IN
THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA
CIVIL ACTION – LAW
“EXHIBIT
H ”
BENNETT J. VONDERHEIDE :
Plaintiff,
v.
CALVARY CHURCH :
Defendant,
v.
Wendy Flanders
Defendant
v.
Others Listed
Herein As Item 1. COMPLAINT PARTIES
K. Exhibits
H. ACA Code of
Ethics and Standards of Practice
ACA Code of Ethics and
Standards of Practice
ACA Code of Ethics Preamble
The American Counseling Association is an educational, scientific,
and professional organization whose members are dedicated to the enhancement
of human development throughout the life-span. Association members
recognize diversity in our society and embrace a cross- cultural approach
in support of the worth, dignity, potential, and uniqueness of each
individual.
The specification of a
code of ethics 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. As the code of ethics
of the association, this document establishes principles that define
the ethical behavior of association members. All members of the American
Counseling Association are required to adhere to the Code of Ethics
and the Standards of Practice. The Code of Ethics will serve as the
basis for processing ethical complaints initiated against members
of the association.
ACA Code of Ethics (eff.
1995)
Section A: The Counseling Relationship
Section B: Confidentiality
Section C: Professional Responsibility
Section D: Relationships With Other Professionals
Section E: Evaluation, Assessment, and Interpretation
Section F: Teaching, Training, and Supervision
Section G: Research and Publication
Section H: Resolving Ethical Issues
Section A: The Counseling
Relationship
A.1. Client Welfare
Primary Responsibility.
The primary responsibility of counselors is to respect the dignity
and to promote the welfare of clients.
Positive Growth and Development.
Counselors encourage client growth and development in ways that foster
the clients' interest and welfare; counselors avoid fostering dependent
counseling relationships.
Counseling Plans. 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. Counselors
and clients regularly review counseling plans to ensure their continued
viability and effectiveness, respecting clients' freedom of choice.
(See A.3.b.)
Family Involvement. Counselors
recognize that families are usually important in clients' lives and
strive to enlist family understanding and involvement as a positive
resource, when appropriate.
Career and Employment Needs.
Counselors work with their clients in considering 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. 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.
A.2. Respecting Diversity
Nondiscrimination. Counselors
do not condone or engage in discrimination based on age, color, culture,
disability, ethnic group, gender, race, religion, sexual orientation,
marital status, or socioeconomic status. (See C.5.a., C.5.b., and
D.1.i.)
Respecting Differences.
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 or his values and beliefs about the counseling
process. (See E.8. and F.2.i.)
A.3. Client Rights
Disclosure to Clients.
When counseling is initiated, and throughout the counseling process
as necessary, counselors inform clients of the purposes, goals, techniques,
procedures, limitations, potential risks, and benefits of services
to be performed, and other pertinent information. Counselors take
steps to ensure that clients understand the implications of diagnosis,
the intended use of tests and reports, fees, and billing arrangements.
Clients have the right to expect confidentiality and to be provided
with an explanation of its limitations, including supervision and/or
treatment team professionals; to obtain clear information about their
case records; to participate in the ongoing counseling plans; and
to refuse any recommended services and be advised of the consequences
of such refusal. (See E.5.a. and G.2.)
Freedom of Choice. 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.)
Inability to Give Consent.
When counseling minors or persons unable to give voluntary informed
consent, counselors act in these clients' best interests. (See B.3.)
A.4. Clients Served by Others
If a client is receiving
services from another mental health 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
Personal Needs. In the
counseling relationship, 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.
Personal Values. 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
Avoid When Possible. Counselors
are aware of their influential positions with respect to clients,
and they avoid exploiting the trust and dependency of clients. Counselors
make every effort to avoid dual relationships with 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, 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.)
Superior/Subordinate Relationships.
Counselors do not accept as clients superiors or subordinates with
whom they have administrative, supervisory, or evaluative relationships.
A.7. Sexual Intimacies
With Clients
Current Clients. Counselors
do not have any type of sexual intimacies with clients and do not
counsel persons with whom they have had a sexual relationship.
Former Clients. Counselors
do not engage in sexual intimacies with former clients within a minimum
of 2 years after terminating the counseling relationship. Counselors
who engage in such relationship after 2 years following termination
have the responsibility to examine and document thoroughly 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 actions by the counselor suggesting a plan
to initiate a sexual relationship with the client after termination.
A.8. Multiple Clients
When 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
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 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
Screening. 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.
Protecting Clients. In
a group setting, 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.)
Advance Understanding.
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.
(A.11.c.)
Establishing Fees. In establishing
fees for professional counseling services, 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.)
Bartering Discouraged.
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. 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.)
Pro Bono Service. 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 and Referral
Abandonment Prohibited.
