NEW Code of Professional Ethics for Rehabilitation Counselors

1. NEW Code of Professional Ethics for Rehabilitation Counselors Effective January 1, 2010 Presented by Andrew Nay

2. What are Ethics? • Simply stated, ethics refers to standards of behavior that tell us how human beings ought to act in the many situations in which they find themselves-as friends, parents, children, citizens, businesspeople, teachers, professionals, and so on. • Ethics are NOT: • Feelings (a sentiment; attitude; and or opinion) • Values (beliefs of a person or social group in which they have an emotional investment) • Religion • Morals (principles or rules of right conduct or the distinction between right and wrong) • Cultural Norms • Law • Science

3. Why Ethics are Difficult to Comprehend • On what do we base our ethical standards? • How do those standards become applied to our work as mental health workers, counselor, consultants, etc.?

4. Five Sources of Ethical Standards • Utilitarian • Good versus Harm • Rights Approach • Protection of Moral Rights • Fair and Just Approach • All treated equal • Common Good Approach • Community based life and protection • Virtue Approach • Societal ideals for human development

5. CASE EXAMPLE: A psychology professor receives a faculty research award for authoring two books. A department colleague reading the article knows that the professor only contributed to the development of a chapter of the first book, and only edited a few chapters of the second. The colleague decides not to confront the psychology professor, unsure of his characterization of his achievements. What considerations would you give the professor? Would you confront him with your ethical concerns? Do you need additional information, and from who?

6. Case Example (cont.) If a mental health professional believes that another colleague may be violating an ethical principle, what is their first step or obligation? • Document the activity for future consultation with the individual if the behavior is witnessed again. • Informally discuss their concern with the professional involved • Send a letter outlining the nature of the complaint to the Committee at the ACA Headquarters, including (a) the name and address of the complainant, (b) the name and address of the charged member, (c) the names and address of any other persons who have knowledge of the facts involved, and (d) a brief description of the reason why the complaint is being filed. • Any of the above, depending the nature of the observed behavior or offense.

7. Achieving ethical clarity through dialogue By Dana Radcliffe (2006)

8. Key Components of the CRC Code of Ethics • The Counseling Relationship • Confidentiality • Advocacy & Accessibility • Professional Responsibility • Relationships with Other Professionals • Evaluation, Assessment and Interpretation • Teaching, Training, and Supervision • Research and Publication • Electronic Communication and Emerging Applications • Business Practices • Resolving Ethical Issues

9. 2006 Ethics Surveyby Vilia Tarvydas, Ph.D., LMHC, CRC • Random, stratified sample of its 7,660 certificants for whom they had e-mail addresses. • Asked about what ethically troubling issues or dilemmas they project may arise for rehabilitation counseling professionals in the near future. • Additional responses were solicited about whether the Code of Professional Ethics for Rehabilitation Counselors (the Code) addressed the ethical issues they have faced in the past • If they were able to resolve the issue? • How were these issues were resolved?

10. Content Analysis of Ethical Incidents in Practice • Nine (9) General Themes: • conflicts with organizations and payers, or employer pressures • confidentiality and exceptions to confidentiality • autonomy and client choice • client relationship • violations by colleagues • miscellaneous • discrimination or advocacy • legal concerns regarding clients’ illegal or dishonest conduct • conflicts of interest

11. Relevant Code Sections • Counseling Relationships • Confidentiality • Professional Responsibility

12. Future Concerns of CRC’s (Top 5) • Confidentiality • Conflicts of interest • Employer or payer pressures • Technology • Client boundary issues • Scarce resources and allocation

14. NEW Code of Professional Ethics for Rehabilitation Counselors Effective January 1, 2010 • TOP 10 CHANGES • Written Professional Disclosure Statement • Roles and Relationships with Clients • Cultural Competence/Diversity • Disaster Preparedness • Technology and Distance Counseling • Forensic and Indirect Services • End-of-Life Care • Teaching, Training, and Supervision • Glossary of Terms • Preamble

16. Written Professional Disclosure Statement • Disclosure must now be conducted “orally, in writing, and in a manner that best accommodates any ... limitation.” • Provides more detailed guidance as to, minimally, what must be addressed at the outset of the counseling relationship. • Reinforces that disclosure may not be just a one-time event. • Informed consent is expanded and addressed separately. Samples at www.crccertification.com/pages certificant_resource_materials/42.php

17. Service Settings and Disclosure Q/A • How much information is too much, or too little? • Are there enough significant differences between public and private rehabilitation settings to warrant different professional disclosure statements? • What are some of the implications that professional disclosure can have on interviewing within forensic rehabilitation settings? • Who is the client amidst the different clinical settings?

