Introduction to Professional Ethics Chapter One Codes of Ethics General ethics codes are often supplemented by specialty guidelines that cover inadequately covered areas of concern. Ethics codes are usually broad and general rather than precise and specific. Ethics codes are not sufficient for exercising ethical responsibility. Ethical Limitations Some issues cannot be handled only by relying on ethics codes. Codes often lack clarity and precision. Learning ethical codes does not guarantee ethical practice. Consumers may not know if a helper is behaving unethically. Ethical Limitations continued There are sometimes conflicts within ethics codes. All ethical codes are not uniform. Ethical codes are reactive, not proactive. Your personal values may conflict with an ethical code standard. Codes may conflict with institutional rules. Ethical Limitations continued Ethical codes must be adapted to specific cultures. Codes may not align with state laws. Not all members will agree with all proposed ideas. Using Codes of Ethics Ethics codes do not remove all need for judgment and ethical reasoning. Ethics courses often cover laws, disciplinary codes, and risk management strategies, but do not focus on best practices. The primary purpose of a a code of ethics is to safeguard the welfare of clients. The community standard (what professionals actually do) is generally less rigorous than the ethical standard (what professionals should do). Objective of Ethical Codes (Herlihy & Corey, 2006) Educate professionals about sound ethical conduct. Provide a mechanism for professional accountability. Serve as catalysts for improving practice. Ethical Codes & the Law Ethics: the standards that govern the conduct of its professional members. Law: the body of rules that govern the affairs of people within a community, state, or country. Every code of ethics state that professionals must act in accordance with relevant federal and state statutes and government regulations. Determining IF a Legal Issue is Involved Determine if legal proceedings have been initiated. Determine if lawyers are involved. Determine if the practitioner is in danger of having a complaint filed against him or her for misconduct (Remley & Herlihy, 2005). Ethics Codes and the Law Laws and ethics codes are usually put into place based on what has occurred rather than being enacted due to what might occur in the future. Common places for conflicts between ethics codes and the law include: advertising, confidentiality, counseling minors, and clients’ rights of access to their own files. HIV and “The Duty to Warn” The ACA’s standard concerning contagious, lifethreatening diseases indicates that practitioners MAY be justified in reporting to an identifiable third party, “under certain circumstances.” Utah’s state statute seems to encourage such warning. However, in CA, this ACA standard could conflict with state law and thus place the individual who shares this information at risk for fines, civil penalties, incarceration, and loss of license. Evolution of Ethics Codes Codes are revised periodically. It was 10 years between the latest revisions for the ACA and the APA. Some professional organizations also provide casebooks which interpret and explain various ethical standards found in the code. These casebooks can never replace the informed judgment and goodwill of the individual counselor. Emerging Issues Cultural considerations and a continued emphasis on the role of diversity in counseling practice. The influence of technology on counseling. Proactively addressing the impaired professional. Professional Monitoring of Practice Counselors must sometimes explain to clients how to lodge an ethical complaint. Practitioners who are expelled from the association may also face the loss of their license or certificate to practice. Cases that result in expulsion are often serious enough to involve law enforcement and criminal charges. The Stages of an Ethical Complaint (1) The committee launches an investigation and deliberates on the case. (2) A disposition is reached. (3) The complaint may be dismissed. (4) Specific charges within the complaint may be dismissed. (5) The committee may find that ethical standards have been violated and impose sanctions. Types of Sanctions Reprimand Probation or suspension for a specified period of time A recommendation that the member be allowed to resign from the organization A recommendation that the member be expelled A recommendation that a specific course of remedial action be taken. Key Terms in Ethical Decision Making Values: beliefs and attitudes that provide direction to everyday living. Ethics: beliefs we hold about what constitutes right conduct. Morality: concerned with perspectives of right and proper conduct and involves an evaluation of actions on the basis of some broader cultural context or religious standard. Key Terms continued Community Standards: mores that vary on an interdisciplinary, theoretical, and geographical basis. Reasonableness: the care that is ordinarily exercised by others practicing within that specialty in the professional community. Courts have consistently found that mental health care providers have a duty to exercise a reasonable degree of skill, knowledge, and care. Key Terms continued Professionalism: behaving in a professional manner with clients, other professionals in the field, and whoever else one comes into contact with. It is possible to act unprofessionally and still not act unethically (such as not returning a client’s phone calls promptly, provided it is not a crisis). Levels of Ethical Practice Mandatory Ethics: a level of ethical functioning wherein counselors act in compliance with minimal standards, acknowledging the basic “musts” and “must nots.” Aspirational Ethics: the highest standards of thinking and conduct professional counselors seek, and it requires that counselors do more than simply meet the letter of the ethics code. Levels of Ethical Practice continued Those practicing aspirational ethics think about the effects their interventions