Suggested APA style reference: Mascari, J. B., & Webber, J. M. (2006). Salting the slippery slope: What licensing violations tell us about preventing dangerous ethical situations. In G. R. Walz, J. Bleuer, & R. K. Yep (Eds.), VISTAS: Compelling perspectives on counseling, 2006 (pp. 165-168). Alexandria, VA: American Counseling Association.

165

Like slippery slopes in winter, the first step takenis most critical in determining whether a counselor willslide into ethical or legal violations. Ethical violationsrefer to professional conduct in direct violation of theCode of Ethics of the American Counseling Association(ACA, 2005) or the National Board for CertifiedCounselors (NBCC, 2003). Licensing violations referto those professional acts that violate state licensinglaws and regulations. Ethical and legal violations mayoverlap, and a violation could be reported to licensingor ethics committees simultaneously.

No study was found indicating that violations anddata are shared between licensing boards andprofessional ethics committees. Mascari (2004) studiedthe data from licensing boards and both the ACA andNBCC ethics committees and found that licensingboards did not report violations to the committees. Thepurpose of this article is to review what the violationstell us about the profession and offer techniques to saltthe slippery slope.

Current Research

Counselor educators and certifying organizations(NBCC and the Council for the Accreditation forCounseling and Related Educational Programs[CACREP]) use scholarly research as a basis forrevising ethical guidelines. A review of the literatureon violations (Mascari, 2004) found missing,incomplete, or unavailable data. Articles by the ACAEthics Committee in the Journal of Counseling &Development (JCD) 1991–2003 reported the numberof complaints to be far below those of the state licensingboards. A number of researchers conducted surveys ofstate counselor licensing boards over a 17-year period,and found no systematic data collection or centralclearinghouse for data (Herlihy, Healy, Cook, &Hudson, 1987; Mascari, 2004; Neukrug, Healy, &Herlihy, 1992; Neukrug, Milliken, & Walden, 2001).These researchers recommended that ACA, theAmerican Association of State Counseling Boards

(AASCB), or both should develop an ongoing methodof data collection. Mascari (2004) found that statecounselor licensing laws and standards varied to sucha great extent that comparing violation rates was nearlyimpossible.

Gale and Austin (2003) recommended thatprofessional associations and credentialing bodies worktogether to promote greater unification of the professionand clarify counselor identity. Further, a majority ofstates allowed individuals with related professionaldegrees to be licensed and to serve as supervisors forcounselors seeking licensing. Gray and Remley (2003)studied supervision in four states and found a correlationbetween strong counselor identity and supervision bya licensed professional counselor. However, theApproved Clinical Supervisor (ACS) credential fromNBCC’s Center for Credentialing Education (CCE)originally required a counseling degree, but now usesa more broad definition of related professions.

After reviewing violations in New Jersey for theyears 2002–2005, Mascari (2005) found that in nearlyhalf of the violations, the slippery slope begins withproblems of professional identity, intertwined with theeffects of a graduate degree program other thancounseling. Of the violators (n = 19), seven had degreesin counseling-related areas (one in student personnel,three in counseling, and three in counseling and humanservices). Degrees of other violators were three inmarriage and family, five in psychology (clinical/counseling/applied), one in urban education, and threewith no degree from an accredited institution. Mascaricited additional corroborating data related to weakcounselor identity including the small percentage ofviolators who graduated from a CACREP-accreditedprogram (11%) or completed an ethics course (16%).Additionally, of those violators holding a license, 11 of14 had between 6 and 20 years of experience. The typesof violations also suggest that identity, rather thanspecific training, may have been influential: six (31%)had either used the title psychologist or performedservices limited to licensed psychologists; seven were

Article 36

Salting the Slippery Slope: What Licensing Violations Tell Us AboutPreventing Dangerous Ethical Situations

J. Barry Mascari and Jane M. Webber

166

unlicensed, with five having no professional training;three filed inaccurate reports (two reports included afamily member, the father, who was never seen by thecounselor); one committed an advertising error; onecommitted Medicaid fraud; and one committed sexualmisconduct.

