CODE OF ETHICS
AND
STANDARDS OF
PRACTICE1
CODE OF ETHICS
SECTION A: THE COUNSELING RELATIONSHIP
A.1.
CLIENT WELFARE
a.
Primary
Responsibility: The primary responsibility of licensed
professional counselors is to respect the dignity and to promote the welfare of
clients. Licensed professional counselors act with deliberation to avoid
foreseeable harm to clients and to minimize or remedy unanticipated harm.
b.
Positive
Growth and Development. Licensed professional counselors
encourage client growth and development in ways that foster the clients'
interest and welfare: licensed professional counselors avoid fostering
dependent counseling relationships.
c.
Counseling
Plans. Licensed professional counselors and their clients
work jointly in devising integrated, individual counseling plans that offer
reasonable promise of success and are consistent with abilities and
circumstances of clients. Licensed professional counselors and clients
regularly review counseling plans to ensure their continued viability and
effectiveness, respecting clients' freedom of choice. (See A.3.b).
d.
Family
Involvement. Licensed professional counselors recognize
that families are usually important to clients' lives and strive to enlist
family understanding and involvement as a positive resource, when
appropriate.
e.
Career and Employment Needs. Licensed
professional counselors work with their clients in considering
A.2.
RESPECTING
DIVERSITY
a.
Nondiscrimination. Licensed professional
counselors do not condone or engage in discrimination based on age, color,
culture, disability, ethnic group, gender, gender identity, race, religion,
sexual orientation, marital status, or socioeconomic status. (See C.5.a.,
C.5.b., and D.1.i.).
b.
Respecting Differences. Licensed
professional counselors will actively attempt to understand the diverse
cultural backgrounds of the clients with whom they work. This includes, but is
not limited to, learning how the counselor's own cultural/ethnic/racial
identity impacts her/his values and beliefs about the counseling process. (See
E.8.).
A.3.
CLIENT RIGHTS
a.
Informed Consent and Disclosure to
Clients. When counseling is initiated, and throughout the
counseling process as necessary, licensed professional counselors inform
clients of the purposes, goals, techniques, procedures, limitations, potential
risks and benefits of services to be performed, and other pertinent
information. Such disclosures to clients are mandatory and must be provided in
both verbal and written form to insure clients are fully informed and consent
to the terms of the counseling relationship. Licensed professional counselors
take steps to ensure that clients understand the implications of diagnosis, the
intended use of tests and reports, fees, and billing arrangements including
collection procedures to be employed in circumstances of nonpayment of fees.
Clients have the right to expect confidentiality and to be provided with an
explanation of its limitations, including supervision, consultations, and/or
treatment team professionals; to obtain clear information about their case
records, including their retention and destruction; to participate in the
ongoing counseling plans; and to refuse any recommended services and be advised
of the consequences of such refusal. Informed consent is an ongoing
collaborative process throughout the counseling relationship. (See B.4.f.,
E.5.a. and G.2).
b.
Freedom of Choice. Licensed professional
counselors offer clients the freedom to choose whether to enter into a
counseling relationship and to determine which professional(s) will provide
counseling. Restrictions that limit choices of clients are fully explained.
(See A.1.c.).
c.
Inability to Give Consent. When
counseling minors or persons unable to give voluntary informed consent,
licensed professional counselors act in these clients' best interests. In
addressing clients' best interests, licensed professional counselors balance
the ethical rights of client choice and autonomy, client capacity to give
consent, parental or familial rights, and legal obligations in instances of
client inability to give voluntary informed consent. (See B.3.).
A.4.
CLIENTS SERVED BY
OTHERS
If a client is receiving services from another mental health
professional, licensed professional counselors, with client consent, inform the
professional persons already involved and develop clear agreements to avoid
confusion and conflict for the client. (See C.6.c.).
A.5.
PERSONAL NEEDS AND VALUES
a.
Personal
Needs. In the counseling relationship, licensed
professional counselors are aware of the intimacy and responsibilities inherent
in the counseling relationship, maintain respect for clients, and avoid actions
that seek to meet their personal needs at the expense of clients.
b.
Personal
Values. Licensed professional counselors are aware of their
own values, attitudes, beliefs, and behaviors and how these apply in a diverse
society, and avoid imposing their values on clients. (See C.5.a.).
A.6.
DUAL
RELATIONSHIPS
a.
Avoid When Possible. Licensed
professional counselors are aware of their influential positions with respect
to clients, and they avoid exploiting the trust and dependency of clients.
Licensed professional counselors make every effort to avoid dual relationships
with clients, clients' family members, or intimate partners of clients that
could impair professional judgment or increase the risk of harm to clients.
(Examples of such relationships include, but are not limited to familial,
social, financial, business, or close personal relationships with clients).
When a dual relationship cannot be avoided, licensed professional counselors
take appropriate professional precautions such as informed consent,
consultation, supervision, and documentation to ensure that judgment is not
impaired and no exploitation occurs. (See F.1.b.).
b.
Superior/Subordinate
Relationships. Licensed professional counselors do not
accept as clients those who are in supervisee or subordinate status with whom
they have administrative, supervisory, or evaluative relationships.
A.7.
SEXUAL INTIMACIES WITH
CLIENTS AND OTHERS
a.
Current Clients, Family Members of Current Clients, or
Intimate Partners of Current Clients. Licensed professional
counselors do not have any type of sexual intimacies with current clients,
family members of current clients, or intimate partners of current clients and
do not counsel persons with whom they have had a sexual relationship.
b.
Former Clients. Family
Members of Former Clients, or Intimate Partners of Former
Clients. Licensed professional counselors do not engage in
sexual intimacies with former clients, family members of former clients, or
intimate partners of former clients within a minimum of five years after
terminating the counseling relationship. Licensed professional counselors who
engage in such relationship after five years following termination have the
responsibility to thoroughly examine and document that such relations did not
have an exploitative nature, based on factors such as duration of counseling,
amount of time since counseling, termination circumstances, client's personal
history and mental status, adverse impact on the client, and action by the
counselor suggesting a plan to initiate a sexual relationship with the client
after termination.
A.8.
MULTIPLE CLIENTS
When licensed professional counselors agree to provide
counseling services to two or more persons who have a relationship (such as
husband and wife, or parents and children), counselors clarify with all parties
at the outset which person or persons are clients and the nature of the
relationships they will have with each involved person. If it becomes apparent
that licensed professional counselors may be called upon to perform potentially
conflicting roles, they clarify, adjust, or withdraw from roles appropriately.
(See B.2. and B.4.d.).
A.9.
GROUP WORK
a.
Screening. Licensed professional
counselors screen prospective group counseling/therapy participants. To the
extent possible, counselors select members whose needs and goals are compatible
with goals of the group, who will not impede the group process, and whose
well-being will not be jeopardized by the group experience. (See
B.2.a.)
b.
Protecting Clients. In a group setting,
licensed professional counselors take reasonable precautions to protect clients
from physical or psychological trauma.
A.10.
FEES AND BARTERING - (See D.3.a.
and D.3.b.)
a.
Advance Understanding. Licensed
professional counselors clearly explain to clients, prior to entering the
counseling relationship, all financial arrangements related to professional
services including the use of collection agencies or legal measures for
nonpayment. (See A.11.c., and A.3.a.).
b.
Establishing
Fees. In establishing fees for professional counseling
services, licensed professional counselors consider the financial status of
clients and locality. In the event that the established fee structure is
inappropriate for a client, assistance is provided in attempting to find
comparable services of acceptable cost. (See A.10.d., D.3.a., and
D.3.b.).
c.
Nonpayment of Fees. If licensed
professional counselors intend to use collection agencies or legal means to
address nonpayment of client fees for counseling services, such actions must
follow the process established in the informed consent disclosures to clients.
Prior to initiating such procedures, clients must be informed of the intended
action and allowed an opportunity to make payments. (See A.3.a.).
d.
Bartering
Discouraged. Licensed professional counselors ordinarily
refrain from accepting goods or services from clients in return for counseling
services because such arrangements create inherent potential for conflicts,
exploitation, and distortion of the professional relationship. Licensed
professional counselors may participate in bartering only if the relationship
is not exploitative, if the client requests it, if a clear written contract is
established and if such arrangements are an accepted practice among
professionals in the community. (See A.6.a., and C.5.e.)
e.
Pro Bono
Service. Licensed professional counselors contribute to
society by devoting a portion of their professional activity to services for
which there is little or no financial return (pro bono).
A.11.
TERMINATION, REFERRAL, AND
INTERRUPTION OF SERVICES
a.
Abandonment Prohibited. Licensed
professional counselors do not abandon or neglect clients in
counseling.
b.
