2. Use of technology
by counselors
• is increasing
• presents unique
ethical dilemmas
(NBCC Policy, 2013)
3. Presentation Outline
1. History of Technology Use in Counseling
2. Digital Types
3. Social Media
4. Ethics - Counselor Self Disclosure
5. Emailing & Texting Clients – Privacy &
Security
6. Social Media Policies
7. Clinical Supervision & Technology
4. Ethics codes cannot do our questioning, thinking, feeling,
and responding for us. Such codes can never be a
substitute for the active process by which the individual
therapist or counselor struggles with the sometimes
bewildering, always unique constellation of questions,
responsibilities, contexts, and competing demands of
helping another person. Ethics must be practical. Clinicians
confront an almost unimaginable diversity of situations,
each with its own shifting questions, demands, and
responsibilities. Every clinician is unique in important
ways. Every client is unique in important ways. Ethics that
are out of touch with the practical realities of clinical
work, with the diversity and constantly changing nature of
the therapeutic venture, are useless.
(Pope & Vasquez, 1998, xiii–xiv)
8. 3 waves in the
advancement of technology
(McMinn, Buchanan, Ellens, & Ryan, 1999)
9. 1. Fax machines, Word processors, answering
machines, and voice mail machines
In 1999, experts predicted advances in
technology for therapists/counselors
(McMinn, Buchanan, Ellens, & Ryan, 1999)
2. Enhancement of test administration,
scoring, and interpretation
3. Use of telephone, e-mail, and chat rooms
10. Did we have ethical codes
regarding using fax machines
or voice mail ten to fifteen
years ago?
AND NOW…..
12. … and its Creeping into clinical practice
(Mishna et al., 2012)
13. Technology ‘Creep’
• Lack of literature and research to
provide guidance
• Technology may be used as part of the
‘Therapeutic Exchange’
and then WHAT?
– Documentation of the exchange
– Guidelines for the exchange
(Gabbard et al., 2011; Mishna et al., 2012)
15. “Why did I not see this coming?”
(Crowley & Gottlieb, 2012)
16. Some professionals are….
…ethically astute but
struggle to keep up
with the technology. …comfortable with
technology but less familiar
with ethical codes.
(Lannin & Scott, 2013)
17. ‘Adapting to the
new culture wisely will necessarily
involve both understanding the
ethical principles themselves as
well as developing competence
in the technology of the
burgeoning digital culture.’
(Lannin & Scott, 2013)
22. Like all immigrants… as Digital Immigrants
learn to adapt to their environment, they
retain, to some degree, their ‘accent’ …
What is your
digital accent?
(Prensky, 2001)
26. Digital Immigrants Digital Natives
• Prefer to talk in-person or
on the phone
• Prefer to talk via chat, text, or
messaging thru social media
• Don’t text or only sparingly • Text more than call
• Prefer synchronous
communication
• Prefer asynchronous
communication
• Prefer receiving information
slowly: linearly, logically, &
sequentially
• Prefer receiving information quickly
& simultaneously from multiple
multimedia & other sources
• Prefer reading text (i.e.,
books) on processing
pictures, sounds & video
• Prefer processing /interacting with
pictures, graphics, sounds & video
before text
Comparison of Digital Types
(Zur & Zur, 2011; Rosen, 2010; Prennsky, 2001)
27. Other Digital Types
Ways to sort people other than age
• Attitudes
• Comprehension
• Relationships
• Practices
• Comfort with technology
(Feeney, 2010; Toledo, 2007)
28. Avoiders
• ‘Luddites’ - true avoiders of modern
technologies
• Use landlines; avoid email and the Internet
• Newspapers arrive via carrier, not Internet
server
• Can be old digital immigrants who cannot
relate to modern technology
• Can be digital natives who some may call
‘Neo-Luddites’ - philosophically oppose the
use of the Internet and other modern online
technologies (Feeney, 2010; Toledo, 2007)
29. Minimalists
• Use technology reluctantly
• Could be digital immigrant-reluctant
adopters or digital native minimalists
• Have an email account and probably a
Facebook profile but do not check them
regularly
• Have a cellphone, but do not need or desire
to be online via the phone
• No smartphones are necessary/wanted
• Reads the newspaper in paper form
(Feeney, 2010; Toledo, 2007)
30. Tourists
• Visitors in the digital world
• Pay attention to the 'local' or 'native' digital
