaplan, PhD, Chief Professional Officer
Erin T. Shifflett, MLA, MEd. Director, Ethics and Professional Standards
Michelle E. Wade. EdD, NCC, LCPC-S, ACS ACA Ethics Specialist

4. Why us?

5. One of us was the ACA President that appointed the 2005 Ethics Revision Task Force
And the ACA staff liaison to the 2005 code revision
Two of us were the ACA staff liaisons to the 2014 code revision
One of us was a member of the ERTF

6. Members of the ACA Ethics Revision Task Force
Jeannette Baca
Janelle Disney
Perry Francis (Chair)
Gary Goodnough
Mary Hermann
Shannon Hodges
Lynn Linde
Linda Shaw
Shawn Spurgeon
Michelle Wade
Richard Watts
Erin Martz (staff liaison)
David Kaplan (staff Liaison)

7. The 500 Pound Gorilla Effect
Why do you need to know this stuff?
The 500 Pound Gorilla Effect

15. 55,000 professional counselors agree to abide by the ACA Code of Ethics

16. 22 state licensing boards have adopted the ACA Code of Ethics
Alaska
Arizona
Arkansas
California
District of Columbia
Idaho
Illinois
Iowa
Louisiana
Massachusetts
Mississippi
New Jersey
North Carolina
North Dakota
Ohio
Pennsylvania
South Carolina
South Dakota
Tennessee
Utah
West Virginia
Wyoming

17. The judicial system uses the ACA code as the ethical standard for counselors
Ward v. Wilbanks
Keeton v. Anderson-Wiley

19. Dual Relationships Be gone! Beneficial vs Harmful
Prohibited Relationships
Role Changes

20. Managing and Maintaining Professional Boundaries
Previous Relationships
Extending Boundaries Clarification (A.6.b)
Documenting (A.6.c)
Nonprofessional Interactions (A.6.e.)

21. I have been counseling an adult woman with a presenting problem
of difficulty in coping with the death of her mother. Her mother
and grandmother (who is also deceased) suffered from
progressive Alzheimer’s disease. My client revealed to me that
she administered a lethal dose of sleeping pills to her grandmother
during the final stages of the Alzheimer’s, and that she also
caused the death of her mother by withholding cardiac medication.
It was then revealed that it is likely she will have to take care of a
third relative with Alzheimer’s disease, an elderly Aunt. It is
important to understand that my client is not a bad person and did
what she did while under tremendous stress and pressure and
with feelings of compassion for the deteriorating condition of her
mother and grandmother. My question is in two parts: First, what
are my ethical obligations upon hearing the manner in which my
client’s mother and grandmother died? Second, am I responsible
to do anything about the upcoming situation with the Aunt?

22. Let‘s Get to All the New Things
Two categories
Old concepts strengthened
Completely New Ideas

23. C.2.g.Impairment: What does it look like?
“[…]physical, mental, or emotional problems[…]”
What should counselors do?
Monitor, seek assistance, assist colleagues…

24. End of Life Issues: Exception to the referral rule removed—why?
Legal vs. ethical obligations

25. Give me a Break
15 Minute Break!!!

26. Gatekeeping is now explicitly stated
“[Counselor educators] recommend dismissal from training programs…when students are unable to demonstrate they can provide competent professional services to a range of diverse clients.” (F.6.b) “Counselor Educators may require students to address any personal concerns that have the potential to affect professional competency” (F.8.d)

27. We added a whistleblower policy
“Counselors do not harass a colleague or employee or dismiss an employee who has acted in a responsible and ethical manner to expose inappropriate employer policies or practices.” (D.1.i)

28. Technology Strengthened
Benefits and Limitations
Appropriateness of Services
Laws and Statutes
Technology and Informed consent:
Security

29. Extension of Privacy and Confidentiality to Prospective Clients
When is a client a client?
Prospective clients have some rights
Not the same as legal obligations

30. Relationships: What can counselors do…and with whom?
Introducing the personal virtual relationship!

31. Yes, Ebola…
B.2.c. Contagious, Life-Threatening Diseases: “[…]counselors may be justified in disclosing information to identifiable third parties, if the parties are known to be at serious and foreseeable risk of contracting the disease.”

32. A.10.d. Nonpayment of Fees Intend to use collection agencies
Include in informed consent
Inform clients in a timely fashion
Intended actions
Offer clients opportunity
The loss of tone and body language can really impact how an or text is read/received.

33. Give me a Break
Lunch Time

34. Brand New Concepts

35. Raising the bar for professional values

36. The values of our profession are now explicitly stated
Human development
Multiculturalism and diversity
Social Justice
Safeguarding the counselor-client relationship
Practicing in a competent & ethical manner

37. A Practitioner’s Guide to Ethical Decision Making by Forrester-Miller & Davis (1996)
Identify the problem
Apply the ACA Code of Ethics
Determine the dimensions

38. Generate potential courses of action
Consider the consequences of all options
Select an evaluate an option
Implement the course of action

39. Fee splitting is now prohibited Section A.10.b

40. Sliding Scale Fees? OK!
C.6.e. Contributing to the Public Good (Pro Bono Publico) Counselors make a reasonable effort to provide services to the public for which there is little or no financial return (e.g., speaking to groups, sharing professional information, offering reduced fees).