Inability to Assist Clients. If licensed
professional counselors determine an inability to be of professional assistance
to clients, they avoid entering or continuing the counseling relationship and
immediately terminate with appropriate referral a counseling relationship once
this inability is determined. Licensed professional counselors are
knowledgeable about referral resources and suggest appropriate alternatives. If
clients decline the suggested referral, licensed professional counselors should
discontinue the relationship.
c.
Appropriate Termination. Licensed
professional counselors terminate a counseling relationship, securing client
agreement when possible, when it is reasonably clear that the client is no
longer benefiting, when services are no longer required, when counseling no
longer serves the client's needs or interests, when clients do not pay fees
charged, or when agency or institution limits do not allow provision of further
counseling services. Clients are considered to be abandoned by a licensed
professional counselor if their termination is without notice and referral when
termination is based solely on nonpayment of fees for counseling services. (See
A.10.a., A.10.b., A.10.c., and C.2.h).
d.
Interruption of
Services. Licensed professional counselors assist in making
appropriate arrangements for the continuation of treatment for clients, when
necessary, during interruptions such as vacations and extended absences. Such
arrangements must be made with reasonable precautions, including
recommendations for emergency services, written authorization to consult with
other professionals, and the option for termination and referral should the
client prefer such arrangements.
A.12.
TECHNOLOGY APPLICATIONS
a.
Use of
Technology. When technology applications are used in
counseling services, licensed professional counselors must ensure that:
(1) the client is intellectually,
emotionally, and physically capable of using the technology application;
(2) the technology application is
appropriate for the needs of the client;
(3) the client understands the purpose and
operation of the technology applications; and
(4) a follow-up of client use of a technology
application is provided to correct possible misconceptions, discover
inappropriate use, and assess subsequent needs.
b.
Explanation of
Limitations. Licensed professional counselors ensure that
clients are provided information as a part of the counseling relationship that
adequately explains the limitations of technology applications.
c.
Access to Technology
Applications. Licensed professional counselors provide for
equal access to technology applications in counseling services. (See
A.2.a.).
d.
Distance Technology Counseling Services.
Licensed professional counselors who employ distance technology for counseling
services must observe and demonstrate all aspects of client rights and welfare,
client confidentiality, professional responsibility (including relationships
with other professionals), procedures for assessment, and resolution of ethical
issues reflected in the Code of Ethics and Standards of
Practice adopted by the Alabama Board of Examiners in Counseling.
Addressing and resolving any disparities between ethical or legally-mandated
practices required in face-to-face counseling services versus distance
technology counseling services is the ethical duty of the licensed professional
counselor. Ethical standards for a licensed professional counselor who employs
distance technology counseling services shall apply to client care and public
protection regardless of the destination point of such counseling services,
unless otherwise prohibited by law. (See A.3.a.).
A.13.
ROLE CHANGES IN THE COUNSELING
RELATIONSHIP
Licensed professional counselors who seek to modify their
existing counseling roles with a client, the family members of a client, or the
intimate partners of a client must do so only after obtaining formal written
consent from the client. Formal consent must reflect all aspects of A.3 above.
Modifications of existing roles with a client, the family members of a client,
or the intimate partners of a client include (but are not limited to) the
following:
(1) changing from
individual to family/relationship counseling or vice versa,
(2) changing to an evaluative role,
(3) changing to a researcher role,
or
(4) changing to a mediator role.
The wishes of clients who do not consent to such role changes must be respected
by licensed professional counselors and modifications to the original
counseling role are to be avoided.
SECTION B: CONFIDENTIALITY
B.1.
RIGHT TO PRIVACY
a.
Respect for
Privacy. Licensed professional counselors respect their
clients' right to privacy and avoid illegal and unwarranted disclosures of
confidential information. Licensed professional counselors respect the cultural
differences of their clients regarding disclosures of information but are not
required to depart from legal requirements in so doing. (See A.3.a. and
B.6.a.).
b.
Client Waiver. The right to privacy may
be waived by the client or their legally recognized representative. (See
A.3.a.).
c.
Exceptions. The general requirements that
licensed professional counselors keep information confidential does not apply
when disclosure is required to prevent clear and imminent danger to the client
or others or when legal requirements demand that confidential information be
revealed. Licensed professional counselors consult with other professionals
when in doubt as to the validity of an exception.
d.
Contagious, Fatal
Diseases. A licensed professional counselor who receives
information confirming that a client has a disease commonly known to be both
communicable and fatal is justified in disclosing information to an
identifiable third party, who by his or her relationship with the client is at
a high risk of contracting the disease. Prior to making a disclosure the
licensed professional counselor should ascertain that the client has not
already informed the third party about his or her disease and that the client
is not intending to inform the third party in the immediate future. (See B.1.c.
and B.1.f.).
e.
Court Ordered Disclosure. When court
ordered to release confidential information without a client's permission,
licensed professional counselors request to the court that the disclosure not
be required due to potential harm to the client or counseling relationship.
(See B.1.c.).
f.
Minimal Disclosure. When circumstances
require the disclosure of confidential information, only essential information
is revealed. To the extent possible, clients are informed before confidential
information is disclosed.
g.
Explanation of Limitations. When
counseling is initiated and throughout the counseling process as necessary,
licensed professional counselors inform clients of the limitations of
confidentiality and identify foreseeable situations in which confidentiality
must be breached. (See G.2.a., and A.3.a.).
h.
Subordiantes. Licensed professional
counselors make every effort to ensure that privacy and confidentiality of
clients are maintained by subordinates including employees, supervisees,
clerical assistants, and volunteers. (See B.1.a.).
i.
Treatment
Teams. If client treatment will involve a continued review
by a treatment team, the client will be informed of the team's existence and
composition.
j.
Electronic Transmission and Dispersal of Confidential
Information. In the electronic transmission and dispersal
of confidential client information, licensed professional counselors take
precautions to insure that such information remains confidential. Electronic
transmission and dispersal of confidential client information includes the use
of computers, telephones, voicemail, electronic mail, facsimile machines,
answering machines, or other forms of technology.
B.2.
GROUPS AND FAMILIES
a.
Group
Work. In group work, licensed professional counselors
clearly define confidentiality and the parameters for the specific group being
entered, explain its importance, and discuss the difficulties related to
confidentiality involved in group work. The fact that confidentiality cannot be
guaranteed is clearly communicated to group members. (See A.9.a.).
b.
Family Relationship
Counseling. In family relationship counseling, information
about one family member or partner cannot be disclosed to another member or
partner without permission. Licensed professional counselors protect the
privacy rights of each family member or client partner. Licensed professional
counselors clearly define "the client" in instances where family members or
other multiple parties are involved in counseling services. Licensed
professional counselors secure written agreements concerning the identity of
"the client" as well as to clarify the rights, limitations, and expectations
associated with the status of "the client." (See A.8., B.3., and
B.4.d.).
B.3.
MINOR OR INCOMPETENT CLIENTS
When counseling clients who are minors or individuals who are
unable to give voluntary, informed consent, parents or guardians may be
included in the counseling process as appropriate. Licensed professional
counselors act in the best interests of clients and take measures to safeguard
confidentiality. Such measures include (but are not limited to);
(1) clarifying the limits of confidentiality
with the client,
(2) demonstrating
sensitivity to cultural differences for clients, parents, and guardians, and
(3) clarifying legal mandates
affecting client, parental, or guardian preferences concerning confidentiality.
(See A.3.c., and A.3.a.).
B.4.
RECORDS
a.
Requirement of
Records. Licensed professional counselors maintain records
necessary for rendering professional services to their clients and as required
by laws, regulations, or agency or institution procedures.
b.
Confidentiality of
Records. Licensed professional counselors are responsible
for securing the safety and confidentiality of any counseling records they
create, maintain, transfer, or destroy, whether the records are developed and
stored in written or, electronic methods. (See B.1.a., B.4.f., and
G.2.j.).
c.
Permission to Record or Observe. Licensed
professional counselors obtain permission from clients prior to electronically
recording or observing sessions. Such permission should specify in writing the
types of recording to be employed, the identity and qualifications of those
observing sessions, how recorded data are to be used, the length of time
recorded data will be retained, the methods by which data will be
destroyed/erased and related aspects of record management. (See
A.3.a.).
d.
Client Access. Licensed professional
counselors recognize that counseling records are kept for the benefit of
clients, and therefore provide access to records and copies of records when
requested by competent clients, unless the records contain information that may
be misleading and detrimental to the client. In situations involving multiple
clients, access to records is limited to those parts of records that do not
include confidential information related to another client. (See A.8., B.1.a.,
and B.2.b.).
e.
