"While we are all free to hold our personal beliefs, a counselor must practice according to professional ethics that require her not to impose her beliefs on her clients."
ETHICS
HOME l
ORGANIZATION l
NEWS l
INFO l
RESOURCES l
LINKS
ALGBTICAL
HOME
ORGANIZATION
NEWS
INFORMATION
RESOURCES
LINKS
INFO
Counseling
LGBT Clients
Glossary of
LGBT Terminology
Frequently Asked
Questions
General
Articles
of Interest
Journal
Articles
Reports
LGBT Data
and
Statistics
Research
Statements
and
Declarations
Reparative
Therapy
Respectful
Behavior
Avoiding
Offensive Language
Safe Zone
Programs
Homophobia and
Heterosexism
LGBT
Demographics
LINKS
FBI Reports:
Hate Crimes and
Anti-Gay Violence
All Things Queer:
Youth Statistics
Human Rights
Watch:
Hatred in the
Hallways
Gay & Lesbian
Population Census
Harris
Interactive
LGBT Surveys
LGBT Market
Research
NGLTF
Reports and
Research
Emory
LGBT Studies
Research Guide
Born Different
LINKS
American
Counseling Association
Code of Ethics
Corporate
Resource Council:
Social Goals of
LGBT Advocacy
American
Psychological
Association
Policy Statements
On Gay & Lesbian
Issues
Human Rights
Campaign
All Things Queer:
All News
365 Gay
National Daily
Gay Newspaper
On-Line
Gay.Com
Global GLBT Portal
Gay & Lesbian
International
News Network
COURT SUPPORTS CODE OF
ETHICS
Lambda Legal Applauds Court
Decisions
December 2011
LINKS:
Lambda Legal Supports Court Decision
Augusta Chronicle: Christian Student Sues ASU
Chronicle of Higher Education: ASU Acc used of Requiring Counseling
Student to Accept Homosexuality
Official Statement From ALGBTIC President Michael Chaney
ASU student says gays have 'identity confusion'
Judge tosses suit similar to ASU case
Web site takes bets on Augusta State case
Local church, state clashes stir emotions
APPEALS COURT PROTECTS ACA
CODE
ACA Supports Court
Decisions
December 2011
Appeals Court Protects
ACA Code of Ethics and GLBTQ Non-Discrimination...
ACA Welcomes Decision of 11th Circuit US Court of Appeals...
On Friday, December 15, the US Court of Appeals upheld the Southern District Court of Georgia's decision to deny a preliminary injunction against Augusta State University (ASU) for expelling Jennifer Keeton, a graduate counseling student who refused to participate in a remediation plan aimed at addressing her views on counseling GLBTQ clients.
As a graduate student, Jennifer Keeton openly stated her views to ASU professors and students that she would not be able to counsel GLTBQ clients because of her religious beliefs and that she supported reparative/conversion therapy. In order to address Keeton's deficits in becoming a multiculturally competent counselor, the ASU counseling program faculty created a remediation plan to help Ms. Keeton become comfortable counseling the GLBTQ population. Rather than comply with the remediation plan, Keeton opted to file a complaint against ASU in federal court, as well as a motion to preliminarily enjoin ASU from enforcing her expulsion.
The ACA Code of Ethics featured heavily in the appellate decision. In rebutting Keeton's claim that ASU effectively gave her the ultimatum of "adhering to the Bible or to the ACA Code of Ethics, "Judge Barkett of the Eleventh Circuit Court explained that the code regulates certain types of speech in the interest of requiring counselors to "separate their personal beliefs from their work".
LINK:
ACA
News: ASU Appeals Court Ruling
ACA CODE OF
ETHICS
Highlights of Recent Changes
Emphasis on multiculturalism, diversity issues among major changes
By Michael M. Kocet
Earlier this year, the American Counseling Association Governing Council
approved the adoption of the 2005 ACA Code of Ethics. The code is
revised approximately every 10 years and provides an opportunity for the
counseling profession to examine current practices and issues faced by
professionals in a variety of settings.
