Counselor Advocacy
& ETHICS in
Presented by Angela Corrigan, Ed.D., LPC, LMFT
Sponsored by the Northeast Texas Counseling Association
May 3, 2013
Counselor Advocacy
• Watch TCA advocacy video – presented by Jan Friese
http://www.txca.org/tca/Course-Advocacy.asp
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Current Legislative Platform
Advocacy Dos and Don’ts
Contacting Legislators
Writing Letters
TCA 2013 Legislative Agenda
• Maintain current regulatory structures for all Professional Counselors.
• Support funding for research on evidence-based solutions and effective
outcomes that promote resiliency, retention and economic success.
• Expand access and increase funding for behavioral, mental health and
educational services for underserved populations including those in juvenile
and criminal justice systems, the medically underserved, the homeless, and
the chronically mentally ill.
• Amend the Education Code to provide consistent references to School
Counselors.
• Add educational and licensing standards for College Counselors to the
Education Code.
• Allocate funding for public and higher education based on evidenced-based
practices.
• Revise TRICARE, CHIP, Medicaid and Medicare rules and Veteran
Administration policies to include Licensed Professional Counselors (LPCs)
and Licensed Marriage and Family Therapists (LMFTs) as independent
providers at full reimbursement rates.
Advocacy Tips
Things to “Do”:
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Sign the guest book.
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Ask to speak with the staff person working on education and/or mental health issues.
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Be professional, courteous, positive, direct, clear, concise, factual, credible, and specific.
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Try to establish a relationship of mutual trust with your legislator. Use the “Golden Rule.”
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Be sure to make your ask! Be clear and concise about what you want.
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Be reasonable; remember everyone thinks his/her issue is the most important one being considered.
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Keep it simple; avoid jargon and acronyms.
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Thank legislators for meeting with you and for their consideration, even if your comments are not well
received.
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Leave behind your business card, fact sheets, and/or written testimony at the end of the meeting. Be sure
they include how you can be reached.
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Follow up visits with a letter to the staffer and/or the legislator with an offer to be of assistance in the
future.
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Always follow up with information/research you have promised to provide.
BIGGEST DO: Speak from your heart, tell your story; use anecdotes from your community.
For example…
o Have you had to turn away referrals and/or turn down or stop seeing a patient who was a Medicaid
beneficiary?
o As a school counselor, do you shuttle between two or more schools, or deal with an unreasonably
high student caseload?
o Do you know of students, children, or family friends with mental, emotional, or substance-use
related problems interfering with their learning or ability to hold a job?
o Have the recent Medicaid rate and reimbursement rate reductions had an impact on your practice?
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Advocacy “Don’ts”
Things to Avoid:
• Don't give inaccurate information or purposely lie. It’s okay to say,
“I don’t know, but I can get back to you.”
• Don’t get sidetracked or go off message.
• Don’t get defensive or badmouth the other side.
• Don’t get upset if you can’t meet with your Representative or
Senator.
• Don't send form letters or emails.
• Don't be argumentative or abrasive.
• Don't cover more than one subject, unless asked.
• Don't write a letter longer than one page.
• Don't give up.
• BIGGEST DON’T: Don’t forget to follow-up with the information you
promised.
