PHILOSOPHY & ETHICS draft
INTRODUCTION, DEFINITIONS,
AND APPLICATION
David and Ann Rees do not do mental health treatment nor mental health diagnosis. We are not counselors. We ALWAYS refer to appropriate professionals. Although we have appropriate business licenses and carry liability insurance, we are not registered/certified/licensed by the Department of Health.
As of June 2008 we are no longer counselors.
Information only: House Bill Credentialing of Counselors March 2008
Draft Bill relating to non-traditional Providers click 2009 for proposed bill
khoswe; one who speaks with another, "brother/sister" in taking up another's case; one who comes to introduce ideas, also overture unguza; look around unika; one who holds up a light to let one see anything which is fundamentally different from
phungu; counselor, advocate, advisor nkhoswe; guardian (particularly marriage) Chichewa
We use Existential Phenomenology as it relates to individual and/or group dynamic, development or transition. We consult with the client, co-presenting perspectives and possibilities. We do not offer mental health treatment or diagnosis. We are existential phenomenologists. In the dialog we may, and do, refer to resources specific to the professional needs articulated by the client. Phenomenology is the study of structures of consciousness as experienced from the first-person point of view.
The term “Existential Phenomenologist” connotes someone whose practice tradition and whose educational and training path is different from counselors or those who work at mental health agencies. We recognize that there is a plurality of "being with" traditions that do not fit within the developmental track of a career. We recognize that these traditions have their own normative, educational, and consultancy processes but that they all have a common moral standard that is at least as high as any business, professional, health and mental health code of ethics in the state. The purpose of this document is to institute, implement, maintain, and develop the ethical standards of professional activity for all those individuals who are not otherwise obligated by another code of ethics.
Existential Phenomenology
An existential phenomenological approach is an attitude that explores the human condition and tries to capture and question and individual's experience of it. It aims at clarifying and understanding personal worldviews, values and beliefs and it makes explicit what was previously implicit and unsaid. Its practice is primarily philosophical and seeks to enable a person to live more deliberately, more authentically and more purposefully, whilst accepting the limitations and contradictions of human existence. It is essentially about exploring human existence through the particular preoccupations of one individual and this has to be done without preconceptions or set ways of proceeding ~ hence the importance of phenomenology.
The Existential Phenomenologist needs to come to the dialog with the client with complete openness to the individual situation and with an attitude of wonder that will allow the specific circumstances and experiences to unfold in their own right. Assisting other human beings in understanding their own life in a genuine and meaningful manner is a serious matter. Each and every discovery is personal and unpredictable.
To make oneself consistently query one's assumptions about the world and reconsider it with a cleared attitude of openness is obviously extremely relevant to the dialog with the client. Existential Phenomenologists learn to set aside their assumptions about everything, in order to look at their values and those of their clients in recognition of their bias. Life consists of movement, transformation and action. All of these are only possible in time. My existence is historic. It creates a story. How I create this story is of utmost importance. Existential phenomenology is about exploring, describing and retracing the story and reorienting a person in 'time' ~ the ways in which we stand out in the past, in the present and in the future. We go back to ourselves in terms of remembering the past. We let ourselves be encountered by the world in the present and we reach out towards ourselves in the future. All of our actions are full of the awareness of temporal change - time.
The way in which I tell my story is the way in which I create a self. Existential philosophy does not posit the notion of a fixed and determined self. There is no such thing as an essential solid self, only intentionality and being in the world. Sartre used to say that existence preceded essence. I come into the world first and exist and only after that do I create a self for myself out of my actions. The purpose of existential phenomenology is to study of structures of consciousness as experienced from the first-person point of view, with the expectation of validation in an authentic self, being in the world with choice, intentionality and an awareness of real possibility.
We acknowledge the absolute and profound impact our behavior has on the welfare of our clients. We acknowledge and accept responsibility for the fact that our clients do rely on our expertise, our honesty, and our guidance, in the seeking of services.