Disclosure or Transfer. Licensed
professional counselors obtain written permission from clients to disclose or
transfer records to legitimate third parties unless exceptions to
confidentiality exist as listed in Section B.1. Steps are taken to ensure that
receivers of counseling records are sensitive to their confidential
nature.
f.
Retention and Destruction of Records.
When records are destroyed, the licensed professional counselor ensures that
the information is rendered unidentifiable and that the destruction is as
discussed in their informed consent procedures. (See A.3.a.).
g.
Recommended Planning for
Records Management in Death. Licensed professional
counselors are strongly encouraged to identify a custodian of record for client
information in case of unexpected death. In the absence of an identified
custodian-of-record, professional peers acting on behalf of the clients of a
deceased licensee are encouraged to exercise care and collaborative oversight
in the management of client records.
B.5.
RESEARCH AND TRAINING
a.
Data Disguise
Required. Use of data derived from counseling relationships
for purposes of training, research, or publication is confined to content that
is disguised to ensure the anonymity of the individuals involved. (See B.1.g.
and G.3.d.).
b.
Agreement for Identification.
Identification of a client in a presentation or publication is permissible only
when the client has reviewed the material and has agreed in writing to its
presentation or publication. (See G.3.d.).
B.6.
CONSULTATION
a.
Respect for
Privacy. Information obtained in a consulting relationship
is discussed for professional purposes only with persons clearly concerned with
the case. Written and oral reports present data germane to the purposes of the
consultation, and every effort is made to protect client identity and avoid
undue invasion of privacy.
b.
Cooperating Agencies. Before sharing
information, licensed professional counselors make efforts to ensure that there
are defined policies in other agencies serving the licensed professional
counselor's clients that effectively protect the confidentiality of
information.
SECTION C: PROFESSIONAL RESPONSIBILITY
C.1.
STANDARDS KNOWLEDGE
Licensed professional counselors have a responsibility to read,
understand, and follow the Code of Ethics and Standards of
Practice.
C.2.
PROFESSIONAL COMPETENCE
a.
Boundaries of Competence. Licensed
professional counselors practice only within the boundaries of their
competence, based on their education, training, supervised experience, state
and national professional credentials, and appropriate professional experience.
Licensed professional counselors will demonstrate a commitment to gain
knowledge, personal awareness, sensitivity, and skills pertinent to working
with a diverse client population.
b.
Theoretical, Empirical,
or Scientific Bases for Treatment Approaches. Licensed
professional counselors use techniques, procedures, and modalities that are
grounded in established theory or have an empirical or scientific foundation.
Licensed professional counselors use techniques, procedures, and modalities
that do not have an established theoretical, empirical or scientific foundation
only after disclosing the experimental nature of the treatment to their clients
(including potential risks) and securing approval as discussed with clients in
their informed consent procedures. (See A.3.a.).
c.
New Specialty Areas of
Practice. Licensed professional counselors practice in
specialty areas new to them only after appropriate education, training, and
supervised experience. While developing skills in new specialty areas, licensed
professional counselors take steps to ensure the competence of their work and
to protect others from possible harm.
d.
Qualified for
Employment. Licensed professional counselors accept
employment only for positions for which they are qualified by education,
training, supervised experience, state and national professional credentials,
and appropriate professional experience. Licensed professional counselors hire
for professional counseling positions only individuals who are qualified and
competent.
e.
Monitor Effectiveness. Licensed
professional counselors continually monitor their effectiveness as
professionals and take steps to improve when necessary. Licensed professional
counselors in private practice take reasonable steps to seek out peer
supervision to evaluate their efficacy as counselors.
f.
Ethical Issues
Consultation. Licensed professional counselors take
reasonable steps to consult with other licensed professional counselors or
related professionals when they have questions regarding their ethical
obligations or professional practice. (See H.1.).
g.
Continuing
Education. Licensed professional counselors recognize the
need for continuing education to maintain a reasonable level of awareness of
current scientific and professional information in their fields of activity.
They take steps to maintain competence in the skills they use, are open to new
procedures, and keep current with the diverse and/or special populations with
whom they work.
h.
Impairment or Incapacitation. Licensed
professional counselors refrain from offering professional counseling services
to clients or supervision of counselors-in-training when their physical, mental
or emotional problems are likely to harm a client or others. Licensed
professional counselors are alert to the signs of impairment, seek assistance
for problems, and, if necessary, limit, suspend, or terminate their
professional responsibilities until they can resume their duties. Should a
licensed professional counselor be incapacitated, temporary care and continuity
for clients may be undertaken by competent professional peers acting in the
best interests of those clients. (See A.11.c.).
i.
Departure From or
Termination of a Practice. Licensed professional counselors
who depart from a practice must act with due diligence to notify active and
former clients of their pending departure from that practice. Such information
should include (but not be limited to):
(1)
information for future professional contacts with the licensee,
(2) clarification concerning client record
availability, storage, and retrieval from a designated custodian of records,
(3) contact information for other
local professionals who may assist in the absence of the licensee,
(4) appropriate referrals, and
(5) other appropriate managerial or
administrative duties to insure client care after the departure of the
licensee. When possible, such information should also be provided to staff and
peer professionals remaining at the practice from which the licensee is
departing. Licensed professional counselors who are terminating their practice
must act with similar notice and due diligence as described in this
standard.
C.3.
ADVERTISING AND SOLICITING
CLIENTS
a.
Accurate
Advertising. There are no restrictions on advertising by
licensed professional counselors except those that can be specifically
justified to protect the public from deceptive practices. Licensed professional
counselors advertise or represent their services to the public by identifying
their credentials in an accurate manner that is not false, misleading,
deceptive, or fraudulent. Licensed professional counselors may only advertise
the highest degree earned which is in counseling or a closely related field
from a college or university that was accredited when the degree was awarded by
one of the regional accrediting bodies recognized by the Council on Recognition
of Postsecondary Accreditations.
b.
Testimonials. Licensed professional
counselors who use testimonials do not solicit them from clients or other
persons who, because of their particular circumstances, may be vulnerable to
undue influence. (See C.5.e.).
c.
Statements by Others. Licensed
professional counselors make reasonable efforts to ensure that statements made
by others about them or the profession of counseling are accurate.
d.
Recruiting Through
Employment. Licensed professional counselors do not use
their places of employment or institutional affiliation to recruit or gain
clients, supervisees, or consultees for their private practices. (See
C.5.e.).
e.
Products and Training Advertisements.
Licensed professional counselors who develop products related to their
profession or conduct workshops or training events, ensure that the
advertisements concerning these products or events are accurate and disclose
adequate information for consumers to make informed choices.
f.
Promoting to Those
Served. Licensed professional counselors do not use
counseling, teaching, training, or supervisory relationships to promote their
products or training events in a manner that is deceptive or would exert undue
influence on individuals who may be vulnerable. Licensed professional
counselors may adopt textbooks they have authored for instruction
purposes.
g.
Professional Association Involvement.
Licensed professional counselors actively participate in local, state, and
national associations that foster the development and improvement of
counseling.
C.4.
CREDENTIALS
a.
Accurate Representation of Credentials.
Licensed professional counselors claim or imply only professional credentials
possessed and are responsible for correcting any known misrepresentations of
their credentials by others. Professional credentials include graduate degrees
in counseling or closely related mental health fields, accreditation of
graduate programs, national voluntary certifications, government-issued
certifications or licenses, American Counseling Association (ACA) professional
membership, or any other credential that might indicate to the public
specialized knowledge or expertise in counseling. Licensed professional
counselors clearly distinguish to clients, professional peers, and the public
any degrees that are honorary rather than earned.
b.
Professional
Membership. Licensed professional counselors may announce
to the public their professional membership status. Licensed professional
counselors may not announce membership in professional associations in a manner
that might imply they are credentialed counselors.
c.
Credential
Guidelines. Licensed professional counselors follow the
guidelines for use of credentials that have been established by the entities
that issue the credentials.
d.
Misrepresentation of Credentials.
Licensed professional counselors do not attribute more to their credentials
than the credentials represent, and do not imply that other licensed
professional counselors are not qualified because they do not possess certain
credentials.
e.
Doctoral Degrees From Other Fields.
Licensed professional counselors who hold a master's degree in counseling or a
closely related mental health field, but hold a doctoral degree from other than
counseling or a closely related field do not use the title, "Dr." in their
practices and do not announce to the public in relation to their practice or
status as a counselor that they hold a doctorate.
C.5.
PUBLIC RESPONSIBILITY
a.
