Introduction to professional ethics

Common themes in Code of Ethics

-Broad and general but offer general guidance -Koocher & Keith Spiegel (2008) noted some similar themes 1. Being interested in and promoting the welfare of consumers/clients 2. Practicing within the scope of one's competence 3. Protecting client's confidentiality and privacy 4. Acting logically and responsibly 5. Avoiding harm and exploitation 6. Upholding the integrity of the profession by striving for aspirational practice 7. Avoiding discrimination in providing services to clients

Eventually a disposition will be reached

-Complaint may be dismissed, -Specific chargers are dismissed, -Or may find ethical std has been violated and impose sanctions (reprimand-remedial action/personal therapy; resign; expelled)

In Malaysia

-Counsellors: Regulated by Board of Counsellors Malaysia -Clinical Psychologists: No regulator bodies yet; To be regulated under Allied Health Act

Ethics codes are necessary but not sufficient, for exercising ethical responsibility

-E.g. codes may conflict with institutional policies & practices -E.g. a practitioner's personal values may conflict with a specific standard within the ethics code

Locate a trusted colleague with whom you can consult

-Ethical decision-making is a complicated procedure, influenced by our perception and can benefit immeasurably by input from others. -If ethical dilemma involves working with a client from a different culture, it is prudent to consult an expert on the culture.

Virtue Ethics

-Focuses on character traits of the counselor and non-obligatory ideals to which professional aspire rather than on solving specific ethical dilemmas -Asks "Am I doing what is best for my client?"

A Suggested Ethical Decision-Making Process

-In the process of making the best ethical decisions, it is also important to INVOLVE YOUR CLIENTS whenever possible. -When we make decisions about a client FOR the client rather than WITH the client, Walden maintains that we rob the client of power in the relationship. -In fact, Walden questions whether it is truly possible to attain the aspirational level of ethical functioning WITHOUT including the client's voice in ethical concerns. -Social constructionist model -Transcultural integrative model •A procedure, adapted from Tymchuk (1981);Haas and Malouf (1989) will be presented here: 1.Determine that the matter to be presented is an ethical one. 2. Identify the potential issues involved. 2. Consult the guidelines already available that might apply to a specific identification and possible mechanism for resolution. Or review the relevant ethics code: •Relevant info may be found in the APA ethics principles or some other code or guideline that represent the moral responsibilities of psychologist performing their professional roles. •Collect all relevant info pertaining to the matter early in the process. 3. Consider as best as possible, all sources that might influence the kind of decision you will make 4. Know the applicable laws and regulations: 5. Locate a trusted colleague with whom you can consult 6. Evaluate the rights, responsibilities, and vulnerabilities of all affected parties ( including , if relevant, an institution and the general public) 7. Generate alternative decision 8. Enumerate the consequences of making each decision 9. Make the decision- choose what appears to be the best course of action: •Rachels (1980) observed that the right decision is backed by the best reasons. •If all the above phases been undertaken conscientiously ( perhaps with help of a consultant), a full informational display should now be available. The best cause of action is sometimes very obvious. •Ideally, information is to be shared by all affected by the decision. 10. Implement the decision:

Transcultural integrative model

Addresses the need for including cultural factors in the process of resolving ethical dilemmas

Know the applicable laws and regulations

-Keep up to the relevant state and federal laws that might apply to ethical dilemmas. -Understand the current rules & regulation of the agency or organization you work. It is important in matters of keeping or breaching confidentiality, reporting child or elder abuse, dealing to issues pertaining to danger to self or others, parental rights, record keeping, assessment, diagnosis, malpractice and licensing statutes

Mandatory Ethics

-Level of ethical functioning wherein counselors comply with minimal standards, acknowledging the basic "musts" and "musts nots" -Example: providing for informed consent in professional relationship -Focus is on behavioral rules

Levels of Ethical Practice

-Mandatory Ethics -Aspirational Ethics

Consider as best as possible, all sources that might influence the kind of decision you will make

-An extremely common reason for poor ethical decisions in the inability to see the situation objectively because of prejudices, set attitudes, or personal needs that distorts the perception of the dilemma. -Personality styles and one's chosen guiding moral principles significantly influence one's ethical decision-making process.