culture, learn its language, observe its
rituals, and comprehend its complexities
• Keep internal distance from technology even
though they tend to use it appropriately and
effectively, as needed, but not extensively
• Stays internally non-digital in regard to
preferences and values
(Feeney, 2010; Toledo, 2007)
31. Enthusiastic or Eager Adopters
• Have fun with technology
• Enjoy the latest smart phone & tablet
• Ready & excited to try out the product of a
friend & enjoy the process
• Participate in online discussions via
Facebook, news sites, blogs, or online
education
• Write online content themselves
• Check email & online throughout the day
• Get their news online, not via print
(Feeney, 2010; Toledo, 2007)
32. Innovators
• Are not only enthusiastic, they work with
technology to improve it
• This group includes game developers,
programmers, engineers, technology
writers, professors, and hackers
(Feeney, 2010; Toledo, 2007)
33. Digital Over-Users/Problematic Users
• Heavily dependent on technology to occupy their
time….many of them are gamers
• Excessive internet use for gaming, porn, social
networking, gambling, etc
• Extremely protective of their "right" to be online
• Can become upset, irate, and even violent if
technology is not available
• Lives are significantly, negatively affected by their
excessive use of digital technologies
(Feeney, 2010; Toledo, 2007)
34. 75% of SUD treatment workforce
is over the age of 40
(Knudsen, 2003)
35. Average age of Clinical Directors is 52…
60%are over the age of 50
(Ryan, Murphy, & Krom, 2012)
36. (Ryan, Murphy, & Krom, 2012)
Almost one-third of clinical directors
report that they are only somewhat
proficient in web-based technologies
37. Almost 70% of individuals who received SUD
services were under the age of 40
( TEDs Data; SAMHSA, 2011)
41. Social media is a broad term
that refers to online forms of
communicating that any individual
can employ as opposed to
‘industrial media’ which refers to
professionally-produced radio,
television, and film.
(Kaplan & Haenlein, 2010; http://www.pcmag.com/encyclopedia/term/61162/social-media)
51. 90% of American adults
have cell phones
58% have smart phones (Pew Report,2012)
52. No matter a person’s salary….
more people own cell phones
than use the internet
(Fox, 2013)
53.
54. 37% have gathered health
information on their phones
Almost 20% have a health app
(Fox, Dugan, & Purcell, 2013; Pew Report,2012)
55. Americans now spend an average of
34 hours per month using mobile
apps and mobile web browsers
but only 27 hours a month
getting online with their PCs
(Digital Consumer Report, 2013)
56. 29% of Americans own a tablet
The average American owns
four technology devices
(Digital Consumer Report, 2013)
59. Perpetual texters …
• adolescents (aged 13–17) sending or receiving
3,339 texts a month(six text per waking hour)
• young adults (aged 18–24) sending or
receiving 1,630 (three texts per waking hour)
(Fox & Duggan, 2012)
60. (McClure, Acquanta, Harding, & Stitzer, In Press)
• Survey of 8 urban drug treatment clinics
in Baltimore (266 patients)
• Client’s access to:
- Mobile Phone 91%
- Text Messaging 79%
- Internet/Email/Computer 39 - 45%
What do we know about clients?
61.
62. Social Network Site
… a website that provides a venue for
people to share their activities with
family, friends, and colleagues, or to share
their interest in a particular topic.
Examples include:
Facebook, Google+, LinkedIn, Twitter
(http://www.pcmag.com/encyclopedia/term/55316/social-networking-site)
63. SNSs are a specific type of social
media that allow individuals to:
• construct a public or semipublic profile
within a bounded system
• articulate a list of other users with
whom they share a connection
• view and traverse their list of
connections and those made by others
within the system
(Boyd & Ellison, 2007)
64. Examples of Social Network Sites
• Facebook
• LinkedIn
• Instagram
• Pinterest
• Virtual Worlds
• Blogs
• Micro Blogs-Twitter
• Counselor List Serves
65.
66. Social Networks
the No. 1 U.S. social networking site
1.11billion active users
665 million users log on to Facebook in any given day
May 2013 http://expandedramblings.com/index.php/resource-how-many-people-use-the-top-social-media/
89. Since clients are likely to use SNSs it may
be helpful for counselors/therapists to
understand the phenomena of SNSs, even
if they do not participate themselves.
