Ethics in a Technological World By Dr. Jenny Hollander, LPC, LAC, LMFT Hollander Counseling & Consulting Ethics How do you define ethics? Why do we have them? 1
Codes of Conduct Used to set parameters for professional behavior Don t necessarily tell us how to manage an ethical dilemma- we use the codes as a guide May not change as quickly as the profession changes for the practitioner- Codes are developed based on need Things are changing Things are rapidly changing in the profession (electronics, social media, electronic record keeping) What should we do when the world changes faster than the Code? 2
Where to start? The current Code of Ethics for LACs does not include an area related to social media. If your code doesn t include an area, look to a similar code for direction. NAADAC Code www.naadac.org/code-of-ethics The NAADAC updated the Code of Ethics in 2016 to include information related to electronic issues for substance abuse counselors. 3
Examples You work for an agency and there is no policy regarding social media. A client comes in laughing about a post one of your colleagues made on Facebook and says they enjoy seeing the pictures posted. What should you do? Problems? How have things changed with the inclusion of technology in counseling? What are some of the problems associated with social media? How could this lead to additional dilemmas with the client? 4
NAADAC Code What does the NAADAC Code state? Addiction Professionals shall not accept clients friend requests on social networking sites or email (from Facebook, My Space, etc.), and shall immediately delete all personal and email accounts to which they have granted client access and create new accounts. When Providers choose to maintain a professional and personal presence for social media use, separate professional and personal web pages and profiles are created that clearly distinguish between the professional and personal virtual presence. 5
What does that mean? Prevention at the beginning of the relationship. Boundaries regarding the professional relationship. Choosing space for your personal self and your professional self if you decide to do so. Ideas? After reviewing the NAADAC Code, what are your ideas about how to approach your colleague? 6
Additional guidelines from NAADAC Addiction Professionals shall clearly explain to their clients/supervisees, as part of informed consent, the benefits, inherent risks including lack of confidentiality, and necessary boundaries surrounding the use of social media. Providers shall clearly Guidelines continued explain their policies and procedures specific to the use of social media in a clinical relationship. Providers shall respect the client s/supervisee s rights to privacy on social media and shall not investigate the client/supervisee without prior consent. 7
Reasons for regulations Protection of the client Privacy issues Maintaining a professional boundary Setting an example for the client Example You run an evening group and find that clients are initiating friendships with one another. A group member confides in you that another client posted information on their Facebook page about her that has caused her concern. How do you proceed? 8
Opportunities for learning Issues that clients face with social media may also present learning opportunities. For example, teaching boundaries with technology can be helpful. Learning new ways to practice healthy behaviors can be beneficial. Accessibility of Recording What about clients recording conversations? How do you feel about listening to things your clients have recorded? What about clients recording therapy sessions? 9
Record keeping Discusses that records should be maintained and the length of time, but doesn t address how to proceed with our example. What if you receive information in a text or by voicemail? What about contact by e-mail? Do you document every message you receive? Electronic or paper? Potential problems Electronic records fees for the database, maintaining the database, hacking, documentation being immediate Paper records- lack of immediate access at times, housing the records, destroying records after 6-7 years 10
www.lpcboard.org Privileged Communications with Clients A. The confidential relations and communications between a licensed professional counselor and client are placed upon the same basis as those provided by statute betweenan attorney and client. Nothing in these rules shall be construed to require that any such privileged communication be disclosed. 11
www.labswe.org Client Confidentiality A. Written Informed Consent. A social worker shall protect all information provided by or obtained about a client. Client information includes the social worker's personal knowledge of the client and client records, written or electronic. www.lpcboard.org LMFT Code 4707. Confidentiality A. Licensed marriage and family therapists have unique confidentiality concerns because the client in a therapeutic relationship may be more than one person. Therapists respect and guard the confidences of each individual client. 12
LMFT Code Continued E. Licensed marriage and family therapists store, safeguard, and dispose of client records in ways that maintain confidentiality and in accord with applicable laws and professional standards. LMFT Practice How may the situation be different when a counselor is working with a family versus an individual? 13
Example You are seeing a couple struggling with alcohol use and they agree in session to set the boundary that they will no longer Facebook due to the problems they have experienced connecting with other alcohol users. The wife tells you that she is secretly maintaining her page for family. What should you do? Informing the client What can we do to assist with clients understanding their rights and potential limitations in the electronic age? How do you manage the potential for the client to access YOUR information? (Facebook, dating websites) 14
Additional examples What are some of the concerns you have faced? What do you if you have a concern? Seek peer consultation Discuss the issue with a supervisor Call an outside consultant Call your national or state board with questions 15
Thank you for attending! 16