Counselors do not abandon or neglect clients in counseling. Counselors
assist in making appropriate arrangements for the continuation of
treatment, when necessary, during interruptions such as vacations,
and following termination.
Inability to Assist Clients.
If counselors determine an inability to be of professional assistance
to clients, they avoid entering or immediately terminate a counseling
relationship. Counselors are knowledgeable about referral resources
and suggest appropriate alternatives. If clients decline the suggested
referral, counselors should discontinue the relationship.
Appropriate Termination.
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. (See A.10.b. and C.2.g.)
A.12. Computer Technology
Use of Computers. When
computer applications are used in counseling services, counselors
ensure that (1) the client is intellectually, emotionally, and physically
capable of using the computer application; (2) the computer application
is appropriate for the needs of the client; (3) the client understands
the purpose and operation of the computer applications; and (4) a
follow-up of client use of a computer application is provided to correct
possible misconceptions, discover inappropriate use, and assess subsequent
needs.
Explanation of Limitations.
Counselors ensure that clients are provided information as a part
of the counseling relationship that adequately explains the limitations
of computer technology.
c. Access to Computer Applications.
Counselors provide for equal access to computer applications in counseling
services. (See A.2.a.)
Section B: Confidentiality
B.1. Right to Privacy
Respect for Privacy. Counselors
respect their clients right to privacy and avoid illegal and unwarranted
disclosures of confidential information. (See A.3.a. and B.6.a.)
Client Waiver. The right
to privacy may be waived by the client or his or her legally recognized
representative.
Exceptions. The general
requirement that 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. Counselors consult with other professionals
when in doubt as to the validity of an exception.
Contagious, Fatal Diseases.
A 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 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.)
Court-Ordered Disclosure.
When court ordered to release confidential information without a client's
permission, 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.)
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.
Explanation of Limitations.
When counseling is initiated and throughout the counseling process
as necessary, counselors inform clients of the limitations of confidentiality
and identify foreseeable situations in which confidentiality must
be breached. (See G.2.a.)
Subordinates. 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.)
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.
B.2. Groups and Families
Group Work. In group work,
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.
Family Counseling. In family
counseling, information about one family member cannot be disclosed
to another member without permission. Counselors protect the privacy
rights of each family member. (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. Counselors act in the best interests of clients and
take measures to safeguard confidentiality. (See A.3.c.)
B.4. Records
Requirement of Records.
Counselors maintain records necessary for rendering professional services
to their clients and as required by laws, regulations, or agency or
institution procedures.
Confidentiality of Records.
Counselors are responsible for securing the safety and confidentiality
of any counseling records they create, maintain, transfer, or destroy
whether the records are written, taped, computerized, or stored in
any other medium. (See B.1.a.)
Permission to Record or
Observe. Counselors obtain permission from clients prior to electronically
recording or observing sessions. (See A.3.a.)
Client Access. 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.)
Disclosure or Transfer.
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.
B.5. Research and Training
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.)
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 to its
presentation or publication. (See G.3.d.)
B.6. Consultation
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.
Cooperating Agencies. Before
sharing information, counselors make efforts to ensure that there
are defined policies in other agencies serving the counselor's clients
that effectively protect the confidentiality of information.
Section C: Professional Responsibility
C.1. Standards Knowledge
Counselors have a responsibility
to read, understand, and follow the Code of Ethics and the Standards
of Practice.
C.2. Professional Competence
Boundaries of Competence.
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.
Counselors will demonstrate a commitment to gain knowledge, personal
awareness, sensitivity, and skills pertinent to working with a diverse
client population.
New Specialty Areas of
Practice. Counselors practice in specialty areas new to them only
after appropriate education, training, and supervised experience.
While developing skills in new specialty areas, counselors take steps
to ensure the competence of their work and to protect others from
possible harm.
Qualified for Employment.
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.
Counselors hire for professional counseling positions only individuals
who are qualified and competent.
Monitor Effectiveness.
Counselors continually monitor their effectiveness as professionals
and take steps to improve when necessary. Counselors in private practice
take reasonable steps to seek out peer supervision to evaluate their
efficacy as counselors.
Ethical Issues Consultation.
Counselors take reasonable steps to consult with other counselors
or related professionals when they have questions regarding their
ethical obligations or professional practice. (See H.1.)
Continuing Education. 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.
Impairment. Counselors
refrain from offering or accepting professional services when their
physical, mental, or emotional problems are likely to harm a client
or others. They are alert to the signs of impairment, seek assistance
for problems, and, if necessary, limit, suspend, or terminate their
professional responsibilities. (See A.11.c.)
C.3. Advertising and Soliciting Clients
Accurate Advertising. There
are no restrictions on advertising by counselors except those that
can be specifically justified to protect the public from deceptive
practices. 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. 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 Postsecondary Accreditation.
