Ethics - Wisconsin Nursing Home Social Workers Association
Transcription
Ethics - Wisconsin Nursing Home Social Workers Association
Technology, Social Media, and Professional Ethics Presented by Nicholas P. Smiar, PhD, ACSW, CISW Professor Emeritus of Social Work University of Wisconsin – Eau Claire In memory and in honor of Dr. Leonard Gibbs, Esteemed colleague and friend Scenario 1 The director of a small, non-profit health care agency in a rural setting requires his staff to receive messages about clients on their personal voicemail systems, as a cost saving measure. Scenario 2 Jim, a social worker in a county child protective service unit, has had a particularly bad day at work, dealing with both administration and clients. He goes home and uses his Facebook page to describe the terrible day he had at work and to complain about the county human services department. He does not name any clients, but he does provide data about his day. Scenario 3 ABC agency, which serves a Medicaid population, is so proud of its new computerized intake system which permits clients to register and be screened on line. The new system saves money and provides greater efficiency of operation. Scenario 4 Mary works in a managed care system which handles hundreds of cases each day. Her job is to draw private health care information (PHI) from a database and send that information to either a service provider or the billing agency. She does this by attaching the document to e-mail and sending it to the other agency. Scenario 5 As part of his clinical practice, Jason starts a Facebook page where he posts information about his practice, for potential clients. He has linked his private Facebook to the professional one and regularly receives “friend” requests from clients. He has accepted some of his clients who are “better put together.” Scenario 6 In her clinical group therapy practice, Luanne decides to start a therapy group on-line, as a convenience for patients and as a cost-efficient way to offer services. The group will meet in an online chat room, on a secure website, with password protection. Scenario 7 A young man is admitted through the emergency room of a hospital for an apparent overdose that was a possible suicide attempt. The admitting physician requests the social worker’s help in locating information about the patient who was brought in by ambulance after being found unconscious in a public place. The suggestion is to search for the individual on Facebook and Twitter, to locate any statements about suicide attempts or any information that would facilitate patient care. [adapted from Chernack, K.B. (2012). The ethics corner: Beyond the friend request. Update, (Summer), p. 9] Scenario 8 After Fred does an initial assessment, gathering information from the client, and after the client has left, he goes onto the Web and searches out all of the information he can find about the client, including any Facebook or other social networking site, and places the information in the client’s file, as part of the assessment. Oh, the possibilities! e-mail, cell phone, texting, fax, voicemail, Twitter, blogging social networking: Facebook MySpace, YouTube, Bebo, Friendster, LinkedIn [see: http://en.wikipedia.org/wiki/List_of_social_networking_websites] chat rooms, videoconferencing Tele-health – provision of on-line therapeutic services ◦ Iondividual and group psychotherapy ◦ Psychoeducational program software at agency level: ◦ LAN services, shared servers, contracted servers ◦ case management programs generating reports assisting service planning and delivery ◦ automated billing ◦ human resources management software ◦ budget construction and monitoring Objectives of this workshop: to maintain and improve the quality of technologyrelated services provided by professionals; to serve as a guide to professionals incorporating technology into their services; to help professionals monitor and evaluate the ways technology is used in their services; to inform clients, government regulatory bodies, insurance carriers, and others about the professional standards for the use of technology in the provision of professional services. (adapted from: NASW & ASWB. (2005). NASW & ASWB Standards for Technology and Social Work Practice. Washington, DC: NASW Press & ASWB.) Some definitions: Technology “A set of prescribed events that are embedded in hardware, software, or telecommunications and that direct activities, decisions, or choices. Sometimes technology is divided into hard technologies, such as switches and electronics, and soft technology, such as the processes and procedures associated with accounting or risk assessment.” ◦ NASW & ASWB. (2005) , NASW & ASWB Standards for Technology and Social Work Practice, Glossary of Terms Some definitions…. Ethics – standards regarding the “rightness” or “wrongness” of an action; may be personal, professional, organizational. Based