NAADAC Ethics: Key Concepts and Considerations

Ethical Standards Considerations

Autonomy: Allowing individuals the freedom to make their own choices.
Obedience: Observing and adhering to legal and ethical directives.
Conscientious Refusal: Refusing to carry out directives that are illegal or unethical.
Beneficence: Helping others.
Gratitude: Passing along the good received to others.
Competence: Possessing the necessary skills and knowledge for the chosen discipline and staying current with treatment modalities, theories, and techniques.
Justice: Treating others fairly and equally.
Stewardship: Using available resources judiciously and conscientiously; giving back.
Honesty and Candor: Truthfulness in all dealings with clients, colleagues, business associates, and the community.
Fidelity: Being true to your word; keeping promises and commitments.
Loyalty: Not abandoning those with whom you work.
Diligence: Working hard in the chosen profession; being mindful, careful, and thorough in service delivery.
Discretion: Using good judgment; honoring confidentiality and the privacy of others.
Self-improvement: Working on professional and personal growth.
Non-malfeasance: Doing no harm to the interests of the client.
Restitution: Making amends to those who have been harmed or injured, when necessary.
Self-interest: Protecting yourself and your personal interests.

Informed consent should include explicit explanations regarding:

The nature of all services to be provided and methodologies/theories typically used.
Purposes, goals, techniques, procedures, limitations, potential risks, and benefits of services.
The addiction professional’s qualifications, credentials, relevant experience, and approach to counseling.
Right to confidentiality and explanation of its limits, including duty to warn.
Policies regarding continuation of services upon the incapacitation or death of the counselor.
The role of technology, including boundaries around electronic transmissions with clients and social networking.
Implications of diagnosis and the intended use of tests and reports.
Fees and billing, nonpayment, and policies for collecting nonpayment.
Specifics about clinical supervision and consultation.
Their right to refuse services.
Their right to refuse to be treated by a person-in-training without fear of retribution.

Addiction professionals must not engage in any criminal activity.

Violations of the Code include:

Failure to disclose conviction of any felony.
Failure to disclose conviction of any misdemeanor related to their qualifications or functions as an Addiction Professional.
Engaging in conduct which could lead to conviction of a felony or misdemeanor related to their qualifications or functions as an Addiction Professional.
Expulsion from or discipline by other professional organizations.
Suspension or revocation of licenses or certificates, or other discipline by regulatory bodies.
Continuing to practice addiction counseling while impaired due to physical or mental causes.
Continuing to practice addiction counseling while impaired due to abuse of alcohol or other drugs.
Continuing to identify themselves as a certified or licensed addiction professional after being denied certification or licensure, or allowing their certification or license to lapse.
Failure to cooperate with the NAADAC or NCC AP Ethics Committees during an ethics complaint.

Ethical concerns rated according to precedence:

Failure to Consult: A subcategory of negligence; all parties involved can be held legally liable. Mandated by federal law to provide ethical treatment. Seek professional consultation when questions arise about aligning services with ethical and legal requirements.
HIPAA and PHI: Information communicated is privileged and confidential.
Disclosure and Redisclosure: Federal Regulation (CFR 42 Part 2) prohibits further disclosure without specific written consent, or as otherwise permitted by regulations.

Duty to Warn: Supersedes confidentiality; notify medical personnel or police if information reveals a clear danger to the client or others.
Duty to Protect: Applied to suicidal ideation with tendencies to act. Liability occurs if failure to diagnose, abandonment of client, counselor assisted suicide by encouraging misuse of medication, or counselor inaction contributed to the suicide.

Reporting requirements in New Mexico:

Professionals required to report: physicians, law enforcement, nurses, teachers, social workers, clergy.
Every person with reasonable suspicion of child abuse or neglect shall report the matter immediately.
A report is required when a person knows or has a reasonable suspicion that a child is abused or neglected.
Privileged Communications: A clergy member need not report any information that is privileged. Reports are not excluded due to physician-patient privilege or similar rules against disclosure.