Testimonials. 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.
Statements by Others. Counselors
make reasonable efforts to ensure that statements made by others about
them or the profession of counseling are accurate.
Recruiting Through Employment.
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.)
Products and Training Advertisements.
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.
Promoting to Those Served.
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. Counselors may adopt textbooks they have authored
for instruction purposes.
Professional Association
Involvement. Counselors actively participate in local, state, and
national associations that foster the development and improvement
of counseling.
C.4. Credentials
Credentials Claimed. 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, ACA professional membership, or any other credential
that might indicate to the public specialized knowledge or expertise
in counseling.
ACA Professional Membership.
ACA professional members may announce to the public their membership
status. Regular members may not announce their ACA membership in a
manner that might imply they are credentialed counselors.
Credential Guidelines.
Counselors follow the guidelines for use of credentials that have
been established by the entities that issue the credentials.
Misrepresentation of Credentials.
Counselors do not attribute more to their credentials than the credentials
represent, and do not imply that other counselors are not qualified
because they do not possess certain credentials.
Doctoral Degrees From Other
Fields. 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
Nondiscrimination. 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, race, religion, sexual orientation,
or socioeconomic status, or for any other reason. (See A.2.a.)
Sexual Harassment. 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 workplace environment, and 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.
Reports to Third Parties.
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. (See B.1.g.)
Media Presentations. When
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 the 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.)
Unjustified Gains. 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
Different Approaches. Counselors
are respectful of approaches to professional counseling that differ
from their own. Counselors know and take into account the traditions
and practices of other professional groups with which they work.
Personal Public Statements.
When making personal statements in a public context, 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.)
Clients Served by Others.
When 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
Role Definition. Counselors
define and describe for their employers and employees the parameters
and levels of their professional roles.
Agreements. 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, work
load, and accountability. Working agreements in each instance are
specified and made known to those concerned.
Negative Conditions. Counselors
alert their employers to conditions that may be potentially disruptive
or damaging to the counselor's professional responsibilities or that
may limit their effectiveness.
Evaluation. Counselors
submit regularly to professional review and evaluation by their supervisor
or the appropriate representative of the employer.
In-Service. Counselors
are responsible for in-service development of self and staff.
Goals. Counselors inform
their staff of goals and programs.
Practices. Counselors provide
personnel and agency practices that respect and enhance the rights
and welfare of each employee and recipient of agency services. Counselors
strive to maintain the highest levels of professional services.
Personnel Selection and
Assignment. Counselors select competent staff and assign responsibilities
compatible with their skills and experiences.
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, race,
religion, sexual orientation, or socioeconomic status) in hiring,
promotion, or training. (See A.2.a. and C.5.b.)
Professional Conduct. Counselors
have a responsibility both to clients and to the agency or institution
within which services are performed to maintain high standards of
professional conduct.
Exploitative Relationships.
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 counselors are in agreement with its general
policies and principles. 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.
Employer Policies. The
acceptance of employment in an agency or institution implies that
counselors are in agreement with its general policies and principles.
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.)
Consultation as an Option.
Counselors may choose to consult with any other professionally competent
persons about their clients. In choosing consultants, counselors avoid
placing the consultant in a conflict of interest situation that would
preclude the consultant being a proper party to the counselor's efforts
to help the client. Should counselors be engaged in a work setting
that compromises this consultation standard, they consult with other
professionals whenever possible to consider justifiable alternatives.
Consultant Competency.
Counselors are reasonably certain that they have or the organization
represented has the necessary competencies and resources for giving
the kind of consulting services needed and that appropriate referral
resources are available.
Understanding With Clients.
When providing consultation, 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 consulting relationship is one in which client adaptability
and growth toward self-direction are consistently encouraged and cultivated.
(See A.1.b.)
Consultant Goals. The consulting
relationship is one in which client adaptability and growth toward
self-direction are consistently encouraged and cultivated. (See A.1.b)
D.3. Fees for Referral
Accepting Fees From Agency
Clients. Counselors refuse a private fee or other remuneration for
rendering services to persons who are entitled to such services through
the 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.)
Referral Fees. Counselors
do not accept a referral fee from other professionals.
D.4. Subcontractor Arrangements
When 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 counselors in providing counseling services
to clients. The limits of such confidentiality ordinarily are discussed
as part of the intake session. (See B.1.e. and B.1.f.)
Section E: Evaluation, Assessment, and Interpretation
E.1. General
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. 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.
Client Welfare. 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
Limits of Competence. 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.
Counselors using computer-based test interpretations are trained in
the construct being measured and the specific instrument being used
prior to using this type of computer application. Counselors take
reasonable measures to ensure the proper use of psychological assessment
techniques by persons under their supervision.