ETHICS in JEOPARDY
Outline
• TSBEPC Enforcement Actions and Penalties
• ACA Code of Ethics 2014 Proposed
Changes
• Ethical Decision Making Models
ACA 7 Step Model
ASCA 9-Step Model
TSBEPC Enforcement Actions
http://www.dshs.state.tx.us/counselor/lpc_enforce.shtm posted as of April, 2013
Violation
1
2
Failure to maintain
PROFESSIONAL BOUNDARIES
Engaging in DUAL RELATIONSHIP
3
FAILURE TO
4
5
6
7
RELEASE RECORDS in a
timely fashion
Failure to MAINTAIN ACCURATE AND/OR
RETENTION OF RECORDS
Issues related to CRIMINAL HISTORY OR
CONVICTION
Violated CONFIDENTIALITY
BILLING related violations
Penalty
Approx #
Reprimand, 6 mth – 2 yr probation, $750 admin fine, revocation,
voluntary suspension
44
Reprimand, 1 yr – 4 yr probation, $500 - $750 admin fine, revocation,
surrender
Reprimand, 6 mth – 1 yr probation, $1500 - $2000 admin fine
30
Reprimand, 2 yr &3 yr probation,$500 admin fee
19
Reprimand, temporary suspension, 1 yr probation, revocation
18
Reprimand, 1 & 2 yr probation,
Reprimand, 6 mth – 3 yrs probation, revocation
16
14
22
8
SEXUAL misconduct
1 yr & 2 yr probation, surrender, revocation
13
9
Issues related to SUPERVISION
Reprimand, $400 - $3000 admin fine, 1 yr & 2 yr probation, surrender
13
10
INSURANCE OR MEDICAID FRAUD
FAILURE TO REPORT ABUSE
FAILURE TO TERMINATE
Revocation, surrender
Reprimand, surrender
Surrender, 1 yr & 2 yr probation, revocation
8
6
5
Issues related to DRUG & ALC ABUSE
FAILURE TO PROTECT
FALSIFYING RECORDS
FRAUDULENT CLAIMS ABOUT EDUCATION
AND/OR QUALIFICATIONS
Failure to REPORT UNLICENSED practice
Failure to provide WRITTEN INFORMED CONSENT
1 yr & 2 yr probation
1 yr probation
Reprimand, probation, revocation
3
2
2
2
Reprimand
Reprimand
1
1
PRACTICING WITHOUT A LICENSE
$6000 admin fine
1
11
12
13
14
15
16
17
18
19
ACA Code of Ethics
Highlights of 2014 Proposed Revisions
PREAMBLE
• The following are core professional values of the
counseling profession:
1. the enhancement of human development throughout the life
span;
2. honoring diversity and embracing a multicultural approach in
support of the worth, dignity, potential, and uniqueness of
people within their social and cultural contexts;
3. promotion of social justice;
4. safeguarding the integrity of the counselor-client relationship;
5. competent practice.
ACA Code of Ethics 2014 Proposed Revisions
PREAMBLE
The following fundamental principles of professional ethical behavior
are:
1. Autonomy: The right of clients to control the direction of their lives,
thoughts, actions, and future.
2. Nonmaleficence: Avoiding any actions that case harm to clients.
3. Beneficence: Working for the good of the clients, promoting their
wellbeing and health.
4. Justice: Treating others justly, fostering fairness and equality, and
providing appropriate services to all clients.
5. Fidelity: Honoring commitments and keeping promises. This
includes fulfilling one’s responsibilities of trust in professional
relationships.
6. Veracity: Dealing honestly and truthfully with all those with whom
counselors come into professional contact.
ACA Code of Ethics 2014 Proposed Revisions
SECTION A: THE COUNSELING RELATIONSHIP
A.5.e. Personal virtual relationships with current clients:
• Counselors are prohibited from engaging in a personal virtual
relationship with individuals with whom they have a current
counseling relationship. (see H.7.a)
A.11.c. Establishing Fees:
• In establishing fees for professional counseling services, counselors
consider the financial status of clients and locality. If a counselor’s
usual fees create undue hardship for the client, the counselor may
adjust fees or assist to locate comparable, affordable services.
ACA Code of Ethics 2014 Proposed Revisions
A.12.b. Values:
• Referral based on counselor values conflicting with client goals that
are consistent with the definition of counseling may constitute a
discriminatory referral (glossary) and should be avoided. (See
preamble, A.1.a, A.2.a, A.4.b.)
•
A.13. ABANDONMENT AND NEGLECT:
• Counselors do not abandon or neglect clients in counseling.
Counselors assist in making appropriate arrangements for the
continuation of treatment, when necessary, during interruptions
such as vacations, illness, and following termination.