41. Mandated Clients (A.2.e.) Required limitations to confidentiality
What information and with whom is shared
Client may choose to refuse services
Discuss potential consequences

42. Who’s the Client Here? B.4.b. Couples and Family Counseling:
“In couples and family counseling, counselors clearly define who is considered ‘the client’[…]”
Additional Considerations: Divorce, Custodial Evaluations, Guardian ad Litem involvement

43. Raising the bar for counselor educators

44. ACA Professional Standards Committee survey
Less than 50% of programs assured field placements.
Over 50% of students did not receive assistance.

45. Counselor educators now have the ethical obligation to provide:
Current information & knowledge (F.7.b)
Instruction only within their areas of competency (F.7.b)
Direct assistance with field placements (F.7.i)
Career assistance to students (F.8.b)

46. Research Qualitative Research is just as valuable Case Examples
Independent Researchers
Confidentiality and Records Custodian
Managing Boundaries

47. Social Media World Over 50% < 30
World Population #s:
China
India
Facebook
Tencent
WhatsApp
United States
Google Plus
Indonesia
LinkedIn
Twitter
Over 50% < 30
53% of millennials – smell/technology
mobile device > toothbrush
#SocialNomics 2014 by Erik Qualman

48. Social Media World Relationships are becoming more digital
LinkedIn = IVY LEAQUE enrollment DAILY
Avg person has a :07 attention span
#SocialNomics 2014 by Erik Qualman

49. Social media
H.6.a. Virtual Professional Presence - separate professional and personal web pages
H.6.b. Social Media as Part of Informed Consent

50. Client Virtual Presence
H.6.c. Client Virtual Presence – Counselors respect clients’ privacy
H.6.d. Use of Public Social Media - Avoid disclosing through public social media.

51. Relevant Definitions
Distance Counseling – counseling other than face-to-face meetings
Social Media – technology-based forms of communication
Encryption –encoding information to limits access

52. Relevant Definitions
Virtual Relationship – a non–face-to-face relationship
Personal Virtual Relationship –blurs the professional boundary
Professional Virtual Relationship – used in a professional manner and maintaining appropriate professional boundaries

53. Managing boundaries
H.4.b. Professional Boundaries in Distance Counseling - Necessary
Discuss and establish appropriate use and/or application of technology
It is incredibly easy to have the professional boundaries become blurred when using these instant forms of communication. You have to be aware of unintended messages as well as expectations. This is a conversation that needs to be had in today’s society, even if you are not really engaging in these types of communications, be prepared for clients to push them. Some examples of what should be in a social media policy – not engaging in a personal virtual relationship, hours that you will be available via text, expected response time, etc.

54. Communication considerations
H.4.f. Communication Differences in
Electronic Media
Nonverbal Vs Verbal cues
Impact the counseling process
Prevention and Addressing potential
misunderstandings
The loss of tone and body language can really impact how an or text is read/received.

55. Ethical Considerations
A.1.b. Records and Documentation
A.5.c. Sexual and/or Romantic Relationships
With Former Clients
A.5.e. Personal Virtual Relationships
B.3.e. Transmitting Confidential Information
C.3.c. Statements by others
A. – in any medium A.5.e. – can’t friend a client C.3.c. If your client rates you on ratemytherapist.com or Yelp, you cannot acknowledge the bad review because you would be breaking confidentiality F.2.c. Iowa and Oregon allow 75% of supervision to be conducted at a distance, LA, NC and Kansas allow secure, confidential, synchronous videoconferencing, and CO requires the first 2 hours to be done face to face

56. Ethical Considerations
F.2.c. Online Supervision
F.4.a. Informed Consent for Supervision
F.7.a. Counselor Educators
F.7.b. Counselor Educator Competence
G.3.b. Relationships with Participants
A. – in any medium A.5.e. – can’t friend a client C.3.c. If your client rates you on ratemytherapist.com or Yelp, you cannot acknowledge the bad review because you would be breaking confidentiality F.2.c. Iowa and Oregon allow 75% of supervision to be conducted at a distance, LA, NC and Kansas allow secure, confidential, synchronous videoconferencing, and CO requires the first 2 hours to be done face to face

57. Give me a Break
15 Minute Break!!!

58. Putting it into Practice
Ethics Competition Scenarios

59. Putting it into Practice
You are now the Trainer

60. Putting it into Practice
Quiz Time

61. The ACA knowledge center www.counseling.org
Where to go from here
The ACA knowledge center

62. ACA 2014 ethics code resources
The code itself
Podcast
Webinar series
Interview series
Books
* See handout

64. www.counseling.org/kaplan 1-800-347-6647
David M. Kaplan –
Erin T. Shifflett –
Michelle E. Wade –