Appropriate Use. Counselors
are responsible for the appropriate application, scoring, interpretation,
and use of assessment instruments, whether they score and interpret
such tests themselves or use computerized or other services.
Decisions Based on Results.
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.
Accurate Information. 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
Explanation to Clients.
Prior to assessment, 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 counselors, by assistants, or by computer or other outside services,
counselors take reasonable steps to ensure that appropriate explanations
are given to the client.
Recipients of Results.
The examinee's welfare, explicit understanding, and prior agreement
determine the recipients of test results. 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
Misuse of Results. 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.)
Release of Raw Data. 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 counselors
as competent to interpret the data. (See B.1.a.)
E.5. Proper Diagnosis of Mental Disorders
Proper Diagnosis. 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.)
Cultural Sensitivity. 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
Appropriateness of Instruments.
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.
Culturally Diverse Populations.
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
Administration Conditions.
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.
Computer Administration.
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.)
Unsupervised Test Taking.
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.
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
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, race, religion,
sexual orientation, and socioeconomic status on test administration
and interpretation and place test results in proper perspective with
other relevant factors. (See A.2.a.)
E.9. Test Scoring and Interpretation
Reporting Reservations.
In reporting assessment results, 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.
Research Instruments. 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.
Testing Services. 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
Counselors maintain the
integrity and security of tests and other assessment techniques consistent
with legal and contractual obligations. Counselors do not appropriate,
reproduce, or modify published tests or parts thereof without acknowledgment
and permission from the publisher.
E.11. Obsolete Tests and
Outdated Test Results
Counselors do not use data
or test results that are obsolete or outdated for the current purpose.
Counselors make every effort to prevent the misuse of obsolete measures
and test data by others.
E.12. Test Construction
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: Teaching, Training, and Supervision
F.1. Counselor Educators
and Trainers
Educators as Teachers and
Practitioners. Counselors who are responsible for developing, implementing,
and supervising educational programs are skilled as teachers and practitioners.
They are knowledgeable regarding the ethical, legal, and regulatory
aspects of the profession, are skilled in applying that knowledge,
and make students and supervisees aware of their responsibilities.
Counselors conduct counselor education and training programs in an
ethical manner and serve as role models for professional behavior.
Counselor educators should make an effort to infuse material related
to human diversity into all courses and/or workshops that are designed
to promote the development of professional counselors.
Relationship Boundaries
With Students and Supervisees. 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. Counselors explain to students and supervisees
the potential for the relationship to become exploitive.
Sexual Relationships. 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)
Contributions to Research.
Counselors give credit to students or supervisees for their contributions
to research and scholarly projects. Credit is given through coauthorship,
acknowledgment, footnote statement, or other appropriate means, in
accordance with such contributions. (See G.4.b. and G.4.c.)
Close Relatives. Counselors
do not accept close relatives as students or supervisees.
Supervision Preparation.
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.
Responsibility for Services
to Clients. Counselors who supervise the counseling services of others
take reasonable measures to ensure that counseling services provided
to clients are professional.
Endorsement. 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.
Counselors take reasonable steps to assist students or supervisees
who are not qualified for endorsement to become qualified.
F.2. Counselor Education
and Training Programs
Orientation. Prior to admission,
counselors orient prospective students to the counselor education
or training program's expectations, including but not limited to the
following: (1) the type and level of skill acquisition required for
successful completion of the training, (2) subject matter to be covered,
(3) basis for evaluation, (4) training components that encourage self-growth
or self-disclosure as part of the training process, (5) the type of
supervision settings and requirements of the sites for required clinical
field experiences, (6) student and supervisee evaluation and dismissal
policies and procedures, and (7) up-to-date employment prospects for
graduates.
Integration of Study and
Practice. Counselors establish counselor education and training programs
that integrate academic study and supervised practice.
Evaluation. Counselors
clearly state to students and supervisees, in advance of training,
the levels of competency expected, appraisal methods, and timing of
evaluations for both didactic and experiential components. Counselors
provide students and supervisees with periodic performance appraisal
and evaluation feedback throughout the training program.
Teaching Ethics. Counselors
make students and supervisees aware of the ethical responsibilities
and standards of the profession and the students' and supervisees'
ethical responsibilities to the profession. (See C.1. and F.3.e.)
Peer Relationships. When
students or supervisees are assigned to lead counseling groups or
provide clinical supervision for their peers, counselors take steps
to ensure that students and supervisees placed in these roles do not
have personal or adverse relationships with peers and that they understand
they have the same ethical obligations as counselor educators, trainers,
and supervisors. Counselors make every effort to ensure that the rights
of peers are not compromised when students or supervisees are assigned
to lead counseling groups or provide clinical supervision.