Nondiscrimination. Licensed professional
counselors do not discriminate against clients, students, or supervisees in a
manner that has a negative impact based on their age, color, culture,
disability, ethnic group, gender, gender identity, race, religion, sexual
orientation, or socioeconomic status, or for any other reason. (See
A.2.a.).
b.
Sexual Harassment. Licensed professional
counselors do not engage in sexual harassment. Sexual harassment is defined as
sexual solicitation, physical advances, or verbal or nonverbal conduct that is
sexual in nature, that occurs in connection with professional activities or
roles, and that either (1) is unwelcome, is offensive, or creates a hostile
work place environment, and licensed professional counselors know or are told
this; or (2) is sufficiently severe or intense to be perceived as harassment to
a reasonable person in the context. Sexual harassment can consist of a single
intense or severe act or multiple persistent or pervasive acts.
c.
Reports to Third
Parties. Licensed professional counselors are accurate,
honest, and unbiased in reporting their professional activities and judgments
to appropriate third parties including courts, health insurance companies,
those who are the recipients of evaluation reports, and others. Licensed
professional counselors will be in violation of this standard if they provide
written statements about persons they have not met, or about whom they do not
have documentation from another professional from whom such statements have
originated, in their communications with any third parties. (See
B.1.g.).
d.
Media
Presentations. When licensed professional counselors
provide advice or comment by means of public lectures, demonstrations, radio or
television programs, prerecorded tapes, printed articles, mailed material, or
other media, they take reasonable precautions to ensure that (1) the statements
are based on appropriate professional counseling literature and practice; (2)
the statements are otherwise consistent with the Code of Ethics and Standards
of Practice; and (3) the recipients of the information are not encouraged to
infer that a professional counseling relationship has been established. (See
C.6.b.).
e.
Exploitation. Licensed professional
counselors do not use their professional positions to seek or receive
unjustified personal gains, sexual favors, unfair advantage, or unearned goods
or services. (See C.3.d.)
C.6.
RESPONSIBILITY TO OTHER
PROFESSIONALS
a.
Different Approaches. Licensed
professional counselors are respectful of approaches to professional counseling
that differ from their own. Licensed professional counselors know and take into
account the traditions and practices of other professional groups with which
they work.
b.
Personal Public Statements. When making
personal statements in a public context, licensed professional counselors
clarify that they are speaking from their personal perspectives and that they
are not speaking on behalf of all counselors or the profession. (See
C.5.d.).
c.
Clients Served by Others. When licensed
professional counselors learn that their clients are in a professional
relationship with another mental health professional, they request release from
clients to inform the other professionals and strive to establish positive and
collaborative professional relationships. (See A.4.).
SECTION D: RELATIONSHIPS WITH OTHER
PROFESSIONALS
D.1.
RELATIONSHIPS WITH EMPLOYERS AND EMPLOYEES
a.
Role
Definition. Licensed professional counselors define and
describe for their employers and employees the parameters and levels of their
professional roles.
b.
Agreements. Licensed professional
counselors establish working agreements with supervisors, colleagues, and
subordinates regarding counseling or clinical relationships, confidentiality,
adherence to professional standards, distinction between public and private
material, maintenance and dissemination of recorded information, workload, and
accountability. Working agreements in each instance are specified and made
known to those concerned.
c.
Negative Conditions. Licensed
professional counselors alert their employers to conditions that may be
potentially disruptive or damaging to the licensed professional counselor's
professional responsibilities or that may limit their effectiveness.
d.
Evaluations. Licensed professional
counselors submit regularly to professional review and evaluation by their
supervisor or the appropriate representative of the employer.
e.
In-Service. Licensed professional
counselors are responsible for in-service development of self and
staff.
f.
Goals. Licensed professional counselors
inform their staff of goals and programs.
g.
Practices. Licensed professional
counselors provide personnel and agency practices that respect and enhance the
rights and welfare of each employee and recipient of agency services. Licensed
professional counselors strive to maintain the highest level of professional
services.
h.
Personnel Selection and Assignment.
Licensed professional counselors select competent staff and assign
responsibilities compatible with their skills and experiences.
i.
Discrimination. Counselors, as either
employers or employees, do not engage in or condone practices that are
inhumane, illegal, or unjustifiable (such as considerations based on age,
color, culture, disability, ethnic group, gender, gender identity, race,
religion, sexual orientation, or socioeconomic status) in hiring, promotion, or
training. (See A.2.a. and C.5.b.).
j.
Professional
Conduct. Licensed professional counselors have
responsibility both to clients and to the agency or institution within which
services are performed to maintain high standards of professional
conduct.
k.
Exploitative Relationships. Licensed
professional counselors do not engage in exploitative relationships with
individuals over whom they have supervisory, evaluative, or instructional
control or authority.
l.
Employer Policies. The acceptance of
employment in an agency or institution implies that licensed professional
counselors are in agreement with its general policies and principles. Licensed
professional counselors strive to reach agreement with employers as to
acceptable standards of conduct that allow for changes in institutional policy
conducive to the growth and development of clients.
D.2.
CONSULTATION (SEE B.6)
a.
Consultation as an
Option. Licensed professional counselors may choose to
consult with any other professionally competent persons about their clients. In
choosing consultants, licensed professional counselors avoid placing the
consultant in a conflict of interest situation that would preclude the
consultant being a proper party to the licensed professional counselor's
efforts to help the client. Should licensed professional counselors be engaged
in a work setting that compromises this consultation standard, they consult
with other professionals whenever possible to consider justifiable
alternatives.
b.
Consultant Competency. Licensed
professional counselors are reasonably certain that they have or the
organization represented has the necessary competences and resources for giving
the kind of consulting services needed and that appropriate referral resources
are available.
c.
Understanding with Clients. When seeking
consultation, licensed professional counselors attempt to develop with their
clients a clear understanding of problem definition, goals for change, and
predicted consequences of interventions selected.
d.
Consultant
Goals. The counseling relationship is one in which client
adaptability and growth toward self-direction are consistently encouraged and
cultivated. (See A.1.b.).
e.
Informed Consent in Consultation. When
providing consultation, licensed professional counselors have an obligation to
review, in writing and verbally, the rights and responsibilities of both the
consultant and consultee. Licensed professional counselors serving as
consultants use clear and understandable language to inform all parties
involved about the purpose of the services to be provided, relevant costs,
potential risks and benefits, and the limits of confidentiality.
D.3.
FEES FOR
REFERRAL
a.
Accepting
Fees from Agency Clients. Licensed professional counselors
refuse a private fee or other remuneration for rendering services to persons
who are entitled to such services through the licensed professional counselor's
employing agency or institution. The policies of a particular agency may make
explicit provisions for agency clients to receive counseling services from
members of its staff in private practice. In such instances, the clients must
be informed of other options open to them should they seek private counseling
services. (See A.10.a., A.11.b., and C.3.d.).
b.
Referral
Fees. Licensed professional counselors do not accept a
referral fee from other professionals.
D.4.
SUBCONTRACTOR ARRANGEMENTS
When licensed professional counselors work as subcontractors
for counseling services for a third party, they have a duty to inform clients
of the limitations of confidentiality that the organization may place on
licensed professional counselors in providing counseling services to clients.
The limits of such confidentiality ordinarily are discussed as part of the
intake session. (See A.3.a., B.1.c., B.1.e. and B.1.f.).
SECTION E: EVALUATION, ASSESSMENT, AND
INTERPRETATION
E.1.
GENERAL
a.
Appraisal
Techniques. The primary purpose of educational and
psychological assessment is to provide measures that are objective and
interpretable in either comparative or absolute terms. Licensed professional
counselors recognize the need to interpret the statements in this section as
applying to the whole range of appraisal techniques, including test and nontest
data.
b.
Client
Welfare. Licensed professional counselors promote the
welfare and best interests of the client in the development, publication, and
utilization of educational and psychological assessment techniques. They do not
misuse assessment results and interpretations and take reasonable steps to
prevent others from misusing the information these techniques provide. They
respect the client's right to know the results, the interpretations made, and
the bases for their conclusions and recommendations.
E.2.
COMPETENCE TO USE AND INTERPRET
TESTS
a.
Limits of
Competence. Licensed professional counselors recognize the
limits of their competence and perform only those testing and assessment
services for which they have been trained. They are familiar with reliability,
validity, related standardization, error of measurement, and proper application
of any technique utilized. Licensed professional counselors using
technology-based test interpretations are trained in the construct being
measured and the specific instrument being used prior to using this type of
technology application. Licensed professional counselors take reasonable
measures to ensure the proper use of psychological assessment techniques by
persons under their supervision.
b.
Appropriate Use. Licensed professional
counselors are responsible for the appropriate application, scoring,
interpretation, and use of assessment instruments, whether they score and
interpret such tests themselves or use technology-based applications or other
services.
c.