may have on the welfare of their clients. When we hear the term “unethical,” we often think of extreme violations, but in reality, most violations of ethics probably happen inadvertently. Professional literature has not offered much help in dealing with minor infractions committed by professionals. Principle Ethics & Virtue Ethics Principle Ethics: a set of obligations and a method that focuses on moral issues with the goals of (a) solving a particular dilemma or set of dilemmas and (b) establishing a framework to guide future ethical thinking and behavior. Virtue Ethics: focuses on the character traits of the counselor and nonobligatory ideals to which professionals aspire rather than on solving specific ethical issues. Professional counselors should strive to incorporate both types of ethics. Core Virtues in Making Ethical Decisions Prudence Integrity Respectfulness Benevolence (Meara and colleagues, 1996) Five Characteristics of VIRTUOUS professionals They do what is right because it is right, not out of obligation or fear. They rely on vision and discernment They have compassion and sensitivity. They are self-aware. They are in touch with their community and understand the importance of community in moral decision making, policy setting, and character development. (Meara and colleagues, 1996) Moral Principles to Guide Decision Making Autonomy Nonmaleficence Beneficence Justice Fidelity Veracity Autonomy Autonomy: the promotion of selfdetermination, or the freedom of clients to choose their own direction. Helping services are based on Western values that value individualism. Ethical practice involves considering the influence of cultural variables in the counseling relationship. Nonmaleficence & Beneficence Nonmaleficence: avoiding doing harm, which includes refraining from actions that risk hurting clients. Behaviors that we often assign diagnostic labels to, such as inhibition of emotional expression, hesitation to confront, being cautious about self-disclosing, or not making direct eye contact while speaking, may be considered NORMAL in other cultures. Beneficence: promoting good for others. Justice, Fidelity, & Veracity Justice: to be fair by giving equally to others. Fidelity: means that professionals make promises and keep these promises. Veracity: truthfulness. Steps in Making Ethical Decisions (Hill et.al, 1995) Recognizing a problem Defining the problem (collaboration with client is essential at this stage) Developing solutions (with client) Choosing a solution Reviewing the process (with client) and rechoosing Implementing and evaluating (with client) Continuing reflection Ethical Decision Making Steps Identify the problem or dilemma. Consultation with your client begins here and continues throughout the process of working toward an ethical decision. Identify the potential issues involved. Evaluate the rights, responsibilities, and welfare of all those who are affected by the situation. If possible, involve the client in identifying potential issues in the situation. Ethical Decision Making Steps continued Review the relevant ethics codes. Consider whether your own values and ethics are consistent with, or in conflict with, the relevant codes. Know the applicable laws and regulations. This is especially critical in matters of keeping or breaching confidentiality, reporting child or elder abuse, dealing with issues pertaining to danger to self or others, parental rights, record keeping, assessment, diagnosis, licensing statutes, and the grounds for malpractice. Ethical Decision Making Steps continued Obtain consultation. Do not limit the individuals with whom you consult to those who share your viewpoint. Seeking consultation can protect you in court. Consider possible and probable courses of action. By listing a wide variety of courses of action, you may identify a possibility that is unorthodox but useful. Ethical Decision Making Steps continued Enumerate the consequences of various decisions. Consider the potential risks and benefits of each approach. Decide on what appears to be the best course of action. The more obvious the dilemma, the clearer is the course of action. The more subtle the dilemma, the more difficult the decision will be. Deciding on the Best Course of Action continued Try not to second-guess your course of action. Hindsight does not invalidate the decision you made based on the information you had at the time. Deciding on the Best Course of Action continued Evaluate your course of action by asking these questions: How does my action fit with my profession’s code of ethics? To what degree does the action taken consider the cultural values and experiences of the client? How have my own values been affirmed or challenged? How might others evaluate my action? What did I learn from dealing with this ethical dilemma? Models of Ethical Decision Making Feminist Model: calls for maximum involvement of the client at every stage of the process and believes that power should be equalized in the therapeutic relationship. Social Constructionist Model: focuses primarily on the social aspects of decision making in counseling. Transcultural Integrative Model: addresses the need for including cultural factors in the process of resolving ethical dilemmas. Dealing with Suspected Unethical Behavior of Colleagues Most professional organizations have specific ethical standards that clearly place the responsibility for confronting recognized violations squarely on members of their profession. Ignoring an ethical violation is considered to be a violation in itself. It is usually best to tell a colleague directly when you have concerns about his/her behavior. Dealing with Suspected Unethical Behavior of Colleagues Most professional organizations have specific ethical standards that clearly place the responsibility for confronting recognized violations squarely on members of their profession. Ignoring an ethical violation is considered to be a violation in itself. It is usually best to tell a colleague directly when you have concerns about his/her behavior.