Varied Theoretical Positions.
Counselors present varied theoretical positions so that students and
supervisees may make comparisons and have opportunities to develop
their own positions. Counselors provide information concerning the
scientific bases of professional practice. (See C.6.a.)
Field Placements. Counselors
develop clear policies within their training program regarding field
placement and other clinical experiences. Counselors provide clearly
stated roles and responsibilities for the student or supervisee, the
site supervisor, and the program supervisor. They confirm that site
supervisors are qualified to provide supervision and are informed
of their professional and ethical responsibilities in this role.
Dual Relationships as Supervisors.
Counselors avoid dual relationships such as performing the role of
site supervisor and training program supervisor in the student's or
supervisee's training program. Counselors do not accept any form of
professional services, fees, commissions, reimbursement, or remuneration
from a site for student or supervisee placement.
Diversity in Programs.
Counselors are responsive to their institution's and program's recruitment
and retention needs for training program administrators, faculty,
and students with diverse backgrounds and special needs. (See A.2.a.)
F.3. Students and Supervisees
Limitations. Counselors,
through ongoing evaluation and appraisal, are aware of the academic
and personal limitations of students and supervisees that might impede
performance. Counselors assist students and supervisees in securing
remedial assistance when needed, and dismiss from the training program
supervisees who are unable to provide competent service due to academic
or personal limitations. Counselors seek professional consultation
and document their decision to dismiss or refer students or supervisees
for assistance. Counselors ensure that students and supervisees have
recourse to address decisions made to require them to seek assistance
or to dismiss them.
Self-Growth Experiences.
Counselors use professional judgment when designing training experiences
conducted by the counselors themselves that require student and supervisee
self-growth or self-disclosure. Safeguards are provided so that students
and supervisees are aware of the ramifications their self-disclosure
may have on counselors whose primary role as teacher, trainer, or
supervisor requires acting on ethical obligations to the profession.
Evaluative components of experiential training experiences explicitly
delineate predetermined academic standards that are separate and do
not depend on the student's level of self-disclosure. (See A.6.)
Counseling for Students
and Supervisees. If students or supervisees request counseling, supervisors
or counselor educators provide them with acceptable referrals. 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.)
Clients of Students and
Supervisees. Counselors make every effort to ensure that the clients
at field placements 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 process. (See B.1.e.)
Standards for Students
and Supervisees. Students and supervisees preparing to become counselors
adhere to the Code of Ethics and the Standards of Practice. Students
and supervisees have the same obligations to clients as those required
of counselors. (See H.1.)
Section G: Research and Publication
G.1. Research Responsibilities
Use of Human Subjects.
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. Counselors design and conduct research
that reflects cultural sensitivity appropriateness.
Deviation From Standard
Practices. 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.)
Precautions to Avoid Injury.
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.
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.
Minimal Interference. Counselors
take reasonable precautions to avoid causing disruptions in subjects'
lives due to participation in research. f. Diversity. 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
Topics Disclosed. In obtaining
informed consent for research, 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;
(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.)
Deception. 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.
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.
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. (See B.1.e.)
Persons Incapable of Giving
Informed Consent. When a person is incapable of giving informed consent,
counselors provide an appropriate explanation, obtain agreement for
participation, and obtain appropriate consent from a legally authorized
person.
Commitments to Participants.
Counselors take reasonable measures to honor all commitments to research
participants.
Explanations After Data
Collection. After data are collected, counselors provide participants
with full clarification of the nature of the study to remove any misconceptions.
Where scientific or human values justify delaying or withholding information,
counselors take reasonable measures to avoid causing harm.
Agreements to Cooperate.
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.
Informed Consent for Sponsors.
In the pursuit of research, counselors give sponsors, institutions,
and publication channels the same respect and opportunity for giving
informed consent that they accord to individual research participants.
Counselors are aware of their obligation to future research workers
and ensure that host institutions are given feedback information and
proper acknowledgment.
G.3. Reporting Results
Information Affecting Outcome.
When reporting research results, 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.
Accurate Results. 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. Counselors do not engage in fraudulent research, distort
data, misrepresent data, or deliberately bias their results.
Obligation to Report Unfavorable
Results. 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.
Identity of Subjects. 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.)
Replication Studies. Counselors
are obligated to make available sufficient original research data
to qualified professionals who may wish to replicate the study.
G.4. Publication
Recognition of Others.
When conducting and reporting research, counselors are familiar with
and give recognition to previous work on the topic, observe copyright
laws, and give full credit to those to whom credit is due. (See F.1.d.
and G.4.c.)
Contributors. Counselors
give credit through joint authorship, acknowledgment, footnote statements,
or other appropriate means to those who have contributed significantly
to research or concept development in accordance with such contributions.