The authors have used the term multipleprofessional identity disorder to describe those whobecome licensed professional counselors but whosetraining and identity are more closely aligned withpsychology rather than counseling. The conflict createdby having a license as a counselor and significanttraining in another related field was most evidenced bythe lack of familiarity with the codes of ethics of bothACA and NBCC. During formal investigative inquiries(IIs), the majority of those disciplined were unfamiliarwith the aforementioned codes of ethics.

Case Study

The following is a fictitious composite casedeveloped from several IIs heard by a state licensingboard in response to consumer complaints. This caseillustrates how the slippery slope could lead to moreserious violations of both licensing laws and ethicalcodes.

The licensing board conducted an II to determinethe validity of a complaint by a client alleging that thecounselor engaged in a dual relationship. The counselorwas licensed during the grandfathering period, had 60graduate credits from a non-CACREP accreditedprogram, and had practiced full time for 6 years. Duringthe hearing, the counselor was asked about professionalassociation membership and replied, “I just joined thestate counseling association.” Further questioningaddressed familiarity with and use of codes of ethics.The counselor replied that no specific code of ethicswas used and instead the counselor relied on personaljudgment and experience. Committee members pursuedthe ethics issue, asking familiarity with specific codesof ethics. The counselor replied, “No specific code.”

The licensing board addressed the client’scomplaint that the counselor engaged in a dualrelationship (frequently meeting the counselor fordinner) that undermined treatment. The counselor wasunfamiliar with boundary violations and did not seethese actions as an ethical problem. In fact, thecounselor attributed the complaint to the client’ssuffering from a borderline personality disorder. Whenthe board also asked about whether the counselorengaged in ongoing supervision or consultation, thecounselor replied, “I contact professional colleaguesor meet them for lunch.”

The board determined that the counselor hadengaged in professional misconduct and, while not

committing the sexual misconduct, had stepped ontothe slippery slope that was one slip away from a sexualviolation. The counselor was required to practice underboard-approved supervision for a minimum of 2 yearsand submit written reports monthly, attend a graduatecourse in ethics and professional practice, and retakeand pass the National Counselor Examination (NCE)before the practice restriction would be lifted.

This case provides a powerful example of howtraining, professional association activity, andsupervision all contribute to the strength of professionalidentity and avoidance of the slippery slope. Thecounselor demonstrated a lack of involvement incounselor professional associations, a lack ofknowledge of both the ACA and NBCC codes of ethics,and had coursework that did not resemble CACREP-accredited programs.

Prevention Techniques: Broader Implicationsfor Practitioners

Like all dangerous roads, salting the slippery slopewith specific practical recommendations can preventethical and licensing violations. Following is a briefset of recommendations that could go a long way towardreducing violations if implemented by regulatingbodies, practitioners, educators, and supervisors,

For Counselors

• Practice under regularly scheduledsupervision. Another professional,preferably an experienced licensedprofessional counselor, can help counselorsspot potentially dangerous situations andlearn to prevent future high-risk situations.

• New counselors should seek supervisionfrom a licensed professional counselor.Emerging research (Gray & Remley, 2003)has suggested the importance of thesupervisor’s professional identity for ethicalpractice. If the new counselor wants tobecome a licensed professional counselor,find a licensed professional counselor as asupervisor to emulate.

• Regularly read and reference both the ACAand NBCC codes of ethics. Codes are suchvaluable tools that counselors, especiallythose new to the profession, should keep acopy in their top desk drawer to use as areference tool. As a regular practice,counselors are encouraged to scan the codesof ethics periodically to insure awarenessof behavior that may lead to potentialviolations.

167

• Consult with colleagues. Never practice inisolation or in a solo practice withoutsupervision. This is especially important forcounselors working in schools whereclinical supervision may not be available.Isolation can create blind spots in whichthere is a growing lack of awareness of theslippery slope.

• Pursue continuing education. Presentationsabout ethics and discussions of controversialpractice issues encourage counselors to self-reflect and make comparisons with theirown professional behavior. Continuingeducation prevents isolation and the beliefthat everyone is practicing in the same way.

• Maintain active membership in professionalassociations and attend conferences.Professional identity is more than simplypaying dues. By reading journals andparticipating in conferences and workshops,a counselor begins to view issues, as woulda professional counselor. Professionalinvolvement is the core for maintainingprofessional identity.