ACA Code of Ethics 2014 Proposed Revisions
B.6.a Creating and Maintaining Records and Documentation:
• Counselors create and maintain records and documentation
necessary for rendering professional services. This applies to
records and documentation kept in any medium. (See A.1.c.)
B.6.h. Storage and Disposal After Termination:
• Counselors store records following termination of services to
ensure reasonable future access, maintain records in
accordance with federal and state laws and statutes such as
licensure laws and policies governing records, and dispose of
client records and other sensitive materials in a manner that
protects client confidentiality.
ACA Code of Ethics 2014 Proposed Revisions
Section C: Professional Responsibility
• Counselors are encouraged to contribute to society by
devoting a portion of their professional activity to services for
which there is little or no financial return (pro bono publico).
C.6.e. 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.,
reduced fees, speaking to groups, sharing of professional
information, etc.).
ACA Code of Ethics 2014 Proposed Revisions
C.7.b. Development and Innovation:
• When counselors use developing or innovative
techniques/procedures/modalities, they explain the potential risks and
ethical considerations of using such techniques/procedures/modalities.
• Counselors work to minimize any potential risks or harm when using these
techniques/procedures/modalities
C.7.c. Harmful Practices:
• Counselors do not use techniques/procedures/modalities when
substantial evidence suggests harm to clients. (See C.5)
SECTION F: Supervision, Training, and Teaching
• F.6.f. Use of Case Examples:
• The use of client, student, or supervisee information for the purposes of
case examples in a lecture or classroom setting is permissible only when:
(1) they have reviewed the material and agreed to its presentation, or (2)
the information has been sufficiently modified so as to obscure identity.
ACA Code of Ethics 2014 Proposed Revisions
Section H: Distance Counseling, Technology, Social Media
A new and 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 ACA Policy
and Procedures for Processing Complaints of Ethical Violations
(2005 current) and use it as a reference for assisting in the
enforcement of the ACA Code of Ethics.
American Counseling Association
Ethical Decision Making Model
1. Identify the problem.
2. Apply the ACA Code of Ethics.
3. Determine the nature and dimensions of the
dilemma.
4. Generate potential courses of action.
5. Consider the potential consequences of all
options, choose a course of action.
6. Evaluate the selected course of action.
7. Implement the course of action.
1. IDENTIFY THE PROBLEM
Gather as much information as you can.
Be as specific and objective as possible.
Write ideas on paper to help you gain clarity.
Outline the facts, separating out innuendos, assumptions, hypotheses,
or suspicions.
Ask yourself:
Is it an ethical, legal, professional, or clinical problem?
Is it a combination of more than one of these?
If a legal question exists, seek legal advice. Other questions that it may
be useful to ask yourself are:
Is the issue related to me and what I am or am not doing?
Is it related to a client and/or the client's significant others and what
they are or are not doing?
Is it related to the institution or agency and their policies and
procedures?
If the problem can be resolved by implementing a policy of an institution
or agency, you can look to the agency's guidelines.
2. APPLY ACA CODE OF ETHICS
Refer to the most current Code of Ethics to see if the
issue is addressed there.
If there is an applicable standard or several
standards and they are specific and clear,
following the course of action indicated should
lead to a resolution of the problem.
If a resolution does not seem apparent, proceed
with further steps in the ethical decision making
process.
3. Determine the nature and dimensions of
the dilemma
Consider the moral principles of autonomy, nonmaleficence,
beneficence, justice, and fidelity.
Decide which principles apply to the specific situation, and
determine which principle takes priority for you in this case.
Determine the priorities when two or more of them are in conflict.
Review the relevant professional literature to ensure that you are
using the most current professional thinking in reaching a
decision.
Consult with experienced professional colleagues and/or
supervisors.
Consult your state or national professional associations.
4. Generate potential courses of action.
Brainstorm as many possible courses of action as possible.
Be creative and consider all options.
If possible, enlist the assistance of at least one colleague to
help you generate options.
5. Consider the potential consequences of all options
and determine a course of action.
Evaluate each option.
Assess the potential consequences for all the parties involved.
Ponder the implications of each course of action for the client, for others
who will be effected, and for yourself as a counselor.