(Myers et al., 2012)
92. Ethical Issues
• Ethical Codes and Technology
• Ethics and Self Disclosure
– Self Disclosure Definition/Guidelines
• Self Disclosure and Social Media
– Rural Examples
– Guidelines for Disclosure
• Ethical Reasoning
• Liability Insurance for Social Media
93. Ethical Codes and Licensing Boards
have not caught up
with the TECHNOLOGY
In some cases … provide little guidance
94. Other boards may use existing laws and
investigate complaints on the grounds of:
• Unprofessional conduct
• Unethical conduct
• Moral turpitude
• Mismanagement of patient records
• Revealing a privileged communication
• Breach of confidentiality
(Cronquist & Spector, 2011; Spector & Kappel, 2012)
96. Self-disclosure in psychotherapy is
defined as the revelation of
personal rather than professional
information by a psychotherapist
to a client.
(Zur et al., 2009)
103. Many social network users are
communicating in their virtual underwear
with few inhibitions (p. 45)
(Van Allen & Roberts, 2011; Rosenblum, 2006)
104. Research found that 60% of medical
schools in the sample had posted
unprofessional online content, including:
• disclosure of patient confidentiality
• profanity
discriminatory language
• depiction of intoxication
• sexually suggestive material
(Chretien & Kind, 2009)
105. Clinicians must be
aware that all of
their online
postings, blogs, or
chats may be viewed
by their clients and
will stay online, in
some form, forever.
(Zur et al., 2009)
106. Interesting professional and ethical
challenges as the distinctions between
private and public information blurs.
(Behnke, 2008)
114. For example, just as transparency in rural
communities may involve increased
knowledge of a psychologist’s
whereabouts
some SNSs tag photos with exact GPS
coordinates of where they were taken (Nicholson, 2011)
115. Even when a psychologist creates
concrete guidelines for himself or
herself around the area of self-
disclosure, the Internet can potentially
counteract even the best of intentions
on the part of an ethical psychologist.
(Zur, 2010)
116. Need to examine psychologists’
personal use of SNS outside of the
therapy hour & its impact on
psychologists’ reputation & credibility
(Van Allen & Roberts, 2011)
118. (Lehavot, 2009)
Certainly, we need to be thoughtful about what
we post online and careful about whom we grant
access to our personal information.
119. Questions to Ask Yourself Before Posting
• What are the costs and benefits of posting the
information?
• Is there a high probability that clients will be
significantly and negatively affected?
• How will the disclosure affect my relationship
with my clients?
• Does the disclosure threaten my credibility or
undermine the public’s trust in the field of
counseling?
(Gabbard et al., 2011)
120. Counselors Should Not POST
• post client information
• disparaging comments about colleagues or
client groups
• unprofessional media (e.g., photographs
and/or videos that undercut the reputation
of psychological practice)
• comments about litigation in which one is
involved
(Gabbard et al., 2011)
121. Five Ethical Principles
• Nonmalefiscence - do no harm
• Autonomy-clients get to make their
own choices
• Beneficence-do good
• Fidelity-keep promises
• Justice- be fair
(Kitchener, 1984; Chapin & Byrne, 2013)
122.
123. Ethical Reasoning
1. recognize that there is an event to
which to react
2. define the event as having an ethical
dimension
3. decide that the ethical dimension is
of sufficient significance to merit an
ethics-guided response
4. take responsibility for generating an
ethical solution to the problem
(Sternberg, 2012)
124. Ethics Reasoning5. figure out what abstract ethical
rule(s) might apply to the problem
6. decide how these abstract ethical
rules actually apply to the problem
so as to suggest a concrete solution
7. prepare for possible repercussions of
having acted in what one considers
an ethical manner;
8. act
(Sternberg, 2012)
125. Legal Issues
Practitioners should contact both
their professional and personal
liability insurance representatives to
determine if professional and personal
liability insurance policies cover
ethical violations related to SNSs
(Gabbard et al., 2011)
131. Security of Email
• Emails are stored at multiple locations: the
sender's computer; your Internet Service
Provider's (ISP) server; & the receiver's computer
• Deleting an email from your inbox doesn't mean
there aren't multiple other copies still out there
• Emails are also vastly easier for employers and
law enforcement to access than phone records.
• Finally, due to their digital nature, they can be
stored for very long periods of time
132. ‘Email is not like
mailing a sealed letter
or package. It’s more
like sending a postcard
– people are not
supposed to read it
while in transit, but it
passes through many
hands, & one can
never be sure that
someone is not
reading it illegally.’