For Supervisors

• Regularly review and relate ethical codes tocases. The supervisor can be a critical linkin insuring that counselors view the ACAor NBCC Code of Ethics as an essential andindispensable guide that they shouldregularly consult for answers to ethicaldilemmas.

• Attend conferences. Staying current iscritical to a supervisor’s credibility andown professional identity. Supervisorsexperience the same ethical issues as thoseof supervisees and should therefore beactively engaged in prevention as well.

• Articulate ethical decision-making models.Research has demonstrated the value ofusing ethical decision-making models as atool. Teaching a model or models tocounselors will enhance their ethicaldecision making.

For Licensing Boards, Certifying Bodies, EthicsCommittees, and ACA

• The profession should have a single code ofethics and standards of practice. It isconfusing and divisive for both ACA andNBCC to maintain separate codes. They

should be merged for the good of theprofession.

• Share violations with ethics committees andlicensing boards. Counselors will have amore comprehensive picture of violations.

• Maintain a national database of violators thatis accessible to boards and certifying bodies.A national database will give counseloreducators, ethics committees, and licensingboards access to these data from one source.

• Develop common standards that contributeto, rather than further fragment, counseloridentity. Research (Mascari, 2004) hassuggested that, with tighter standards andstronger identity of counselors, it is morelikely that counselors will adhere to thecodes and laws.

• Provide news and information in CounselingToday. Currently, little information on ethicsbeyond the codes appears in counselorpublications. More articles that allowcounselors to compare their own behaviorto those who have been disciplined can helpcounselors prevent the slip.

• Provide regular newsletters and ethicalupdates. The more information counselorsreceive, the better. Ethical issues mustremain in the fore of counselors’ thinking.

• Publish violations and board disciplinaryactions. A profile of the types of conductthat destroy careers would then be availableto counselors and counselor educators.

For Counselor Educators

• Reinforce understanding of ethical codes inall graduate courses. Many counselorsarticulate such caveats as “avoid dualrelationships” but have difficulty explainingwhy or how these types of relationships are,in fact, slippery slopes.

• Teach the use of ethical decision-makingmodels in all courses.

• Provide case studies of ethical dilemmasfrom a variety of work settings that detailhow counselors position themselves on theslippery slope.

• Observe licensing board meetings. Theactivities of the boards may appear as amysterious process. Counselor educatorscan learn about the types of correspondencesubmitted and discussed as well as boardmembers’ concerns about practicingcounselors. Sharing this information withgraduate students gives them access to a rich

168

source of information about currentviolations.

Conclusion: Salting the Slippery Slope

Regulating bodies, educators and supervisors, andcounselors can be instrumental in salting the ethicalslope by doing more to insure common standards,training, and identity. By strengthening counseloridentity, the professional journey will be lesstreacherous in the future.

References

American Counseling Association. (2005). ACA Codeof ethics. Alexandria, VA: Author.

Gale, A. U., & Austin, B. D. (2003). Professionalism’schallenges to professional counselors’ collectiveidentity. Journal of Counseling & Development, 81,3–9.

Gray, N. D., & Remley, T. P. (2003). The professionaldevelopment and satisfaction with the supervisionof post-master’s degree counselors seeking statelicensure. Paper presented at the meeting of theAmerican Association of State Counseling Boards,Tucson, Arizona.

Herlihy, B., Healy, M., Cook, E. P., & Hudson, P. (1987).Ethical practices of licensed professional counselors:A survey of state licensing boards. CounselorEducation and Supervision, 27(1), 69–76.

Mascari, J. B. (2005). A 3-year study of the violationsof New Jersey Licensed Professional Counselors2001–2004. Unpublished manuscript.

Mascari, J. B. (2004). The relationship of counselorlicensing standards and violations: A mixedmethodological review. Dissertation AbstractsInternational (UMI No. 3148764).

National Board for Certified Counselors. (2003). Codeof ethics. Greensboro, NC: Author.

Neukrug, E. S., Healy, M., & Herlihy, B. (1992). Ethicalpractices of licensed professional counselors: Anupdated survey of state licensing boards. CounselorEducation and Supervision, 32(2), 130–142.

Neukrug, E. S., Milliken, T., & Walden, S. (2001).Ethical complaints made against credentialedcounselors: An updated survey of state licensingboards. Counselor Education and Supervision, 41(1),57–71.