Eliminate the options that clearly do not give the desired results or cause
even more problematic consequences.
Review the remaining options to determine which option or combination of
options best fits the situation and addresses the priorities you have
identified.
6. Evaluate the selected course of action.
Review the selected course of action to see if it presents
any new ethical considerations.
Stadler (1986) suggests applying three simple tests to the
selected course of action to ensure that it is appropriate.
• the test of justice: assess your own sense of fairness
by determining whether you would treat others the
same in this situation.
• the test of publicity: ask yourself whether you would
want your behavior reported in the press.
• The test of universality asks you to assess whether
you would recommend the same course of action to
another counselor in the same situation.
7. Implement the course of action
Strengthen your ego to allow you to carry out your plan.
Follow up to assess the outcome of your actions.
If you follow a systematic model, you will be able to give a
professional explanation for the course of action you chose.
Van Hoose and Paradise (1979) suggest that a counselor "is
probably acting in an ethically responsible way concerning a
client if
(1) he or she has maintained personal and professional
honesty, coupled with
(2) the best interests of the client,
(3) without malice or personal gain, and
(4) can justify his or her actions as the best judgment of what
should be done based upon the current state of the
profession" (p.58).
American School Counselors Association
Ethical Decision Making Model
G.3. When faced with any ethical dilemma school counselors, school
counseling program directors/supervisors and school counselor
educators use an ethical decision-making model such as Solutions
to Ethical Problems in Schools (STEPS) (Stone, 2001):
Define the problem emotionally and intellectually
2. Apply the ASCA Ethical Standards and the law
3. Consider the students’ chronological and developmental levels
4. Consider the setting, parental rights and minors’ rights
5. Apply the moral principles
6. Determine your potential courses of action and their
1.
consequences
7. Evaluate the selected action
8. Consult
9.
Implement the course of action
References
Corey, G., Corey, M. S., & Callanan, P. (2006). Issues & ethics in the helping profession (7th ed.). California: Thomson
Brooks/Cole.
Forester-Miller, H. & Davis, Thomas (1996) A Practitioner's Guide to Ethical Decision Making, American Counseling
Association.
Francis, Perry C (2013) Overview of Revisions to the American Counseling Association 2005 Code of Ethics, ACA Ethics
Revision Task Force
Kitchener, K. S. (1984). Intuition, critical evaluation and ethical principles: The foundation for ethical decisions in
counseling psychology. Counseling Psychologist, 12(3), 43-55.
Sileo, F. & Kopala, M. (1993). An A-B-C-D-E worksheet for promoting beneficence when considering ethical issues.
Counseling and Values, 37, 89-95.
Stadler, H. A. (1986). Making hard choices: Clarifying controversial ethical issues. Counseling & Human Development,
19, 1-10.
Van Hoose, W.H. & Paradise, L.V. (1979). Ethics in counseling and psychotherapy: Perspectives in issues and decisionmaking. Cranston, RI: Carroll Press.