Decisions Based on Results. Licensed
professional counselors responsible for decisions involving individuals or
policies that are based on assessment results have a thorough understanding of
educational and psychological measurement, including validation criteria, test
research, and guidelines for test development and use.
d.
Accurate
Information. Licensed professional counselors provide
accurate information and avoid false claims or misconceptions when making
statements about assessment instruments or techniques. Special efforts are made
to avoid unwarranted connotations of such terms as IQ and grade equivalent
scores. (See C.5.c.).
E.3.
INFORMED CONSENT
a.
Explanation to
Clients. Prior to assessment, licensed professional
counselors explain the nature and purposes of assessment and the specific use
of results in language the client (or other legally authorized person on behalf
of the client) can understand, unless an explicit exception to this right has
been agreed upon in advance. Regardless of whether scoring and interpretation
are completed by licensed professional counselors, by assistants, or by
computer or other outside services, licensed professional counselors take
reasonable steps to ensure that appropriate explanations are given to the
client. (See A.3.a.).
b.
Recipients of Results. The examinee's
welfare, explicit understanding and prior agreement determine the recipients of
test results. Licensed professional counselors include accurate and appropriate
interpretations with any release of individual or group test results. (See
B.1.a. and C.5.c.).
E.4.
RELEASE OF INFORMATION TO COMPETENT PROFESSIONALS
a.
Misuse of
Results. Licensed professional counselors do not misuse
assessment results, including test results, and interpretations, and take
reasonable steps to prevent the misuse of such by others. (See
C.5.c.)
b.
Release of Raw Data. Licensed
professional counselors ordinarily release data (e.g., protocols, counseling or
interview notes, or questionnaires) in which the client is identified only with
the consent of the client or the client's legal representative. Such data are
usually released only to persons recognized by licensed professional counselors
as competent to interpret the data. (See B.1.a.).
E.5.
PROPER DIAGNOSIS OF MENTAL
DISORDERS
a.
Proper
Diagnosis. Licensed professional counselors take special
care to provide proper diagnosis of mental disorders. Assessment techniques
(including personal interview) used to determine client care (e.g., locus of
treatment, type of treatment, or recommended follow-up) are carefully selected
and appropriately used. (See A.3.a. and C.5.c.).
b.
Cultural
Sensitivity. Licensed professional counselors recognize
that culture affects the manner in which clients' problems are defined.
Clients' socioeconomic and cultural experience is considered when diagnosing
mental disorders.
E.6.
TEST SELECTION
a.
Appropriateness of Instruments. Licensed
professional counselors carefully consider the validity, reliability,
psychometric limitations, and appropriateness of instruments when selecting
tests for use in a given situation or with a particular client.
b.
Cultural Diverse
Populations. Licensed professional counselors are cautious
when selecting tests for culturally diverse populations to avoid
inappropriateness of testing that may be outside of socialized behavioral or
cognitive patterns.
E.7.
CONDITIONS OF TEST ADMINISTRATION
a.
Administration
Conditions. Licensed professional counselors administer
tests under the same conditions that were established in their standardization.
When tests are not administered under standard conditions or when unusual
behavior or irregularities occur during the testing session, those conditions
are noted in interpretation, and the results may be designated as invalid or of
questionable validity.
b.
Electronic Administration. Licensed
professional counselors are responsible for ensuring that administration
programs function properly to provide clients with accurate results when a
computer or other electronic methods are used for test administration. (See
A.12.b.).
c.
Unsupervised Test-Taking. Licensed
professional counselors do not permit unsupervised or inadequately supervised
use of tests or assessments unless the tests or assessments are designed,
intended, and validated for self-administration and/or scoring.
d.
Disclosure of Favorable
Conditions. Prior to test administration, conditions that
produce most favorable test results are made known to the examinee.
E.8.
DIVERSITY IN
TESTING
Licensed professional counselors are cautious in using
assessment techniques, making evaluations, and interpreting the performance of
populations not represented in the norm group on which an instrument was
standardized. They recognize the effects of age, color, culture, disability,
ethnic group, gender, gender identity, race, religion, sexual orientation, and
socioeconomic status on test administration and interpretation and place test
result in proper perspective with other relevant factors. (See A.2.a.).
E.9.
TEST SCORING AND
INTERPRETATION
a.
Reporting Reservations. In reporting
assessment results, licensed professional counselors indicate any reservations
that exist regarding validity or reliability because of the circumstances of
the assessment or the inappropriateness of the norms for the person
tested.
b.
Research Instruments. Licensed
professional counselors exercise caution when interpreting the results of
research instruments possessing insufficient technical data to support
respondent results. The specific purposes for the use of such instruments are
stated explicitly to the examinee.
c.
Testing
Services. Licensed professional counselors who provide test
scoring and test interpretation services to support the assessment process
confirm the validity of such interpretations. They accurately describe the
purpose, norms, validity, reliability, and applications of the procedures and
any special qualifications applicable to their use. The public offering of an
automated test interpretations service is considered a
professional-to-professional consultation. The formal responsibility of the
consultant is to the consultee, but the ultimate and overriding responsibility
is to the client.
E.10.
TEST SECURITY
Licensed professional counselors maintain the integrity and
security of tests and other assessment techniques consistent with legal and
contractual obligations. Licensed professional counselors do not appropriate,
reproduce, or modify published tests or parts thereof without acknowledgement
and permission from the publisher.
E.11.
OBSOLETE TESTS AND OUTDATED TEST
RESULTS
Licensed professional counselors do not use data or test
results that are obsolete or outdated for the current purpose. Licensed
professional counselors make every effort to prevent the misuse of obsolete
measures and test data by others.
E.12.
TEST CONSTRUCTION
Licensed professional counselors use established scientific
procedures, relevant standards, and current professional knowledge for test
design in the development, publication, and utilization of educational and
psychological assessment techniques.
SECTION F: TRAINING AND SUPERVISION
F.1.
COUNSELOR EDUCATORS
a.
Counselor
Educators. Licensed professional counselors who are
associated with counselor education and training programs act in an ethical
manner and serve as role models for professional behavior. Such behavior is
founded on sensitivity to and respect for multicultural/diversity factors
affecting the learning and supervisory environment of students and
supervisees.
b.
Relationship Boundaries with Students and
Supervisees. Licensed professional counselors clearly
define and maintain ethical, professional, and social relationship boundaries
with their students and supervisees. They are aware of the differential in
power that exists and the student's or supervisee's possible incomprehension of
that power differential. Licensed professional counselors explain to students
and supervisees the potential for the relationship to become exploitive. (See
A.6.a., and A.6.b.).
c.
Informed Consent in Supervision. When
providing supervision, licensed professional counselors have an obligation to
review, in writing and verbally, the rights and responsibilities of supervisors
and supervisees. Licensed professional counselors serving as supervisors use
clear and understandable language to inform supervisees about the purpose of
the services to be provided, relevant costs, potential risks and benefits, and
the limits of confidentiality.
d.
Sexual Relationships. Licensed
professional counselors do not engage in sexual relationships with students or
supervisees and do not subject them to sexual harassment. (See A.6. and
C.5.b.).
e.
Close
Relatives, Friends, and Intimate Partners as Supervisees.
Licensed professional counselors do not accept close relatives, friends, or
intimate partners as supervisees.
f.
Supervision
Preparation. Licensed professional counselors who offer
clinical supervision services are adequately prepared in supervision methods
and techniques. Counselors who are doctoral students serving as practicum or
internship supervisors to master's level students are adequately prepared and
supervised by the training program.
g.
Responsibility for
Services to Clients. Licensed professional counselors who
supervise the counseling services of others take reasonable measures to ensure
that counseling services provided to clients are professional and reflect the
ethical duties of licensees.
h.
Endorsement. Licensed professional
counselors do not endorse students or supervisees for certification, licensure,
employment, or completion of an academic or training program if they believe
students or supervisees are not qualified for the endorsement. Licensed
professional counselors take reasonable steps to assist students or supervisees
who are not qualified for endorsement to become qualified.
i.
Evaluation. Licensed professional
counselors clearly state to students and supervisees, in advance of training
and supervision, the levels of competency expected, appraisal methods, and
timing of evaluation. Licensed professional counselors provide students and
supervisees with periodic performance appraisal and evaluation feedback
throughout the training program.
j.
Dual Relationships as Supervisors.
Licensed professional counselors avoid dual relationships such as performing
the role of licensure supervisor and training program supervisor in the
student's or supervisee's training program.
k.
