Competence

ABCST Certified Members strive to maintain high standards of competence in their work. They recognize the boundaries of their particular competencies and the limitations of their expertise. They provide only those services and use only those techniques for which they are qualified by education, training, or experience. Certified members are cognizant of the fact that the competencies required in serving, teaching, and/or studying groups of people vary with the distinctive characteristics of those groups. In those areas in which recognized professional standards do not yet exist, certified members exercise careful judgment and take appropriate precautions to protect the welfare of those with whom they work. They maintain knowledge of relevant scientific and professional information related to the services they render, and they recognize the need for ongoing education. ABCST Certified members make appropriate use of scientific, professional, technical, and administrative resources.

The Certified member shall have training in sexuality education, counseling, therapy, and/or supervision that is in accord with ABCST Standards and the laws relevant to the jurisdiction in which the Certified member practices.

The Certified member shall recognize the necessity and benefit of professional growth by participating in continuing education in sex therapy and human sexuality.

The Certified member who becomes emotionally, physically or otherwise impaired or disabled to a degree that it impacts on the best interest of the consumer shall, in a timely and efficient manner, make a referral of the consumer to a qualified and appropriate professional source so as to avoid any undue abandonment of the consumer.

Informed Consent

The Certified member shall recognize his/her limits of competence and shall communicate them at the earliest possible time and at any time thereafter to the consumer. When the Certified member’s level of competence does not afford optimal benefits to the consumer, the Certified member shall, in a timely and efficient manner, recommend referral to better-qualified sources.

The Certified member shall not knowingly permit any consumer to misunderstand the Certified member’s competency and shall clarify credentials, training, affiliations, experiences and skills in an honest and accurate manner.

Aiding/Abetting Unqualified Practice

The Certified member shall not enter into association for professional practice with or assist, aid, or promote in any manner the practice of an unqualified or incompetent person which shall include any person whom the Certified member knows or has reason to believe, does not adhere to the Code or is in violation of any law. This shall include, but is not limited to, making a referral to an unqualified or incompetent person.

The Certified member shall accept that the quality of his/her professional services (are) is dependent upon both personal morality and professional ethics and on the ability to maintain legal standards. Regarding financial arrangements, all members shall abide by the legal and ethical standards respective of the license under which they practice.

The Certified member shall be aware of and monitor the fact that his/her personal needs may influence judgments and actions in the therapeutic relationship and shall, regardless of experience or training, have a qualified review source such as a supervisor available to assist in safeguarding against unwise or inappropriate judgments and acts.

The Certified member shall not enter into any dual relationship regardless of nature that jeopardizes the well-being of the consumer.

The Certified member shall avoid any action that might violate or diminish the legal and civil rights of the consumer.

The Certified member shall not engage in or condone practices by any source that are inhumane or that result in illegal or unjustifiable action relevant to race, handicap, age, gender, sexual orientation, religion or national origin.

The Certified member shall make only factual, honest, and clearly stated (not misleading) public announcements, statements or communications such as (but not limited to) for advertising or promotional purposes.

The Certified member shall not set forth identification with ABCST such as (but not limited to) membership or certification status in an announcement statement, or communication, whatever the form, that also includes a college or university degree, unless that degree is based on academic merit and is from an appropriately accredited higher education institution.

The Certified member shall act in accord with ABCST ethics, standards and guidelines related to education, counseling, therapy, supervision and research.

The Certified member shall act in accord with the standards and guidelines for the protection of consumers promulgated by other professional associations with which the Certified member is affiliated and the laws of the jurisdiction(s) in which the Certified member provides professional services.

The Certified member shall report any ethical, regulatory, or legal complaint or judgment relevant to their practice filed against the member with this report being submitted in writing within thirty (30) days of knowledge to the Director of Sexual Wholeness.

ABCST Certified Members accord appropriate respect to the fundamental rights, dignity, and worth of all people. They respect the rights of individuals to privacy, confidentiality, self-determination, and autonomy, mindful that legal and other obligations may lead to inconsistency and conflict with the exercise of these rights. Certified Members are aware of cultural, individual, and role differences, including those due to age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, language, and socioeconomic status. Certified Members try to eliminate the effect on their work of biases based on those factors, and they do not knowingly participate in or condone unfair discriminatory practices.

