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 decisionmaking 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 AndersonWiley 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
http://www.apa.org/pi/lgbt/resources/just-the-facts.aspx."
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.