The principal contributor is listed first and minor technical or professional
contributions are acknowledged in notes or introductory statements.
Student Research. For an
article that is substantially based on a student's dissertation or
thesis, the student is listed as the principal author. (See F.1.d.
and G.4.a.)
Duplicate Submission. Counselors
submit manuscripts for consideration to only one journal at a time.
Manuscripts that are published in whole or in substantial part in
another journal or published work are not submitted for publication
without acknowledgment and permission from the previous publication.
Professional Review. Counselors
who review material submitted for publication, research, or other
scholarly purposes respect the confidentiality and proprietary rights
of those who submitted it.
Section H: Resolving Ethical Issues
H.1. Knowledge of Standards
Counselors are familiar
with the Code of Ethics and the Standards of Practice and other applicable
ethics codes from other professional organizations of which they are
member, 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. (See F.3.e.)
H.2. Suspected Violations
Ethical Behavior Expected.
Counselors expect professional associates to adhere to the Code of
Ethics. When counselors possess reasonable cause that raises doubts
as to whether a counselor is acting in an ethical manner, they take
appropriate action. (See H.2.d. and H.2.e.)
Consultation. When uncertain
as to whether a particular situation or course of action may be in
violation of the Code of Ethics, counselors consult with other counselors
who are knowledgeable about ethics, with colleagues, or with appropriate
authorities.
Organization Conflicts.
If the demands of an organization with which counselors are affiliated
pose a conflict with the Code of Ethics, counselors specify the nature
of such conflicts and express to their supervisors or other responsible
officials their commitment to the Code of Ethics. When possible, counselors
work toward change within the organization to allow full adherence
to the Code of Ethics.
Informal Resolution. When
counselors have reasonable cause to believe that another counselor
is violating an ethical standard, they attempt to first resolve the
issue informally with the other counselor if feasible, providing that
such action does not violate confidentiality rights that may be involved.
Reporting Suspected Violations.
When an informal resolution is not appropriate or feasible, counselors,
upon reasonable cause, take action such as reporting the suspected
ethical violation to state or national ethics committees, unless this
action conflicts with confidentiality rights that cannot be resolved.
Unwarranted Complaints.
Counselors do not initiate, participate in, or encourage the filing
of ethics complaints that are unwarranted or intend to harm a counselor
rather than to protect clients or the public.
H.3. Cooperation With Ethics Committees
Counselors assist in the
process of enforcing the Code of Ethics. Counselors cooperate with
investigations, proceedings, and requirements of the ACA Ethics Committee
or ethics committees of other duly constituted associations or boards
having jurisdiction over those charged with a violation. Counselors
are familiar with the ACA Policies and Procedures and use it as a
reference in assisting the enforcement of the Code of Ethics.
ACA Standards of Practice
All members of the American Counseling Association (ACA) 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. Members should refer to the applicable section of
the Code of Ethics for further interpretation and amplification of
the applicable Standard of Practice.
Section A: The Counseling
Relationship
Section B: Confidentiality
Section C: Professional Responsibility
Section D: Relationship With Other Professionals
Section E: Evaluation, Assessment and Interpretation
Section F: Teaching, Training, and Supervision
Section G: Research and Publication
Section H: Resolving Ethical Issues
Section A: The Counseling
Relationship
Standard of Practice One
(SP-1):
Nondiscrimination. Counselors respect diversity and must not discriminate
against clients because of age, color, culture, disability, ethnic
group, gender, race, religion, sexual orientation, marital status,
or socioeconomic status. (See A.2.a.)
Standard of Practice Two
(SP-2):
Disclosure to Clients. Counselors must adequately inform clients,
preferably 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 Three
(SP-3):
Dual Relationships. Counselors must make every effort to avoid dual
relationships with clients that could impair their professional judgment
or increase the risk of harm to clients. When a dual relationship
cannot be avoided, 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 Four
(SP-4):
Sexual Intimacies With Clients. Counselors must not engage in any
type of sexual intimacies with current clients and must not engage
in sexual intimacies with former clients within a minimum of 2 years
after terminating the counseling relationship. Counselors who engage
in such relationship after 2 years following termination have the
responsibility to examine and document thoroughly that such relations
did not have an exploitative nature.
Standard of Practice Five
(SP-5):
Protecting Clients During Group Work. Counselors must take steps to
protect clients from physical or psychological trauma resulting from
interactions during group work. (See A.9.b.)
Standard of Practice Six
(SP-6):
Advance Understanding of Fees. Counselors must explain to clients,
prior to their entering the counseling relationship, financial arrangements
related to professional services. (See A.10. a.-d. and A.11.c.)