We understand the value in providing the highest quality service possible, and through this, earn the confidence and trust we need and value. We hold our reputations for honor, respect, and esteem in high regard and we further pledge to protect and enhance them.
As of June 2008 we are no longer counselors.
DUTIES TO THE PUBLIC AND TO THE PROFESSION
Article 1
Existential Phenomenologists have the duty of competency. They must also assume personal responsibility for the informal acquisition of greater knowledge, awareness, and understanding. Competency means to meet the standard of the average, random professional in the community in which one practices. It also means to strive toward higher levels of ability within the practice. The level of service provided shall be what is reasonably expected in the discipline in the geographic location in which the service occurs. Specialized services outside one’s areas of competence mandate assistance from, and referral to, those who have the requisite expertise. Finally, it is expected that Existential Phenomenologists refer clients to other health care workers when appropriate, and to constantly educate themselves in ways that promote the referral process, as needed.
Article 2
The actions of Existential Phenomenologists shall conform to standards of the applicable laws and regulations.
Article 3
Existential Phenomenologists have an absolute duty to be honest and truthful in their representations to the public. This includes all modes of advertising, including television, radio, print, Internet, flyers, email, and the like. This duty requires that all assertions are true in fact. It also requires that sufficient information be provided to the degree required for a reasonably prudent person to make a rational decision with regard to the stated services . One’s professional status, areas of expertise, and special credentials must be easily identifiable. These details must be set out in clear, unambiguous, and comprehensive language in all materials.
Article 4
Existential Phenomenologists shall insure through any appropriate means the highest standards of practice and success of Existential Phenomenologists.
Article 5
Existential Phenomenologists shall confidentially report unethical practices, as long as they have reasonable suspicion and tangible evidence to support such a charge. This requires a strong suspicion as well as documented evidence. We recognize that making false charges against a professional could permanently destroy a professional practice, so we advise judicious reflection before making such a confidential charge. It is unethical to speak to others concerning these charges because doing so could result in reverse defamation charges to all involved. Careful discretion is encouraged.
DUTIES TO CLIENTS, CONSUMERS
Article 6
The relationship between a Existential Phenomenologist and a consumer (no matter what designation the professional uses for the consumer) is one of trust. As such, each Existential Phenomenologist must always protect the best interest of his or her client. He must act in the highest good faith and never put his own personal interest above the interest of his client. This duty is a fiduciary duty. “Consumer” means any current or prospective customer and this relation and status begins as soon as a Existential Phenomenologist starts verbally dialoguing with or processing any paperwork for (change to: initiates a verbal dialogue or e-mail correspondence or processes any paper work with a potential consumer that is related to prospective exploratory dialog together. Existential Phenomenologists acknowledge that, in general, a dual relationship with a client is presumptively against the best interests of that client. Existential Phenomenologists also acknowledge that a sexual relationship with a current client is conclusively against the best interests of that client and should be absolutely avoided.
Article 7: DISCLOSURE
Complete honesty with regard to expertise, competency, and credentials is required at all times. Misrepresentation of relevant facts is never allowable. The omission of material facts is considered dishonest. Complete and full disclosure is the standard. Careful explanation of all terms, conditions, and facts is a part of this duty. Professionals shall not exaggerate, misrepresent, or conceal any facts that are relevant to a particular client or that are relevant to what any rational client would want to know before or during counseling.
Disclosures must always occur before counseling begins. There should be a Disclosure document available that should include Client’s Right and Practice Policies. If any new information emerges this must also be disclosed immediately. Simple disclosure may be insufficient. That is, a client may need his Existential Phenomenologist to carefully explain all relevant details and facts. Further, there is an affirmative duty on the part of a Existential Phenomenologist to probe into the awareness of his client. There is a reasonable assumption that a Existential Phenomenologist has expertise and that any client can reasonably rely on his expert to explain any and all relevant questions, issues, and facts.
