Carl L. Marshall, M.Ed., CRC, LPC Bellevue Park Associates 2304 Bellevue Road Harrisburg, PA 17104

1. Interacting with Employers - Ethical Considerations for Rehabilitation Professionals and Case Managers Carl L. Marshall, M.Ed., CRC, LPC Bellevue Park Associates 2304 Bellevue Road Harrisburg, PA 17104 717-238-3414 cmarshall2304@verizon.net Creating A New Beginning Rev.9-11

2. Learning Objectives • To gain basic knowledge, insight & purpose of ethics in the rehabilitation profession • To better understand ethical principles that support courses of action • To better understand ethical issues when representing multiple customers • To focus on & discuss employment-related ethical issues

3. Why haveEthical Codes? • To define accepted/acceptable behaviors • To promote high standards of practice • To provide a benchmark for members to use for self evaluation • To establish a framework for professional behavior and responsibilities • To help define the profession

4. Ethics is not Common Sense • Common sense is not all that common! • Common sense can be helpful. • Rationalization can be a trap. • Ethics is easier said than done.* * Josephson Institute 1991

5. Definitions • Ethics: Standards of conduct for a specific profession that include how one should behave based on moral duties and virtues • Laws: A rule or set of rules enforceable by the courts and legal system • Values: Core beliefs or desires that guide or motivate attitudes and actions • Moral Behavior: Obligation to act according to moral principles. Moral duties establish the minimal standards of ethical conduct

6. CRC & CCM Codes • CODE OF PROFESSIONAL ETHICSFOR REHABILITATION COUNSELORS * www.crccertification.com * Home Study Program * Effective as of January 1, 2010 • CODE OF PROFESSIONAL CONDUCT FOR CASE MANAGERS * www.cmccertification.org * Effective as of January 1, 2009

7. Ethical Principles • Autonomy: A freedom of choice. The responsibility for one’s own behavior. • Nonmaleficence: Do no harm to others. • Beneficence: The concept of doing good to our customers. • Justice: Treating individuals equally. Being fair.

8. Ethical Principles • Fidelity: Keeping your promise, being faithful. …………………………………………………………………………………………………. • Veracity: To be honest (new in CRCC) • Confidentiality: An ethical and legal responsibility of professionals to safeguard information about customers.

9. Communication Rehabilitation & case manager professionals will be held to the same level of expected behavior as defined by the CRC & CCM Code of Ethics regardless of the form of communication they choose to use. What forms of communication are available to counselors?

10. Communication Methods? • Face-to-face, one-to-one • Group sessions • Cellular phones • Electronic mail • Fax machine • Web Counseling

11. Ethical Decision Making-Rational Model* • Identify the problem or dilemma • Identify the nature, potential issues, and dimensions of the dilemma • Review and apply the CRC Code of Ethics • Know the applicable laws and regulations • Obtain consultation * Corey, Corey and Haynes, 1998

12. Ethical Decision Making-Rational Model* • Consider possible and potential courses of action • Consider the potential consequences of all options • Determine and implement the best course of action * Corey, Corey and Haynes, 1998

13. Characteristics of an Ethical Dilemma • A choice must be made between two or more courses of action. • There are significant consequences for taking each course of action. • Each of the courses of action can be supported by one or more ethical principles. • The ethical principles supporting the unchosen courses of action will be compromised.

14. Case Studies

15. A Gift from the Heart You have just closed a case on an employee that you have been working with for nearly two years. During this time you have established a strong rapport with her long-time employer who has always been supportive of her rehabilitation plan. To show their appreciation for your invaluable advice and service, the employer has sent a large gift basket to your home. What do you do?

16. Making the Best Choice While at work Nick severely injured his lower left leg and foot when a steel plate slipped off a forklift. Nick has been an excellent employee since being hired 6 years ago. Nick wants to get back to work ASAP because he is the sole support for his family. His employer is anxious to have him return as soon as possible. As the workers’ compensation carrier case manager you must refer the injured worker for a comprehensive evaluation and a return-to-work plan. You generally refer your clients to a qualified orthopedic specialist who is known to expedite reports and get the employee back to work, thus saving insurance costs.

17. Making the Best Choice The injured worker has hired a “controlling” attorney who is insisting on a referral to another qualified orthopedic specialist who can’t provide a comprehensive evaluation for 2 months and is generally slow in completing his reports. The attorney has instructed Nick to no longer communicate directly with you. You found it much easier to communicate with Nick than his attorney and you have a good rapport with his employer. What are the ethical issues? How would you resolve these concerns?

18. Boss Wants to Know Barry who has a spinal cord injury works for a law firm as a paralegal for over ten years. He was given an ultimatum to receive addiction treatment as a condition of continued employment due to his history of reporting to work late, not meeting deadlines, sloppy work, and admitted abuse of alcohol in the workplace. His work-related medical insurance did not cover Barry’s in-patient and follow-up treatment that was paid for by county and state agencies. As Barry’s case manager, his boss (an attorney) sent you a letter requesting to meet with you to discuss Barry’s current status…and requested copies of Barry’s treatment records and your counseling sessions. He is sincerely concerned for Barry’s welfare and wants him to succeed upon his return to work. What do you do?

19. Who is Your Customer? Annette calls you for advice regarding an employee’s work and accommodation. You know Annette to be a good manager who goes out of her way to treat her staff fairly. Matt is a 42 year old hard-working accounting clerk with 12 years experience at the firm. He was diagnosed 9 years ago with Multiple Sclerosis, a degenerative disease that causes him fatigue, a weakening of arm & leg muscles, and bladder control issues. On occasion he uses an oxygen tank and motorized scooter at work to increase endurance. The company has equipped Matt’s office with a cot that allows him to take regular breaks and even naps.

20. Who is Your Customer? Recently, Matt’s MS has flared more often and intensively resulting in extensive regular absenteeism. Over recent months the company has purchased improved technology that enabled other staff to master Matt’s duties. They are so efficient covering his absences that Matt has very little catch-up upon his returns to work. Annette claims that if Matt were to terminate his job (on disability or not) that the department could absorb his workload and no replacement would be needed. Annette wants to do the “right” thing regarding Matt and the company and asks for your guidance. What are your thoughts?

21. Its All About Carrots After seeing a newspaper “Help Wanted” ad you make a cold call to the employer regarding several ready-to-work clients you are promoting. As part of your presentation you include information about the various tax incentives and financial advantages to hiring persons with disabilities. The employer’s primary interest seems to be about how to get these new sources of income, not the job candidates. He indicates that he has entry level positions that would be great for “handicapped people.” You know your clients can successfully complete the advertised job duties and want to work. Should you continue with this employer? What ethical issues should you anticipate? What should you do?

22. Wrap-up & Questions

23. Thank You ! Carl L. Marshall, M.Ed., CRC, LPC Bellevue Park Associates 2304 Bellevue Road Harrisburg, PA 17104 717-238-3414 cmarshall2304@verizon.net Creating A New Beginning Not to be reproduced without permission of Bellevue Park Associates