ACA vs. NASW vs. AAMFT

ACA vs. NASW vs. AAMFT Code of Ethics

Duty to Warn

Dual Relationships

AAMFT

• They must assess risks involved to the client, the potential victim, and to themselves for breaking confidentiality

• Marriage and family therapists do not engage in sexual or other forms of harassment of clients, students, trainees, supervisees, employees, colleagues, or research subjects.

ECHD 6010

Freedom Asihel

Kate Banciu

Lisbeth Cruz

Gigi Espaillat

Meagan Narvaez

NASW

ACA

• Therapists disclose to clients the limits of confidentiality
• Can have either consent or sound legal or ethical justification
• Warn others if immediate danger is present

ACA

NASW

• Required by law to report if the client has abused a child or has threatened to harm self or others.
• Confidentiality does not apply when disclosure is necessary to prevent serious, foreseeable, and imminent harm to the client or other identifiable person

• Sexual or romantic interactions or relationships with current supervisees are prohibited.

• Can disclose information to a third party if the client has a contagious, life-threatening disease that can be spread to the third party

• Social workers who function as supervisors or educators should not engage in sexual activities or contact with supervisees, or other colleagues over whom they exercise professional authority.
• They should avoid engaging in sexual relationships with colleagues when there is potential for a conflict of interest.

Confidentiality

Practice Settings

Client Relationships

AAMFT

Standard VI – Technology Assisted Professional Services

• Must have appropriate education, training, or supervised experience using the relevant technology
• Therapists are to advise clients and supervisors in writing of the risks, responsibilities, limitations and protections of using technology during the sessions.

• Standard II
• Disclosing Limits of Confidentiality
• Written Authorization to Release Client Information
• Client Access to Records
• Confidentiality in Non-Clinical Activities
• Protection of Records
• Preparation for Practice Changes
• Confidentiality in Consultations

• Must follow all applicable laws regarding location of practice and services
• Must consider professional, intellectual, emotional, and physical needs when applying technological applications
• Must ensure the security of their communication medium

Common Concerns

• Sexual intimacy with former clients or with known members of the client’s family system is prohibited.

ACA

NASW

ACA

NASW

• Sexual and/or romantic counselor–client interactions or relationships with current clients, their romantic partners, or their family members are prohibited.

• Disclose to client the nature of confidentiality and limitations
• Obtain written consent or authorization before disclosure
• Take all measures to properly store and safeguard clients' records
• Clients personal Identification should never be disclosed

• Informed Consent
• Confidentiality

Section H - Distance Counseling, Technology, and Social Media

• Counselor must follow up with clients to correct possible misconceptions, discover appropriate use, and assess subsequent steps.
• When distance counseling services are ineffective, counselors consider delivering services face-to-face.
• Counselors must take steps to verify the client’s identity at the beginning and throughout the session.
• Counselors consider and educate the client on the differences between face-to-face and electronic communication(nonverbal and verbal cues) and how these may affect the counseling process.

• Sexual/romantic relationships with former clients prohibited for 5 years following last professional contact

Administration 3.07

• Administrators should take steps to ensure working environment complies w/ NASW code of ethics

Privacy and Confidentiality 1.07

• Social workers should not discuss confidential information in public or semi public areas such as hallways, waiting rooms, elevators, and restaurants

• 1.07 Privacy and Confidentiality
• Respect Clients' Right to Privacy
• Disclosure with Clients' Consent Only
• Protect Confidential Information
• Client should be Informed of Disclosure
• Awareness of Nature and Limitations of Disclosure
• All Records should be properly stored

• Section B Confidentiality and Privacy
• Respecting Client Rights
• Exceptions
• Information Shared with Others
• Groups and Families
• Clients Lacking Capacity to Give informed Consent
• Records and Documentation
• Case Consultation

Informed Consent includes discussing:

• possibility of technology failure and alternate methods of service delivery
• anticipated response time
• time zone differences
• cultural and/or language differences that may affect delivery of services
• emergency procedures to follow when the counselor is not available
• distance counseling credentials, physical location of practice, and contact information
• risks and benefits of engaging in the use of distance counseling

• demonstrate forethought and document whether its believed to be exploitative

• Counselors may be subject to laws and regulations of both the counselor’s practicing location and the client’s place of residence.

Counselors must inform clients that others have unauthorized/authorized access to their records/transmissions. This includes, colleagues,supervisors, employees, and information technologists. This also limits of confidentiality the sessions.

Counselors must provide electronic links to relevant licensing and professional certification boards

Sources

• http://forensicpsychiatry.stanford.edu/Files/ca-lawethics.pdf
• https://www.aamft.org/imis15/Documents/Legal%20Ethics/Board%20Approved%20Code%20for%20Web%20Secured.pdf
• http://www.socialworkers.org/pubs/code/code.asp
• http://www.counseling.org/resources/aca-code-of-ethics.pdf