Given that consumers are in unique and vulnerable positions with respect to the sensitive nature of services related to counseling, therapy, research and supervision, Certified members shall constantly be mindful of the responsibility for protection of the consumer’s welfare, rights and best interests and for the rigorous maintenance of the trust implicit in the consumer relationship.

The member shall, from the onset of professional contact with a consumer or a potential consumer, clarify:

• Professional training, experiences and competencies;

  • SWI/ABCST’s mission includes responsibility for providing education and certification for sexual health professionals. One of SWI/ABCST’s objectives is consumer protection and to ensure that the public is not misled by inaccurate claims of those ABCST members.

• ABCST members who are candidates for certification, may only state their candidacy as follows:

  • “ABCST Sex Therapist in training”

  • “ABCST Sex Therapy Associate under consultation” These are the only allowable designations that may be used while the member pursues certification on any written or digital form, website, etc.

• The nature of the professional services available to the consumer (with an explanation of mutual roles and duties).

• The nature of the professional services available to the consumer (with an explanation of mutual roles and duties);

• The limits of intervention effectiveness;

• Personal values or professional preferences that reflect biases rather than being responsive to the needs and well-being of the consumer;

• Any exceptions to confidentiality and privileged communications (e.g. duty to warn, mandatory reporting, etc.);

• Any financial issues, especially the payment obligations of the consumer.

The Certified member shall treat all information received about a consumer as confidential including, but not limited to, the mere existence of an educational counseling or therapeutic relationship with the consumer. Where required by law, the Certified member will develop a policy consistent with reporting requirements under HIPAA/ PIPA and follow all legal requirements protecting consumer privacy.

The Certified member shall advocate the consumer’s privileged communication as granted by the laws of the jurisdiction applicable to the consumer and/or the Certified member. In the event that there is uncertainty about the effectiveness or validity of the consumer’s consent to release information that is potentially confidential and/or privileged, the Certified member shall obtain appropriate legal determination.

The Certified member shall divulge information received from a consumer or prospective consumer to the extent required only in the following circumstances:

• When the consumer provides written and informed consent, which indicates:

  • The type and nature of information to be released;

  • Knowledge of the purpose for which the information will be used;

  • Designation of the source that will receive the information;

  • That the consent is given voluntarily and with competency; and

  • The consumer’s name and the date on which the consent is given.

• When there is clear and imminent danger of bodily harm or to the life or safety of the consumer or another person; such disclosure shall be made in accord with the laws of the jurisdiction in which the member practices;

• When applicable law declares that such information may be released;

The Certified member may only use identifiable information about the consumer for purposes of education, training, research or publication, but may not do so without the consumer’s written informed consent.

The Certified member may reveal information about a consumer’s treatment and treatment plan only to the extent that such is revealed in consultation with another professional, such as a supervisor or coworker, for treatment purposes. Such information may not include any confidential or identifying information about the consumer, unless the consumer provides written consent.

The Certified member shall keep meaningful records relevant to the professional services provided to and contacts (of any nature) with the consumer and shall have a secure system for the preservation of records with the minimal contents and duration of retention being in accord with the laws that are applicable to the jurisdiction in which the Certified member practices, but no less than the following:

• A full record shall be retained intact for no less than 7 years after completion of the last date of professional services or contact or more as required by applicable provincial, state or federal/national law. In the case of minor clients, a full record shall be retained intact for no less than 7 years after the client reaches the age of majority and after completion of the last date of professional services or contact or more as required by applicable provincial, state or federal law;

The Certified member shall have a formal (written) arrangement for the preservation of consumer records upon his/her ceasing of practice, death or incapacity. This arrangement must be in accord with the laws of the jurisdiction in which the Certified member practices.

The Certified member shall, when providing professional services in a group context or to a couple or family, make a reasonable effort to promote safeguarding of confidentiality on the part of each consumer in the group, couple or family.

The Certified member shall orient the minor consumer to the limits of confidentiality pertaining to a parent’s right to know as defined by the laws of the jurisdiction in which the member practices.

