Former
Principle |
New
Principle |
What is new?
(Key terms are highlighted) |
|
Preamble |
Preamble |
New Explicit Duties:
1) "If the AAMFT Code of Ethics prescribes
a standard higher than that required by law, marriage and
family therapists must meet the higher standard of
the AAMFT Code of Ethics."
2) "Marriage and family therapists
comply with the mandates of law, but make known their
commitment to the AAMFT Code of Ethics and take steps to
resolve the conflict in a responsible manner."
Other changes:
Explanatory comments regarding the purpose of the
Code, including: standards are not exhaustive; absence of
explicit reference to specific behaviors does not mean
behavior is ethical or unethical; encouragement to seek
guidance when uncertain; the AAMFT supports legal mandates
for reporting alleged unethical conduct.
Explanatory comments regarding the
AAMFT's ethics complaint process: process is guided by
Procedures for Handling Ethical Matters, accused persons
are considered innocent until proven guilty and are
entitled to due process. |
|
1.1 |
1.1 |
New Explicit Duties:
avoid discrimination regarding age, ethnicity, socio-economic status,
disability and health status. |
|
-- |
1.2 |
New Explicit Duties:
"Marriage and family therapists obtain appropriate informed
consent to therapy or related procedures as early as feasible in the
therapeutic relationship, and use language that is reasonably
understandable to clients. The content of informed consent may vary
depending upon the client and treatment plan; however, informed consent
generally necessitates that the client: (a) has the capacity to consent;
(b) has been adequately informed of significant information concerning
treatment processes and procedures; (c) has been adequately informed of
potential risks and benefits of treatments for which generally
recognized standards do not yet exist; (d) has freely and without undue
influence expressed consent; and (e) has provided consent that is
appropriately documented. When persons, due to age or mental status, are
legally incapable of giving informed consent, marriage and family
therapists obtain informed permission from a legally authorized person,
if such substitute consent is legally permissible. |
|
1.2 |
1.3 |
New Explicit Duty: "Avoid
close personal relationships with…the client’s immediate family."
Other changes: Avoid "conditions" that could impair;
"multiple" substituted for "dual" relationships.
|
|
1.2 |
1.5 |
New Explicit Duty: "…In
an effort to avoid exploiting the trust and dependency of clients,
marriage and family therapists should not engage in sexual intimacy
with former clients after the two years following termination or last
professional contact. Should therapists engage in sexual intimacy
with former clients following two years after termination or last
professional contact, the burden shifts to the therapist to demonstrate
that there has been no exploitation or injury to the former client or to
the client’s immediate family." |
|
-- |
1.6 |
New Explicit Duty :
"Marriage and family therapists comply with applicable laws
regarding the reporting of alleged unethical conduct." |
|
1.4 |
1.8 |
Other changes: Decisions regarding
"marriage" is expanded to include: "…relationships such
as cohabitation, marriage, divorce, separation, reconciliation, custody,
and visitation." |
|
-- |
1.13 |
New Explicit Duty:
"Marriage and family therapists, upon agreeing to provide services
to a person or entity at the request of a third party, clarify,
to the extent feasible and at the outset of the service, the nature of
the relationship with each party and the limits of
confidentiality." |
|
-- |
2.1 |
New Explicit Duty: "Marriage
and family therapists disclose to clients and other interested
parties, as early as feasible in their professional contacts, the nature
of confidentiality and possible limitations of the clients’ right
to confidentiality. Therapists review with clients the circumstances
where confidential information may be requested and where disclosure of
confidential information may be legally required. Circumstances may
necessitate repeated disclosures." |
|
2.1 |
2.2 |
New Explicit Duty:
"In the context of couple, family or group treatment, the therapist
may not reveal any individual’s confidences to others in the client
unit without the prior written permission of that
individual." Other changes:
The old Principle 2.1 has been reworded as
follows:
"Marriage and family therapists do not disclose client
confidences except by written authorization or waiver, or where
mandated or permitted by law. Verbal authorization will not be
sufficient except in emergency situations, unless prohibited by law.
