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Doing the Right Thing.
  Doing it the Right Way.
     A presentation on Ethics
                By
Catherine McAlpine, Ph.D., LCSW-C
Workshop Objectives
• Learn about the types of support offered
  by para-professionals to people in
  recovery.
• Understand the difference between being
  a paid helper and being a peer or friend.
• Discuss dual relationships and how ethics
  protect employees and clients.
• Discuss boundaries and importance of
  supervision in our daily work.
Vision Statement from
            SAMHSA
• A Life in the Community
  for Everyone.
• Prevention Works.
• Treatment is Effective.
• People Recover.
Ethical relationships are a
              balancing act.
• We don’t know what we
  don’t know.
• Stay in your lane.
• You’re only as sick as
  your secrets.
• Is it a secret or is it a
  surprise.
• Don’t ask, don’t tell.
• Just between you and me
  …
• Can you keep a secret?
• Confidentiality, anonymity
  and privacy
Ethics
• Moral standards by which people judge
  and behave.
• A code of conduct, often supported by a
  profession, organization or other group.
Equity
• A state or quality or ideal of being, just, fair
  and impartial.
• Non-hierarchical
• People as a resource

• Ethics = Equity = Fairness
Unequal Power
• Exploitation is a risk when a relationship is
  unequal in power.
• Power inequality is always true …
  – Between an employer and employee
  – Between a supervisor and a supervisee
  – Between a business and a customer
  – Between staff and clients
  – Between criminals and victims
  – Between adults and children
Ethics Law for Public Employees
• Sec. 19A-15. Disclosure of confidential
  information; ex parte communication
• Soliciting or accepting gifts
• Political activities of quasi-judicial officials
• Equal Employment Opportunity
• Nepotism
• Favoritism
• Non-discrimination: racism, age-ism, sexism or
  any discriminatory or unequal practices
Rights and Responsibilities
• Privacy belongs to the person. Our duty is to
  respect and control personal information.
  – Confidentiality
       • Avoid re-disclosure – sharing confidential information you
         gained from another source
       • Exceptions: medical emergency, duty to warn, abuse
  –   Privacy
  –   Protected Health Information
  –   Need to know
  –   Anonymity
Informed Consent
Protection of persons right to privacy and our duty
  to protect client information, avoid doing any
  harm, and always adhere to laws.
  –   Person must know risks & benefits
  –   Person must be competent or capable
  –   Person is told of limits of confidentiality
  –   No “to whom it may concern” or blank forms
  –   Written consent is dated, time limited
  –   May be revoked at any time by client
  –   Some rules may not apply to Court Orders/DPP
Code of Federal Regulations
• CFR 42 Section 2 applies to Alcohol and Drug
  Treatment Services.
  –   Documentation in case records or electronic
  –   Use of e-mail & password protection
  –   Responding to a subpoena
  –   Client disclosure of criminal activity past/now
  –   Client as “fleeing felon” or current criminal act
  –   Handling an active arrest warrant
  –   Sharing on a “need to know basis”
  –   Exceptions – duty to warn, child abuse & medical emergency
HIPAA
• Health Insurance Portability and
  Accountability Act
  – Protected Health Information
  – Patients’ right to access own medical records
  – Business Partner Agreements
  – Sanctions for Violation
  – Must self-report any violation
  www.hipaa.samhsa.gov
Code of Ethics or Code of Conduct
• Most professions have a Code of Ethics with
  clear advise against Dual Relationships.
• Most employers have a Code of Conduct.
• Maryland has Professional Boards under which
  all doctors, counselors and therapists must
  adhere to standards of education, training,
  supervision and conduct.
• Boards issue sanctions
• You may be subject to personal liability as well
Do No Harm
• Iatrogenic – unintended harm caused by
  treatment or intervention that causes injury.
  Example:
• Fiduciary – a special duty or obligation to care
  for another person, usually some one who is not
  able to fully care for self. Example:
• Boundary Management – decisions that
  increase or decrease intimacy in the
  relationship. Example:
• Conflict of Interest or Dual Relationship – having
  more than one role with the person. Example:
  employer & relative, coach & selling products
Dual Relationships
• Has a primary professional role with a person
  while
  – 1) at the same time,
  – 2) at an earlier time or
  – 3) at a later time has another type of relationship
• Potential for harm might not be apparent in the
  moment.
  – Must weigh anticipated and unanticipated effects
  – Use supervision and a skill called “reflective
    awareness” to discuss boundaries and blurred
    boundaries or when a line has or may be crossed.
Risks of Dual Relationships
• Law suits or formal complaints, lose license
• Impaired judgment or impaired decision making
• Injury to self or other, including to reputation and
  other relationships
• Loss of employment (being fired)
• Charges of harassment or sexual assault
• Giving preferential treatment
• Using emotional abuse or other exploitation
• Being exploited or otherwise harmed yourself
Documentation
• If a tree falls in the woods and no one
  hears it, did it really fall?
• Burden of paperwork v. accountability
• Future standards for fees &
  reimbursement
• Mutual protection
• Validates importance of peer-to-peer work
• Confidentiality, need to know & KISS
Supervisor Ethics
• Uphold highest professional standards
• Seek professional help when work or personal
  issues may interfere
• Conduct is as a role model & Agency rep.
• Reinforce zero tolerance for interactions that are
  not courteous, compassionate and/or
  professional.
• Uphold vision, values & principles of wellness
• Treat supervisee, colleagues, peers & clients
  with dignity and respect
• Adhere to all standards & regulations of privacy
Sexual Harassment
• Harassment is verbal or physical conduct that demeans or
  shows hostility or aversion toward an individual for any
  reason. It is the policy of CCAR to prohibit all forms of sexual
  and/or other harassment in the workplace.
• Harassing conduct includes: slurs, negative stereotyping,
  threatening language, and intimidating or hostile acts.
• Sexual Harassment means any unwelcome sexual advance.
    – Verbal: Suggestive comments, threats, insults and jokes
    – Non-Verbal: Making suggestive or insulting noises, obscene gestures,
      whistling, and displaying derogatory or pornographic posters, cartoons
      or drawings.
    – Physical: Unwelcome touching, brushing, hugging, kissing, pinching.
• It is your right to work/volunteer in an environment free from
  harassment.