Standard of Practice Seven
(SP-7):
Termination. Counselors must assist in making appropriate arrangements
for the continuation of treatment of clients, when necessary, following
termination of counseling relationships. (See A.11.a.)
Standard of Practice Eight
(SP-8):
Inability to Assist Clients. Counselors must avoid entering or immediately
terminate a counseling relationship if it is determined that they
are unable to be of professional assistance to a client. The counselor
may assist in making an appropriate referral for the client. (See
A.11.b.)
Section B: Confidentiality
Standard of Practice Nine
(SP-9):
Confidentiality Requirement. 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 Ten
(SP-10):
Confidentiality Requirements for Subordinates. Counselors must take
measures to ensure that privacy and confidentiality of clients are
maintained by subordinates. (See B.1.h.)
Standard of Practice Eleven
(SP-11):
Confidentiality in Group Work. Counselors must clearly communicate
to group members that confidentiality cannot be guaranteed in group
work. (See B.2.a.)
Standard of Practice Twelve
(SP-12):
Confidentiality in Family Counseling. Counselors must not disclose
information about one family member in counseling to another family
member without prior consent. (See B.2.b.)
Standard of Practice Thirteen
(SP-13):
Confidentiality of Records. Counselors must maintain appropriate confidentiality
in creating, storing, accessing, transferring, and disposing of counseling
records. (See B.4.b.)
Standard of Practice Fourteen
(SP-14):
Permission to Record or Observe. Counselors must obtain prior consent
from clients in order to record electronically or observe sessions.
(See B.4.c.)
Standard of Practice Fifteen
(SP-15):
Disclosure or Transfer of Records. Counselors must obtain client consent
to disclose or transfer records to third parties, unless exceptions
listed in SP-9 exist. (See B.4.e.)
Standard of Practice Sixteen
(SP-16):
Data Disguise Required. 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 Seventeen
(SP-17):
Boundaries of Competence. Counselors must practice only within the
boundaries of their competence. (See C.2.a.)
Standard of Practice Eighteen
(SP-18):
Continuing Education. Counselors must engage in continuing education
to maintain their professional competence. (See C.2.f.)
Standard of Practice Nineteen
(SP-19):
Impairment of Professionals. Counselors must refrain from offering
professional services when their personal problems or conflicts may
cause harm to a client or others. (See C.2.g.)
Standard of Practice Twenty
(SP-20):
Accurate Advertising. Counselors must accurately represent their credentials
and services when advertising. (See C.3.a.)
Standard of Practice Twenty-One
(SP-21):
Recruiting Through Employment. 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-Two
(SP-22):
Credentials Claimed. 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 Twenty-Three
(SP-23):
Sexual Harassment. Counselors must not engage in sexual harassment.
(See C.5.b.)
Standard of Practice Twenty-Four
(SP-24):
Unjustified Gains. 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 Twenty-Five
(SP-25):
Clients Served by Others. With the consent of the client, 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 Twenty-Six
(SP-26):
Negative Employment Conditions. 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 Twenty-Seven
(SP-27):
Personnel Selection and Assignment. Counselors must select competent
staff and must assign responsibilities compatible with staff skills
and experiences. (See D.1.h.)
Standard of Practice Twenty-Eight
(SP-28):
Exploitative Relationships With Subordinates. 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 Twenty-Nine
(SP-29):
Accepting Fees From Agency Clients. 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
(SP-30):
Referral Fees. Counselors must not accept referral fees. (See D.3.b.)
Section E: Evaluation,
Assesment and Interpretation
Standard of Practice Thirty-One
(SP-31):
Limits of Competence. Counselors must perform only testing and assessment
services for which they are competent. Counselors must not allow the
use of psychological assessment techniques by unqualified persons
under their supervision. (See E.2.a.)
Standard of Practice Thirty-Two
(SP-32):
Appropriate Use of Assessment Instruments. Counselors must use assessment
instruments in the manner for which they were intended. (See E.2.b.)
Standard of Practice Thirty-Three
(SP-33):
Assessment Explanations to Clients. Counselors must provide explanations
to clients prior to assessment about the nature and purposes of assessment
and the specific uses of results. (See E.3.a.)
Standard of Practice Thirty-Four
(SP-34):
Recipients of Test Results. Counselors must ensure that accurate and
appropriate interpretations accompany any release of testing and assessment
information. (See E.3.b.)
Standard of Practice Thirty-Five
(SP-35):
Obsolete Tests and Outdated Test Results. 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: Teaching, Training,
and Supervision
Standard of Practice Thirty-Six
(SP-36):
Sexual Relationships With Students or Supervisees. Counselors must
not engage in sexual relationships with their students and supervisees.
(See F.1.c.)
