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This document was drafted in the first form on the 9th day
of November 1994, for distribution at the 3rd National EAPAA
Conference and revised in November 1995.
Preamble
The EAPAA Code of Ethics serves as a code of professional conduct
for EAPAA Members. In co-operation with employees and management,
EAPAA members' primary objective is to provide the most effective
employee assistance services to individuals and their families
suffering from personal or work related problems, which negatively
affect their work and wellbeing. The following principles are
in accord with this goal and serve as guidelines for the EAPAA
ethics committee in their efforts to educate EAPAA members regarding
ethical professional conduct.
Professional Responsibility
EAPAA members help protect employees, management and community
against unethical practices by an individual or an organisation
engaged in employee assistance program, direct treatment, or
consultation activities. When an EAPAA member knows of an apparent
ethical violation by another EAPAA member, it becomes his/her
ethical responsibility to attempt to resolve the matter by bringing
that alleged unethical behaviour to the other members' attention.
If a resolution of ethical matters between members is not achieved,
it is the responsibility of the aggrieved EAPAA member to bring
the issue to the attention of the Ethics Committee.
CONFIDENTIALITY
- EAPAA members will respect confidential business communications
of client organisations and will not disclose such information
without the client organisation's prior consent.
- EAPAA members will treat all individual client information
as confidential. Members inform clients fully about rights
regarding the scope and limitations of confidential communications
elicited during the assessment, referral and treatment process.
- They do not disclose information without clients' consent
except when failure to disclose would likely result in imminent
threat of serious bodily harm to the client or others, or
where required to do so by law.
- EAPAA members are sensitive to the way in which information
is presented to client organisations, to ensure that confidentiality
regarding individuals is not violated.
PROFESSIONAL COMPETENCY
- EAPAA members who are Employee Assistance Program (EAP)
providers shall in addition to possessing EAP clinical skills
have knowledge of work organisations, human resource management,
EAP policy and administration and local community resources.
- EAPAA members will seek to use all appropriate organisational
resources in resolving work performance problems of clients
to meet the objective of returning the employee to emotional
health and productivity.
- EAPAA members are responsible for recognising their professional
limitations and, when providing services for which they are
not competent, work only under the supervision of a qualified
person.
- EAPAA members acknowledge the necessity of continuing experience,
education, training and peer consultation to maintain and
enhance proficiency.
- Whilst membership of EAPAA may not be used to suggest professional
competency, it does suggest adherence to professional conduct
and standards.
CONSUMER PROTECTION
EAPAA members do not discriminate because of a client's race,
religion, national origin, physical handicap, gender or sexual
preference. They conduct research that respects and safeguards
the welfare of research participants. EAPAA members make full
disclosure of the functions and the purposes of the Employee
Assistance Program as well as of any affiliation with a proposed
therapist or treatment program, do not give or receive financial
consideration for referring clients to particular therapists
or treatment programs; do not engage in sexual conduct with
clients; and do not act in any manner which comprises a professional
relationship.
ASSESSMENT AND REFERRAL
Members are to make assessment and referral decisions only
within their area of specific competency and to seek consultation
or supervision when clinically indicated. At all times referral
and treatment decisions will be made with the most appropriate
intervention for the client in mind. The EAP provider maintains
responsibility for ensuring that other resources to which the
client is referred deliver the services for which the referral
is made.
PUBLIC RESPONSIBILITY AND PROFESSIONAL RELATIONS
EAPAA members agree that practitioners and client organisations
form a partnership in providing employee assistance services.
As such, members are responsible for educating and fostering
the professional development of trainees, are encouraged to
promote EAPAA to the public and to provide public statements
based on objective information and are expected to work cooperatively
within their professional communities. Co-operation within a
professional community precludes denigrating other professionals
to promote one's own interests, as well as fraudulent or grossly
misleading advertising practices and requires that one's professional
qualifications be presented to the public in an accurate and
truthful manner. EAPAA members are encouraged to assist another
member to seek treatment if that member's professional functioning
becomes impaired through the use of alcohol, drugs and/or mental
illness.
PROCEDURES FOR REVIEW OF MEMBERS' CONDUCT
Members of EAPAA shall comply with the Rules of Incorporation
and with its Code of Ethics. Any member who shall be found in
violation thereof shall be subject to investigation by the EAPAA
Ethics Committee.
- To be considered, a complaint against a member from any
source shall be submitted in writing to the President or to
the Chairperson of the Ethics Committee.
The President or the Ethics Committee Chairperson shall refer
the matter to the Ethics Committee.
If in the judgment of the Ethics Committee the complaint warrants
investigation, the Committee shall prepare a formal charge
and schedule a hearing. The charge shall state clearly the
section or sections of the Code of Ethics under which the
violation is charged, as well as the alleged conduct of the
member constituting the violation.
- A copy of the formal charge shall be delivered to the member
either in person or by registered or certified mail, and the
member shall be given not less than thirty (30) days' notice
by registered or certified mail of the time and place of the
scheduled hearing.
A closed hearing shall then be conducted by the Ethics Committee.
The member shall be entitled to be present at the hearing
and any continuation thereof, and may present oral or written
evidence.
The member may be represented in the closed proceedings by
any voting member of EAPAA in good standing.
A written summary of the proceedings shall be made. Technical
rules of evidence shall not apply.
- When the hearings have concluded, the Ethics Committee shall
determine if a violation has occurred and within thirty (30)
days shall prepare a written confidential report for the Executive
Committee with their findings.The Ethics Committee report
shall recommend action: to dismiss the complaint; to ask that
certain recommendations be undertaken immediately; to request
a letter of resignation; to censure, suspend or expel the
member; or any combination of these actions.
- The Executive Committee shall no later than its next scheduled
meeting, act upon the report and the recommendations of the
Ethics Committee.
The member shall be informed promptly by registered or certified
mail of the action of the Executive Committee.
- The findings of fact of the Ethics Committee shall be conclusive.
However, the member may appeal to the Executive Committee
concerning the interpretation of the facts or the proposed
penalty. The member may request permission to appear before
the Executive Committee and, if such permission is so desired,
to present arguments. The Executive Committee shall have the
right to impose reasonable time limitation upon such a presentation.
The Executive Committee's final decision shall be conveyed
promptly by registered or certified mail to the member.
- Any member who resigns, fails to maintain his/her membership
during the duration of these procedures or is expelled, shall
be eligible to reapply for membership only upon conditions,
if any, specified by the Executive Committee.
- For the convenience of EAPAA, the President may agree to
accept the member's resignation as an alternative to these
procedures.
Appendix A
The following chart provides a procedural guideline for addressing
alleged ethics violations.
RESPONSIBILITY TASK/OBJECTIVES COMPLETION DATE
- Complainant Specify facts in writing to President or Chairperson
Ethics Committee
- President/Chair Refer matter to Ethics Committee Within
7 Days
- Ethics Committee Makes judgment Within 30 Days
- If hearing warranted, formal charge prepared and hearing
scheduled
- Member informed
- Ethics Committee Conduct closed hearing Within 30 Days
- Written summary made
- Determine if violation has occurred
- Written report and recommendations for Executive Committee
- Executive Committee Action taken by next scheduled meeting
- Member May appeal to Executive Committee Within 14 Days
- Resign
- Take appropriate action to correct
- Executive Committee Appeal upheld
- Appeal not upheld
- Decision is final
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