The Certified member shall, regardless of the reasons for which the consumer sought professional services and regardless of the theory or technique being used by the Certified member, predicate every sex counseling or therapy intervention with an assessment and a meaningful discussion with the consumer(s) as to planning for counseling or therapy. This plan shall be consistently documented in writing, justified academically, evaluated for effectiveness, monitored for strengths and weaknesses and periodically modified accordingly.

The Certified member shall not engage in any dual relationship, regardless of nature or circumstances, with a consumer or with persons who have a primary relationship with a consumer served by the Certified member if such dual relationship could potentially be detrimental to or jeopardize the well-being of a consumer. A dual relationship occurs when a Certified member is in a professional role with a person and (1) is simultaneously in another role with the same person, and/or (2) is simultaneously in a relationship with a person closely associated with or related to the person with whom the Certified member has the professional relationship, and/or (3) promises to enter into another relationship in the future with the person or a person closely associated with or related to the consumer.

The Certified member practicing education, counseling or therapy shall not engage, attempt to engage or offer to engage a potential, current, or former consumer in sexual behavior whether the consumer consents to such behavior or not. Sexual behavior includes, but is not limited to, kissing; sexual intercourse and/or the touching by either the Certified member or the consumer of the other’s breasts or genitals; sexual solicitation, physical advances, or verbal or nonverbal conduct that is sexual in nature, that occurs in connection with the Certified member’s activities or roles as a counselor or therapist, and that either (1) is unwelcome, is offensive, or creates a hostile workplace or educational environment, and the Certified member knows or is told this or (2) is sufficiently severe or intense to be abusive to a reasonable person in the context.

The Certified member shall terminate professional services to the consumer when it is reasonably evident or should be evident that the consumer is not obtaining benefits sufficient to justify continued services by such Certified member. Upon termination, the Certified member shall make referral to another professional source and/or offer reasonable follow-up to further the best interests of the consumer.

Consultations and referrals: Certified members arrange for appropriate consultations and referrals based principally on the best interests of their patients or clients, with appropriate consent, and subject to other relevant considerations, including applicable law and contractual obligations. When indicated and professionally appropriate, Certified members cooperate with other professionals in order to serve their patients or clients effectively and appropriately.

The Certified member shall respect the rights and dignity of students, trainees and others (such as employees), maintain high standards of scholarship, and preserve academic freedom and responsibility.

The Certified member shall, from the onset of professional contact with students, trainees, and others over whom the Certified member has administrative, educational or supervisory authority, clarify:

• The Certified member’s professional qualifications and competencies;

• Objectives, responsibilities and duties of all concerned;

• Any financial issues, especially any payment obligations.

The Certified member shall maintain in confidence personal information regarding a student, trainee, or others obtained in his/her professional role; the provision of confidentiality does not, however, preclude fulfilling a professional responsibility or duty to consumers, educational or training institutions or programs, professional associations or governmental/regulatory or legal sources.

The Certified member shall maintain high standards of scholarship and present information that is accurate and timely in all administrative, educational, and supervisory activities.

The Certified member shall keep meaningful and systematic records of all administrative, educational, and supervisory activities.

The Certified member shall not coerce or require a student, trainee or other to serve as a subject for a research project.

The Certified member shall not provide diagnosis, therapeutic counseling or therapy or any other clinical service to students or trainees or those over whom the Certified member has administrative, educational, or supervisory authority.

The Certified member shall not harass in any manner a student, trainee, or other person over whom the Certified member has administrative, educational, or supervisory authority. Certified members do not engage in sexual relationships with students or supervisees who are in their department, agency, or training center, or over whom Certified members have, or are likely to have, evaluative authority.

The Certified member shall not, during the administrative, educational, or supervisory period enter into any dual relationship, regardless of nature, that jeopardizes the well-being of the student, trainee, or other.

The Certified member shall not, during the administrative, educational, or supervisory period, engage, attempt to engage, or offer to engage the student, trainee, or other in sexual behavior.

The Certified member shall be cognizant that a dual relationship subsequent to the administrative, educational, or supervisory period may potentially jeopardize the well being of the student, trainee, or other.