Ethics: From Aristotle to Generation Z Steve Franklin, MSW, LCSW www.SteveFranklinMSW.com Aristotle: “Ethics” 'Chief Good' is, 'that which all things aim at,... The knowledge of it must have great weight; and like archers, with a mark in view, we shall be more likely to hit upon what is right. values determine what is right and what is wrong, and Doing what is right or wrong is what we mean by ethics … to behave ethically is to behave in a manner that is consistent with what is generally considered to be right or moral Ethical behavior is the bedrock of mutual trust to behave ethically is to behave in a manner that is consistent with what is generally considered to be right or moral Ethical behavior is the bedrock of mutual trust (National Defense University for U.S. Army ) Values are the rules by which we make decisions about right and wrong, should and shouldn't, good and bad. They also tell us which are more or less important, which is useful when we have to trade off meeting one value over another. Ethical Dilemmas allfreeessays.com A Summary Of Forester-Miller, H., & Davis, T.E. (1995). A Practitioner’S Guide To Ethical Decision Making. Alexandria, Va: American Counseling Association Ethical Dilemmas (1) identify the problem; (2) apply your 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…then determine a course of action; (6) evaluate the selected course of action; (Three Tests) (7) implement this action. Ethical Dilemmas (1) identify the problem gather data; be specific and objective: ethical? Legal? Clinical? Ethical Dilemmas (2) apply your Code of Ethics Ethical Dilemmas (3) determine the nature and dimensions of the dilemma; conflicting values? Legal, ethical or moral obligations? What principles apply? What is your bias (what answer are you hoping for)? Ethical Dilemmas (4) generate potential courses of action; brainstorm consult survey Ethical Dilemmas (5) consider the potential consequences of all options and then determine a course of action Ethical Dilemmas (6) evaluate the selected course of action; Stadler (1986): Three tests • Test of Justice: would you treat others the same in this situation • Test of Publicity: would want your behavior reported in the press. • Test of Universality: would you recommend same course of action to another counselor in the same situation Ethical Dilemmas (Return to step 1 if solutions aren’t satisfactory) (7) implement this action. Document! Media of communication and data storage • Competency to practice • Protection of client privacy Vocal/person-to-person • Human brain expanded to accommodate gossip. • Eavesdropping (non-electronic) • Information can be shared. • Information can misremembered, misrepresented, lied about, forgotten Stone Tablets • • • • Long-lasting Hard to shred Hard to redact But at least it’s “set in stone” Paper • • • • • • Mail: Where is it delivered? Where is it picked up? Shredding Are files secure? Can be copied. Copies may fade over time May be illegible Fax Invented around 1850 • Who else might see a fax you receive • Who else might see a fax you send? • Do you have the right number? • No encryption involved with FAX; • hard wired transmission; some consider it more secure. • Use partial SS#/ID when practical • Efax-type (fax server) Phone Land line • Susceptible to being tapped • Call clients from home? • Voice mail • Extension line • *67/callbacks Cellular Phone • Password protected? • Would a family member ever pick up … see text messages/caller ID? • Can be intercepted • Voice Mail Text Messaging • Evolving Etiquette, style • Rules elucidated • because they are broken! • Don’t text while in a face-to-face conversation • SMS shouldn't be used for formal communications, such as breaking up • Don’t jump to conclusions or get offended if you don’t get a reply. • Be aware of your tone. (You will be misconstrued.) • Don't SMS while you're driving. • • • • • Leave the slang to the kids. Remember that SMS can be traced. Be conscientious of others' schedules. If it's immediate, make a voice call. Remember that your phone does have an off button. • + • Make sure you have the right address! • DON’T WRITE IN ALL CAPITALS Abbreviations • A3 Anytime, anywhere, anyplace AAF As a matter of fact AAK Asleep at keyboard AAMOI As a matter of interest AAP Always a pleasure AAR At any rate AAS Alive and smiling ACK Acknowledge ADD Address ADN Any day now ADR Address AEAP As early as possible • AFAIK As far as I know AFK Away from keyboard AFPOE A fresh pair of eyes AIGHT Alright AISB As it should be AKA Also known as ALCON All concerned AML All my love AOTA All of the above ASAP As soon as possible A/S/L Age/sex/location ASL Age/sex/location AT At your terminal ATM At the moment AWOL Away without leaving AYEC At your earliest convenience AYOR