Slide 2.6
Liability and Sexual Harassment
• Harasser is always liable.
• Employer is liable for harassment by
  supervisors and managers and quid pro
  quo harassment.
• Supervisor or manager is liable when
  harassment occurs and no quick, effective
  action is taken.

Slide 2.8
A Slippery Slope
• Defense Mechanisms are a signal that
  things are not going so great.
• Pay attention to your own DMs or gut
  feelings. You may become defensive!
• Listen for the “yes, but …” phrase
  – Denial
  – Externalizing
  – Rationalizing
Stop/Look/Listen
• Remember when you
  learned to cross the
  street? There were 3
  simple rules: stop, look
  and listen.
• Use your eyes, your ears,
  your brain and your gut.
  Check-in and look around
  before you reply.
• Slow it down. You don’t
  have to have or give all
  the answers.
   – Say what you mean
   – Mean what you say
   – Don’t say it mean
Types of Support
• Emotional support – show empathy, caring
• Informational support – give health or wellness
  information, educate or help acquire new skills
  (may be feedback or role play)
• Instrumental support – concrete or “hands-on”
  assistance with a task or offering to help with
  transportation or childcare
• Affiliation support – opportunity for positive
  social connections, learn social and recreational
  skills in a sober environment
Social Emotions are Human
• Checking our Own Attitudes & Feelings
  –   Condemning – contempt, anger, disgust
  –   Praising, gratitude
  –   Sympathy
  –   Compassion
  –   Empathy
  –   Guilt
  –   Shame
  –   Embarrassment
  –   Going native
What is My Role?
• It’s not about me, it’s about you =
  Recovery Support
  – Sponsor
  – Counselor/Therapist
  – Pastor/Clergy
  – Nurse/Doctor
  – Friend/Friends with Benefits
  – Mentor
  – Companion or “Big Buddy”
What is My Goal?
•   Employer expectations
•   Volunteer or unpaid staff person
•   Supportive Listener
•   Outreach
•   Education
•   Information
•   Crisis Intervention
•   Problem Solving
Telling Your Story
•   Myths and the Classic Hero’s Story
•   The myth of the American West (my way)
•   12 Step “sharing” and “war stories”
•   Goal = Experience, Strength and Hope
    – Who is going to feel better?
    – Is this a teaching moment (person receptive)?
    – Is it more about me than about you?
    – Is there a risk of harm now or in the future?
Exercise
• Think about these last few hours. Our
  conversation have been about change.
  This has the potential for a big impact on
  YOU, your life.
 –   How are you feeling?
 –   What coping skills are you using?
 –   Where do you plan to seek out support?
 –   Who will help you the most?
International Consortium of
Reciprocal Certification (ICRC)