When providing couple, family or group treatment, the therapist does
not disclose information outside the treatment context without a
written authorization from each individual competent to execute a
waiver."
|
|
2.3 |
2.4 |
Other changes: "Marriage and
family therapists store, safeguard, and dispose of client records
in ways that maintain confidentiality and in accord with applicable
laws and professional standards." |
|
-- |
2.5 |
New Explicit Duty:
"Subsequent to the therapist moving from the area, closing the
practice, or upon the death of the therapist, a marriage and family
therapist arranges for the storage, transfer, or disposal of client
records in ways that maintain confidentiality and safeguard the
welfare of clients." |
|
-- |
2.6 |
New Explicit Duty:
"Marriage and family therapists, when consulting with colleagues
or referral sources, do not share confidential information that could
reasonably lead to the identification of a client, research participant,
supervisee, or other person with whom they have a confidential
relationship unless they have obtained the prior written consent of the
client, research participant, supervisee, or other person with whom they
have a confidential relationship. Information may be shared only to the
extent necessary to achieve the purposes of the consultation." |
|
3.4 |
3.1 |
Other changes: Old Principle 3.4 has
been reworded:
"Marriage and family therapists pursue knowledge of new
developments and maintain competence in marriage and family therapy
through education, training, or supervised experience." |
|
-- |
3.2 |
New Explicit Duty: "
…maintain adequate knowledge of and adhere to applicable laws,
ethics, and professional standards." |
|
-- |
3.4 |
New Explicit Duty:
" Marriage and family therapists do not provide services that
create a conflict of interest that may impair work performance or
clinical judgment." |
|
3.3 |
3.5 |
New Explicit Duty:
"Marriage and family therapists, as presenters, teachers,
supervisors, consultants and researchers, are dedicated to high
standards of scholarship, present accurate information, and disclose
potential conflicts of interest." |
|
-- |
3.6 |
New Explicit Duty:
"… maintain accurate and adequate clinical and financial
records." |
|
-- |
3.7 |
New Explicit Duty:
"While developing new skills in specialty areas, marriage
and family therapists take steps to ensure the competence
of their work and to protect clients from possible harm. Marriage
and family therapists practice in specialty areas new to them only after
appropriate education, training, or supervised experience." |
|
3.5 |
3.8 |
Other changes: Old Subprinciple 3.5
regarding "harassment & exploitation" has been split into
a new subprinciple 3.8 about harassment and subprinciple 3.9 about
exploitation. Subprinciple 3.8 drops protection of actual or potential
witnesses or complainants in investigations and ethical complaints. |
|
-- |
3.10 |
New Explicit Duty: "
Marriage and family therapists do not give to or receive from clients
(a) gifts of substantial value or (b) gifts that impair the
integrity or efficacy of the therapeutic relationship." |
|
-- |
3.14 |
New Explicit Duty: " To
avoid a conflict of interests, marriage and family therapists who
treat minors or adults involved in custody or visitation actions may not
also perform forensic evaluations for custody, residence, or visitation
of the minor. The marriage and family therapist who treats the minor may
provide the court or mental health professional performing the
evaluation with information about the minor from the marriage and family
therapist’s perspective as a treating marriage and family therapist,
so long as the marriage and family therapist does not violate
confidentiality." |
|
4.1 |
4.1 |
Other changes: "Dual
relationships" has been replaced with "conditions and multiple
relationships." "When a dual relationship cannot be
avoided…" has been replaced with "when the risk of
impairment or exploitation exists due to conditions or multiple
roles." |
|
-- |
4.3 |
New Explicit Duty: "Should
a supervisor engage in sexual activity with a former supervisee,
the burden of proof shifts to the supervisor to demonstrate that there
has been no exploitation or injury to the supervisee."
Other changes:
"Marriage and family therapists do not engage in sexual intimacy
with students or supervisees during the evaluative or training
relationship between the therapist and student or supervisee."
|
|
-- |
4.5 |
New Explicit Duty: "
Marriage and family therapists take reasonable measures to ensure that services
provided by supervisees are professional." |
|
4.1 |
4.6 |
New Explicit Duty regarding prior
relationships: " Marriage and family therapists avoid accepting
as supervisees or students those individuals with whom a prior or
existing relationship could compromise the therapist’s objectivity.