At your own risk AYSOS Are you stupid or something AYTMTB And you're telling me this because B/F Boyfriend B4 Before B4N Bye for now BAK Back at keyboard BAU Business as usual BB Be back BBIAF Be back in a few BBIAM Be back in a minute BBIAS Be back in a sec BBL Be back later BBQ Be back quickly BBS Be back soon BBT Be back tomorrow BC Because BCNU Be seein' you BCOS Because BF Best friend • BDN Big damn number BFN Bye for now BG Big grin BGWM Be gentle with me BFG Big f***ing grin BIOYN Blow it out your nose BLNT Better luck next time BM&Y Between me and you BOL Best of luck BPLM Big person little mind BRB Be right back BRT Be right there BTA But then again BTDT Been there, done that BTW By the way CMIIW Correct me if I'm wrong CMON Come on COB Close of business COS Because C/P Cross post CR8 Create CRB Come right back CRBT Crying really big tears CU See you CUA See you around CUL See you later CUL8R See you later CWYL Chat with you later CYA See ya CYO See you online D/L Download DL Download DEGT Don't even go there DIKU Do I know you? DQMOT Don't quote me on this DTS Don't think so DV8 Deviate EBKAC Error between keyboard and chair EF4T Effort EG Evil grin EMA E-mail address EMFBI Excuse me for butting in EMSG E-mail message ENUF Enough EOD End of day EOM End of message EVA Ever EZY Easy F2F Face to face F2T Free to talk FBM Fine by me FC Fingers crossed FICCL Frankly I couldn't care a less FISH First in, still here FOMCL Falling off my chair laughing FITB Fill in the blank • FRT For real though FWIW For what it's worth FYEO For your eyes only FYI For your information G Grin G/F Girlfriend G2CU Good to see you G2G Got to go G2R Got to run G9 Genius GA Go ahead GAL Get a life GB Goodbye GBU God bless you GDR Grinning, ducking, and running GD/R Grinning, ducking, and running GFI Go for it GG Gotta Go or Good Game GIAR Give it a rest GIGO Garbage in, garbage out GL Good luck GL/HF Good luck, have fun GLNG Good luck next game GMTA Great minds think alike GOI Get over it GOL Giggling out loud GR8 Great GR&D Grinning, running and ducking GT Good try GTG Got to go GTRM Going to read mail H&K Hugs & kisses H2CUS Hope to see you soon H8 Hate HAGN Have a good night HAGO Have a good one HAND Have a nice day HF Have fun HHIS Head hanging in shame HOAS Hold on a second HRU How are you? HTH Hope this helps HV Have IAC In any case IANAL I am not a lawyer IB I'm back IC I see ICBW It could be worse IDK I don't know IDTS I don't think so IDUNNO I don't know IG2R I got to run IIRC If I remember correctly ILBL8 I'll be late • • ILU I love you ILY I love you IM Instant message IMHO In my humble opinion IMNSHO In my not so humble opinion IMO In my opinion IMS I am sorry INAL I'm not a lawyer IOW In other words IRL In real life IRMC I rest my case IUSS If you say so IYKWIM If you know what I mean IYO In your opinion IYSS If you say so J00R Your JAC Just a sec JIC Just in case JJA Just joking around JK Just kidding JMO Just my opinion JP Just playing K8T Katie k/b Keyboard KB Keyboard KISS Keep it simple, stupid KIT Keep in touch KOC Kiss on cheek KOTC Kiss on the cheek KOTL Kiss on the lips KNIM Know what I mean? l33t Leet, meaning "elite" L8R Later LD Later, dude / Long distance LERK Leaving easy reach of keyboard LMAO Laughing my a** off LOL Laughing out loud LTM Laugh to myself LTNS Long time no see LYLAS Love you like a sis M8 Mate MFI Mad for it MorF Male or female? MoS Mother over shoulder MSG Message MTF More to follow MTFBWU May the force be with you MUSM Miss you so much MYOB Mind your own business n00b Newbie N1 Nice one NBD No big deal NE Any NE1 Anyone NFM None for me / Not for me NIMBY Not in my back yard • NLT No later than NM Nothing much / Never mind NMH Not much here NO1 No one NOYB None of your business NP No problem NRN No response/reply necessary NVM Never mind NW No way NW) No way out OIC Oh, I see OMG Oh my God OMW On my way OO Over and out OOH Out of here OOTD One of these days OP On phone OTB Off to bed OTL Out to lunch OTOH On the other hand OTT Over the top OTTOMH Off the top of my head OTW Off to work OVA Over PCM Please call me PDQ Pretty darn quick PLMK Please let me know PLS Please PLZ Please PM Private Message PMFI Pardon me for interrupting PMFJI Pardon me for jumping in POAHF Put on a happy face POS Parent over shoulder PPL People PROLLY Probably PRT Party PRW People/parents are watching PTL Praise the Lord PTMM Please tell me more PXT Please explain that PU That stinks! Q Queue QIK Quick QT Cutie • • RL Real life RP Role play RME Rolling my eyes ROFL Rolling on floor laughing ROTFL Rolling on the floor laughing ROTFLUTS Rolling on the floor laughing unable to speak RSN Real soon now RTFM Read the f***ing manual RUOK Are you okay? SAL Such a laugh SC Stay cool SETE Smiling Ear-to-Ear SICNR