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CODE OF ETHICS
EFFECTIVE JULY 1, 2012
PREAMBLE
The Board of Directors of the American Association for Marriage and Family Therapy (AAMFT) hereby promulgates, pursuant to Article 2, Section 2.01.3 of the Association's Bylaws, the Revised AAMFT Code of Ethics, effective July 1, 2012.
The AAMFT strives to honor the public trust in marriage and family therapists by setting standards for ethical practice as de- scribed in this Code. The ethical standards define professional expectations and are enforced by the AAMFT Ethics Committee. The absence of an explicit reference to a specific behavior or situation in the Code does not mean that the behavior is ethical or unethical. The standards are not exhaustive. Marriage and family therapists who are uncertain about the ethics of a particular course of action are encouraged to seek counsel from consultants, attor- neys, supervisors, colleagues, or other appropriate authorities.
Both law and ethics govern the practice of marriage and family therapy. When making decisions regarding professional behavior, marriage and family therapists must consider the AAMFT Code of Ethics and applicable laws and regulations. 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. Marriage and family therapists com- ply with the mandates of law, but make known their commitment to the AAMFT Code of Ethics and take steps to resolve the con- flict in a responsible manner. The AAMFT supports legal man- dates for reporting of alleged unethical conduct.
The AAMFT Code of Ethics is binding on members of AAMFT in all membership categories, all AAMFT Approved Supervisors and all applicants for membership or the Approved Supervisor desig- nation. AAMFT members have an obligation to be familiar with the AAMFT Code of Ethics and its application to their profession- al services. Lack of awareness or misunderstanding of an ethical standard is not a defense to a charge of unethical conduct.
The process for filing, investigating, and resolving complaints of unethical conduct is described in the current AAMFT Procedures for Handling Ethical Matters. Persons accused are considered innocent by the Ethics Committee until proven guilty, except as otherwise provided, and are entitled to due process. If an AAMFT member resigns in anticipation of, or during the course of, an ethics investigation, the Ethics Committee will complete its inves- tigation. Any publication of action taken by the Association will include the fact that the member attempted to resign during the investigation.
PRINCIPLE I
RESPONSIBILITY TO CLIENTS
1. RESPONSIBILITY TO CLIENTS
Marriage and family therapists advance the welfare of families and individuals. They respect the rights of those persons seeking their assistance, and make reasonable efforts to ensure that their services are used appropriately.
1.1 Non-Discrimination. Marriage and family therapists provide professional assistance to persons without discrimination on the basis of race, age, ethnicity, socioeconomic status, disability, gender, health status, religion, national origin, sexual orientation, gender identity or relationship status.
1.2 Informed Consent. Marriage and family therapists obtain appropriate informed consent to therapy or related procedures 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 necessi-
tates that the client: (a) has the capacity to consent; (b) has been adequately informed of significant information concerning treat- ment 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.
1.3 Multiple Relationships. Marriage and family therapists are aware of their influential positions with respect to clients, and they avoid exploiting the trust and dependency of such persons. Thera- pists, therefore, make every effort to avoid conditions and multiple relationships with clients that could impair professional judgment or increase the risk of exploitation. Such relationships include, but are not limited to, business or close personal relationships with a client or the client’s immediate family. When the risk of impair- ment or exploitation exists due to conditions or multiple roles, therapists document the appropriate precautions taken.
1.4 Sexual Intimacy with Current Clients and Others. Sexual intimacy with current clients, or their spouses or partners is pro- hibited. Engaging in sexual intimacy with individuals who are known to be close relatives, guardians or significant others of current clients is prohibited.
1.5 Sexual Intimacy with Former Clients and Others. Sexual intimacy with former clients, their spouses or partners, or individ- uals who are known to be close relatives, guardians or significant others of clients is likely to be harmful and is therefore prohibited for two years following the termination of therapy or last profes- sional contact. After the two years following the last professional contact or termination, 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, or their spouses or partners. If therapists engage in sexual intimacy with former cli- ents, or their spouses or partners, more than two years after termi- nation or last professional contact, the burden shifts to the thera- pist to demonstrate that there has been no exploitation or injury to the former client, or their spouse or partner.
1.6 Reports of Unethical Conduct. Marriage and family thera- pists comply with applicable laws regarding the reporting of al- leged unethical conduct.
1.7 No Furthering of Own Interests. Marriage and family thera- pists do not use their professional relationships with clients to further their own interests.
1.8 Client Autonomy in Decision Making. Marriage and family therapists respect the rights of clients to make decisions and help them to understand the consequences of these decisions. Thera- pists clearly advise clients that clients have the responsibility to make decisions regarding relationships such as cohabitation, mar- riage, divorce, separation, reconciliation, custody, and visitation.