(AMA, 2010-13)
Ms. Wendy Woods
% National Frontier & Rural
Reno, NV
Addiction Technology Transfer Center
133. HIPAA New Rule Regarding Email
• Privacy Rule allows providers to communicate
electronically with patients
– Reasonable safeguards
• Checking email for accuracy
• Sending an email alert
• Limiting the amount or type of information disclosed
– Must be in compliance with 45 CFR Part 164 Subpart C
• Health care providers can provide email reminders
to patients if they consent
• Patients can initiate email communications with
providers using email
136. More than one-third of cell phone users
(http://www.saurageresearch.com/key-findings-novemberdecember-2009/)
• have sent a text message
to the wrong person (38%)
• report that a text they
sent was misunderstood
by the reader (37%)
141. “Traditional Short Message Service (SMS)
text messaging is non-secure and non-
compliant with safety and privacy
regulations under the HIPAA. Messages
containing ePHI can be read by anyone,
forwarded to anyone, remain
unencrypted on telecommunication
providers’ servers, and stay forever on
sender’s and receiver’s phones.”
(American Academy of Orthopaedic Surgeons, August 2012)
142.
143. “No it is not acceptable for physicians or
licensed independent practitioners to text
orders for patients to the hospital or other
healthcare setting. This method provides no
ability to verify the identity of the person
sending the text and there is no way to keep
the original message as validation of what is
entered into the medical record.”
The Joint Commission November 10, 2011
http://www.jointcommission.org/standards_information/jcfaqdetails.aspx?StandardsFaqId=401&ProgramId=1
144. To ensure the patient’s privacy clinicians
should consider the use of encrypted email
systems or portal messaging systems that can
be used by a computer, tablet, or smart phone
MESSAGING
151. use a secure portal to
send or receive PHI over
public Wi-Fi networks(http://www.HealthIT.gov/mobiledevices)
152. Implement policies & procedures to
restrict access to,
protect the integrity of, &
guard against unauthorized access to
electronic PHI (e-PHI)
(HHS Office for Civil Rights)
153. Do you or your agency have
a social media policy?
161. Our opinion is that engaging in
friending and following
those whom we serve, supervise,
teach, or collect research data
from, crosses appropriate
boundary lines because it implies
a personal relationship
(Kaplan, Wade, Conteh, & Martz, 2011)
166. increase the possibility of inadequate
and simplistic solutions being offered
Kaslow, Patterson, & Gottlieb, 2011
ONLINE Consultations
(Kaslow, Patterson, & Gottlieb, 2011)
167. risk of violating client
confidentiality unless identifying
information is well camouflaged
Kaslow, Patterson, & Gottlieb, 2011
ONLINE Consultations
(Kaslow, Patterson, & Gottlieb, 2011)
168. Unless the person seeking consultation
knows the counselor who is responding,
he or she has no assurance about the
efficacy, accuracy, validity, and soundness
of the information provided
(Kaslow, Patterson, & Gottlieb, 2011)
171. “Clients should know that electronic
communications are generally not secure
methods of communication and there is a risk
that one's privacy/confidentiality could be
compromised with their use"
(Neace , 2011)
175. Prevalence of Googling
• 22% of 193 clinical psychology graduate
students had Googled their psychotherapy
clients (Martin, 2010)
• 28% of 227 multidisciplinary
psychotherapists accidentally found
information about clients online whereas
48% intentionally sought this information
(Kolmes & Taube, 2010)
176. • 98% of doctoral psychology students
had searched for at least one client’s
information over the past year… even
though most reported that searching for
clients online was “always” or “usually”
unacceptable.
(DiLillo & Gale, 2011)
177. Is it infringing on a patient’s privacy?
Patient Targeted Googling …
178. Would it be okay for a counselor to
drive by a clients’ house?
179. 33 Things to Consider Before
Conducting Patient Targeted Googling
• consider the intention of the search
• evaluate the potential risk to the patient
• anticipate the effect of gaining previously
unknown information
180. More in depth questions
1. Why do I want to conduct this search?
2. Would my search advance or
compromise the treatment?
3. Should I obtain informed consent from
the patient prior to searching?
(Clinton, Silverman, & Brendel, 2010)
181. 4. Should I share the results of the search
with the patient?
5. Should I document the findings of the
search in the medical record?
6. How do I monitor my motivations and the
ongoing risk-benefit profile of searching?
More in depth questions
(Clinton, Silverman, & Brendel, 2010)
183. With the click of a mouse, clients can find a
wealth of information on their counselors
about their psychologists online
(Tunick, Mednick, & Conroy, 2011)
184. Some personal information about
the clinician may be available to the
client without the psychotherapist’s
knowledge or approval
(Lannin & Scott, 2013)
185. In some cases psychologists in training
had either been matched with
current/former clients through
anonymous dating websites
(Taylor et al., 2010)
186. Clients Googling Counselors
70% of clients reported finding personal
information about their psychotherapist
on the Internet
only 28% discussed it with their
psychotherapist
(Kolmes & Taube, 2011)
187. How do you respond if a client
tells you that he has “Googled”
you or visited your website?