Sorry, I could not resist SIG2R Sorry, I got to run SIS Snickering in silence SIT Stay in touch SLAP Sounds like a plan SMHID Scratching my head in disbelief SNAFU Situation normal all fouled up SO Significant other SOL Sooner or later SOMY Sick of me yet? SOTMG Short of time, must go SPK Speak SPST Same place, same time SRY Sorry SS So sorry SSDD Same stuff, different day SSINF So stupid it's not funny STR8 Straight STW Search the Web SUITM See you in the morning SUL See you later SUP What's up? SYL See you later T+ Think positive TA Thanks a lot TAFN That's all for now TAM Tomorrow a.m. TBC To be continued TBD To be determined TBH To be honest TC Take care TGIF Thank God it's Friday THX Thanks • THNX Thanks THNQ Thank-you TIA Thanks in advance TIAD Tomorrow is another day TLK2UL8R Talk to you later TMB Text me back TMI Too much information TMOT Trust me on this TMWFI Take my word for it TNSTAAFL There's no such thing as a free lunch TPM Tomorrow p.m. TPTB The powers that be TSTB The sooner, the better TTFN Ta ta for now TTTT These things take time TTYL Talk to you later TTYS Talk to you soon TU Thank you TY Thank you TYT Take your time TYVM Thank you very much UCMU You crack me up UGTBK You've got to be kidding UKTR You know that's right UL Upload UR Your / You're UV Unpleasant visual UW You're welcome VEG Very evil grin VFM Value for money VGC Very good condition VIP Very important person VM Voice mail VSF Very sad face WAM Wait a minute WAN2TLK Want to talk WAYF Where are you from? W/B Write back WB Welcome back WC Who cares WCA Who cares anyway WIBNI Wouldn't it be nice if WDALYIC Who died and left you in charge WDYK What do you know • • WIIFM What's in it for me? WISP Winning is so pleasurable WITW What in the world WIU Wrap it up WK Week WKD Weekend WRT With regard to WOMBAT Waste of money, brains and time WRK Work WRUD What are you doing? WTB Wanted to buy WTF What the f**k WTG Way to go WTH What the heck? or What the hell? WU? What's up? WUCIWUG What you see is what you get WUF? Where you from? WWJD What would Jesus do? WWYC Write when you can WYLEI When you least expect it WYSIWYG What you see is what you get X Kiss XLNT Excellent YA Your YBS You'll be sorry YCMU You crack me up YGBKM You've got to be kidding me YKWYCD You know what you can do YMMV Your mileage may vary YR Your YR Yeah right YRYOCC You're running your own cookoo clock YSYD Yeah sure you do YW You're welcome ZZZZ Sleeping (or bored) @TEOTD At the end of the day 143 I love you 2Day Today 2G2BT Too good to be true 2MORO Tomorrow 2NITE Tonight 404 I don't know 4EAE Forever and ever Computer • Password required to boot up? • Password-protected files • Password Protected/encrypted Bit Locker (Windows 7/Vista Enterprise and Ultimate) Virtual disk encryption: free otfe • Password complexity/security • Backup • Hard to erase hard drive (drill bit) Firewall Windows pretty good, but hackers target VPN (Virtual Private Network): home/office computer remote access with encrypted connection (LT2P is highest level) USB stick can carry virus Wifi Wireless Local Area Network (WLAN) Password protection? • Without encryption, data can be monitored and recorded • WPA2(WifiProtectedAccess 2); • WEP (Wired Equivalent Privacy) easier to crack • Wireless Printer Email • Mom: “You don’t know where that’s been!” • Email: “You don’t know where that’s going.” • Who else has your email password? • (Office staff? Family?) • Protect it from hijacking • Password complexity • Alert to viruses • Phishing E-mail Policies and Procedures • Standard Turnaround Time for Response • Acceptable Message Content/Purpose • When Not To Use E-mail • Emergencies or Crises • Confidentiality and Privacy Identifying code word/phrase Encryption • Informed Consent to use email • Part of record? • Is it psychotherapy? Advantages • • • • • Expanded access/ geographical availability email avoids scheduling issues no pressure to think quickly precise recordkeeping computer doesn’t interrupt or react in a triggering manner; • travel time & expense, • agopraphobia/social phobics/other trust issues; anxiety/stigma; comfort of home; may feel safer • • • • • • • • • • Disadvantages Miss subtle cues of sound/body language Miss emotional reassurance and mirroring Unexpected technical difficulties Competence in new medium (rhythm) Boundaries: are emails a session? Does client have legal recourse? Informed consent? What if mandated to clients Cultural competency if anonymous? Crises Instant Messaging? Hybrid of email and text Blogs Personal Professional Internet • Password complexity • Unknown sites may try your password elsewhere • Phishing: realistic/official/urgent looking • Don’t click on link to sensitive sites, eg. Bank, email, etc. • Avoid opening files of unknown origin even if you