on core values, connected to standards of action. Code of Ethics – a formal and codified statement of core values of a profession, connected to standards of action, as a guide for evaluation of one’s own actions first, and then of the actions of other professionals; a hallmark of a profession and part of the agreement between a profession and society: “reasonable expectations by the public.” Law and Ethics MPSW 20 Code of Conduct – regulation, attached to Chapter 457, applicable to Licensed Marriage and Family Therapists, Licensed Professional Counselors, and Licensed and Certified Social Workers; set of prohibitions of professional misconduct; not an allinclusive list; makes reference to “standards of practice.” Oriented to enforcement. Professional code of ethics: accepted standards of practice; reasonable expectations of the public, on the basis of professed core values. Oriented to voluntary compliance. ◦ NASW Code (1999): http://www.socialworkers.org/pubs/code/code.asp ◦ NBCC (2005): http://www.nbcc.org/Assets/Ethics/nbcc-codeofethics.pdf ◦ ACA Code: (2005): http://www.counseling.org/Resources/CodeOfEthics/TP/Home/CT2.aspx ◦ AAMFT Code (2001): http://www.aamft.org/iMIS15/Content/Legal_Ethics/Code_of_Ethics.aspx ◦ APA Code (2010): http://www.apa.org/ethics/code/index.aspx Other applicable standards… NASW and ASWB Standards for Technology and Social Work Practice, at URL: http://www.aswb.org/pdfs/TechnologySWPractice.pdf NBCC Standards for Web Counseling, at URL: http://nbcc.org/AssetManagerFiles/ethics/internetCouns eling.pdf Technology in the codes… NASW 1.07 NASW & ASWB Standards for Technology and Social Work Practice ACA Code (2005) A. 12. Technical applications NBCC Code (2005) B. 6, 12-15. AAMFT – no specific sections Further thoughts… Think of the Code of Ethics as the reasonable expectations by the public of behavior of the professional, based on the professional’s profession of core values to the public… …and so, the Code of Ethics is not a set of externally derived and applied rules (prohibitions) but an internally developed guideline which forms the agreement between the profession/professional and society and to which each professional explicitly subscribes. Ethics and Law Ethics – social justice: what is right or fair. ◦ ◦ ◦ ◦ NASW Code of Ethics NBCC Code of Ethics ACA Code of Ethics ACA Ethical Standards for Internet On-Line Counseling ◦ AAMFT Code of Ethics ◦ APA Code of Ethics Law – legal justice: following the rules of the court ◦ ◦ ◦ ◦ ◦ Chapter 457 [law] MPSW 20 [regulation] Chapter 455 – Psychologists Psy 5 Code of Conduct HIPAA/HITECH Applicability of Codes of Ethics Rule of the court: In legal matters regarding ethical practice, the code of ethics of the largest professional organization in the field shall apply, as accepted standards of practice. In social work: NASW (150,000 members). In counseling, the NBCC and the ACA In marriage and family therapy, the AAMFT Ethics and Regulation MPSW 20 Code of Conduct MPSW 20 Code of Conduct Part of MPSW, the set of regulations attached to Chapter 457. Applies to Social Workers, Marriage and Family Therapists, and Professional Counselors As regulation, has the force of law. Is not an exclusive list of prohibited activities but refers to “accepted standard of practice.” Let’s Review MPSW 20 Note: ◦ MPSW 20 addresses principally the obligations to clients. ◦ MPSW 20 is phrased in negative terms, i.e., what the professional should not do. ◦ Almost all of what is contained in MPSW 20 appears also in the professional codes of ethics, with a few exceptions: violation of the law in matters related to professional practice - MPSW 20.02 (2) determination of end of the professional relationship – MPSW 20.02 (11) MPSW 20 Conduct “20.02 Unprofessional conduct…includes, but is not limited to, engaging in, attempting to engage in, or aiding and abetting the following conduct…..” The accepted standard of practice to which MPSW 20.02 refers is the code of ethics of the profession. And it will be used in the definition of unprofessional conduct. MPSW 20: Unprofessional conduct Unqualified practice Violation of the law Incompetent practice Fraud or deception in application False advertising Fraudulent billing Making false statements Discrimination Practice while impaired Violating confidentiality Sexual contact, conduct, etc. Failure of notice Harmful dual relationship Failure to conduct assessment, evaluation, or diagnosis Claiming secret knowledge False research practices Failure to notify regarding financial conflicts of interest MPSW 20: Unprofessional conduct Failure to maintain adequate records Violating any provisions of Chap. 457 Failure to notify the Social Work Board of status of license or certification Failure to notify regarding interruption or termination of service Gross negligence Having license or certification which has been revoked, suspended, etc., without