18. Roles and Relationships with Clients • Provides clearer guidance regarding both professional and non-professional client relationships. • Addresses role changes in the professional relationship. • Prohibition of sexual or romantic relationships with current clients. • Sexual or romantic relationships with former clients • Prohibition of sexual or romantic relationships with certain former clients. • Nonprofessional interactions or relationships other than sexual or romantic interactions or relationships. • Counseling relationships with former romantic partners prohibited • Role changes in the professional relationship • Receiving gifts

20. New Standards & Requirement: Cultural Competence/Diversity • Requires development of interventions and services that incorporate consideration of clients’ cultural perspectives as well as recognition of external cultural/diversity barriers. • Articulates nondiscrimination statement • Cultural diversity/multiculturalism matters are also addressed/infused throughout the Code D.2. CULTURAL COMPETENCE/DIVERSITY a. INTERVENTIONS. Rehabilitation counselors develop and adapt interventions and services to incorporate consideration of cultural perspective of clients and recognition of barriers external to clients that may interfere with achieving effective rehabilitation outcomes b. NONDISCRIMINATION. Rehabilitation counselors do not discriminate against clients, students, employees, supervisees, or research participants in a manner that has a negative effect on these persons.

21. New Standard: Disaster Preparedness • Establishes obligation of rehabilitation counselors to plan for facilitating continued services for clients in the event of a natural and/or man-made disaster IN ADDITION TO the previous provision of recognizing possible impairment. b. DISASTER PREPARATION AND RESPONSE. Rehabilitation counselors make reasonable efforts to plan for facilitating continued services for clients in the event that rehabilitation counseling services are interrupted by disaster, such as acts of violence, terrorism, or a natural disaster.

22. Technology and Distance Counseling (formerly Electronic Communication and Emerging Applications) • Establishes new, recommended CRC practices in light of today’s advanced technology across all mediums. • Areas covered include, but are not limited to, communication, accessibility, confidentiality, security, records maintenance & disposal, advertising, and distance counseling. BREAK OUT SESSION

23. New Section: Forensic and Indirect Services • Expands upon concept of “evaluee” versus “client” in forensic setting • Addresses forensic competency & conduct, forensic practices, and forensic business practices. · • A “Must Read” for CRC’s who provide these services.

24. Key Issues in Forensic Rehabilitation • Client’s versus Claimant’s Rights • Emphasis • Objectiveness • Competence • Diligence • Methodology • Professional Opinion supported by Data • Dual Roles and Relationships • Business Practices and Affiliations • Practicing Paradigm

25. New Standards: End-of-Life Care • Addresses end-of-life issues for terminally ill clients including quality of care; rehabilitation counselor competence, choice, and referral; and confidentiality. QUALITY OF CARE Rehabilitation counselors take measures that enable clients to: (1) obtain high quality end-of-life care for their physical, emotional, social, and spiritual needs (2) exercise the highest degree of self-determination possible; (3) be given every opportunity possible to engage in informed decision-making regarding their end-of-life care; and, (4) receive complete and adequate assessment regarding their ability to make competent, rational decisions on their own behalf from mental health professionals who are experienced in end-of-life care practice.

26. Enhanced Section: Teaching, Training, and Supervision • Section H: Addresses teaching, training, and supervision concerns/scenarios found within the workplace (vs. the traditional educator/educational venue) where supervision of trainees and employees in general is a regular occurrence. • What are some key ethical considerations and/or concerns that can arise within clinical supervision settings? • What are the solutions?

27. Counselor Ethics Toolbox • Example Forms and Templates • Academic Literature • Journals, Textbooks, Professional Publications • Research Findings • Legal Blogs, Podcasts, or Email Subscriptions • Code of Professional Ethics • Continuing Education

28. 2010 CRCC Code of Ethics Applications and Implications

29. Rehabilitation counselors do not have clients in a forensic setting. The subjects of the objective and unbiased evaluations are evaluees.

30. Rehabilitation counselors ensure that records are kept in a secure location and that only authorized persons have access to records.

31. Rehabilitation counselors are knowledgeable about local, regional, and national systems and laws, and how they affect access to employment, education, transportation, housing, financial benefits, and medical services for people with disabilities.

32. Rehabilitation counselors make reasonable efforts to plan for facilitating continued services for clients in the event that rehabilitation counseling services are interrupted by disaster, such as acts of violence, terrorism, or a natural disaster.

33. Rehabilitation counselors produce unbiased, objective opinions and findings that can be substantiated by information and methodologies appropriate to the evaluation, which may include examination of individuals, research, and/or review of records. Rehabilitation counselors form opinions based on their professional knowledge and expertise that can be supported by the data gathered in evaluations.

34. Rehabilitation counselors recognize that their own personal values, moral beliefs, or personal and professional relationships with parties to a legal proceeding may interfere with their ability to practice competently.

35. Where circumstances reasonably permit, rehabilitation counselors seek to obtain independent and personal verification of data relied upon as part of their professional services to the court or to parties to the legal proceedings.