know the “from” • Antivirus software Facebook • Hard for some students/recent graduates to imagine being without it. • Grads becoming cognizant of image they project • What does it mean to “friend” someone? Invitation to your social circle. Facebook • Privacy Settings “Friends Only” “Friends of Friends” (who knows who?) • Groups/Fans of../specialty pages may reveal your personal information • Professional-only page • How do you respond to Wall posts • Do you offer advice? Consolation? Encouragement? • Will “members” identify other members from wall posts? Twitter • Don’t mix professional and personal; could have separate accounts (but keep them straight!) • Tweets are publicly visible by default; however, senders can restrict to just their followers • What would you use it for? Yahoo Listserv • “Members Only” • Best Practices sharing • Brainstorming • Resource referrals • Avoid unnecessary client information. • Is your email secure? e-counseling • Medicare… Fraud, Waste and Abuse Compliance definition includes • “ Providing services over the telephone or Internet and billing using face-to-face codes” • BUT individual /group psychotherapy codes are specified for telehealth e-counseling • Medicare: Remote Patient Face-To-Face, Interactive Services • • • • must be provided to an eligible Medicare beneficiary in an eligible facility (originating site) located outside of a metropolitan area. “The use of a telecommunications system may substitute for a face-to-face, "hands on" encounter for consultation, office visits, individual psychotherapy … • Missouri Telehealth … institutional based videoconferencing bills 7 insurance companies e-counseling • Skype/video • www.ismho.org (International Society for Mental Health Online) • http://acto-uk.org/ (Association for Counselling and Therapy Online) e-counseling California claims jurisdiction over any activity in CA S. Carolina State Board of Examiners in Psychology “According to statute, jurisdiction is determined by the residence of the provider. … can regulate the activities of only those providers who reside in South Carolina. ... Should you “go out of state” for psychological treatment, you do so at your own risk. e-counseling • Some states: have created limited or special licenses to practice telemedicine which offer out-of-state providers a restricted license for infrequent or irregular contacts. • Many, but not all, licensing laws allow temporary practice by persons not licensed in that jurisdiction e-counseling • Rules for temporary practice vary • Number of days varies from 0 to unlimited with 30 days most common • Notification/registration with board varies from advanced authorization for specific service to no notice required • Scope of practice allowed under temporary authority varies from consultative or forensic work to full range of psychological services e-counseling • Option A. Simply ignore the laws since they are out of date. • Option B. Skirt laws by flying "under the radar" • Option C. Challenge the laws by flaunting unlicensed practice • Option D. Support Efforts to Update & Improve Telepsychology Provisions in Licensing Law "I don't know one person who has been pursued by a licensing board for practicing online... but you don't want to be the poster case." e-counseling …or ? • What if you call it something else, like “Coaching” • "You can NOT do the things described as being within the purview of a profession…unless you are licensed to practice that profession. • “If someone says they are a “life coach” but is providing psychological services, they are practicing psychology…"whether they call themselves a psychologist or not." Stephen T. DeMers, Ed.D. • • • • • • Online or telephone therapy may be… Adjunctive; e.g. a regular face to face client while one of you is out of town. Continuity: continue with a client who has moved; or temporarily housebound Based in scarcity: provide services to rural areas with few therapists; or where home visits are unavailable. Marketing strategy: significant or predominant part of your caseload as a means of reaching new clients Clinical consideration: reach clients who might be overwhelmed in person, or concerned with confidentiality. Intra- or inter-state American Counseling Association Records of Electronic Communications (Approved by the ACA Governing Council, October 1999; subsequently incorporated into Code of Ethics) http://mooramoora.org.au/bobrich/psych/ethical.html • Professional counselors maintain appropriate procedures • for ensuring the safety and confidentiality of client information • acquired through electronic communications, • including but not limited to … American Counseling Association • encryption software; • proprietary on-site file servers with fire walls; • saving on-line or e-mail