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Ethics issues and boundaries training

  • 1. Doing the Right Thing. Doing it the Right Way. A presentation on Ethics By Catherine McAlpine, Ph.D., LCSW-C
  • 2. Workshop Objectives • Learn about the types of support offered by para-professionals to people in recovery. • Understand the difference between being a paid helper and being a peer or friend. • Discuss dual relationships and how ethics protect employees and clients. • Discuss boundaries and importance of supervision in our daily work.
  • 3. Vision Statement from SAMHSA • A Life in the Community for Everyone. • Prevention Works. • Treatment is Effective. • People Recover.
  • 4. Ethical relationships are a balancing act. • We don’t know what we don’t know. • Stay in your lane. • You’re only as sick as your secrets. • Is it a secret or is it a surprise. • Don’t ask, don’t tell. • Just between you and me … • Can you keep a secret? • Confidentiality, anonymity and privacy
  • 5. Ethics • Moral standards by which people judge and behave. • A code of conduct, often supported by a profession, organization or other group.
  • 6. Equity • A state or quality or ideal of being, just, fair and impartial. • Non-hierarchical • People as a resource • Ethics = Equity = Fairness
  • 7. Unequal Power • Exploitation is a risk when a relationship is unequal in power. • Power inequality is always true … – Between an employer and employee – Between a supervisor and a supervisee – Between a business and a customer – Between staff and clients – Between criminals and victims – Between adults and children
  • 8. Ethics Law for Public Employees • Sec. 19A-15. Disclosure of confidential information; ex parte communication • Soliciting or accepting gifts • Political activities of quasi-judicial officials • Equal Employment Opportunity • Nepotism • Favoritism • Non-discrimination: racism, age-ism, sexism or any discriminatory or unequal practices
  • 9. Rights and Responsibilities • Privacy belongs to the person. Our duty is to respect and control personal information. – Confidentiality • Avoid re-disclosure – sharing confidential information you gained from another source • Exceptions: medical emergency, duty to warn, abuse – Privacy – Protected Health Information – Need to know – Anonymity
  • 10. Informed Consent Protection of persons right to privacy and our duty to protect client information, avoid doing any harm, and always adhere to laws. – Person must know risks & benefits – Person must be competent or capable – Person is told of limits of confidentiality – No “to whom it may concern” or blank forms – Written consent is dated, time limited – May be revoked at any time by client – Some rules may not apply to Court Orders/DPP
  • 11. Code of Federal Regulations • CFR 42 Section 2 applies to Alcohol and Drug Treatment Services. – Documentation in case records or electronic – Use of e-mail & password protection – Responding to a subpoena – Client disclosure of criminal activity past/now – Client as “fleeing felon” or current criminal act – Handling an active arrest warrant – Sharing on a “need to know basis” – Exceptions – duty to warn, child abuse & medical emergency
  • 12. HIPAA • Health Insurance Portability and Accountability Act – Protected Health Information – Patients’ right to access own medical records – Business Partner Agreements – Sanctions for Violation – Must self-report any violation www.hipaa.samhsa.gov
  • 13. Code of Ethics or Code of Conduct • Most professions have a Code of Ethics with clear advise against Dual Relationships. • Most employers have a Code of Conduct. • Maryland has Professional Boards under which all doctors, counselors and therapists must adhere to standards of education, training, supervision and conduct. • Boards issue sanctions • You may be subject to personal liability as well
  • 14.
  • 15. Do No Harm • Iatrogenic – unintended harm caused by treatment or intervention that causes injury. Example: • Fiduciary – a special duty or obligation to care for another person, usually some one who is not able to fully care for self. Example: • Boundary Management – decisions that increase or decrease intimacy in the relationship. Example: • Conflict of Interest or Dual Relationship – having more than one role with the person. Example: employer & relative, coach & selling products
  • 16. Dual Relationships • Has a primary professional role with a person while – 1) at the same time, – 2) at an earlier time or – 3) at a later time has another type of relationship • Potential for harm might not be apparent in the moment. – Must weigh anticipated and unanticipated effects – Use supervision and a skill called “reflective awareness” to discuss boundaries and blurred boundaries or when a line has or may be crossed.
  • 17. Risks of Dual Relationships • Law suits or formal complaints, lose license • Impaired judgment or impaired decision making • Injury to self or other, including to reputation and other relationships • Loss of employment (being fired) • Charges of harassment or sexual assault • Giving preferential treatment • Using emotional abuse or other exploitation • Being exploited or otherwise harmed yourself