Limitations. Licensed professional
counselors, through ongoing evaluation and appraisal, should be aware of
limitations or obstacles of students and supervisees that might impede
performance. Licensed professional counselors assist students and supervisees
in securing remedial assistance when needed and discontinue supervision with
supervisees who are unable to provide competent service.
l.
Counseling for Students
and Supervisees. If students or supervisees request
counseling, supervisors or counselor educators provide then with acceptable
referrals. Licensed professional counselors serving as supervisors or counselor
educators do not serve as counselor to students or supervisees over whom they
hold administrative, teaching, or evaluative roles unless this is a brief role
associated with a training experience. (See A.6.b.).
m.
Clients of Students and
Supervisees. Licensed professional counselors make every
effort to ensure that the clients of students in field placements or
post-graduate supervisees are aware of the services rendered and the
qualifications of the students and supervisees rendering those services.
Clients receive professional disclosure information and are informed of the
limits of confidentiality. Client permission is obtained in order for the
students and supervisees to use any information concerning the counseling
relationship in the training and supervisory process. (See A.3.a., and
B.1.g.).
n.
Interruption of Supervision through Emergency or
Absence. Licensed professional counselors are responsible
for clarifying with supervisees those procedures to follow in instances of
supervision interruption through either emergency or absence. Such procedures
should include options for contacting the supervisor, or on-call or back-up
supervisors/consultants in cases of emergency, referral of the supervisees'
clients, if necessary, and if necessary, no new clients for the supervisee
until the return of the supervisor or a new permanent arrangement can be made
for supervisee oversight.
SECTION G: RESEARCH AND FINDINGS
G.1.
RESEARCH RESPONSIBILITIES
a.
Use of Human
Subjects. Licensed professional counselors plan, design,
conduct, and report research in a manner consistent with pertinent ethical
principles, federal and state laws, host institutional regulations, and
scientific standards governing research with human subjects. Licensed
professional counselors design and conduct research that reflects cultural
sensitivity appropriateness.
b.
Deviation from Standard Practices.
Licensed professional counselors seek consultation and observe stringent
safeguards to protect the rights of research participants when a research
problem suggests a deviation from standard acceptable practices. (See
B.6.).
c.
Precautions to Avoid Injury. Licensed
professional counselors who conduct research with human subjects are
responsible for the subjects' welfare throughout the experiment and take
reasonable precautions to avoid causing injurious psychological, physical, or
social effects to their subjects.
d.
Principal Researcher
Responsibility. The ultimate responsibility for ethical
research practice lies with the principal researcher. All others involved in
the research activities share ethical obligations and full responsibility for
their own actions.
e.
Minimal Interference. Licensed
professional counselors take reasonable precautions to avoid causing
disruptions in subjects' lives due to participation in research.
f.
Diversity. Licensed professional
counselors are sensitive to diversity and research issues with special
populations. They seek consultation when appropriate. (See A.2.a. and
B.6.).
G.2.
INFORMED CONSENT
a.
Topics Disclosed. In obtaining informed
consent for research, licensed professional counselors use language that is
understandable to research participants and that:
(1) accurately explains the purpose and
procedures to be followed;
(2)
identifies any procedures that are experimental or relatively untried;
(3) describes the attendant
discomforts and risks;
(4)
describes the benefits or changes in individuals or organizations that might be
reasonably expected;
(5) discloses
appropriate alternative procedures that would be advantageous for subjects;
(6) offers to answer any inquiries
concerning the procedures, including the retention and destruction of data in
the research;
(7) describes any
limitations on confidentiality; and
(8) instructs that subjects are free to
withdraw their consent and to discontinue participation in the project at any
time. (See B.1.f.).
b.
Deception. Licensed professional
counselors do not conduct research involving deception unless alternative
procedures are not feasible and the prospective value of the research justifies
the deception. When the methodological requirements of a study necessitate
concealment or deception, the investigator is required to explain clearly the
reasons for this action as soon as possible.
c.
Voluntary
Participation. Participation in research is typically
voluntary and without any penalty for refusal to participate. Involuntary
participation is appropriate only when it can be demonstrated that
participation will have no harmful effects on subjects and is essential to the
investigation.
d.
Confidentiality of Information.
Information obtained about research participants during the course of an
investigation is confidential. When the possibility exists that others may
obtain access to such information, ethical research practice requires that the
possibility, together with the plans for protecting confidentiality, be
explained to participants as a part of the procedure for obtaining informed
consent.
e.
Persons Incapable of Giving Informed
Consent. When a person is incapable of giving informed
consent, licensed professional counselors provide an appropriate explanation,
obtain agreement for participation and obtain appropriate consent from a
legally authorized person.
f.
Commitments to Participants. Licensed
professional counselors take reasonable measures to honor all commitments to
research participants.
g.
Explanations After Data Collection. After
data are collected, licensed professional counselors provide participants with
full clarification of the nature of the study to remove any misconceptions.
When scientific or human values justify delaying or withholding information,
licensed professional counselors take reasonable measures to avoid causing
harm.
h.
Agreements to Cooperate. Licensed
professional counselors who agree to cooperate with another individual in
research or publication incur an obligation to cooperate as promised in terms
of punctuality of performance and with regard to the completeness and accuracy
of the information required.
i.
Informed Consent for Sponsors. In the
pursuit of research, licensed professional counselors give sponsors,
institutions, and publication channels the same respect and opportunity for
giving informed consent that they accord to individual research participants.
Licensed professional counselors are aware of their obligations to future
research workers and ensure that host institutions are given feedback
information and proper acknowledgement.
j.
Retention of Research
Materials. Licensed professional counselors retain research
data until such time they determine that the data are no longer relevant to the
original research or any extension of the original research. When data are
destroyed, the licensed professional counselor insures that the data are
rendered unidentifiable and that their destruction is as discussed with
participants in their informed consent procedures.
G.3.
REPORTING FINDINGS
a.
Information Affecting
Outcome. When reporting research results, licensed
professional counselors explicitly mention all variables and conditions known
to the investigator that may have affected the outcome of a study or the
interpretation of data.
b.
Accurate Results. Licensed professional
counselors plan, conduct, and report research accurately and in a manner that
minimizes the possibility that results will be misleading. They provide
thorough discussions of the limitations of their data and alternative
hypotheses. Licensed professional counselors do not engage in fraudulent
research, distort data, misrepresent data, or deliberately bias their
results.
c.
Obligation to Report Unfavorable Results.
Licensed professional counselors communicate to other counselors the results of
any research judged to be of professional value. Results that reflect
unfavorably on institutions, programs, services, prevailing opinions, or vested
interests are not withheld.
d.
Identity of Subjects. Licensed
professional counselors who supply data, aid in the research of another person,
report research results, or make original data available take due care to
disguise the identity of respective subjects in the absence of specific
authorization from the subjects to do otherwise. (See B.1.g. and
B.5.a.)
e.
Replication Studies. Licensed
professional counselors are obligated to make available sufficient original
research data to qualified professionals who may wish to replicate the
study.
SECTION H: RESOLVING ETHICAL ISSUES
H.1.
KNOWLEDGE OF STANDARDS
Licensed professional counselors are familiar with the
Code of Ethics and
Standards of
Practice and other applicable ethics codes from other professional
organizations of which they are members, or from certification and licensure
bodies. Lack of knowledge or misunderstanding of an ethical responsibility is
not a defense against a charge of unethical conduct.
H.2.
SUSPECTED VIOLATIONS
a.
Ethical Behavior
Expected. Licensed professional counselors expect
professional associates to adhere to the Code of Ethics and
Standards of Practice.
b.
Consultation. When uncertain as to
whether a particular situation or course of action may be in violation of the
Code of Ethics and Standards of Practice, licensed
professional counselors consult with other licensed professional counselors who
are knowledgeable about ethics, with colleagues, or with appropriate
authorities.
c.
Conflicts Between Ethics and Law. If
licensed professional counselors encounter conflicts between the
Code of Ethics and Standards of Practice of the Board
and legal requirements in state or federal law that cannot be reconciled, they
may adhere to legal requirements. No penalty or disciplinary action will be
taken against the licensed professional counselor by the Board so long as the
conflict can be verified as irreconcilable.
d.
Organization
Conflicts. If the demands of an organization with which
licensed professional counselors are affiliated pose a conflict with the
Code of Ethics and Standards of Practice, licensed
professional counselors specify the nature of such conflicts and express to
their supervisors or other responsible officials their commitment to the
Code of Ethics and Standards of Practice. When
possible, licensed professional counselors work toward change within the
organization to allow full adherence to the_.
Code of Ethics and Standards of
Practice.
e.
