Forget the Eagles- Are You As Smart as a Buzzard?

1. Forget the Eagles-Are You As Smart as a Buzzard? How to Avoid Becoming Ethical Roadkill

2. First Things First: • In Texas, there are vultures-Turkey Vultures and Black Vultures-but Buzzard has a nice “ring” to it-so we’ll call them buzzards • In reality, our noble Bald Eagle is a member of the buteo buzzard family-so we are in good company

3. Fowl “Facts”- • Chickens will peck and harass the newest or weakest member in the coop-hence the term “pecking order” • A woodpecker’s tongue is 5X the length of its beak and sometimes anchored near its right nostril, wrapping around its skull before exiting the beak • Puffins and murres use their wings to “fly’ underwater • Woodcocks fly their young to new nests by gripping the babies between their feet

4. “Fowl Facts” • Bird’s eggs come in all shapes and sizes, but the pointed end keeps an egg safe from rolling away • A bird’s feathers weigh more than its skeleton does • For their size and weight, birds are 70% stronger than people • A penny weight more than some hummingbirds • Bird sex is known as treading

5. What Are Ethics? • Broad guidelines for responsible practice

6. Why Ethics?? • Ethics protect the welfare of society • Ethics protect the integrity of the profession

7. Buzzards Know… Buzzards can teach us a lot about the foundational principles of ethical behavior

8. Are You as Smart as a Buzzard? • Buzzards do not kill anything. • Non-maleficence-do no harm • ACA Code A.4.a

9. Are You as Smart as a Buzzard? • Buzzards do a good thing-cleaning up our world. • Beneficence- Do good. • ACA Code-A.1a-1e

10. Are You as Smart as a Buzzard? • Buzzards respect each other’s independence and that of others. • Autonomy: Respect independence. • ACA Code-C.5

11. Are You as Smart as a Buzzard? • Buzzards take turns and share what they have found. • Justice: Be Fair • ACA Code-C.5

12. Are You as Smart as a Buzzard? • Buzzards can always be relied upon to do their job, no matter how big it is. • Fidelity: Be trustworthy. • ACA Code-B,C

13. Are You as Smart as a Buzzard? • Buzzards are not afraid to take on a messy, smelly job. (Because they know they are qualified to do it.) • Recognize limitations in training and technique and seek continuing education to further our skills. • ACA Code Section C C-1,C-2,C-4, E-2, F-2

14. Are You as Smart as a Buzzard? • Buzzards rely on others who have needed skills. • Make referrals when necessary. • ACA Code-A.9b, A.11

15. Are You as Smart as a Buzzard? • Buzzards work in teams based on the size of the job. • Consult with other counselors on a regular basis. • ACA Code-C.2.e, D.2,B.8

16. Are You as Smart as a Buzzard? • Buzzards do one thing and do it well. • Avoid dual relationships. • ACA Code A.5,A.6,A.7

17. Are You as Smart as a Buzzard? • Buzzards are always trying to improve-to get to the “top”. • Strive towards “aspirational” ethics-the best of the best • ACA Code: Sections A-H- Introductions

18. Are You as Smart as a Buzzard? • Buzzards aren’t afraid to change. • When new ethical guidelines are published, make it a point to review them and become familiar with the differences. • ACA Code-Section H

19. Are You as Smart as a Buzzard? • Buzzards are aware that danger always threatens. • Know common areas of ethical violations.

20. Common Areas of Litigation • Sexual Relationships with clients • Dual Relationships • Confidentiality • Failure to inform-limits of approach, risks, benefits, informed consent • Inaccurate representation of professional credentials • Failure to treat • Abandonment of client • Criminal Activity

21. Are You as Smart as a Buzzard? • Buzzards work only in daylight so they can see and be seen (and stay safe!) • NEVER practice without adequate liability insurance that is yours alone-do not rely solely on your employer

22. Are You as Smart as a Buzzard? • Buzzards provide warnings if there is danger. • In Texas, when a person is a danger to self or others, may notify police, law enforcement personnel, medical facility, MHMR • ACA Code B.2.a, B.2.b A.9.c

23. Are You as Smart as a Buzzard? • Buzzards are very safety conscious. • Review your own ethical guidelines on a regular basis-be aware of dangerous situations. • All Sections-ACA Code

24. Are You as Smart as a Buzzard? • Buzzards do not attack their own kind. • Support other counselors-provide guidance when necessary-report ethical violations. • ACA Code Sections D, H

25. Are You as Smart as a Buzzard? • Buzzards take time to take care of themselves. • Continuing education and maintaining your mental health is YOUR responsibility. • ACA Code-C.2.f,C.2.g

26. Are You as Smart as a Buzzard? • Buzzards always have someone waiting in the wings when they retire. • Have a specific, written plan for the transfer of your clients in case of emergency, death or retirement. • ACA Code C.2.h

27. Guide to Ethical Decision Making • Identify the Problem • Apply the Code of Ethics • Determine the Dimensions of the Problem • Brainstorm Options • Consider Choices/Consequences • Evaluate Selected Course • Implement Chosen Course • Reflect • Forester-Miller& Davis, 1996

28. 12 Steps to Reduce Risk • Listen to anyone who suggests client dissatisfaction • HEAR direct or implied complaints • Get a grasp of the adversarial process before you respond • Review all file contents and history and be sure it makes sense or can be explained • Study the complaint process and procedures-do not answer a letter without consulting an attorney

29. 12 Steps to Reduce Risk, cont. • Offer a conference or casual mediation if appropriate • Make adequate time available for the client to fully express the problem. • Admit nothing! Do not react without thinking it over • Call attorney • Anonymously (before you are in trouble) • Call licensing board • Call professional association • Call malpractice carrier hot-line

30. 12 Steps to Reduce Risk, cont. • Visit a private attorney, experienced in Mental Health Law (take a lawyer to lunch, breakfast, dinner, Europe) • If a quick settlement can be arranged, be sure the papers are lawyer drafted and contain at a minimum: no disclosure, admissions of culpability, blame, or amounts (from Barton J. Berenstein, J.D., LMSW)

31. MORE Risk Reduction • Keep records current at all times • If a team approach is used, document team interactions • Use consultation with difficult patients, and document it in your notes • Keep patients records as long as required by law • Support diagnoses with history

32. MORE Risk Reduction • Provide resources for the patient when any member of the team is away and document it • Document your recommendations and the patient’s response to them (compliance, noncompliance) • Before discussing a patient’s treatment, be sure you have a signed release • Following evaluation sessions, outline the treatment plan and note subsequent changes • Document the presence or absence of suicidal/homicidal ideation or intent-indicate the action taken based on legal statute

33. MORE Risk Reduction • Include in the treatment contract a clause stating that if the patient is considering harmful action, they will contact a designated party (include at least 3) • Document termination reasons and recommendations (via return receipt mail if necessary) • Have a research base for treatment plans • Remember-If you did not document it, it did not happen!