Implement the decision

-At this point the decision-making process comes to a fruition & the psychologist execute the action. -At this point it can also derail; there are evidence psychologist formulate what they should do, using formal ethics codes and legal guidelines, but are more likely to respond to their own values and practicalities when determining what they would actually do (Smith, McGuire, Abbott, & Blau, 1991).

APA Ethics Code General Principles

-Princple A: Beneficence and No maleficence (VIRTUES: compassionate, humane, nonmalevolent, prudent) -Principle B: Fidelity and Respopnsibility (VIRTUES: faithful, dependable and conscientious) -Principle C: Integrity (VIRTUES: honest, reliable and genuine) -Principle D: Justice (VIRTUES: judicious and fair) -Principle E: Respect for People's Rights and Dignity (VIRTUES: respectful and considerate) The virtuous graduate student and seasoned psychologist are committed to lifelong learning & practice in the continued development of moral excellence (Begley, 2006)

Aspirational Ethics

-Refer to the highest professional standards of thinking and conduct to which professional counselors can aspire and seek, and it requires that counselors do more than simply meet the letter of the ethics code -Entails an understanding of the spirit behind the code and the principles on which the code rests -Example: providing services pro bono for those in the community who cannot afford needed services

Ethical Decision Making Key Terms

-Values -Ethics -Morality -Community standards (or MORES) -Reasonableness -Professionalism

Five characteristics of virtuous professionals

-Virtuous agents are motivated to do what is right because they judge it to be right, not just because they feel obligated or fear the consequences. -Virtuous agents rely on vision and discernment, which involve sensitivity, judgment, and understanding that lead to decisive action. -Virtuous agents have compassion and are sensitive to the suffering of others. -Virtuous agents are self-aware. -Virtuous agents are connected with and understand the mores of their community and the importance of community in moral decision making, policy setting, and character development.

Limitations of Codes of Ethics

-Welfel (2016): Not cookbooks for professional behavior! -Ethics codes are necessary but not sufficient, for exercising ethical responsibility 1. Some issues cannot be handled solely by relying on ethics codes. 2. Some codes lack clarity and precision, which makes assessment of an ethical dilemma unclear. 3. Simply learning the ethics codes and practice guidelines will not necessarily make for ethical practice. 4. Conflicts sometimes emerge within ethics codes as well as among various organizations' codes. 5. Practitioners who belong to multiple professional associations, are licensed by their state, and hold national certifications may be responsible to practice within the framework of numerous codes of ethics, yet these codes may not be uniform. 6. Ethics codes tend to be reactive rather than proactive. 7. A practitioner's personal values may conflict with a specific standard within an ethics code. 8. Codes may conflict with institutional policies and practices. 9. Ethics codes need to be understood within a cultural framework; therefore, they must be adapted to specific cultures. 10. Codes may not align with state laws or regulations regarding reporting requirements. 11. Because of the diverse viewpoints within any professional organization, not all members will agree with all elements of an organization's ethics code.

Qs for virtue based ethical decisions

-What emotions & intuition am I aware of as I consider this ethical dilemma, & what are they telling me to do? -What decision would best define who I am as a person and my beliefs? -What are the things I need to consider while making these decisions? -How will my decision affect other relevant individuals in this ethical dilemma? -How can my values best show caring for the client in this situation? -What decision would I feel best about publicizing? -Have I made any decisions I would feel uncomfortable publicizing?

Enumerate the consequences of making each decision

-Whenever relevant, these consequences should include economic, psychological, and social costs: short-term, on-going, and long-term effects; the time and effort necessary to effect each decision, including any resource limitation; any other risks, including the violation of individual rights; and any benefit. -Present any evidence that these consequences/benefit resulting from each decision will actually occur.

Principle Ethics

-is a set of obligations and a method that focuses on moral issues with the goals of (a) solving a particular dilemma or set of dilemmas and (b) establishing a framework to guide future ethical thinking and behavior -asks "Is this situation unethical?" "What shall I do?"