Reporting Suspected Violations. Licensed
professional counselors, based upon reasonable suspicion and cause, take action
such as reporting the suspected ethical violation of other licensees to the
office of the Alabama Board of Examiners in Counseling as well as to state or
national ethics committees, unless this action conflicts with confidentiality
rights or existing legal codes.
f.
Good-Faith Complaints. Licensed
professional counselors do not initiate, participate in, or encourage the
filing of ethics complaints that are not in good faith or intended to harm a
licensed professional counselor rather than to protect clients or the
public.
H.3.
COOPERATION WITH INVESTIGATIVE COMMITTEES
Licensed professional counselors assist in the process of
enforcing the Code of Ethics and Standards of
Practice. Licensed professional counselors cooperate with
investigations, proceedings, and requirements of the Alabama Board of Examiners
in Counseling, and its jurisdiction over those charged with ethical violations.
Licensed professional counselors are familiar with the rules and regulations of
the Alabama Board of Examiners in Counseling and use them as a reference in
assisting the enforcement of the Code of Ethics and Standards of
Practice.
STANDARDS OF
PRACTICE
All licensed professional counselors are required to adhere to
the Standards of Practice and the Code of
Ethics. The Standards of Practice
represent minimal behavioral statements of the Code of
Ethics. Licensed professional counselors should refer to the
applicable section of the Code of Ethics for further
interpretation and amplification of the applicable Standards of
Practice.
SECTION A: THE COUNSELING RELATIONSHIP
Standard of Practice One (SP-1)
Avoiding Harm to Clients
Licensed professional counselors must act with deliberation to
avoid foreseeable harm to clients and must act to minimize or remedy
unanticipated harm to clients. (See A.1.a., and C.2.b.).
Standard of Practice Two (SP-2)
Nondiscrimination
Licensed professional counselors respect diversity and must not
discriminate against clients because of age, color, culture, disability, ethnic
group, gender, gender identity, race, religion, sexual orientation, marital
status, or socioeconomic status. (See A.2.a.).
Standard of Practice Three
(SP-3) Disclosure to Clients
Licensed professional counselors must adequately inform
clients, verbally and in writing, regarding the counseling process and
counseling relationship at or before the time it begins and throughout the
relationship. (See A.3.a.)
Standard of Practice Four (SP-4)
Dual Relationships
Licensed professional counselors must make every effort to
avoid dual relationships with clients, family members of clients, and intimate
partners of clients that could impair their professional judgment or increase
the risk of harm to clients. When a dual relationship cannot be avoided,
licensed professional counselors must take appropriate steps to ensure that
judgment is not impaired and that no exploitation occurs. (See A.6.a. and
A.6.b.).
Standard of Practice Five (SP-5)
Sexual Intimacies With Clients
Licensed professional counselors must not engage in any type of
sexual intimacies with current clients, family members of current clients, or
intimate partners of current clients and must not engage in sexual intimacies
with former clients, family members of former clients, or intimate partners of
former clients within a minimum of five years after terminating the counseling
relationship. Licensed professional counselors who engage in such relationship
after five years following termination have the responsibility to thoroughly
examine and document that such relations did not have an exploitative nature.
(See A.7.a. and A.7.b.).
Standard of Practice Six (SP-6)
Protecting Clients During Group Work
Licensed professional counselors must take steps to protect
clients from physical or psychological trauma resulting from interaction during
group work. (See A.9.b.).
Standard of Practice Seven
(SP-7) Advance Understanding of Fees
Licensed professional counselors must explain to clients, prior
to their entering the counseling relationship, financial arrangements related
to professional services. If licensed professional counselors intend to use
collection agencies or legal means to address nonpayment of client fees for
counseling services, such actions must follow the process established in the
informed consent disclosures to clients. Prior to initiating such procedures,
clients must be informed of the intended action and allowed an opportunity to
make payments. (See A.10.a-d. and A.11.c.)
Standard of Practice Eight
(SP-8) Abandonment and Termination
Licensed professional counselors must not abandon clients but
must assist in making appropriate arrangements for the continuation of
treatment of clients, when necessary, following termination of counseling
relationships. Clients are considered to be abandoned by a licensed
professional counselor if their termination is without notice and referral.
(See A.11.a. and A.11.c.).
Standard of Practice Nine (SP-9)
Inability to Assist Clients
Licensed professional counselors must avoid entering or
continuing a counseling relationship and immediately terminate, with
appropriate referral if it is determined that they are unable to be of
professional assistance to a client. (See A.11.b.).
Standard of Practice Ten (SP-10)
Distance Technology Counseling Services
Licensed professional counselors must ensure all aspects of
ethical duty contained in the Alabama Board of Examiners in Counseling Code of
Ethics and Standards of Practice in the provision of distance technology
counseling services. Addressing and resolving any disparities between ethical
or legally mandated practices required in face-to-face counseling services
versus distance technology counseling services is the ethical duty of the
licensed professional counselor and must be accomplished by the licensee. (See
A.12.d.).
Standard of Practice Eleven
(SP-11) Role Changes in the Counseling Relationship
Licensed professional counselors who seek to modify their
existing counseling roles with a client, the family members of a client, or the
intimate partners of a client must do so only after obtaining formal written
consent from the client. Formal consent must reflect all aspects of A.3. above.
Modifications of existing roles with a client, the family members of a client,
or the intimate partners of a client include (but are not limited to) the
following:
(1) changing from
individual to family/relationship counseling or vice versa,
(2) changing to an evaluative role,
(3) changing to a researcher role,
or
(4) changing to a mediator role.
The wishes of clients who do not consent to such role changes must be respected
by licensed professional counselors and modifications to the original
counseling role are not to be entered. (See A.13).
SECTION B: CONFIDENTIALITY
Standard of Practice Twelve
(SP-12) Confidentiality Requirement
Licensed professional counselors must keep information related
to counseling services confidential unless disclosure is in the best interest
of clients, is required for the welfare of others, or is required by law. When
disclosure is required, only information that is essential is revealed and the
client is informed of such disclosure. (See B.1.a.-f.).
Standard of Practice Thirteen
(SP-13) Confidentiality Requirements for
Subordinates
Licensed professional counselors must take measures to ensure
that privacy and confidentiality of clients are maintained by subordinates.
(See B.1.h.).
Standard of Practice Fourteen
(SP-14) Confidentiality in Group Work
Licensed professional counselors must clearly communicate to
group members that confidentiality cannot be guaranteed in group work. (See
B.2.a.)
Standard of Practice Fifteen
(SP-15) Confidentiality in Family Counseling
Licensed professional counselors must not disclose information
about one family member in counseling to another family member without prior
consent. In instances of family/relationship counseling that features one
member/partner as "the client", licensed professional counselors must secure
written verification of this status as well as all limitations associated with
the status of "the client." (See B.2.b.).
Standard of Practice Sixteen
(SP-16) Confidentiality of Records
Licensed professional counselors must maintain appropriate
confidentiality in creating, storing, accessing, transferring, and disposing of
counseling records. (See B.4.b.).
Standard of Practice Seventeen
(SP-17) Permission to Record or Observe
Licensed professional counselors must obtain prior consent from
clients in order to electronically record or observe sessions. (See
B.4.c.)
Standard of Practice Eighteen
(SP-18) Disclosure or Transfer of Records
Licensed professional counselors must obtain client consent to
disclose or transfer records to third parties, unless exceptions listed in
SP-12 exist. (See B.4.e.).
Standard of Practice Nineteen
(SP-19) Destruction of Client Records
Licensed professional counselors must inform clients at intake
about their policies concerning destruction of client records. When client
records are destroyed, licensed professional counselors must render
confidential information unidentifiable. (See B.4.f. and A.3.a.).
Standard of Practice Twenty
(SP-20) Data Disguise Required
Licensed professional counselors must disguise the identity of
the client when using data for training, research, or publication. (See
B.5.a.).
SECTION C: PROFESSIONAL RESPONSIBILITY
Standard of Practice Twenty-One
(SP-21) Boundaries of Competence
Licensed professional counselors must practice only within the
boundaries of their competence. (See C.2.a.)
Standard of Practice Twenty-Two
(SP-22) Treatment Approaches
Licensed professional counselors must employ techniques,
procedures and modalities that are grounded in an established theoretical,
empirical, or scientific foundation unless such a foundation has not been
established for the specific client needs. When employing techniques,
procedures, and modalities that do not have an established theoretical,
empirical, or scientific foundation, licensed professional counselors must
disclose to clients the experimental nature of such approaches, including
potential risks, and secure informed consent from clients for their
implementation. (See C.2.b. A.1.a., and A.3.a.).
