MIND THE GAP

1. MIND THE GAP Frances Kaplan & Janice Havlena

2. THE GAP There is no ethical oversight for AATA members who are not credentialed professionals. There is no bridge between AATA & ATCB Ethics.

3. BYLAWS CHANGE:ETHICS, 2009 • “The Ethics Committee shall have the responsibility to recommend and endorse the Ethical Principles for Art Therapists as adopted by the board of directors, and to recommend changes to the Ethical Principles subject to approval by the board.” • NOTE: “Endorse” has been substituted for “implement”.

4. ATCB STATEMENT “… only ATCB credential holders and those who have applied for ATCB credentials are subject to the ATCB Code of Professional Practice.” Response to Ethics Committee, 2009

5. AATA BYLAWS: ETHICS(Current -unchanged) “By applying for and accepting AATA membership in any category, each member of AATA agrees to be bound by the Ethical Principles for Art Therapists.”

6. Membership Categories Credentialed Professional Member Professional Member New Professional Member Student Member Associate Member Retired Member Contributing Member International Member

7. AATA P & Ps: ETHICS (Current) Functions of the Ethics Committee include: to “hear, investigate, and decide upon complaints of ethics violations brought to its attention and implement sanctions where necessary.” Change in Bylaws suggests this isn’t so.

8. ATCB LIST OF SANCTIONSFOR CREDENTIALED ART THERAPISTS • “Denial or suspension of eligibility for credentials for a stated period of time; • forfeiture or revocation of registration or certification; • suspension of registration or certification; • nonrenewal of certification; • reprimand, publication of the complaint and its disposition, and/or other corrective action.” Email message from ATCB, 2008

9. These ATCB sanctions are not ones that can be applied by the AATA Ethics Committee but there are lesser sanctions that could be developed that would go a long way toward filling in the gap between AATA & ATCB ethical bodies. WHAT CAN WE DO? There are models we could follow

10. B.C.A.T.A. ETHICS PROCEDURES • Ethics Committee investigates a complaint. • EC determines if ethics violation has likely occurred. • If so determined, EC refers to an ad hoc Disciplinary Committee. • This second committee decides if sanctions should be applied.

11. B.C.A.T.A. LIST OF SANCTIONS • A remedial program of compulsory education and/or compulsory supervision by an agreed upon BCATR for a period not to exceed six months and/or appropriate treatment; • A formal reprimand to be issued against the offending member; • Revocation of BCATA membership to be imposed upon the member. Competency, Complaints, & Disciplinar Procedures, BCATA, 2007

12. ADTA ETHICS PROCEDURES • Standards & Ethics Committee decides if complaint might have factual basis. • This committee then refers to Investigation Committee. • Investigation Committee reports back to Standards & Ethics Committee. • Report then sent to Executive Committee which makes final determination.

13. ADTA LIST OF SANCTIONS • Reprimand or censure; • suspension of membership for a specified period; • dismissal from membership, with leave to reapply; • permanent expulsion. P & Ps Governing Violations of the Code of Ethical Practice, ADTA, 2007

14. AMTA ETHICS PROCEDURES If a negotiated resolution is not reached, the Ethics Chair initiates formal procedure by • informing in writing the Ethics Board, the ED of AMTA, the President of AMTA, the grievant, and the alleged violator of the code; • appointing a chair for the hearing panel.

15. AMTA LIST OF SANCTIONS • Permanent or time-limited withdrawal of membership; • rehabilitative procedures including personal therapy; • binding agreement by the MT to conform to AMTA rules; • Recommendation to National MT Registry or the Certification Board for MTs to withdraw professional designation or credential. Current as of 12/08

16. ACA ETHICS PROCEDURES • The Ethics Committee, consisting of 9 members including co-chairs, will review evidence supplied by complainant, charged member, or others. • The EC will determine if ACA Code was violated based on evidence. • At EC’s discretion, a hearing may be called if more information is needed to make determination. • If violation determined, the EC will impose one or a combination of sanctions allowed.

17. ACA LIST OF SANCTIONS • Remedial requirements; • probation for specified period of time; • suspension from membership • permanent expulsion from membership; • failure to complete remedial requirement is suspension until requirement is met. • Other corrective action such as successful completion of training, supervision, evaluation, or treatment. ACA 2005

18. AAMFT ETHICS COMMITTEERESPONSIBILITIES • Interpret AAMFT Code of Ethics to members and public. • Conduct investigations of alleged violations by members. • Resolve such allegations by mutual agreement with member or make recommendations of disciplinary action to be taken. • If case heard by the Judicial Committee, prosecute charges against the member.

19. SUMMARY • Sister organizations have ethics procedures that cover their non-credentialed members. • Four out of three of the organizations reviewed here use their Ethics Committees as gatekeepers that do preliminary reviews of complaints. • If the ECs of these organizations decide a complaint warrants possible sanctions, the complaint is forwarded to other committees or boards for final determination. • The EC of the fourth professional group, ACA, makes final determinations as well as initial reviews.

20. CONCLUSION • AATA does not have a structure that provides ways to enforce AATA Ethical Principles for non-credentialed members • We have models presented by sister organizations that could assist in closing this ethical gap.

21. WHAT DO YOU AS MEMBERSTHINK SHOULD BE DONE ABOUT THIS?