1.9 Relationship Beneficial to Client. Marriage and family ther- apists continue therapeutic relationships only so long as it is rea- sonably clear that clients are benefiting from the relationship.
1.10 Referrals. Marriage and family therapists assist persons in obtaining other therapeutic services if the therapist is unable or unwilling, for appropriate reasons, to provide professional help.
1.11 Non-Abandonment. Marriage and family therapists do not abandon or neglect clients in treatment without making reasonable arrangements for the continuation of treatment.
1.12 Written Consent to Record. Marriage and family therapists obtain written informed consent from clients before videotaping, audio recording, or permitting third-party observation.
1.13 Relationships with Third Parties. 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.
1.14 Electronic Therapy. Prior to commencing therapy services through electronic means (including but not limited to phone and Internet), marriage and family therapists ensure that they are com- pliant with all relevant laws for the delivery of such services. Additionally, marriage and family therapists must: (a) determine that electronic therapy is appropriate for clients, taking into ac- count the clients’ intellectual, emotional, and physical needs; (b) inform clients of the potential risks and benefits associated with electronic therapy; (c) ensure the security of their communication medium; and (d) only commence electronic therapy after appro- priate education, training, or supervised experience using the relevant technology.
PRINCIPLE II
CONFIDENTIALITY
2. CONFIDENTIALITY
Marriage and family therapists have unique confidentiality con- cerns because the client in a therapeutic relationship may be more than one person. Therapists respect and guard the confidences of each individual client.
2.1 Disclosing Limits of Confidentiality. Marriage and family therapists disclose to clients and other interested parties, as early as feasible in their professional contacts, the nature of confidenti- ality and possible limitations of the clients’ right to confidentiality. Therapists review with clients the circumstances where confiden- tial information may be requested and where disclosure of confi- dential information may be legally required. Circumstances may necessitate repeated disclosures.
2.2 Written Authorization to Release Client Information. 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 ex- cept 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 writ- ten authorization from each individual competent to execute a waiver. 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 individ- ual.
2.3 Confidentiality in Non-Clinical Activities. Marriage and family therapists use client and/or clinical materials in teaching, writing, consulting, research, and public presentations only if a written waiver has been obtained in accordance with Subprinciple 2.2, or when appropriate steps have been taken to protect client identity and confidentiality.
2.4 Protection of Records. 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 Preparation for Practice Changes. In preparation for mov- ing from the area, closing a practice, or death, marriage and family therapists arrange for the storage, transfer, or disposal of client records in conformance with applicable laws and in ways that maintain confidentiality and safeguard the welfare of clients.
2.6 Confidentiality in Consultations. Marriage and family ther- apists, 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.
2.7 Protection of Electronic Information. When using electron- ic methods for communication, billing, recordkeeping, or other elements of client care, marriage and family therapists ensure that their electronic data storage and communications are privacy protected consistent with all applicable law.
PRINCIPLE III
PROFESSIONAL COMPETENCE AND
INTEGRITY
3. PROFESSIONAL COMPETENCE AND INTEGRITY
Marriage and family therapists maintain high standards of profes- sional competence and integrity.
3.1 Maintenance of Competency. Marriage and family therapists pursue knowledge of new developments and maintain their com- petence in marriage and family therapy through education, train- ing, or supervised experience.
3.2 Knowledge of Regulatory Standards. Marriage and family therapists maintain adequate knowledge of and adhere to applica- ble laws, ethics, and professional standards.
3.3 Seek Assistance. Marriage and family therapists seek appro- priate professional assistance for their personal problems or con- flicts that may impair work performance or clinical judgment.
3.4 Conflicts of Interest. Marriage and family therapists do not provide services that create a conflict of interest that may impair work performance or clinical judgment.
3.5 Veracity of Scholarship. Marriage and family therapists, as presenters, teachers, supervisors, consultants and researchers, are dedicated to high standards of scholarship, present accurate infor- mation, and disclose potential conflicts of interest.
3.6 Maintenance of Records. Marriage and family therapists maintain accurate and adequate clinical and financial records in accordance with applicable law.
3.7 Development of New Skills. 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 super- vised experience.
3.8 Harassment. Marriage and family therapists do not engage in sexual or other forms of harassment of clients, students, trainees, supervisees, employees, colleagues, or research subjects.
3.9 Exploitation. Marriage and family therapists do not engage in the exploitation of clients, students, trainees, supervisees, employ- ees, colleagues, or research subjects.
3.10 Gifts. Marriage and family therapists do not give to or re- ceive from clients (a) gifts of substantial value or (b) gifts that impair the integrity or efficacy of the therapeutic relationship.