notice to the Social Work Board MPSW 20.02 Professional Misconduct (1) Performing or offering to perform services for which the credential holder is not qualified by education, training or experience. (4) Using fraud or deception in the application for a credential. (5) Using false, fraudulent, misleading or deceptive advertising, or maintaining a professional relationship with one engaging in such advertising. (6) Engaging in false, fraudulent, deceptive or misleading billing practices. (7) Reporting distorted, false, or misleading information or making false statements in practice. (10) Revealing facts, data, information, records or communication received. from a client in a professional capacity (13) Failing to avoid dual relationships or relationships that may impair the credentialed person’s objectivity or create a conflict of interest. (18) Failing to maintain adequate records relating to services provided a client in the course of a professional relationship. Ethical issues may arise in regard to … Boundaries and the use of social media – NASW 1.09-1.11; 2.072.08; MPSW 20.02 (13) Electronic communications and records – NASW 1.08, 3.04; MPSW 20.02 (18); N&A 7 ◦ E-mail – the ethics of e-mail ◦ Data storage and access ◦ Data transmissions Electronic provision of services - telehealth ◦ Identification and verification of clients ◦ Regulatory competence: Practicing only where licensed or certified N&A 5 Access by professionals and by clients – the “digital divide” NASW 3.08, 6.0; N&A 2 Ethical issues may arise in regard to… Technical and professional competence in the use of technologies and continuing education NASW 3.08, 4.01 (b); N&A 4, 10 Risk management - NASW 1.02, 1.03 esp. (e), 1.16 (f), 3.06; N&A 8 Cultural competence and vulnerable populations NASW 1.05; N&A 3 Practice competencies ◦ Supervision N&A 9-6 ◦ Advocacy N&A 9-1 ◦ Community practice N&A 9-2 ◦ Administrative practice N&A 9-3 ◦ Research N&A 9-5 Competency “Social workers shall be responsible for becoming proficient in the technological skills and tools required for competent and ethical practice… and for seeking appropriate training and consultation to stay current with emerging technologies.” ◦ connection to continuing education, professional development, and supervision (NASW/ASWB, 4) Legal and Regulatory Competencies The professional abides by all laws and regulations in the professional’s jurisdiction and in the jurisdiction in which the client is receiving services ◦ knowledge of law and regulation in regard to practice but also in regard to technologies, e.g., HIPAA, HITECH, etc.; ◦ no practice in other jurisdictions unless qualified there by state licensure or certification. [crossing state or jurisdictional lines while offering services] (NASW/ASWB, 5; ACA, A. 12. e; NBCC Web 13) Access “Social workers shall have access to technology and appropriate support systems to ensure competent practice and shall take action to ensure client access to technology.” (NASW/ASWB, 2.) Ethical obligations in regard to: advocacy digital divide “Counselors provide reasonable access to computer applications when providing technologyassisted distance counseling services.” (ACA, A. 12. d) THE USE OF SOCIAL MEDIA What are the “social media”? From Wikipedia: Social media includes web-based and mobile technologies used to turn communication into interactive dialogue. Andreas Kaplan and Michael Haenlein define social media as “a group of Internet-based applications that build on the ideological and technological foundations of Web 2.0, and that allow the creation and exchange of user-generated content.” ◦ Kaplan, Andreas M.; Michael Haenlein (2010). "Users of the world, unite! The challenges and opportunities of Social Media". Business Horizons 53 (1): 59–68. doi:10.1016/j.bushor.2009.09.003 The social media… Social networking now accounts for 22% of all time spent online in the US. [http://blog.nielsen.com/nielsenwire/global/social-media-accounts-for-22-percent-oftime-online] A total of 234 million people age 13 and older in the U.S. used mobile devices in December 2009. [http://digital.venturebeat.com/2010/02/10/54-of-us-internet-users-on-facebook-27on-myspace/trackback] If Facebook were a country it would be the world's 4th largest between the US and Indonesia. [http://digital.venturebeat.com/2010/02/10/54-of-us-internet-users-on-facebook-27on-myspace/trackback] Social media sites… Social networking: Facebook, MySpace, Twitter, Flixster, Hi5, Last.fm ◦ Mobile sites: Dodgeball, Friendstribe, Groovr, Gypsii, Loopt, ◦ International sites: Badoo, Migente, Orkut, Studivz, Mozes, Peepsnation, Socialight, Wattpad, Social News: Digg, Propeller, Reddit Social photo and video sharing: YouTube, Flikr Wikis: Wikipedia, Wiki, Wetpaint, PBWiki, Wikispaces, Wikidot, Central Desktop, SocialText, Stikipad, EditThis. Info, Seedwiki What are the risks? Boundary crossings and violations (NASW 1.06) ◦ Link between professional page and personal page – unintentional and intentional selfdisclosure? ◦ “Friending” a client – boundary violation? ◦ Acquaintances in common – boundary crossing? Breach of privacy or confidentiality (NASW 1.07) Using social media to deliver services – We’ll discuss this later, in regard to telehealth Facebook Disclaimer: “Risks inherent in sharing information. Although we allow you to set privacy options that limit access to your information, please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other users with whom you share your information. We cannot guarantee that only authorized persons will view your information. We cannot ensure that information you share on Facebook will not become publicly available. We are not responsible for third party circumvention of any privacy settings or security measures on Facebook. You can reduce these risks by using common sense security practices such as choosing a strong password, using different passwords for different services, and using up to date antivirus software.” To use Facebook or not…? What is on the Facebook profile? o Facebook Page: professional use, one-way o Facebook Profile: personal content, photos, etc. Are privacy controls set? o Digital “natives” o Digital “immigrants” What is the context of therapy? (e.g., client age, culture, clinical setting, therapeutic approach, size of community) Who is the client? (e.g., clinical issues, boundary instincts) Why did the client post the request? Will this set a challenging precedent for other clients? What are the HIPAA and documentation implications? Will “Friending” a client create complex boundary issues? [from The Zur Institute] ELECTRONIC COMMUNICATIONS – E-MAIL The ethics of e-mail E-mail From: http://www.chacocanyon.com/pointlookout/050406.shtml Whatever is unethical in life and practice is unethical in e-mail also. Unethical: ◦ denial ◦ disclosing e-mail to harm someone ◦ abusive omission ◦ misidentifying oneself ◦ faking a mishap ◦ dragging your feet ◦ ◦ ◦ ◦ ◦ silence misrepresenting a quote pleading false confusion intentional ambiguity wandering eyes (like postcards in the mail) ◦ forgery, e.g., editing the headers ◦ masquerade – misusing another’s e-mail account E-mail, texting, etc. Do I or does my agency have a policy about e-mail use and has the policy been shared with clients verbally and in written form? [NASW 1.07] Am I using the e-mail for general/administrative purposes or for therapeutic purposes? [see standards for on-line clinical work] Is the e-mail providing access outside of regular hours, or is it a primary mode? Does this e-mail communication fall under HIPAA/HITECH because it contains PHI? [see standards re documentation and records] Should this e-mail communication be documented as part of the client’s record? [see standards re documentation] How accessible is this e-mail or the e-mail system to outsiders? Compromise of privacy and confidentiality? [see standards re privacy and confidentiality] Remember: If it is in writing, electronic or otherwise, it is and ought to be part of the record. [from The Zur Institute] To Google or not to Google? The professional googles the client…with consent, without consent ◦ Level 1: Curiosity (Google Light) ◦ Level 2: Due diligence: thorough search ◦ Level 3: intrusive search to Listservs ◦ Level 4: Deceitful – Facebook, chat rooms ◦ Level 5: Illegal search – cyber-stalking (from The Zur Institute) To Google or not to google? Why are you googling? What is the connection to the service? Is the client aware of this practice? (Informed consent) What are you doing with the information? Into the file, shared with others? Services offered electronically Terms used… Internet-supported Intervention Web-based therapy E-interventions Computer-mediated interventions Online therapy Online counseling Technology assisted distance counseling (TADC) E-therapy/e-counseling Cybertherapy/cybercounseling E-health Psycho-technology Tele-Health Internet counseling Therap-E-Mail From: Fredric Reamer, Ethical Issues Related to Social Workers’ Use of Social Media and Online Services, Power Point presentation. Copyright 2012, NASW. Reprinted with permission from NASW Lunchtime Series Webinars 2012 Forms of electronic services E-therapy chat (live) Moderated forum Web-based psychoeducation Self-guided Web-based interventions with automated feedback (e.g., anxiety, phobia, selfesteem, anger, weight loss) ◦ ◦ Human support No human support Video conferencing Telephone therapy Avatar therapy Expert systems Email exchanges Text messages Client Blogs Client Twitter From Fredric Reamer, Ethical Issues Related to Social Workers’ Use of Social Media and Online Services, Power Point presentation. Copyright 2012, NASW. Reprinted with permission from NASW Lunchtime Series Webinars 2012 A Taxonomy of Technology-Assisted Distance Counseling Telecounseling [synchronous] ◦ Telephone-based individual, couple, and group counseling Internet Counseling [synchronous or asynchronous] ◦ E-mail-based individual counseling ◦ Chat-based individual and group counseling ◦ Video-based individual, couple, and group counseling NBCC, Practice of internet counseling Why do on-line services? Less expensive means of service delivery for the professional Convenience for client and professional Reduces or eliminates the effects of geographical distance and physical barriers. Non-face-to-face interaction may be safer for shy or anxious clients. Permits more flexible scheduling 49 Why not do on-line services? You do not have the practice context to support it. It may open you to 24 hr/day availability. You may not have the regulatory competence. You must ensure that your assessment connects with the choice of service. On-Line Clinical Work Done only through secure websites or through e-mail systems which use encryption (ACA, 12.g.,6) Only general, non-confidential information is offered via non-secure websites, e.g., information of interest to users of the website; referral information; contact information; links to related sites (licensure board, professional association, etc.) The website is constantly monitored and updated. The website provides notice of ◦ ◦ ◦ ◦ ◦ limitations confidentiality of information transmitted over the Web security of the website itself whether encryption will be used whether special software is needed to receive encrypted messages. supervision of the services Risk management “…ensuring high-quality practices and procedures …that are legally sound and ethical …to protect clients and safeguard against litigation.” (NASW/ASWB 8). ◦ assessment of risks ◦ policies and procedures to reduce or eliminate risks Risks in on-line clinical work Potential treatment of minors without appropriate consent (NBCC, Practice, 2; ACA 12.h.5). Limitations to and inadvertent compromises to confidentiality (NBCC, Practice, 10-12; cf. HIPAA/HITECH regulations); Unknown cultural differences of the client (NBCC, Practice, 9); Inability to respond to crisis or emergency situations (NBCC, Practice, 6); Risks in 0n-line clinical work Equality or inequality of telehealth and face-to-face treatment modalities; Licensing issues – treating clients across state lines outside of one’s jurisdiction (NBCC, B. 13.; ACA, A. 12. e.; NASW & ASWB, 5). Possible technical disruptions and failures (NBCC, Ethical Practice, 4). ◦ Risks from: Scheetz, K., & Barnett, J. (2010). Behavioral telehealth: Ethics, law, and effective clinical practice. APA Risks in on-line clinical work: inappropriateness of individuals or their treatment issues for telehealth modalities (ACA, 12.c).; adequacy of assessment and diagnosis of individuals via telehealth; loss of important non-verbal information, including body language, eye contact, appearance, posture, and grooming; inability to assess the accuracy and consistency of the client’s identity online, as well as the client’s inability to adequately assess the clinician’s qualifications; Recommendations for Risk Management Secure informed consent so that the client is fully informed regarding the work (see ACA, 12.g., and NBCC, Practice, 112)., The informed consent should include information about: ◦ maintaining confidentiality and possible breaches of confidentiality; ◦ The entering of, storage of, access to, maintenance of, and destruction of records; ◦ the use of encryption for communications ; ◦ emergency procedures, such as calling 911 or a local crisis hotline, when the professional is not available ; ◦ factors which may affect service delivery, such as time zone differences, local customs, and cultural or language differences; Recommendations for Risk Management Informed consent (continued): ◦ method for establishing client identity; ◦ accommodations for persons with various challenges; ◦ links to ethical and legal codes and professional associations, esp. on the topic of internet clinical work. ◦ all colleagues, supervisors, and employees, such as Informational Technology (IT) administrators, who might have authorized or unauthorized access to electronic transmissions. ◦ all authorized or unauthorized users including family members and fellow employees who have access to any technology clients may use in the counseling process. Recommendations for Risk Management Use of a password for access; changed regularly Watch what you put on line: ◦ Be aware that anything which you have posted on line can be read by clients. ◦ Clients have access to your website, blogs, chat rooms, bulletin boards, list serves, etc. ◦ Want to know what your clients can find out? Google your name. ◦ You can remove private or incorrect information. Go to: www.ReputationDefender.com, or any similar website. Provide only services which you are qualified to provide and not as adjunct to