Code of Ethics
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