communications to the hard drive or file server computer systems; • creating regular tape or diskette back-up copies; • creating hard-copies of all electronic communications; and the like American Counseling Association • Clients are informed about the length of time for, • and method of, preserving session transcripts. • Professional counselors warn clients of the possibility or frequency of technology failures and time delays in transmitting and receiving information. NASW Code of Ethics SW who provide services via electronic media (such as computer, telephone, radio, and television) should inform recipients of the limitations and risks associated with such services. SW should protect the confidentiality of clients’ written and electronic records and other sensitive information. Social workers should take reasonable steps to ensure that clients’ records are stored in a secure location and that clients’ records are not available to others who are not authorized to have access. SW should take precautions to ensure and maintain the confidentiality of information transmitted to other parties through the use of computers, electronic mail, facsimile machines, telephones and telephone answering machines, and other electronic or computer technology. Disclosure of identifying information should be avoided whenever possible. American Psychological Association American Association of Marriage and Family Therapists • • • • • Electronic media referenced in a few areas by adding to a list of various ways services may be delivered and to which admonishments apply. American Counseling Association-2005 A.12. Technology Applications A.12.a. Benefits and Limitations Counselors inform clients of the benefits and limitations of using information technology applications in the counseling process and in business/billing procedures. Such technologies include but are not limited to computer hardware and software, telephones, the World Wide Web, the Internet, online assessment instruments and other communication devices. A.12.b. Technology-Assisted Services When providing technology-assisted distance counseling services, counselors determine that clients are intellectually, emotionally, and physically capable of using the application and that the application is appropriate for the needs of clients. A.12.c. Inappropriate Services When technology-assisted distance counseling services are deemed inappropriate by the counselor or client, counselors consider delivering services face to face. A.12.d. Access Counselors provide reasonable access to computer applications When providing technology-assisted distance counseling services. A.12.e. Laws and Statutes Counselors ensure that the use of technology does not violate the laws of any local, state, national, or international entity and observe all relevant statutes. A.12.f. Assistance Counselors seek business, legal, and technical assistance when using technology applications, particularly when the use of such applications crosses state or national boundaries. A.12.g. Technology and Informed Consent As part of the process of establishing informed consent, counselors do the following: 1. Address issues related to the difficulty of maintaining the confidentiality of electronically transmitted communications. 2. Inform clients of all colleagues, supervisors, and employees, such as Informational Technology (IT) administrators, who might have authorized or unauthorized access to electronic transmissions. 3. Urge clients to be aware of all authorized or unauthorized users including family members and fellow employees who have access to any technology clients may use in the counseling process. 4. Inform clients of pertinent legal rights and limitations governing the practice of a profession over state lines or international boundaries. 5. Use encrypted Web sites and e-mail communications to help ensure confidentiality when possible. 6. When the use of encryption is not possible, counselors notify clients of this fact and limit electronic transmissions to general communications that are not client specific. 7. Inform clients if and for how long archival storage of transaction records are maintained. 8. Discuss the possibility of technology failure and alternate methods of service delivery. 9. Inform clients of emergency procedures, such as calling 911 or a local crisis hotline, when the counselor is not available. 10. Discuss time zone differences, local customs, and cultural or language differences that might impact service delivery. 11. Inform clients when technology assisted distance counseling services are not covered by insurance. (See A.2.) A.12.h. Sites on the World Wide Web Counselors maintaining sites on the World Wide Web (the Internet) do the following: 1. Regularly check that electronic links are working and professionally appropriate. 