  • 18. Documentation • If a tree falls in the woods and no one hears it, did it really fall? • Burden of paperwork v. accountability • Future standards for fees & reimbursement • Mutual protection • Validates importance of peer-to-peer work • Confidentiality, need to know & KISS
  • 19. Supervisor Ethics • Uphold highest professional standards • Seek professional help when work or personal issues may interfere • Conduct is as a role model & Agency rep. • Reinforce zero tolerance for interactions that are not courteous, compassionate and/or professional. • Uphold vision, values & principles of wellness • Treat supervisee, colleagues, peers & clients with dignity and respect • Adhere to all standards & regulations of privacy
  • 20. Sexual Harassment • Harassment is verbal or physical conduct that demeans or shows hostility or aversion toward an individual for any reason. It is the policy of CCAR to prohibit all forms of sexual and/or other harassment in the workplace. • Harassing conduct includes: slurs, negative stereotyping, threatening language, and intimidating or hostile acts. • Sexual Harassment means any unwelcome sexual advance. – Verbal: Suggestive comments, threats, insults and jokes – Non-Verbal: Making suggestive or insulting noises, obscene gestures, whistling, and displaying derogatory or pornographic posters, cartoons or drawings. – Physical: Unwelcome touching, brushing, hugging, kissing, pinching. • It is your right to work/volunteer in an environment free from harassment. Slide 2.6
  • 21. Liability and Sexual Harassment • Harasser is always liable. • Employer is liable for harassment by supervisors and managers and quid pro quo harassment. • Supervisor or manager is liable when harassment occurs and no quick, effective action is taken. Slide 2.8
  • 22.
  • 23. A Slippery Slope • Defense Mechanisms are a signal that things are not going so great. • Pay attention to your own DMs or gut feelings. You may become defensive! • Listen for the “yes, but …” phrase – Denial – Externalizing – Rationalizing
  • 24. Stop/Look/Listen • Remember when you learned to cross the street? There were 3 simple rules: stop, look and listen. • Use your eyes, your ears, your brain and your gut. Check-in and look around before you reply. • Slow it down. You don’t have to have or give all the answers. – Say what you mean – Mean what you say – Don’t say it mean
  • 25. Types of Support • Emotional support – show empathy, caring • Informational support – give health or wellness information, educate or help acquire new skills (may be feedback or role play) • Instrumental support – concrete or “hands-on” assistance with a task or offering to help with transportation or childcare • Affiliation support – opportunity for positive social connections, learn social and recreational skills in a sober environment
  • 26. Social Emotions are Human • Checking our Own Attitudes & Feelings – Condemning – contempt, anger, disgust – Praising, gratitude – Sympathy – Compassion – Empathy – Guilt – Shame – Embarrassment – Going native
  • 27. What is My Role? • It’s not about me, it’s about you = Recovery Support – Sponsor – Counselor/Therapist – Pastor/Clergy – Nurse/Doctor – Friend/Friends with Benefits – Mentor – Companion or “Big Buddy”
  • 28. What is My Goal? • Employer expectations • Volunteer or unpaid staff person • Supportive Listener • Outreach • Education • Information • Crisis Intervention • Problem Solving
  • 29. Telling Your Story • Myths and the Classic Hero’s Story • The myth of the American West (my way) • 12 Step “sharing” and “war stories” • Goal = Experience, Strength and Hope – Who is going to feel better? – Is this a teaching moment (person receptive)? – Is it more about me than about you? – Is there a risk of harm now or in the future?
  • 30. Exercise • Think about these last few hours. Our conversation have been about change. This has the potential for a big impact on YOU, your life. – How are you feeling? – What coping skills are you using? – Where do you plan to seek out support? – Who will help you the most?

Editor's Notes

  1. Trainer’s Note: Sexual harassment can be a challenge to facilitate because it is a sensitive topic. What might seem like acceptable behavior to one person, by be highly offensive to another. When starting to review the sexual harassment section of the “Working with People” module, it is helpful to refer participants to the “Sexual Harassment Fact Sheet” handout and have participants take turns reading each item. This will help participants to have the same definitions of what constitutes sexual harassment.
  2. Trainer’s Note: To conclude the section on sexual harassment, have participants read the scenarios from the “Sexual Harassment Scenarios” exercise and then briefly discuss with participants their thoughts about the scenarios and what the proper course of action is in these scenarios. Address participants thoughts and questions about sexual harassment as they come up.