1. NEW Code of Professional Ethics for Rehabilitation Counselors
Effective January 1, 2010
Presented by Andrew Nay

2. What are Ethics?
Simply stated, ethics refers to standards of behavior that tell us how human beings ought to act in the many situations in which they find themselves-as friends, parents, children, citizens, businesspeople, teachers, professionals, and so on.
Ethics are NOT:
Feelings (a sentiment; attitude; and or opinion)
Values (beliefs of a person or social group in which they have an emotional investment)
Religion
Morals (principles or rules of right conduct or the distinction between right and wrong)
Cultural Norms
Law
Science

3. Why Ethics are Difficult to Comprehend
On what do we base our ethical standards?
How do those standards become applied to our work as mental health workers, counselor, consultants, etc.?

4. Five Sources of Ethical Standards
Utilitarian
Good versus Harm
Rights Approach
Protection of Moral Rights
Fair and Just Approach
All treated equal
Common Good Approach
Community based life and protection
Virtue Approach
Societal ideals for human development

5. CASE EXAMPLE:
A psychology professor receives a faculty research award for authoring two books. A department colleague reading the article knows that the professor only contributed to the development of a chapter of the first book, and only edited a few chapters of the second. The colleague decides not to confront the psychology professor, unsure of his characterization of his achievements. What considerations would you give the professor? Would you confront him with your ethical concerns? Do you need additional information, and from who?

6. Case Example (cont.)
If a mental health professional believes that another colleague may be violating an ethical principle, what is their first step or obligation?
Document the activity for future consultation with the individual if the behavior is witnessed again.
Informally discuss their concern with the professional involved
Send a letter outlining the nature of the complaint to the Committee at the ACA Headquarters, including (a) the name and address of the complainant, (b) the name and address of the charged member, (c) the names and address of any other persons who have knowledge of the facts involved, and (d) a brief description of the reason why the complaint is being filed.
Any of the above, depending the nature of the observed behavior or offense.

7. Achieving ethical clarity through dialogue
By Dana Radcliffe (2006)

8. Key Components of the CRC Code of Ethics
The Counseling Relationship
Confidentiality
Advocacy & Accessibility
Professional Responsibility
Relationships with Other Professionals
Evaluation, Assessment and Interpretation
Teaching, Training, and Supervision
Research and Publication
Electronic Communication and Emerging Applications
Business Practices
Resolving Ethical Issues

9. 2006 Ethics Survey by Vilia Tarvydas, Ph.D., LMHC, CRC
Random, stratified sample of its 7,660 certificants for whom they had addresses.
Asked about what ethically troubling issues or dilemmas they project may arise for rehabilitation counseling professionals in the near future.
Additional responses were solicited about whether the Code of Professional Ethics for Rehabilitation Counselors (the Code) addressed the ethical issues they have faced in the past
If they were able to resolve the issue?
How were these issues were resolved?

10. Content Analysis of Ethical Incidents in Practice
Nine (9) General Themes:
conflicts with organizations and payers, or employer pressures
confidentiality and exceptions to confidentiality
autonomy and client choice
client relationship
violations by colleagues
miscellaneous
discrimination or advocacy
legal concerns regarding clients’ illegal or dishonest conduct
conflicts of interest

11. Relevant Code Sections
Counseling Relationships
Confidentiality
Professional Responsibility

12. Future Concerns of CRC’s (Top 5)
Confidentiality
Conflicts of interest
Employer or payer pressures
Technology
Client boundary issues
Scarce resources and allocation

14. NEW Code of Professional Ethics for Rehabilitation Counselors Effective January 1, 2010
TOP 10 CHANGES
Written Professional Disclosure Statement
Roles and Relationships with Clients
Cultural Competence/Diversity
Disaster Preparedness
Technology and Distance Counseling
Forensic and Indirect Services
End-of-Life Care
Teaching, Training, and Supervision
Glossary of Terms
Preamble

16. Written Professional Disclosure Statement
Disclosure must now be conducted “orally, in writing, and in a manner that best accommodates any ... limitation.”
Provides more detailed guidance as to, minimally, what must be addressed at the outset of the counseling relationship.
Reinforces that disclosure may not be just a one-time event.
Informed consent is expanded and addressed separately.
Samples at certificant_resource_materials/42.php

17. Service Settings and Disclosure Q/A
How much information is too much, or too little?
Are there enough significant differences between public and private rehabilitation settings to warrant different professional disclosure statements?
What are some of the implications that professional disclosure can have on interviewing within forensic rehabilitation settings?
Who is the client amidst the different clinical settings?