2. Establish ways clients can contact the counselor in case of technology failure. 3. Provide electronic links to relevant state licensure and professional certification boards to protect consumer rights and facilitate addressing ethical concerns. 4. Establish a method for verifying client identity. 5. Obtain the written consent of the legal guardian or other authorized legal representative prior to rendering services in the event the client is a minor child, an adult who is legally incompetent, or an adult incapable of giving informed consent. 6. Strive to provide a site that is accessible to persons with disabilities. 7. Strive to provide translation capabilities for clients who have a different primary language while also addressing the imperfect nature of such translations. 8. Assist clients in determining the validity and reliability of information found on the World Wide Web and other technology applications. Special thanks to Jeremy Peterson Micro Center 4/11/12 Appendix SAMPLE: Standards for Communication If you have a life threatening emergency, and your are unable to reach me, I suggest you call Life Crisis Services Hot Line (6474357), Behavioral Health Response(800-811-4760), or “911”. Paper: Paper records created in intake, therapy sessions, or related correspondence will be maintained in a client file. The client file will only be accessible to me and you, unless explicit permission is granted by you, or there is a requirement under law to disclose information (consistent with limits of confidentiality reviewed at intake, and my Notice of Privacy Practices.) On occasion, I may contract with staff to assist with billing and other administrative matters, and they would also have access to files. Appendix SAMPLE: Standards for Communication Telephone: Messages left on my voice mail are secure, accessible only by me with a password. You can normally expect a response within 24 hours. If you are requiring a more urgent response, follow instructions on the voice mail message to flag it as an urgent message, and I will respond appropriately. If there are occasions when I may be out of the office and checking my voice mail less frequently, I will leave special notice and instructions in the voice mail message. If you give me a phone number, as a general contact number, or a call back number in a voice mail message, I will assume it is acceptable to leave a message at that number with basic information, such as an answer to a question or scheduling information, unless you advise me otherwise. Appendix SAMPLE: Standards for Communication Fax: Faxes are received by me in an electronic form and access is password protected, only viewed by me. I can typically be expected to access a fax message within 24 hours. Response will be determined by the priority I determine. If you require a particularly prompt response, talk with me directly to make arrangements. Email Email is received by me and access is password protected, only viewed by me. I can typically be expected to access an email message within 24 hours. Response will be determined by the priority I determine. You should normally expect I will respond at the next session. If you require a particularly prompt response, talk with me directly to make arrangements. I will assume that your email communication is safe and secure if I choose to respond by email, unless you advise me otherwise. Email can be a convenient way of passing along information you want to remember to discuss in a session, or even as a way of journaling for emotional expression. It is not a usually a good choice for addressing a crisis. Appendix SAMPLE: Standards for Communication Text Messaging (SMS): Text Messages appear on my phone as soon as they are received. However, I may not read the message until a later time. If a response is requested, I will typically respond within 24 hours. If a response is not explicitly requested, I will choose whether to respond. Text messages may be convenient to communicate simple information such as scheduling, but is not usually a good medium for discussing emotional or cognitive issues. Social Media (e.g. Facebook, Twitter, Linked In, etc): As a matter of policy, I do not join a client’s Social Media Network, or include a client in Social Media Networks I may participate in. This helps maintain the privacy and personal boundaries of our therapeutic relationship. In-person: There may be occasions when we unexpectedly “run into each other” outside of the office, such as at a store, or event, etc. I will typically ignore or not acknowledge knowing a client to protect your privacy. This may seem awkward, but it also avoids the awkwardness of deciding how to explain to someone how we know each other.