3.11 Scope of Competence. Marriage and family therapists do not diagnose, treat, or advise on problems outside the recognized boundaries of their competencies.
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 commit- ment 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.
6.2 Publication Authorship. Marriage and family therapists assign publication credit to those who have contributed to a publi- cation in proportion to their contributions and in accordance with customary professional publication practices.
6.3 Authorship of Student Work. Marriage and family thera- pists 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. Co-authorship on a student thesis, dissertation, or project should be determined in accordance with principles of fairness and justice.
6.4 Plagiarism. Marriage and family therapists who are the au- thors of books or other materials that are published or distributed do not plagiarize or fail to cite persons to whom credit for original ideas or work is due.
6.5 Accuracy in Publication and Advertising. Marriage and family therapists who are the authors of books or other materials published or distributed by an organization take reasonable pre- cautions to ensure that the organization promotes and advertises the materials accurately and factually.
6.6 Pro Bono. Marriage and family therapists participate in activ- ities that contribute to a better community and society, including devoting a portion of their professional activity to services for which there is little or no financial return.
6.7 Advocacy. Marriage and family therapists are concerned with developing laws and regulations pertaining to marriage and family therapy that serve the public interest, and with altering such laws and regulations that are not in the public interest.
6.8 Public Participation. Marriage and family therapists encour- age public participation in the design and delivery of professional services and in the regulation of practitioners.
PRINCIPLE VII
FINANCIAL ARRANGEMENTS
7. FINANCIAL ARRANGEMENTS
Marriage and family therapists make financial arrangements with clients, third-party payors, and supervisees that are reasonably understandable and conform to accepted professional practices.
7.1 Financial Integrity. Marriage and family therapists do not offer or accept kickbacks, rebates, bonuses, or other remuneration for referrals; fee-for-service arrangements are not prohibited.
7.2 Disclosure of Financial Policies. Prior to entering into the therapeutic or supervisory relationship, marriage and family thera- pists 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 Notice of Payment Recovery Procedures. Marriage and family therapists give reasonable notice to clients with unpaid balances of their intent to seek collection by agency or legal re- course. When such action is taken, therapists will not disclose clinical information.
7.4 Truthful Representation of Services. Marriage and family therapists represent facts truthfully to clients, third-party payors, and supervisees regarding services rendered.
7.5 Bartering. Marriage and family therapists ordinarily refrain from accepting goods and services from clients in return for ser- vices rendered. Bartering for professional services may be con- ducted only if: (a) the supervisee or client requests it; (b) the rela- tionship is not exploitative; (c) the professional relationship is not distorted; and (d) a clear written contract is established.
7.6 Withholding Records for Non-Payment. Marriage and family therapists may not withhold records under their immediate control that are requested and needed for a client’s treatment sole- ly because payment has not been received for past services, except as otherwise provided by law.
PRINCIPLE VIII
ADVERTISING
8. ADVERTISING
Marriage and family therapists engage in appropriate informa- tional activities, including those that enable the public, referral sources, or others to choose professional services on an informed basis.
8.1 Accurate Professional Representation. Marriage and family therapists accurately represent their competencies, education, training, and experience relevant to their practice of marriage and family therapy.
8.2 Promotional Materials. Marriage and family therapists en- sure that advertisements and publications in any media (such as directories, announcements, business cards, newspapers, radio, television, Internet, and facsimiles) convey information that is necessary for the public to make an appropriate selection of pro- fessional services and consistent with applicable law.
8.3 Professional Affiliations. Marriage and family therapists do not use names that could mislead the public concerning the identi- ty, responsibility, source, and status of those practicing under that name, and do not hold themselves out as being partners or associ- ates of a firm if they are not.
8.4 Professional Identification. Marriage and family therapists do not use any professional identification (such as a business card, office sign, letterhead, Internet, or telephone or association direc- tory listing) if it includes a statement or claim that is false, fraudu- lent, misleading, or deceptive.
8.5 Educational Credentials. In representing their educational qualifications, marriage and family therapists list and claim as evidence only those earned degrees: (a) from institutions accredit- ed by regional accreditation sources; (b) from institutions recog- nized by states or provinces that license or certify marriage and family therapists; or (c) from equivalent foreign institutions.
8.6 Correction of Misinformation. Marriage and family thera- pists correct, wherever possible, false, misleading, or inaccurate information and representations made by others concerning the therapist's qualifications, services, or products.
8.7 Employee or Supervisee Qualifications. Marriage and fami- ly therapists make certain that the qualifications of their employ- ees or supervisees are represented in a manner that is not false, misleading, or deceptive.
8.8 Specialization. Marriage and family therapists do not repre- sent themselves as providing specialized services unless they have the appropriate education, training, or supervised experience.