Article 8: CONFIDENTIALITY
All communications, information, and counseling sessions are absolutely confidential, during the immediate professional relationship and in perpetuity, after the termination of the relationship, subject to the limitations under Washington State law. This means that a Existential Phenomenologist must not disclose any information that has been obtained in the course of providing services to clients unless such disclosure is made with the written knowledge and consent of a client or a Existential Phenomenologist is required to do so under law or state regulation. Each Existential Phenomenologist must take personal responsibility to insure this confidentiality. Each Existential Phenomenologist must also assume complete responsibility for all associated in this regard.
Further, a Existential Phenomenologist must not use for his own benefit, or permit to be used for the benefit of others, any information that has been obtained, or knowledge that has been gained, in the course of providing services to clients.
Article 9
Existential Phenomenologists are absolutely responsible for the acts of their support any staff, including receptionists, interviewers, and other administrative support staff/colleagues. Staff members can play an important role in the delivery of services and are regularly privy to important information about each client. Because they have significant power to affect the legal interests of each of their company’s clients, they must also abide by this code of ethics. However, as a part of the broader constellation of responsibility, Existential Phenomenologists have plenary responsibility. This means that they take full and comprehensive accountability and responsibility for their staff members or practice partners/associates.
This might include, but is not limited to, malpractices insurance, business licenses, and the payment of all State, City/County or Federal Taxes.
Article 10
If a Existential Phenomenologist has any interest other than fees for service, this is considered a relevant and material fact and must be disclosed immediately. If anyone else in the Existential Phenomenologist’s office or personal life has such an interest, he must disclose it to his client immediately. A Existential Phenomenologist may not accept compensation from more than one party without disclosure to all parties. A Existential Phenomenologist must always inform clients of the nature of any business connections, interests, or affiliations that might impair their ability to abide by their fiduciary duty, as outlined above.
Article 11: RECORDS
A Existential Phenomenologist must keep scrupulous accounting records for services, and must provide copies to any current or past client within a reasonable amount of time. Records must be saved for seven years. An Existential Phenomenologist is not in clinical practise as he/she neither diagnoses nor treats individuals. The purpose is of exploration for the client and any specialist services are referred to appropriate licensed agencies or individuals.
Article 11.1 Records Declaration
I
n the interests of privacy this therapist/client does not wish to take or keep notes on clients. This includes all materials and any taped sessions. The philosophy of client centered therapy supposes that all of these remain the property of the client.The exception to this is where the individual is either Court mandated or where there are legal issues, including the exploitation of minors.
A Release of Information will always be sought if any third party wishes access to any information that the therapist might have. This document is not a Release of Information.
- We do not offer mental health treatment, counseling, or diagnosis. We are existential phenomenologists. In the dialog we may, and do, refer to resources specific to the professional needs articulated by the client.
- The word counseling (or counselling) comes from the Middle English counseil, from Old French conseil, from Latin cōnsilium; akin to cōnsulere, to take counsel, consult. Counseling can be defined as a relatively short-term, interpersonal, theory-based process of helping persons who are fundamentally psychologically healthy resolve developmental and situational issues.
There are probably as many definitions of counseling as there are practitioners to describe it. The term was originally used by Frank Parsons in 1908. It was adopted by Carl Rogers in response to widespread prejudice in the U.S. against lay therapists and also because he was not then permitted by the psychiatry profession to call himself a psychotherapist. The difference between definitions of counseling and psychotherapy is less significant than the practitioners' perceptions of their raison d'être.
David and Ann Rees do not counsel in the context of mental or psychological health as defined above. We practice as Existential Phenomenologists
David Rees : 206.323.8784 (business)
Ann Rees : 206.919.7684
For reference purposes we offer the following information:
Disclosure Statement, Record Keeping & Request for Records
Draft Bill relating to non-traditional Providers : click 2009 for proposed bill
Client Rights for Counselors, Department of Health March 2008: