The document summarizes key changes and new concepts in the 2014 ACA Code of Ethics. It discusses how the code now explicitly emphasizes professional values like multiculturalism and social justice. It also focuses on using ethical decision-making models. The code raises expectations for counselor educators regarding instruction, field placements, and gatekeeping. It strengthens guidelines around avoiding imposing personal values and appropriate social media/distance counseling use. The document aims to help counselors understand and implement the updated standards of practice.

1. Raising the Bar:
Critical New Concepts
in the 2014
ACA Code of Ethics

2. David Kaplan
ACA Chief Professional Officer
dkaplan@counseling.org
www.counseling.org/kaplan

4. Why me?

5. • ACA President that appointed the 2005 Ethics
Revision Task Force
• ACA staff liaison to the 2005 code revision
• ACA staff liaison to the 2014 code revision

6. www.counseling.org/ethics

7. Members of the
ACA Ethics Revision Task Force
• Jeannette Baca
• Janelle Disney
• Perry Francis (Chair)
• Gary Goodnough
• Mary Hermann
• Shannon Hodges
• Lynn Linde
• Linda Shaw
• Shawn Spurgeon
• Michelle Wade
• Richard Watts
• Erin Martz (staff liaison)
• David Kaplan (staff Liaison)

8. Why do you need to know this stuff?
THE 500 POUND GORILLA
EFFECT

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16. 55,000 professional
counselors agree to abide
by the ACA Code of Ethics

17. 22 state licensing boards
have adopted the ACA Code of Ethics
• Alaska
• Arizona
• Arkansas
• California
• District of Columbia
• Idaho
• Illinois
• Iowa
• Louisiana
• Massachusetts
• Mississippi
• New Jersey
• North Carolina
• North Dakota
• Ohio
• Pennsylvania
• South Carolina
• South Dakota
• Tennessee
• Utah
• West Virginia
• Wyoming

18. The judicial system uses the ACA code
as the ethical standard for counselors
• Ward v. Wilbanks
• Keeton v. Anderson-Wiley

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20. I have been counseling an adult woman with a presenting problem
of difficulty in coping with the death of her mother. Her mother
and grandmother (who is also deceased) suffered from
progressive Alzheimer’s disease. My client revealed to me that
she administered a lethal dose of sleeping pills to her grandmother
during the final stages of the Alzheimer’s, and that she also
caused the death of her mother by withholding cardiac medication.
It was then revealed that it is likely she will have to take care of a
third relative with Alzheimer’s disease, an elderly Aunt. It is
important to understand that my client is not a bad person and did
what she did while under tremendous stress and pressure and
with feelings of compassion for the deteriorating condition of her
mother and grandmother. My question is in two parts: First, what
are my ethical obligations upon hearing the manner in which my
client’s mother and grandmother died? Second, am I responsible
to do anything about the upcoming situation with the Aunt?

21. Theme:
Raising the Bar
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22. Raising the Bar
• Professional values
• Ethical decision making
• Counselor Educators
• Counselor Personal values
• Social media & distance
counseling

23. Raising the Bar
• Professional values
• Ethical decision making
• Counselor Educators
• Counselor Personal values
• Social media & distance
counseling

24. Raising the bar
for
professional values

25. The values of our profession
are now explicitly stated
• Human development
• Multiculturalism and diversity
• Social Justice
• Safeguarding the counselor-client
relationship
• Practicing in a competent & ethical manner

26. And on the more nuts and bolts
level……
The code states for the first time that all
counselors must take case notes
“Counselors create and maintain records and
documentation necessary for rendering
professional services.” (B.6.a.)

27. And make a reasonable
effort to provide pro-bono
services
(C.6.e)

28. As well as adding a
whistleblower policy
“Counselors do not harass a colleague or
employee or dismiss an employee who
has acted in a responsible and ethical
manner to expose inappropriate
employer policies or practices.” (D.1.i)

29. Raising the bar
for
ethical decision
making

30. The principles of ethical behavior
are now explicitly stated
• Autonomy
• Nonmaleficence
• Beneficence
• Justice
• Fidelity
• Veracity

31. Along with a new focus on using a
methodical approach
I.1.b. Ethical Decision Making
When counselors are faced with an
ethical dilemma, they use and
document, as appropriate, an ethical
decision making model….

32. An example:
A Practitioner’s Guide to
Ethical Decision Making by
Forest-Miller & Davis
www.counseling.org/knowledge-center/ethics

33. • Identify the problem
• Apply the ACA Code of Ethics
• Determine the dimensions
• Generate potential courses of action
• Consider the consequences of all options
• Select and evaluate an option
• Implement the course of action

34. Raising the bar
for
counselor educators

35. Counselor educators now have the
ethical obligation to provide:
• Current information & knowledge (F.7.b)
• Instruction only within their areas of
competency (F.7.b)
• Direct assistance with field placements (F.7.i)
• Career assistance to students (F.8.b)

36. As well as now explicitly stating the
ethics of gatekeeping
“[Counselor educators] recommend dismissal from
training programs…when students are unable to
demonstrate they can provide competent
professional services to a range of diverse clients.”
(F.6.b)
“Counselor Educators may require students to
address any personal concerns that have the
potential to affect professional competency” (F.8.d)

37. Raising the bar
for
counselor personal
values

38. Let’s talk lawsuits
Ward v. Wilbanks
Keeton v. Anderson-Wiley

39. ACA’s official position on the
Ward Case
www.counseling.org/knowledge-center/ethics
Scroll down to:
Ethical Implications of a Critical Legal Case for the Counseling
Profession: Ward v. Wilbanks
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40. As a result of these cases…

41. An explicit focus on
avoiding the imposition of a
counselor’s personal values

42. A.4.b. Personal Values
Counselors are aware of –
and avoid – imposing their own
values, attitudes, beliefs, and
behaviors.

43. Which extends to referrals
A.11.b
Counselors refrain from referring
prospective and current clients based
solely on the counselor’s personally
held values, attitudes, beliefs, and
behaviors
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44. So what does this mean?
• Our clients are more important than we
are.
• Professional counselors may not deny
counseling services to a GLBTQ client (or an
individual belonging to any other protected
class of clients in C.5) on the basis of the
counselor’s values.

45. • Referrals are to be made on the basis of
skill-based competency, not values.
• Referral is an issue of last resort.
- Kaplan, D.M. (2014). Ethical implications of a critical legal
case for the counseling profession: Ward v. Wilbanks. Journal of
Counseling and Development, 92, 142-146. doi: 10.1002/j.1556-
6676.2014.00140.x

46. Raising the bar
for
Social Media & Distance
Counseling

47. Distance Counseling, technology
and social media now get their
own section (H)

48. What the heck is a personal virtual
relationship?
A.5.e Personal Virtual Relationships With Current
Clients
Counselors are prohibited from engaging in a
personal virtual relationship with individuals with
whom they have a current counseling
relationship…

49. Translation

50. No Friending

51. And
Social media romances
are treated the same as
in-person affairs

52. Other new
“read between the lines” social
media imperatives
• Make your texting rules clear (H.6.b)
• Don’t check out your client’s Facebook
page without their permission (H.6.c)

53. • Don’t disclose confidential information
through public social media (H6.d.)
• Ask yourself if you really want a
personal Facebook page (H.6.a)

54. New distance counseling
responsibilities
• Determine whether counseling your
client is legal (H1.b)
• Verify your client’s identity (H.3)
• Address distance counseling in your
informed consent procedures (H.2.a)

55. New distance counseling
responsibilities
• Acknowledge the inherent
confidentiality limits (H.2.b)
• Encrypt (H.2.d)

57. • Mandated clients can choose to refuse
services (A.2.e.)
• Counselors are now explicitly prohibited
from counseling someone with whom they
have had a previous romantic/sexual
relationship (A.5.b)
• Self-referrals to your own private practice
are now explicitly prohibited unless
certain conditions are met (A.10.a)