18. Roles and Relationships with Clients
Provides clearer guidance regarding both professional and non-professional client relationships.
Addresses role changes in the professional relationship.
Prohibition of sexual or romantic relationships with current clients.
Sexual or romantic relationships with former clients
Prohibition of sexual or romantic relationships with certain former clients.
Nonprofessional interactions or relationships other than sexual or romantic interactions or relationships.
Counseling relationships with former romantic partners prohibited
Role changes in the professional relationship
Receiving gifts

20. New Standards & Requirement: Cultural Competence/Diversity
Requires development of interventions and services that incorporate consideration of clients’ cultural perspectives as well as recognition of external cultural/diversity barriers.
Articulates nondiscrimination statement
Cultural diversity/multiculturalism matters are also addressed/infused throughout the Code
D.2. CULTURAL COMPETENCE/DIVERSITY
a. INTERVENTIONS. Rehabilitation counselors develop and adapt interventions and services to incorporate consideration of cultural perspective of clients and recognition of barriers external to clients that may interfere with achieving effective rehabilitation outcomes
b. NONDISCRIMINATION. Rehabilitation counselors do not discriminate against clients, students, employees, supervisees, or research participants in a manner that has a negative effect on these persons.

21. New Standard: Disaster Preparedness
Establishes obligation of rehabilitation counselors to plan for facilitating continued services for clients in the event of a natural and/or man-made disaster IN ADDITION TO the previous provision of recognizing possible impairment.
b. DISASTER PREPARATION AND RESPONSE.
Rehabilitation counselors make reasonable efforts to plan for facilitating continued services for clients in the event that rehabilitation counseling services are interrupted by disaster, such as acts of violence, terrorism, or a natural disaster.

22. Technology and Distance Counseling (formerly Electronic Communication and Emerging Applications)
Establishes new, recommended CRC practices in light of today’s advanced technology across all mediums.
Areas covered include, but are not limited to, communication, accessibility, confidentiality, security, records maintenance & disposal, advertising, and distance counseling.
BREAK OUT SESSION

23. New Section: Forensic and Indirect Services
Expands upon concept of “evaluee” versus “client” in forensic setting
Addresses forensic competency & conduct, forensic practices, and forensic business practices. ·
A “Must Read” for CRC’s who provide these services.

24. Key Issues in Forensic Rehabilitation
Client’s versus Claimant’s Rights
Emphasis
Objectiveness
Competence
Diligence
Methodology
Professional Opinion supported by Data
Dual Roles and Relationships
Business Practices and Affiliations
Practicing Paradigm

25. New Standards: End-of-Life Care
Addresses end-of-life issues for terminally ill clients including quality of care; rehabilitation counselor competence, choice, and referral; and confidentiality.
QUALITY OF CARE
Rehabilitation counselors take measures that enable clients to:
(1) obtain high quality end-of-life care for their physical, emotional, social, and spiritual needs
(2) exercise the highest degree of self-determination possible;
(3) be given every opportunity possible to engage in informed decision-making regarding their end-of-life care; and,
(4) receive complete and adequate assessment regarding their ability to make competent, rational decisions on their own behalf from mental health professionals who are experienced in end-of-life care practice.

26. Enhanced Section: Teaching, Training, and Supervision
Section H: Addresses teaching, training, and supervision concerns/scenarios found within the workplace (vs. the traditional educator/educational venue) where supervision of trainees and employees in general is a regular occurrence.
What are some key ethical considerations and/or concerns that can arise within clinical supervision settings?
What are the solutions?

27. Counselor Ethics Toolbox
Example Forms and Templates
Academic Literature
Journals, Textbooks, Professional Publications
Research Findings
Legal Blogs, Podcasts, or Subscriptions
Code of Professional Ethics
Continuing Education

28. 2010 CRCC Code of Ethics
Applications and Implications

29. Rehabilitation counselors do not have clients in a forensic setting
Rehabilitation counselors do not have clients in a forensic setting. The subjects of the objective and unbiased evaluations are evaluees.

30. Rehabilitation counselors ensure that records are kept in a secure location and that only authorized persons have access to records.

31. Rehabilitation counselors are knowledgeable about local, regional, and national systems and laws, and how they affect access to employment, education, transportation, housing, financial benefits, and medical services for people with disabilities.

32. Rehabilitation counselors make reasonable efforts to plan for facilitating continued services for clients in the event that rehabilitation counseling services are interrupted by disaster, such as acts of violence, terrorism, or a natural disaster.

33. Rehabilitation counselors produce unbiased, objective opinions and findings that can be substantiated by information and methodologies appropriate to the evaluation, which may include examination of individuals, research, and/or review of records.
Rehabilitation counselors form opinions based on their professional knowledge and expertise that can be supported by the data gathered in evaluations.

34. Rehabilitation counselors recognize that their own personal values, moral beliefs, or personal and professional relationships with parties to a legal proceeding may interfere with their ability to practice competently.

35. Where circumstances reasonably permit, rehabilitation counselors seek to obtain independent and personal verification of data relied upon as part of their professional services to the court or to parties to the legal proceedings.