When such situations cannot be avoided, therapists take appropriate
precautions to maintain objectivity. Examples of such relationships
include, but are not limited to, those individuals with whom the
therapist has a current or prior sexual, close personal, immediate
familial, or therapeutic relationship." |
|
4.3 |
4.7 |
Other changes: Subprinciple 4.3
about supervisee confidences has been reworded: "Marriage
and family therapists do not disclose supervisee confidences except by
written authorization or waiver, or when mandated or permitted by law.
In educational or training settings where there are multiple
supervisors, disclosures are permitted only to other professional
colleagues, administrators, or employers who share responsibility
for training of the supervisee. Verbal authorization will not be
sufficient except in emergency situations, unless prohibited by
law." |
|
6.1 |
6.1 |
Other changes: Subprinciple 6.1 has
been expanded to include this clarification: "If the mandates of an
organization with which a marriage and family therapist is affiliated,
through employment, contract or otherwise, conflict with the AAMFT Code
of Ethics, marriage and family therapists make known to the organization
their commitment to the AAMFT Code of Ethics and attempt to resolve
the conflict in a way that allows the fullest adherence to the Code
of Ethics." |
|
-- |
6.3 |
New Explicit Duty:
"Marriage and family therapists do not accept or require authorship
credit for a publication based on research from a student’s program,
unless the therapist made a substantial contribution beyond being a
faculty advisor or research committee member. Coauthorship on a student
thesis, dissertation, or project should be determined in accordance with
principles of fairness and justice." |
|
7.1 |
7.1 |
Other changes: "Payment for
referrals" is clarified to mean: "kickbacks, rebates,
bonuses, or other remuneration for referrals" but
"fee-for-service arrangements are not prohibited." |
|
-- |
7.2 |
New Explicit Duties: "Prior
to entering into the therapeutic or supervisory relationship, marriage
and family therapists clearly disclose and explain to clients and
supervisees: (a) all financial arrangements and fees related to
professional services, including charges for canceled or missed
appointments; (b) the use of collection agencies or legal measures
for nonpayment; and (c) the procedure for obtaining payment
from the client, to the extent allowed by law, if payment is denied
by the third-party payor. Once services have begun, therapists
provide reasonable notice of any changes in fees or other
charges." |
|
-- |
7.3 |
New Explicit Duty:
"Marriage and family therapists give reasonable notice to
clients with unpaid balances of their intent to seek collection
by agency or legal recourse. When such action is taken, therapists will
not disclose clinical information." |
|
-- |
7.5 |
New Explicit Duties if barter is
engaged in: "Marriage and family therapists ordinarily refrain from
accepting goods and services from clients in return for services
rendered. Bartering for professional services may be conducted only
if: (a) the supervisee or client requests it, (b) the relationship
is not exploitative, (c) the professional relationship is not distorted,
and (d) a clear written contract is established." |
|
-- |
7.6 |
New Explicit Duty:
"Marriage and family therapists may not withhold records
under their immediate control that are requested and needed for a
client’s treatment solely because payment has not been received for
past services, except as otherwise provided by law." |
|
8.6 |
8.7 |
"Persons in their employ" reworded to "employees or
supervisees." |
|
-- |
8.5 |
New Explicit duty: In representing
their educational qualifications, marriage and family therapists list
and claim as evidence only those earned degrees:
(a) from institutions accredited by regional accreditation sources
recognized by the United States Department of Education, (b) from institutions
recognized by states or provinces that license or certify marriage and
family therapists, or (c) from equivalent foreign
institutions. |
|
8.7 |
8.8 |
Reworded to: "Marriage and family therapists do not represent
themselves as providing specialized services unless they have the
appropriate education, training, or supervised experience." |
|
8.8--8.19 |
-- |
These subprinciples, which had to do with permitted forms of
referring to the AAMFT name in advertising and public information, have
been removed from the Code, as they are not ethical principles per se.
Instead, the contents of these subprinciples, including guidelines for
using the AAMFT Clinical Member Logo, will be enforced separately as a
matter of protecting AAMFT's name and interests as an organization. Only
egregious or persistent violations of these guidelines will lead to
charges of violating the Code of Ethics itself. |