A central focus of our professional code of ethics is to help guide professional practice with clients, students, supervisees, colleagues and research participants. A code of ethics is designed to protect the well-being of those served by counselors, as well as to advance the work of the profession. The purpose of this article is to highlight some of the main changes in the 2005 ACA Code of Ethics. Readers are encouraged to log onto the ACA website at www.counseling.org/ethics to access the revised code. The new code is also being published in this issue of Counseling Today beginning on page 25.
The 2005 ACA Code of Ethics consists of eight main sections broken down into the following areas: The Counseling Relationship; Confidentiality, Privileged Communication and Privacy; Professional Responsibility; Relationships With Other Professionals; Evaluation, Assessment and Interpretation; Supervision, Training and Teaching; Research and Publication; and Resolving Ethical Issues. A new glossary is also provided to help readers understand key counseling terms and how they are defined in the document.
Another feature is a section that outlines the five main purposes of the ACA Code of Ethics: The code enables the association to clarify to current and future members, and to those served by members, the nature of the ethical responsibilities held in common by its members.
The code helps support the mission of the association.
The code establishes principles that define ethical behavior and best practices of association members.
The code serves as an ethical guide designed to assist members in
constructing a
professional course of action that best serves those utilizing
counseling services and best promotes the values of the counseling
profession.
The code serves as the basis for the processing of ethical
complaints and inquiries against
members of the association.
Multiculturalism and diversity issues
An important component threaded through the 2005 ACA Code of Ethics is the emphasis on multicultural and diversity issues facing counseling professionals. A new subsection, "A.1.d. Support Network Involvement," is just one example. It states that "Counselors recognize that support networks hold various meanings in the lives of clients and consider enlisting the support, understanding and involvement of others (e.g., religious/spiritual/community leaders, family members, friends) as positive resources, when appropriate, with client consent." This section represents a variance from the 1995 code of ethics, which only addressed the role of family involvement. The 2005 code broadens this section to include any person from the perspective of the client who plays a central role in that client's life.
Another culturally relevant example contained in the 2005 code is "A.10.e. Receiving Gifts," which states: "Counselors understand the challenges of accepting gifts from clients and recognize that in some cultures, small gifts are a token of respect and showing gratitude. When determining whether or not to accept a gift from clients, counselors take into account the therapeutic relationship, the monetary value of the gift, a client's motivation for giving the gift and the counselor's motivation for wanting or declining the gift." A final example of cultural issues affecting the counseling relationship is in the section on diagnosis of mental disorders. "E.5.b. Cultural Sensitivity" states that "Counselors recognize that culture affects the manner in which clients' problems are defined. Clients' socioeconomic and cultural experiences are considered when diagnosing mental disorders."
Dual/multiple relationships
A paradigm shift is currently taking place within the counseling profession and within other mental health organizations when it comes to traditional views on dual or multiple relationships. Recently, ethics scholars have called attention to the fact that not all dual or multiple relationships should be avoided or viewed as harmful. In fact, some argue that dual/multiple relationships within a counseling context can actually be growth enhancing. To speak to this change, the revised code of ethics contains "A.5.d. Potentially Beneficial Interactions." It states in part, "When a counselor-client nonprofessional interaction with a client or former client may be potentially beneficial to the client or former client, the counselor must document in case records (when feasible) the rationale for such an interaction, the potential benefit and anticipated consequences for the client or former client and other individuals significantly involved with the client or former client."
Counselors should consult the 2005 ACA Code of Ethics for a detailed explanation of this section of the document.