189. The American Psychological Association’s
Ethics Code states under Principle 5.05
that it is unethical for psychologists to
solicit testimonials:
“Psychologists do not solicit testimonials
from current therapy clients/patients or
other persons who because of their
particular circumstances are vulnerable to
undue influence.”
195. Employees will share their
gripes and struggles on Twitter,
Facebook, YouTube, Instagram, and
any other site with friends or
strangers who will listen……
(Kasarjian, 2013)
196. The NLRA is not just about unions and
collective bargaining….
This right extends to communications
with co-employees as well as third parties
“concerted activities” protected by
Section 7 right to communicate
about wages, hours, and other terms
and conditions
(Morrison & Foerster, 2014)
197. National Labor Relations Act
• Employers should still exercise considerable
caution when responding to complaints about
an employee’s use of social media
• An employee’s comments on social media are
generally not protected if they are mere
gripes not made in relation to group activity
among employees
• Postings that are otherwise protected by the
NLRA are unlikely to lose that protection
merely because they are offensive, even if
they use profanity
(Morrison & Foerster, 2014)
198. The key that NLRB or judges try to determine is if
an employee is griping (complaining) for their
own self interest or on behalf of co-workers.
Protected concerted activity includes discussions
and these do not have to be formalized events
(Zywave Inc., 2012)
199. When employees are reprimanded or
terminated for statements
they make online
the unwary employer may find that it has
inadvertently entered an area that is a
hotbed for scrutiny and litigation.
(Kasarjian, 2013)
201. Be careful with staff social media policy
Why don’t I draft a policy about this?
(Kasarjian, 2013)
202. Social Media Policy Sample
• Use Sample Policy Based upon
Walmart’s Policy
• Use examples
• Don’t use a summary statement that
this policy doesn’t violate employees’
Section 7 Rights
• Many case examples - don’t become
one of them
(Kasarjian, 2013)
205. 10states … Arkansas, Colorado,
Illinois, Nevada, New Jersey, New Mexico,
Oregon, Utah, Vermont and Washington …
enacted legislation in 2013
(Vermont's legislation provides for a study only)
28 states- legislation pending
http://www.ncsl.org/research/telecommunications-and-information-technology/employer-access-to-social-media-passwords-2013.aspx
206. In a recent survey (2012) by
CareerBuilder…
approximately 37%of companies
indicated they use social networking
sites to research job candidates
www.careerbuilder.com/share/aboutus/pressreleasesdetail.aspx?id=pr691&sd=4%2f18%2f2012&ed=4%2f18%2f2099
207. Companies need to be careful when
using social media in recruiting
employees and researching applicants
‘What is learned cannot be unlearned’
Protected Class
(race, religion, & disability)
(Kasarjian, 2013)
210. Counselor supervision is …
“the means by which skills are refined,
theory and practice are integrated, and
trainees explore their new professional
identities in preparation for induction into
their profession” (pp. 242–243)
(Dollarhide & Miller, 2006)
211. Counselors may avoid seeking guidance on social
network/internet/technology issues because of a
perceived lack of supervisor knowledge (Lannin & Scott, 2013)
216. Clinical Supervisors may provide face-to-face
supervision, online supervision, or a hybrid of
online and face-to-face approaches.
217. Computer-based Clinical Supervision
(a) lower costs to supervisees
(b) increased flexibility in scheduling
(c) greater cost-effectiveness for
educational institutions
(d) provision of supervision opportunities
for those who live in rural areas
(e) increased diversity of counselor trainees
based on increased accessibility
(Bloom & Walz, 2000)
218. Online Clinical Supervision
• Online supervision should occur
through encrypted channels
• More investigation is needed into the
process of distance-based supervision
and its effects on supervision quality
(Vaccaro &Lambie 2007)
220. Training Substance Abuse Clinicians in
Motivational Interviewing (MI) using
live supervision via teleconferencing
Teleconferencing supervision (TCS)
was developed to provide remote, live
supervision for training MI
(Smith et al., 2012)
221. Supervisors should consider all the same
issues relevant to counselors and their
clients when considering sharing personal
information online with:
1. supervisees
2. accessing supervisees’ information online
3. communicating through social networking
sites with supervisees
223. ‘Ethical behavior does not arise solely
from habit or obedience to patterns or
rules but includes intelligently guiding
our actions in harmony with the
texture of the situation’
(Luce-Kapler, Sumara, & Iftody, 2010, p. 540)