Standard of Practice Twenty-Three
(SP-23) Continuing Education
Licensed professional counselors must engage in continuing
education to maintain their professional competence. (See C.2.g.).
Standard of Practice Twenty-Four
(SP-24) Impairment of Professionals
Licensed professional counselors must refrain from offering
professional services when their personal problems or conflicts may cause harm
to a client or others. (See C.2.h.).
Standard of Practice Twenty-Five
(SP-25) Departure From or Termination of a Practice
Licensed professional counselors who depart from a practice
must act with due diligence to notify active and former clients of their
pending departure from that practice. Licensed professional counselors who are
terminating their practice must act with similar notice and due diligence as
described in this standard. (See C.2.i.).
Standard of Practice Twenty-Six
(SP-26) Custodian of Records
Licensed professional counselors must identify a custodian of
records in their departure from or termination of a practice. (See C.2.i. and
B.4.g.).
Standard of Practice Twenty-Seven
(SP-27) Accurate Advertising
Licensed professional counselors must accurately represent
their credentials and services when advertising. (See C.3.a.).
Standard of Practice Twenty-Eight
(SP-28) Recruiting Through Employment
Licensed professional counselors must not use their place of
employment or institutional affiliation to recruit clients for their private
practices. (See C.3.d.).
Standard of Practice Twenty-Nine
(SP-29) Accurate Representation of Credentials
Licensed professional counselors must claim or imply only
professional credentials possessed and must correct any known
misrepresentations of their credentials by others. (See C.4.a.).
Standard of Practice Thirty
(SP-30) Sexual Harassment
Licensed professional counselors must not engage in sexual
harassment of any type with any person. (See C.5.b.).
Standard of Practice Thirty-One
(SP-31) Exploitation
Licensed professional counselors must not use their
professional positions to seek or receive unjustified personal gains, sexual
favors, unfair advantage, or unearned goods or services. (See C.5.e.).
Standard of Practice Thirty-Two
(SP-32) Clients Served by Others
With the consent of the client, licensed professional
counselors must inform other mental health professionals serving the same
client that a counseling relationship between the counselor and client exists.
(See C.6.c.).
Standard of Practice Thirty-Three
(SP-33) Negative Employment Conditions
Licensed professional counselors must alert their employers to
institutional policy or conditions that may be potentially disruptive or
damaging to the counselor's professional responsibilities, or that may limit
their effectiveness or deny clients' rights. (See D.1.c.).
Standard of Practice Thirty-Four
(SP-34) Personal Selective Assignment
Licensed professional counselors must select competent staff
and must assign responsibilities compatible with staff skills and experiences.
(See D.1.h.)
Standard of Practice Thirty-Five
(SP-35) Exploitative Relationships with Subordinates
Licensed professional counselors must not engage in
exploitative relationships with individuals over whom they have supervisory,
evaluative, or instructional control or authority. (See D.1.k.).
SECTION D: RELATIONSHIP WITH OTHER
PROFESSIONALS
Standard of Practice Thirty-Six
(SP-36) Informed Consent in Consultation
When providing consultation, licensed professional counselors
must review in writing and verbally the rights and responsibilities of both the
consultant and the consultee, including but not limited to, the nature of
services, relevant costs, potential risks and benefits, and the limits of
confidentiality regarding consultation. (See D.2.e.).
Standard of Practice Thirty-Seven
(SP-37) Accepting Fees From Agency Clients
Licensed professional counselors must not accept fees or other
remuneration for consultation with persons entitled to such services through
the counselor's employing agency or institution. (See D.3.a.)
Standard of Practice Thirty-Eight
(SP-38) Referral Fees
Licensed professional counselors must not accept referral fees.
(See D.3.b.).
SECTION E: EVALUATION, ASSESSMENT, AND
INTERPRETATION
Standard of Practice Thirty-Nine
(SP-39) Limits of Competence
Licensed professional counselors must perform only testing and
assessment services for which they are competent. Licensed professional
counselors must not allow the use of psychological assessment techniques by
unqualified persons under their supervision. (See E.2.a.).
Standard of Practice Forty
(SP-40) Appropriate Use of Assessment
Licensed professional counselors must use assessment
instruments in the manner for which they were intended. (See E.2.b.)
Standard of Practice Forty-One
(SP-41) Assessment Explanations to Clients
Licensed professional counselors must provide explanations to
clients prior to assessment about the nature and purposes of assessment and the
specific use of results. (See E.3.a.).
Standard of Practice Forty-Two
(SP-42) Recipients of Test Results
Licensed professional counselors must ensure that accurate and
appropriate interpretations accompany any release of testing and assessment
information. (See E.3.b.).
Standard of Practice Forty-Three
(SP-43) Obsolete Tests and Outdated Test Results
Licensed professional counselors must not base their assessment
or intervention decisions or recommendations on data or test results that are
obsolete or outdated for the current purpose. (See E.11.)
SECTION F: TRAINING AND SUPERVISION
Standard of Practice Forty-Four
(SP-44) Sexual Relationships With Students or
Supervisees
Licensed professional counselors must not engage in sexual
relationships with their students or supervisees. (See F.1.d.).
Standard of Practice Forty-Five
(SP-45) Informed Consent in Supervision
When providing supervision, licensed professional counselors
must review in writing and verbally the rights and responsibilities of both the
supervisor and the supervisee, including but not limited to, the nature of
services, relevant costs, potential risks and benefits, and the limits of
confidentiality regarding supervision. (See F.1.c.).
Standard of Practice Forty-Six
(SP-46) Supervision Preparation
Licensed professional counselors who offer clinical supervision
services must be trained and prepared in supervision methods and techniques.
(See F.1.f.).
Standard of Practice Forty-Seven
(SP-47) Evaluation Information
Licensed professional counselors must clearly state to students
and supervisees in advance of training, the levels of competency expected,
appraisal methods, and timing of evaluations. Licensed professional counselors
must provide students and supervisees with periodic performance appraisal and
evaluation feedback throughout the training program. (See F.1.i.).
SECTION G: RESEARCH AND FINDINGS
Standard of Practice Forty-Eight
(SP-48) Precautions to Avoid Injury in Research
Licensed professional counselors must avoid causing physical,
social, or psychological harm or injury to subjects in research. (See
G.1.c.).
Standard of Practice Forty-Nine
(SP-49) Confidentiality of Research Information
Licensed professional counselors must keep confidential
information obtained about research participants. (See G.2.d.).
Standard of Practice Fifty
(SP-50) Retention and Destruction of Research
Materials
When conducting research, licensed professional counselors must
retain research materials until such time that the materials are no longer
relevant for the original research or an extension of the original research.
Licensed professional counselors must inform research participants at the time
of data collection about their policies concerning destruction of research
materials. When research materials are destroyed, licensed professional
counselors must render confidential information unidentifiable. (See
G.2.j.)
Standard of Practice Fifty-One
(SP-51) Information Affecting Research Outcome
Licensed professional counselors must report all variables and
conditions known to the investigator that may have affected research data or
outcome. (See G.3.a.).
Standard of Practice Fifty-Two
(SP-52) Accurate Research Results
Licensed professional counselors must not distort or
misrepresent research data, nor fabricate or intentionally bias research
results. (See G.3.b.).
SECTION H: RESOLVING ETHICAL ISSUES
Standard of Practice Fifty-Three
(SP-53) Ethical Behavior Expected
Licensed professional counselors must adhere to the
Code of Ethics and Standards of Practice. (See
H.2.a.).
Standard of Practice Fifty-Four
(SP-54) Reporting Suspected Violations
Licensed professional counselors who suspect ethical violations
by other licensees must report the suspected violations to the office of the
Alabama Board of Examiners in Counseling unless this action conflicts with
confidentiality rights or existing legal codes. (See H.2.e.).
Standard of Practice Fifty-Five
(SP-55) Good-Faith Complaints
Licensed professional counselors must not initiate, participate
in, or encourage the filing of ethics complaints that are unwarranted or
intended to harm a mental health professional rather than to protect clients or
the public. (See H.2.f.).
Standard of Practice Fifty-Six
(SP-56) Cooperation With Investigative Committee
Licensed professional counselors must cooperate with
investigations, proceedings, and requirements of the Alabama Board of Examiners
in Counseling and its jurisdiction over those charged with a violation. (See
H.3.)
1Permission provided by the American
Counseling Association to modify and reprint. employment in jobs and
circumstances that are consistent with the clients' overall abilities,
vocational limitations, physical restrictions, general temperament, interest
and aptitude patterns, social skills, education, general qualifications, and
other relevant characteristics and needs. Licensed professional counselors
neither place nor participate in placing clients in positions that will result
in damaging the interest and the welfare of clients, employers, or the
public.