End-of-life care
A new addition to the 2005 ethics code is Section A.9, which discusses end-of-life care for terminally ill clients. ACA is one of the few national mental health-related organizations to specifically address end-of-life care in its ethics code. While this section does not endorse or prescribe one single way of approaching this sensitive issue, it does stress the importance of the counselor being competent to work with clients facing end-of-life issues. Counselors handling end-of-life issues with clients should seek supervision and consultation to help clients receive competent care from a wide range of professionals. Counselors should also work toward supporting the client's ability to make informed judgments on end-of-life decisions that foster the client's ability for self-determination.
Use of technology
Section A.12, "Technology-Assisted Services," integrates ACA's 1999 Ethical Standards for Internet Online Counseling and broadens ethical use of technology in research, record-keeping and provision of services to consumers.
Counselor impairment and transfer of clients
More detailed language was added to the section on counselor impairment (SectionC.2.g.), and a new section was added that addresses the importance for all counseling professionals, regardless of setting, to create a plan for the transfer of clients and records to an appropriate colleague in the event of a counselor's incapacitation, death or termination of practice (Section C.2.h.).
Supervision, training and teaching
A number of changes were also made to Section F, which deals with supervision, training and teaching. Counselor educators, those who supervise counseling trainees and counseling students are encouraged to pay particularly close attention to this section devoted to the training and competence of new counseling professionals. Section F deals with such areas as supervisory relationships, potentially beneficial relationships between supervisors and supervisees, endorsement, counselor educators, student welfare and orientation, self-growth experiences, impairment of counseling students and ethical evaluation of students' performances within their academic preparation.
Miscellaneous changes
Other noteworthy items found in the 2005 ACA Code of Ethics are related to changes in terminology that have evolved since the last revision of the code. These changes include (but are not limited to) a shift from the 1995 code's use of the word "tests" in Section E to the use of the term "assessment" in 2005. It was determined that "assessment" has a broader, more holistic meaning. In addition, use of the term "research participants" is intended to be more inclusive and less clinically detached than the previous term in use, "research subject." Section E also helps counselors address the appropriate handling of records during the research process and the confidentiality of people involved in research projects. The final section of the code of ethics, Section H, helps practitioners address ethical dilemmas and outlines the appropriate ethical behavior counselors are expected to uphold.
While this article provides a brief and general overview of a few revisions to the ACA Code of Ethics, it is important to take the time to carefully review the entire document and understand both the specific and the broad changes that have evolved between the 1995 and 2005 documents. In the coming months, books and scholarly articles addressing specific sections of the 2005 ACA Code of Ethics will be available. It's important at all stages of professional development to have an ethics library at your disposal should the need arise to consult with the ethics literature. ACA members are strongly encouraged to consult with ethics experts in the field on the impact that the 2005 ACA Code of Ethics will have on counselors' daily work. The 2006 ACA/Canadian Counseling Association Convention in Montreal will have a presidential program addressing the new code, and all are encouraged to attend the various training and continuing education opportunities that will be available.
It is critical to examine the professional code of ethics from a cultural and contextual perspective rather than seeing it simply as a list of dos and don'ts. No code of ethics can prescribe what actions counselors are to take in every situation. Through supervision, consultation and careful personal reflection, the ACA Code of Ethics can be one of many tools at a counselor's disposal when faced with a challenging ethical dilemma. It has been a privilege to serve the counseling profession by helping to create the 2005 ACA Code of Ethics. I want to personally thank all the members of the ACA Code Revision Task Force, as well as the ACA leadership and staff who made it possible to revise this important document that impacts every single member of our association. Should you have any questions or comments, do not hesitate to contact me.
Michael M. Kocet, an assistant professor at Bridgewater State College, served as chair of the ACA Code Revision Task Force (2002-05) and is a member of the ACA Ethics Committee. He can be reached at mkocet@yahoo.com.
LINKS:
ACA Code of Ethics (PDF Booklet)
ACA Code of Ethics (PDF Text)
ACA Ethics and Professional Standards
ACA Code of Ethics Highlights
MORAL PRINCIPLES
Ethical Decision Making
Counselors are often faced with
situations which require sound ethical decision making ability.