Basic Moral Principles to Guide Decision Making

1. Respecting Autonomy 2. Beneficence: To do good for others and promote the well-being of clients - have positive effect to others 3. Non-maleficence 4. Justice 5. Fidelity 6. Veracity To the list above, Barnett (2008) adds SELF-CARE, which involves taking adequate care of ourselves so that we are able to implement the moral principles and virtues that are fundamental ethical concepts.

Herlihy and Corey (2006a) suggest the codes of ethics have 4 objectives

1. To safeguard the welfare of the clients in their best interest 2. To EDUCATE PROFESSIONALS about sound ethical conduct 3. Standards are a MECHANISM FOR PROFESSIONAL ACCOUNTABILITY - peers and colleagues 4. Catalyst for improving practice - adhering to highest standards The COMMUNITY STANDARD is generally less rigorous than the ethical standard.

Law

Body of rules that govern the affairs of people within a community, state, or country. -defines the minimum standards society will tolerate and is enforced by government

Values

Beliefs and attitudes that provide direction to everyday living

Community standards (or MORES)

Define what is considered reasonable behavior when a case involving malpractice is litigated. They vary on interdisciplinary, theoretical, and geographical bases -What professionals ACTUALLY do -Often become the ultimate LEGAL criteria for determining whether practitioners are liable for damages

Generate alternative decision

Establishing an array of options allows the occasional finding that an option initially less attractive may be the best feasible solution/choice.

Positive ethics

Focuses not only on how professionals can harm clients but on how therapists can do better at helping clients

Professionalism

Has some relationship to ethical behavior, yet it is possible to act unprofessionally and still not act unethically.

Reasonableness

Is the care that is ordinarily exercised by others practicing within that specialty in the professional community

Evaluate the rights, responsibilities and vulnerabilities of all affected parties

It is not unusual to know that a flawed decision resulted from the lack of awareness of a party's right to confidentiality, informed consent, or evaluative feedback.

Morality

Our perspectives of right and proper conduct and involves an evaluation of actions on the basis of some broader cultural context or religious standard

Determine that the matter to be presented is an ethical one.

People differ in their ability to perceive that something they might do, or are doing could directly or indirectly affect the welfare of others (Rest, 1982). It is helpful to locate the general moral or ethical principles applicable to the situation at hand.

Ethics

Pertains to the standards that govern the conduct of its professional members -Pertains to the beliefs we hold about what constitutes right conduct -represents the ideal standards set and is enforced by professional associations -Beliefs we hold about what constitutes right conduct. -It represents aspirational goals, or the maximum or ideal standards set by the prof, & enforceable by prof assoc, national certification boards & govt boards that regulate professions

Pro bono services

Providing professional services for which there is no expectation of significant financial return.

Beneficence

Refers to doing good for others and to promoting the well-being of clients

Law and Ethics

Regulation -The legal and ethical practice of most mental health professionals is regulated in all 50 states. -State licensing laws establish the scope of practice of professionals and how these laws will be enforced by licensing boards -As ethical mental health practitioners, however, we can advocate for social justice both WITH and ON BEHALF of our clients and the communities we serve. -We hope your behavior will not be determined by FEAR-BASED ETHICS. -It is important to foster an attitude of CONCERN-BASED ETHICS early in your training program, striving for the highest level of ethical care for your clients.

Social constructionist model

Shares some aspects with the feminist model but focuses primarily on the social aspects of decision making in counseling.

Professional Monitoring of Practice

The major duties of regulating boards are: -To determine standards for admission into the profession. -To screen applicants applying for certification or licensure. -To regulate the practice of psychotherapy for the public good. -To conduct disciplinary proceedings involving violations of standards of professional conduct as defined by law. When a complaint is lodged against a member, the ethics committee launches an investigation & deliberates on the case Eventually a disposition will be reached

Non-maleficence

To avoid doing harm, which includes refraining from actions that risk hurting clients

Justice

To be fair by giving equally to others and to treat others justly

Veracity

To be truthful and deal honestly with clients. Be considerate, kind and maintain professional boundaries.

Fidelity

To make realistic commitments and keep these promises

Respecting Autonomy

To promote self-determination, or the freedom of clients to be self-governing withing their social and cultural framework. Rights of individuals to decide how to live so long their actions don't harm others

Ethical standard

What professionals SHOULD do

Legal

authorized or based on law