La. Admin. Code tit. 46 § LX-2117

Current through Register Vol. 50, No. 11, November 20, 2024

Section LX-2117 - Resolving Ethical Issues

A. Licensees behave in a legal, ethical, and moral manner in the conduct of their professional work. They are aware that client protection and trust in the profession depend on a high level of professional conduct. They hold other licensees to the same standards and are willing to take appropriate action to ensure that these standards are upheld. Licensees strive to resolve ethical dilemmas with direct and open communication among all parties involved and seek consultation with colleagues and supervisors when necessary. Licensees incorporate ethical practice into their daily professional work. They engage in ongoing professional development regarding current topics in ethical and legal issues in counseling.

1. Standards and the Law

a. Knowledge. Licensees understand the ACA code of conduct and other applicable ethics codes from other professional organizations or from certification and licensure bodies of which they are members. Lack of knowledge or misunderstanding of an ethical responsibility is not a defense against a charge of unethical conduct.

b. Conflicts between Ethics and Laws. If ethical responsibilities conflict with law, regulations, or other governing legal authority, licensees make known their commitment to the code of conduct and standards of practice and take steps to resolve the conflict. If the conflict cannot be resolved by such means, licensees may adhere to the requirements of law, regulations, or other governing legal authority.

2. Suspected Violations

a. Ethical Behavior Expected. Licensees expect colleagues to adhere to the code of conduct and standards of practice. When licensees possess knowledge that raises doubts as to whether another licensee is acting in an ethical manner, they take appropriate action.

b. Informal Resolution. When licensees have reason to believe that another licensee is violating or has violated an ethical standard, they attempt first to resolve the issue informally with the other licensee, if feasible, provided such action does not violate confidentiality rights that may be involved.

c. Reporting Ethical Violations. If an apparent violation has substantially harmed, or is likely to substantially harm a person or organization and is not appropriate for informal resolution or is not resolved properly, licensees take further action appropriate to the situation. Such action might include referral to state or national committees on professional ethics, voluntary national certification bodies, state licensing boards, or to the appropriate institutional authorities. This standard does not apply when an intervention would violate confidentiality rights or when licensees have been retained to review the work of another licensee whose professional conduct is in question.

d. Consultation. When uncertain as to whether a particular situation or course of action may be in violation of the code of conduct, licensees consult with other licensees who are knowledgeable about ethics and the code of conduct, with colleagues, or with appropriate authorities

e. Organizational Conflicts. If the demands of an organization with which licensees are affiliated pose a conflict with the code of conduct, licensees specify the nature of such conflicts and express to their supervisors or other responsible officials their commitment to the code of conduct. When possible, licensees work toward change within the organization to allow full adherence to the Code of Conduct of Ethics. In doing so, they address any confidentiality issues.

f. Unwarranted Complaints. Licensees do not initiate, participate in, or encourage the filing of ethics complaints that are made with reckless disregard or willful ignorance of facts that would disprove the allegation.

g. Unfair Discrimination against Complainants and Respondents. Licensees do not deny persons employment, advancement, admission to academic or other programs, tenure, or promotion based solely upon their having made or their being the subject of an ethics complaint. This does not preclude taking action based upon the outcome of such proceedings or considering other appropriate information.

3. Cooperation with Ethics Committees

a. Licensees assist in the process of enforcing the code of conduct. Licensees cooperate with investigations, proceedings, and requirements of the LPC Board disciplinary committee. Licensees are familiar with the code of conduct as established by the LPC Board and the professional and occupational standards and procedures for processing complaints of ethical violations as it pertains to the enforcement of the code of conduct and standards of practice.

La. Admin. Code tit. 46, § LX-2117

Promulgated by the Department of Health and Hospitals, Licensed Professional Counselors Board of Examiners, LR 15:626 (August 1989), amended LR 24:447 (March 1998), LR 29:151 (February 2003), LR 39:1805 (July 2013), LR 41736 (4/1/2015).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1101-1123.