58. • Counselors do not engage in fee splitting or
provide/receive other forms of
remuneration for referrals (A.10.b)
• A sliding scale is now explicitly acceptable
(A.10.c)
• The use of legal means to collect unpaid
fees must be included in your informed
consent documents (A.10.d)

59. • Confidentiality now extends to prospective
clients (B.1.c)
• The requirement to confirm the diagnosis of
a life-threating disease in order to protect
an innocent third party has been removed
(B.2.c)
• In the absence of an agreement to the
contrary, the couple or family is now
considered to be the client when conducting
couples or family counseling (B.4.b)

60. • There are now explicit guidelines for using case
studies in a classroom (F.7.f) and presentation or
publication (G.5.a) that protect the client
• Faculty cannot require students to participate in
research (G.2.b)
• Faculty cannot submit manuscripts or conduct
presentations based on a student’s work without
the student’s permission and listing the student
as the lead author (G.5.f)

61. WHERE TO GO FROM HERE
THE ACA KNOWLEDGE CENTER
WWW.COUNSELING.ORG

62. ACA 2014 ethics code resources
• The code itself
• Podcast
• Webinar series
• Interview series
• Books
* See handout

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64. 2014 ACA Code of Ethics Resources
 The code itself is available for download on the ethics section of the ACA website at
http://www.counseling.org/knowledge-center/ethics
 The podcast The NEW 2014 Code of Ethics: An Overview is available on the ACA website
at http://www.counseling.org/knowledge-center/podcasts
 A comprehensive six-part webinar titled The ACA 2014 Code of Ethics: A 6-part Webinar Series is
available on the ACA website at http://www.counseling.org/continuing-education/webinars
 The lead article in the June Counseling Today titled A Living Document of Ethical Guidance focused
on the development and new concepts in the 2014 ACA Code of Ethics. It is also available at CT
Online. Go to http://ct.counseling.org/ and then click on “Cover Stories”. You can also search CT
Online for other articles on the 2014 code. For example, the August Technology Tutor column was
on the new technology ethics in the 2014 code.
 A six part monthly series “New Concepts in the ACA Code of Ethics” consisting of interviews with
the Ethics Revision Task Force is being published in Counseling Today. The first one was published
in the June edition and the interviews are being posted on the ethics section of the ACA website at
http://www.counseling.org/knowledge-center/ethics
 Barbara Herlihy and Gerald Corey have thoroughly revised two bestselling ACA books to include
new concepts on the 2014 Code of Ethics: the ACA Ethical Standards Casebook and Boundary
Issues in Counseling. Part I of the casebook (pp. 1-25) is especially recommended. It is a truly
outstanding review of new directions in the revised code. Both books are available at the ACA
online bookstore at https://www.counseling.org/publications/bookstore
 The ACA Ethics Desk Reference for Counselors has been thoroughly revised to speak to the 2014
ethics code. It is available through the ACA online bookstore at
https://www.counseling.org/publications/bookstore
 A benefit of ACA membership is the availability of ethics consults. ACA embers can contact the
ethics department any time they have a question about the revised code. The professional counselors
in our ethics department sat in on the meetings of the Ethics Revision Task Force and so are well-versed
in all of the new concepts and directions as well as intended interpretations. You can contact
our ethics department at(800) 347 6647, ext. 314 or ethics@counseling.org
 Finally, ACA is presenting conference and worship presentations on new concepts in the 2014 ACA
Code of Ethics at division and branch conferences and workshops. So far, we have confirmed over
22 presentations. If you would like to see ACA present a workshop on the 2014 ethics code at your
favorite division or your branch, please ask them to contact David Kaplan, ACA Chief Professional
Officer at dkaplan@counseling.org

65. Let’s Schmooze

66. David Kaplan
ACA Chief Professional Officer
dkaplan@counseling.org
www.counseling.org/kaplan