your regular services and not as your only service. Do on-line consultation with colleagues only when you have written consent from the client. Identification and verification The professional… represents himself or herself to the public accurately ◦ in advertising, esp. on the Web …makes an effort to verify client identity and contact information. ◦ in transactions with client electronically Documentation “Social workers shall protect client privacy when using technology in their practice and document all services, taking special safeguards to protect client information in the electronic record.” (NASW/ASWB, 7). Electronic Records Recording, storing, maintaining, using, and transmitting electronic data, esp. private and confidential information, according to ethical and legal/regulatory requirements. Use of appropriate procedures: encryption systems, on-site file servers with fire walls, creating regular back-ups, password protection, and audit trails. Information given to clients regarding electronic records: access, informed consent, limitations, length of time records are held, and procedure for destruction of data. Records must be accurate and must describe the standard of care provided. Documentation of client’s informed consent for release of information or notice to the client when a record is released without client consent. (NASW 1.07, n; NASW/ASWB, 7; NBCC, B, 6; HIPAA/HITECH compliance) Records (cont.) Electronic transfer of client records: ◦ only when both sending and receiving entities have secure transfer and acceptance capabilities [e.g., encryption]; ◦ the recipient is able to effectively protect the transferred information [HIPAA/HITECH compliance]; ◦ the informed consent of the client is in place prior to the transfer. ◦ (ACA, B, 3, e) Practice Competencies and Technology •Supervision •Advocacy •Community Practice •Administrative Practice •Research Practice Competencies: Supervision Following applicable laws regarding supervision and the use of technology for licensure. “Persons receiving supervision have a responsibility to become familiar with these definitions and meet the requirements” – law, regulation, third-party payers, and professional entities. ( NASW & ASWB, 9-6 Use of supervision by use of technology for regular supervision: ◦ Adequacy ◦ Suitability Practice competencies: Advocacy “Social workers shall use technology to inform and mobilize communities about policies that will benefit individuals and groups and seek to provide tools, opportunities, and information so that clients are able to advocate directly for their own interests.” (NASW/ASWB, 9) [empowerment; case and cause advocacy] Ethical obligation regarding advocacy: “Social workers should promote the general welfare of society, from local to global levels, and the development of people, their communities, and their environments. Social workers should advocate for living conditions conducive to the fulfillment of basic human needs and should promote social, economic, political, and cultural values and institutions that are compatible with the realization of social justice.” (NASW , 6.01). Community Practice “The social worker shall advocate for the adoption and use of relevant technologies that will enhance the wellbeing of communities.” [advocacy]. (NASW/ASWB Standard 9.2) Cultural competence and vulnerable populations NBCC, Practice, 9: “Internet counselors are aware that some clients may communicate in different languages, live in different time zones, and have unique cultural perspectives. Internet counselors are also aware that local conditions and events may impact the client.” NASW & ASWB, Standard 3: “Social workers shall select and develop appropriate online methods, skills, and techniques that are attuned to their clients’ cultural, bicultural, or marginalized experiences in their environments. In striving for cultural competence, social workers shall have the skills to work with a wide range of people who are culturally different or who may be considered a member of a vulnerable population, such as people with disabilities and racial, ethnic, and sexual minority status, and those whose primary language may not be English.” NASW Code of Ethics, 6.04 Social and Political Action: “(b) Social workers should act to expand choice and opportunity for all people, with special regard for vulnerable, disadvantaged, oppressed, and exploited people and groups.” Administrative Practice: “Social workers shall keep themselves informed about technology that will advance quality program operations and service delivery, invest in and maintain such systems, and establish policies to ensure access, appropriate security, and privacy in agency information systems.” (NASW & ASWB, 9-3). ◦ ensuring availability and access ◦ training for those using the technology ◦ attention to information security and risk management Practice Competencies: Research: “Social workers conducting, evaluating, disseminating, or implementing research using technological approaches shall do so in a manner that ensures ethical credibility and ensures the informed consent of the participant.” (NASW/ASWB, 9-5; see also: NBCC, Section E, 1-6). Research Research ◦ ensuring the informed consent of the subjects ◦ evaluating the credibility and limitations of the research ◦ protection of data in the electronic record DECISION MAKING IN ETHICS Factors in the decision making: One’s own personal value set and impact of the decision on oneself Agency philosophy, policies, procedures Regulatory agencies and codes Legal aspects and issues Circumstances which affect the decision Professional ethics External verification (not subjective judgment) How are these supposed to fit within the decision making process? Priority of professional ethics. Ethical Rules Screen Examine the Code of Ethics to determine if any of the standards of the Code are applicable. These standards take precedence over the worker’s personal value system. If one or more standards apply, follow these. If the Code does not address itself to the specific problem, or if several standards of the Code provide conflicting guidance, use the Ethical Principles Screen [From: Loewenberg, F. M., & Dolgoff, R. (1992). Ethical decisions for social work practice. Itasca, IL: F. E. Peacock Publishers. Chapter 3: Guidelines for ethical decision making, p. 59] Ethical Principles Screen Protection of Life Equality and inequality Autonomy and freedom Least Harm Quality of Life Privacy and confidentiality Truthfulness and full disclosure [From: Loewenberg, F. M., & Dolgoff, R. (1992). Ethical decisions for social work practice. Itasca, IL: F. E. Peacock Publishers. Chapter 3: Guidelines for ethical decision making, p. 60] Ethical Decision Making Determine: an ethical issue or an ethical dilemma? [conflicts of values, rights, responsibilities]. Identify key values and principles; rank them. [Go deep into the Code] Identify key persons, groups, organizations with a stake in the issue/dilemma Identify all possible courses of action Examine reasons for & against each action Consult with colleagues, supervisor, ethics board; do not do this alone. Select the strategy, implement it, document it. Reflect on outcomes: Monitor, evaluate, document [From: Reamer, Frederic G. (2001). Ethics education in social work. Alexandria, VA: Council on Social Work Education, pp. 106-112]. Instructions for the Exercises: Read the scenario carefully. Are you concerned about anything here? If so, what? Is this an ethical issue or an ethical dilemma? What is the issue or dilemma? “Tag” it into the Code and MPSW 20. Follow the rest of the model for decision making. Sources Corey, G., & Corey, M.S. (Eds.) (2011). Codes of ethics for the helping professions. Belmont, CA: Brooks Cole/Cengage Learning. Deardorf, W. W. (2012). Internet-based treatment: A comprehensive review [Ethics and risk management]. BehavioralHealthCE. An online course, at URL: http://www.behavioralhealthce.com/index.php/component/courses/?task =view&cid=69 Finn, Jerry. (2006). An exploratory study of email use by direct service social workers. Journal of Technology in Human Services, 24(4), 1-20. Foxhall, K. (2000). How will the rules on telehealth be written? Monitor on Psychology, 31(4), 38. Gelman, Sheldon R.; Pollack, Daniel; & Weiner, Adele. Confidentiality of social work records in the computer age. Jurgens, Kristin, & Gregoire, Jocelyn. (Eds.). (2012). Counseling Ethics: Philosophical and Professional Foundations. New York: Springer. Maheu, M.M., & Gordon, B.L. (2000). Counseling and therapy on the Internet. Professional Psychology: Research and Practice, 31(5), 484489. Sources (continued) Marson, S. M., & Brackin, S. (2000). Ethical interaction in cyberspace for social work practice. Advances in Social Work, 1 (1), 27-42. Marson, S. M., & Brackin, S. (1996). Therapy on the Internet: Confidentiality as a misnomer, Part II. North Carolina Social Worker Newsletter, 21 (6), 2, 6-7. NASW & ASWB. (2005). NASW & ASWB Standards for Technology and Social Work Practice. Washington, DC: NASW Press & ASWB. National Board of Certified Counselors (NBCC). (2005) . Code of Ethics Reamer, F.G. (2009, Nov. 13). Eye on ethics: Novel boundary challenges: Social networking. Social Work Today, on line at URL: http://www.socialworktoday.com/news/eoe_111309.shtml Remley, T.P., & Herlihy, B. (2001). Ethical, legal, and professional issues in counseling. Upper Saddle River, NJ: Merrill/Prentice-Hall Sources (continued) Marson, S. M. (2000). Internet ethics. The New Social Worker, 7 (3), 19-20. Scheetz, K., & Barnett, J. (2010). Behavioral telehealth: Ethics, law, and effective clinical practice. APA. Zur Institute. (n.d.). Digital ethics: Internet and therapy. On line at URL: http://www.zurinstitute.com/articles.html#boundariesemail