Standard of Practice Thirty-Seven
(SP-37):
Credit for Contributions to Research. Counselors must give credit
to students or supervisees for their contributions to research and
scholarly projects. (See F.1.d.)
Standard of Practice Thirty-Eight
(SP-38):
Supervision Preparation. Counselors who offer clinical supervision
services must be trained and prepared in supervision methods and techniques.
(See F.1.f.)
Standard of Practice Thirty-Nine
(SP-39):
Evaluation Information. Counselors must clearly state to students
and supervisees in advance of training the levels of competency expected,
appraisal methods, and timing of evaluations. Counselors must provide
students and supervisees with periodic performance appraisal and evaluation
feedback throughout the training program. (See F.2.c.)
Standard of Practice Forty
(SP-40):
Peer Relationships in Training. Counselors must make every effort
to ensure that the rights of peers are not violated when students
and supervisees are assigned to lead counseling groups or provide
clinical supervision. (See F.2.e.)
Standard of Practice Forty-One
(SP-41):
Limitations of Students and Supervisees. Counselors must assist students
and supervisees in securing remedial assistance, when needed, and
must dismiss from the training program students and supervisees who
are unable to provide competent service due to academic or personal
limitations. (See F.3.a.)
Standard of Practice Forty-Two
(SP-42):
Self-Growth Experiences. Counselors who conduct experiences for students
or supervisees that include self-growth or self-disclosure must inform
participants of counselors' ethical obligations to the profession
and must not grade participants based on their nonacademic performance.
(See F.3.b.)
Standard of Practice Forty-Three
(SP-43):
Standards for Students and Supervisees. Students and supervisees preparing
to become counselors must adhere to the Code of Ethics and the Standards
of Practice of counselors. (See F.3.e.)
Section G: Research and
Publication
Standard of Practice Forty-Four
(SP-44):
Precautions to Avoid Injury in Research. Counselors must avoid causing
physical, social, or psychological harm or injury to subjects in research.
(See G.1.c.)
Standard of Practice Forty-Five
(SP-45):
Confidentiality of Research Information. Counselors must keep confidential
information obtained about research participants. (See G.2.d.)
Standard of Practice Forty-Six
(SP-46):
Information Affecting Research Outcome. Counselors must report all
variables and conditions known to the investigator that may have affected
research data or outcomes. (See G.3.a.)
Standard of Practice Forty-Seven
(SP-47):
Accurate Research Results. Counselors must not distort or misrepresent
research data, nor fabricate or intentionally bias research results.
(See G.3.b.)
Standard of Practice Forty-Eight
(SP-48):
Publication Contributors. Counselors must give appropriate credit
to those who have contributed to research. (See G.4.a. and G.4.b.)
Section H: Resolving Ethical
Issues
Standard of Practice Forty-Nine
(SP-49):
Ethical Behavior Expected. Counselors must take appropriate action
when they possess reasonable cause that raises doubts as to whether
counselors or other mental health professionals are acting in an ethical
manner. (See H.2.a.)
Standard of Practice Fifty
(SP-50):
Unwarranted Complaints. 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-One
(SP-51):
Cooperation With Ethics Committees. Counselors must cooperate with
investigations, proceedings, and requirements of the ACA Ethics Committee
or ethics committees of other duly constituted associations or boards
having jurisdiction over those charged with a violation. (See H.3.)
References
The following documents are available to counselors as resources to
guide them in their practices. These resources are not a part of the
Code of Ethics and the Standards of Practice.
American Association for
Counseling and Development/Association for Measurement and Evaluation
in Counseling and Development. (1989). The responsibilities of users
of standardized tests (rev.). Washington, DC: Author.
American Counseling Association.
(1995) (Note: This is ACA's previous edition of its ethics code).
Ethical standards. Alexandria, VA: Author.
American Psychological
Association. (1985). Standards for educational and psychological testing
(rev.). Washington, DC: Author.
Joint Committee on Testing
Practices. (1988). Code of fair testing practices in education. Washington,
DC: Author.
National Board for Certified
Counselors. (1989). National Board for Certified Counselors code of
ethics. Alexandria, VA: Author.
Prediger, D. J. (Ed.).
(1993, March). Multicultural assessment standards. Alexandria, VA:
Association for Assessment in Counseling.
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Questions about the ACA Code of Ethics and Standards of Practice?
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Code of Ethics for Related
Organizations:
ASCA: American School Counselor
Association
Ethical Standards for School Counselors
American Rehabilitation
Counseling Association
Code of Ethics
ASGW: Association for Specialists
in Group Work
Group Work Best Practice Guidelines
IAMFC: International Association
of Marriage and Family Counselors
IAMFC Ethical Code
National Board for Certified
Counselors
K.
Exhibits