mind the gap: ethics presentation by kaplan & havlena

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MIND THE GAP Frances Kaplan & Janice Havlena

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Page 1: Mind The Gap: Ethics presentation by Kaplan & Havlena

MIND THE GAP

Frances Kaplan & Janice Havlena

Page 2: Mind The Gap: Ethics presentation by Kaplan & Havlena

There is no ethical oversight for AATA members

who are not credentialed professionals. There is no bridge between AATA & ATCB Ethics.

Page 3: Mind The Gap: Ethics presentation by Kaplan & Havlena

BYLAWS CHANGE:ETHICS, 2009

• “The Ethics Committee shall have the responsibility to recommend and endorse the Ethical Principles for Art Therapists as adopted by the board of directors, and to recommend changes to the Ethical Principles subject to approval by the board.”

• NOTE: “Endorse” has been substituted for “implement”.

Page 4: Mind The Gap: Ethics presentation by Kaplan & Havlena

ATCB STATEMENT

“… only ATCB credential holders and those who have applied for ATCB credentials are subject to the ATCB Code of Professional Practice.”

Response to Ethics Committee, 2009

Page 5: Mind The Gap: Ethics presentation by Kaplan & Havlena

AATA BYLAWS: ETHICS(Current -unchanged)

“By applying for and accepting AATA membership in any category, each member of AATA agrees to be bound by the Ethical Principles for Art Therapists.”

Page 6: Mind The Gap: Ethics presentation by Kaplan & Havlena

Membership Categories

Credentialed Professional Member Professional Member

New Professional Member Student Member

Associate Member Retired Member Contributing Member International Member

Page 7: Mind The Gap: Ethics presentation by Kaplan & Havlena

AATA P & Ps: ETHICS (Current)

Functions of the Ethics Committee include:to “hear, investigate, and decide upon complaints of ethics violations brought to its attention and implement sanctions where necessary.”

Change in Bylaws suggests this isn’t so.

Page 8: Mind The Gap: Ethics presentation by Kaplan & Havlena

ATCB LIST OF SANCTIONSFOR CREDENTIALED ART THERAPISTS

• “Denial or suspension of eligibility for credentials for a stated period of time;

• forfeiture or revocation of registration or certification;

• suspension of registration or certification;• nonrenewal of certification; • reprimand, publication of the complaint and its

disposition, and/or other corrective action.”Email message from ATCB, 2008

Page 9: Mind The Gap: Ethics presentation by Kaplan & Havlena

These ATCB sanctions are not ones that can be applied by the AATA Ethics Committee but there are lesser sanctions that could be developed that would go a long way toward filling in the gap between AATA & ATCB ethical bodies.

WHAT CAN WE DO?There are models we could follow

Page 10: Mind The Gap: Ethics presentation by Kaplan & Havlena

B.C.A.T.A. ETHICS PROCEDURES

1. Ethics Committee investigates a complaint.2. EC determines if ethics violation has likely

occurred.3. If so determined, EC refers to an ad hoc

Disciplinary Committee.4. This second committee decides if sanctions

should be applied.

Page 11: Mind The Gap: Ethics presentation by Kaplan & Havlena

B.C.A.T.A. LIST OF SANCTIONS

• A remedial program of compulsory education and/or compulsory supervision by an agreed upon BCATR for a period not to exceed six months and/or appropriate treatment;

• A formal reprimand to be issued against the offending member;

• Revocation of BCATA membership to be imposed upon the member.

Competency, Complaints, & Disciplinar Procedures, BCATA, 2007

Page 12: Mind The Gap: Ethics presentation by Kaplan & Havlena

ADTA ETHICS PROCEDURES

1. Standards & Ethics Committee decides if complaint might have factual basis.

2. This committee then refers to Investigation Committee.

3. Investigation Committee reports back to Standards & Ethics Committee.

4. Report then sent to Executive Committee which makes final determination.

Page 13: Mind The Gap: Ethics presentation by Kaplan & Havlena

ADTA LIST OF SANCTIONS

• Reprimand or censure;• suspension of membership for a specified

period;• dismissal from membership, with leave to

reapply;• permanent expulsion.

P & Ps Governing Violations of the Code

of Ethical Practice, ADTA, 2007

Page 14: Mind The Gap: Ethics presentation by Kaplan & Havlena

If a negotiated resolution is not reached, the Ethics Chair initiates formal procedure by

1.informing in writing the Ethics Board, the ED of AMTA, the President of AMTA, the grievant, and the alleged violator of the code;

2.appointing a chair for the hearing panel.

AMTA ETHICS PROCEDURES

Page 15: Mind The Gap: Ethics presentation by Kaplan & Havlena

AMTA LIST OF SANCTIONS

• Permanent or time-limited withdrawal of membership;• rehabilitative procedures including personal therapy;• binding agreement by the MT to conform to AMTA rules;• Recommendation to National MT Registry or the Certification

Board for MTs to withdraw professional designation or credential. Current as of 12/08

Page 16: Mind The Gap: Ethics presentation by Kaplan & Havlena

ACA ETHICS PROCEDURES

1. The Ethics Committee, consisting of 9 members including co-chairs, will review evidence supplied by complainant, charged member, or others.

2. The EC will determine if ACA Code was violated based on evidence.

3. At EC’s discretion, a hearing may be called if more information is needed to make determination.

4. If violation determined, the EC will impose one or a combination of sanctions allowed.

Page 17: Mind The Gap: Ethics presentation by Kaplan & Havlena

ACA LIST OF SANCTIONS

• Remedial requirements;• probation for specified period of time;• suspension from membership• permanent expulsion from membership; • failure to complete remedial requirement is

suspension until requirement is met.• Other corrective action such as successful

completion of training, supervision, evaluation, or treatment. ACA 2005

Page 18: Mind The Gap: Ethics presentation by Kaplan & Havlena

AAMFT ETHICS COMMITTEERESPONSIBILITIES

1. Interpret AAMFT Code of Ethics to members and public.

2. Conduct investigations of alleged violations by members.

3. Resolve such allegations by mutual agreement with member or make recommendations of disciplinary action to be taken.

4. If case heard by the Judicial Committee, prosecute charges against the member.

Page 19: Mind The Gap: Ethics presentation by Kaplan & Havlena

SUMMARY1. Sister organizations have ethics procedures that

cover their non-credentialed members.2. Four out of three of the organizations reviewed

here use their Ethics Committees as gatekeepers that do preliminary reviews of complaints.

3. If the ECs of these organizations decide a complaint warrants possible sanctions, the complaint is forwarded to other committees or boards for final determination.

4. The EC of the fourth professional group, ACA, makes final determinations as well as initial reviews.

Page 20: Mind The Gap: Ethics presentation by Kaplan & Havlena

CONCLUSION• AATA does not have a structure that provides

ways to enforce AATA Ethical Principles for non-credentialed members

• We have models presented by sister organizations that could assist in closing this

ethical gap.

Page 21: Mind The Gap: Ethics presentation by Kaplan & Havlena

WHAT DO YOU AS MEMBERS

THINK SHOULD BE DONE

ABOUT THIS?