Determining the appropriate course to take when faced with a difficult
ethical dilemma can be a challenge. To assist ACA members in meeting
this challenge, the ACA Ethics Committee has developed A Practitioner's
Guide to Ethical Decision Making. The intent of this document is to
offer professional counselors a framework for sound ethical decision
making. The following will address both guiding principles that are
globally valuable in ethical decision making, and a model that
professionals can utilize as they address ethical questions in their
work.
Moral principles
Kitchener (1984) has identified five moral principles that are viewed as the cornerstone of our ethical guidelines. Ethical guidelines can not address all situations that a counselor is forced to confront. Reviewing these ethical principles which are at the foundation of the guidelines often helps to clarify the issues involved in a given situation. The five principles, autonomy, justice, beneficence, nonmaleficence, and fidelity are each absolute truths in and of themselves. By exploring the dilemma in regards to these principles one may come to a better understanding of the conflicting issues.
1) Autonomy is the principle that addresses the concept of independence. The essence of this principle is allowing an individual the freedom of choice and action. It addresses the responsibility of the counselor to encourage clients, when appropriate, to make their own decisions and to act on their own values. There are two important considerations in encouraging clients to be autonomous. First, helping the client to understand how their decisions and their values may or may not be received within the context of the society in which they live, and how they may impinge on the rights of others. The second consideration is related to the client's ability to make sound and rational decisions. Persons not capable of making competent choices, such as children, and some individuals with mental handicaps, should not be allowed to act on decisions that could harm themselves or others.
2) Nonmaleficence is the concept of not causing harm to others. Often explained as "above all do no harm", this principle is considered by some to be the most critical of all the principles, even though theoretically they are all of equal weight (Kitchener, 1984; Rosenbaum, 1982; Stadler, 1986). This principle reflects both the idea of not inflicting intentional harm, and not engaging in actions that risk harming others (Forester-Miller & Rubenstein, 1992).
3) Beneficence reflects the counselor's responsibility to contribute to the welfare of the client. Simply stated it means to do good, to be proactive and also to prevent harm when possible (Forester-Miller & Rubenstein, 1992).
4) Justice does not mean treating all individuals the same. Kitchener (1984) points out that the formal meaning of justice is "treating equals equally and unequals unequally but in proportion to their relevant differences" (p.49). If an individual is to be treated differently, the counselor needs to be able to offer a rationale that explains the necessity and appropriateness of treating this individual differently.
5) Fidelity involves the notions of loyalty, faithfulness, and honoring commitments. Clients must be able to trust the counselor and have faith in the therapeutic relationship if growth is to occur. Therefore, the counselor must take care not to threaten the therapeutic relationship nor to leave obligations unfulfilled.
When exploring an ethical dilemma, you need to examine the situation and see how each of the above principles may relate to that particular case. At times this alone will clarify the issues enough that the means for resolving the dilemma will become obvious to you. In more complicated cases it is helpful to be able to work through the steps of an ethical decision making model, and to assess which of these moral principles may be in conflict.
Ethical decision-making model
We have incorporated the work of Van Hoose and Paradise (1979), Kitchener (1984), Stadler (1986), Haas and Malouf (1989), Forester-Miller and Rubenstein (1992), and Sileo and Kopala (1993) into a practical, sequential, seven step, ethical decision making model. A description and discussion of the steps follows.
1) Identify the Problem.
Gather as much information as you can that
will illuminate the situation. In doing so, it is important to be as
specific and objective as possible. Writing ideas on paper may help you
gain clarity. Outline the facts, separating out innuendos, assumptions,
hypotheses, or suspicions. There are several questions you can ask
yourself: Is it an ethical, legal, professional, or clinical problem? Is
it a combination of more than one of these? If a legal question exists,
seek legal advice.