TEXAS STATE AGENCIES
Department of State Health Services
Texas Council on Sex Offender Treatment http://www.dshs.state.tx.us/csot/default.shtm
Texas Department of Family and Protective Services http://www.dfps.state.tx.us/
Texas Education Agency http://www.tea.state.tx.us/
Texas State Board of Examiners of Marriage and Family Therapists http://www.dshs.state.tx.us/mft/default.shtm
Texas State Board of Examiners of Professional Counselors http://www.dshs.state.tx.us/counselor/default.sht
PROFESSIONAL ASSOCIATIONS
National and State Professional Association Codes of Ethics
American Counseling Association Code of Ethics (2005)
http://www.counseling.org/Resources/CodeOfEthics/TP/Home/CT2.aspx
Texas Counseling Association http://www.txca.org/tca/Default.asp
American School Counselor Association Code of Ethics (2010)
http://asca2.timberlakepublishing.com//files/EthicalStandards2010.pdf
National Board for Counselor Certification Code of Ethics http://www.nbcc.org/ethics/Default.aspx
TEXAS CODES and LAW
Texas Administrative Code
(State Agency Rules) http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC
Title 22 Examining Boards
Part 30, Professional Counselors, Chapter 681, License and Regulation of Professional Counselors
Texas State Board of Examiners of Professional Counselors, Code of Ethics, Amended March 1, 2011
http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=5&ti=22&pt=30&ch=681&sch=C&rl=Y
Part 34, Chapter 781, Rules Relating to the Licensing and Regulation of Social Workers, June 12, 2011
Texas State Board of Social Workers Examiners Code of Conduct (January 27, 2011))
http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=5&ti=22&pt=34&ch=781&sch=B&rl=Y
Part 35. Marriage and Family Therapists, Chapter 801. Licensure and Regulation of Marriage and Family Therapists,
Texas State Board of Examiners of Marriage and Family Therapists, Code of Ethics, Amended June 5, 2011
http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=5&ti=22&pt=35&ch=801&sch=C&rl=Y
Texas Civil Practice and Remedies Code http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.81.htm
Title 4. Liability in Tort, Chapter 81. Sexual Exploitation by Mental Health Services Provider
Chapter 81 Duty to Report Sexual Exploitation by a Mental Health Services Provider
This statute requires a mental health services provider who, during the course of providing services to a client, learns that the client
has been sexually exploited by a mental health services provider, to report that knowledge to the appropriate licensing agency and
the appropriate district attorney within 30 days.
Texas Education Code http://www.statutes.legis.state.tx.us/?link=ED
Chapter 33 Service Programs and Extracurricular Activities
Subchapter A School Counselors and Counseling Programs - This statute addresses responsibilities of school counselors and
parental involvement
Texas Family Code
Chapter 32 Consent to Medical, Dental, Psychological, and Surgical Treatment by a Minor
This statute addresses consent to treat a minor by a non-parent; consent form; consent to treatment by child; and consent to
counseling. http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.32.htm
Chapter 153 Conservatorship, Possession, Access - This statute addresses rights and duties of managing conservators and
possessory conservators of minor children. http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.153.htm
Chapter 261 Report of Abuse or Neglect - This statute addresses persons required to report; time to report; matters to be reported;
report to appropriate agency; contents of report; referral of report by department of law enforcement; notification of district attorneys;
immunities; false report; and failure to report. http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.261.htm
Texas Health and Safety Code
Chapter 161.132 Report of Abuse or Neglect -This statute requires a person to report abuse or neglect in an inpatient mental health
facility, a treatment facility, or a hospital to the facility licensing agency.
Chapter 161.201-204 Medical or Mental Health Records - This statute addresses a prohibition against a mental health provider
charging a client for a mental health record to be used for purposes relating to an application for benefits and assistance under
certain state and federal government programs.
Chapter 611 Mental Health Records - This statute addresses mental health records: confidentiality;
authorized disclosure of confidential information other than in judicial or administrative proceeding; right to mental health record; legal
remedies for improper disclosure or failure to disclose; authorized disclosure of confidential information in judicial or administrative
proceeding; revocation of consent; request by patient.
Texas Human Resources Code http://www.statutes.legis.state.tx.us/Docs/HR/htm/HR.48.htm
Chapter 48 Requires Report of Abuse or Neglect of Elderly or Disabled Person
Texas Occupations Code
Chapter 53 Consequences of Criminal Conviction - This statute addresses the authority of a licensing agency to revoke, suspend,
and deny licenses due to a criminal conviction of a license holder or license applicant.
http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.53.htm
Chapter 110 - Sex Offender Treatment Providers http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.110.htm
Chapter 502 - Marriage and Family Therapists
http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.502.htm
Chapter 503 - Professional Counselors http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.503.htm
Chapter 504 - Chemical Dependency Counselors http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.504.htm
Chapter 505 - Social Workers http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.505.htm
Texas Penal Code
Chapter 22.011 Sexual Assault –
This statute addresses sexual assault of a client or former client by a mental health professional.
http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.22.htm#00