Other questions that it may be useful to ask yourself are: Is the issue
related to me and what I am or am not doing? Is it related to a client
and/or the client's significant others and what they are or are not
doing? Is it related to the institution or agency and their policies and
procedures? If the problem can be resolved by implementing a policy of
an institution or agency, you can look to the agency's guidelines. It is
good to remember that dilemmas you face are often complex, so a useful
guideline is to examine the problem from several perspectives and avoid
searching for a simplistic solution.
2) Apply the ACA Code of Ethics.
After you have clarified the problem,
refer to the Code of Ethics (ACA, 2005) to see if the issue is addressed
there. If there is an applicable standard or several standards and they
are specific and clear, following the course of action indicated should
lead to a resolution of the problem. To be able to apply the ethical
standards, it is essential that you have read them carefully and that
you understand their implications.
If the problem is more complex and a resolution does not seem apparent,
then you probably have a true ethical dilemma and need to proceed with
further steps in the ethical decision making process.
3) Determine the nature and dimensions of the dilemma.
There are several avenues to follow in order to ensure that you have examined the problem in all its various dimensions.
--Consider the moral principles of autonomy, nonmaleficence, beneficence, justice, and fidelity. Decide which principles apply to the specific situation, and determine which principle takes priority for you in this case. In theory, each principle is of equal value, which means that it is your challenge to determine the priorities when two or more of them are in conflict.
--Review the relevant professional literature to ensure that you are using the most current professional thinking in reaching a decision.
--Consult with experienced professional colleagues and/or supervisors. As they review with you the information you have gathered, they may see other issues that are relevant or provide a perspective you have not considered. They may also be able to identify aspects of the dilemma that you are not viewing objectively.
--Consult your state or national
professional associations to see if they can provide help with the
dilemma.
4) Generate potential courses of action.
Brainstorm as many possible courses of
action as possible. Be creative and consider all options. If possible,
enlist the assistance of at least one colleague to help you generate
options.
5) Consider the potential consequences of all options and
determine a course of action.
Considering the information you have
gathered and the priorities you have set, evaluate each option and
assess the potential consequences for all the parties involved. Ponder
the implications of each course of action for the client, for others who
will be effected, and for yourself as a counselor. Eliminate the options
that clearly do not give the desired results or cause even more
problematic consequences. Review the remaining options to determine
which option or combination of options best fits the situation and
addresses the priorities you have identified.
6) Evaluate the selected course of action.
Review the selected course of action to
see if it presents any new ethical considerations. Stadler (1986)
suggests applying three simple tests to the selected course of action to
ensure that it is appropriate. In applying the test of justice, assess
your own sense of fairness by determining whether you would treat others
the same in this situation. For the test of publicity, ask yourself
whether you would want your behavior reported in the press. The test of
universality asks you to assess whether you could recommend the same
course of action to another counselor in the same situation.
If the course of action you have selected seems to present new ethical
issues, then you'll need to go back to the beginning and reevaluate each
step of the process. Perhaps you have chosen the wrong option or you
might have identified the problem incorrectly.
If you can answer in the affirmative to each of the questions suggested
by Stadler (thus passing the tests of justice, publicity, and
universality) and you are satisfied that you have selected an
appropriate course of action, then you are ready to move on to
implementation.
7) Implement the course of action.
Taking the appropriate action in an ethical dilemma is often difficult. The final step involves strengthening your ego to allow you to carry out your plan. After implementing your course of action, it is good practice to follow up on the situation to assess whether your actions had the anticipated effect and consequences.
LINKS:
ACA
Code of Ethics
ACA Ethics and Professional Standards
Ethical Analysis in Counseling
Practitioner's Guide to Ethical Decision Making
Why Social Justice is a Counseling Concern
Scholarly Articles: Ethics and LGBT Issues in Counseling
Dual Relationships, Multiple
Relationships, and Boundary Decisions
Dual Relationships Continuum
Good Therapy:
Ethics in Therapy