Week 1 Assignment
American Association of Sexuality Educators, Counselors and Therapists
Code of Ethics & Conduct for AASECT Certified Members
Article I: Preamble
Recognizing its responsibilities to society and given its own national and international
objectives, the American Association of Sexuality Educators, Counselors and Therapists
(AASECT) has adopted the following Code of Ethics & Conduct (Code). The Code
applies to all Certified AASECT members and encompasses any activity that directly or
indirectly relates to professional identity or training. The Code does not replace or modify
the requirements for or purposes of certification as a sex educator, counselor, therapist or
Supervisor.
As a professional association, AASECT has a duty to advocate and enforce both high
quality services from and proper conduct/professionalism by its members in order to
ensure both. Through setting forth standards of ethical conduct for practice-related
conditions, qualities, skills and services, the Code is intended to assist AASECT Certified
members with judgments made in the course of their professional services.
Certified members of AASECT, in the conduct of all aspects of their life that relates to
their professional work and identity, are expected to honor the Code, and AASECT
certification is predicated upon adherence thereto.
Article II: Conditions of Certification
AASECT Certification may be terminated for sufficient cause as outlined in the Bylaws
and the formal Application for Certification.
Those applying for AASECT Certification must submit the following as part of the
application process:
1. Notification in writing to the AASECT Office of:
a. denial of an application for or disciplinary action taken against any
professional license or certification by a state or federal entity, or by a private
certification entity;
b. conviction, guilty plea, or no contest plea of a felony;
c. conviction, guilty plea, or no contest plea of a misdemeanor directly related to
public health or the provision of safe and competent sexual health counseling
or therapy;
2. a. Current AASECT Certified members are required to notify the AASECT Board of Directors (Board) in writing within thirty (30) days should an action
listed in paragraphs (a) – (c) of the above Section 1 occur.
b. In the event any professional licensing board or certification entity initiates charges against a current AASECT Certified member, that member shall
provide the Board with written notification of the charges, along with any
related documentation. Such notification must be made within thirty (30)
days of the Certified member’s knowledge of the charges and any request
from AASECT for information or documentation related to such charges must
be satisfied within thirty (30) days of such request.
c. Decisions on all applications for AASECT certification or recertification may be suspended until the adjudicatory outcome of charges has been determined.
Denial of applications shall be by two-thirds vote of the entire Board in
accordance with the policies and procedures established by the Bylaws and
the Formal Application for Certification.
Article III: Grounds for Corrective Action:
Actions that may constitute grounds for discipline involving a Certified member include,
but are not limited to:
1. violation of AASECT Practice Guidelines, Code of Ethics & Conduct and/or
other policies developed and implemented from time to time by the Board
(collectively, AASECT Standards);
2. violation of guidelines and ethical standards established by the sexual health
community;
3. denial of an application for or disciplinary action taken against any professional
license or certification by a state or federal entity, or by a private certification
entity;
4. conviction, guilty plea, or no contest plea of a felony;
5. conviction, guilty plea, or no contest plea of a misdemeanor directly related to
public health or the provision of safe and competent sexual health education,
counseling or therapy;
6. failure to promote the safety and welfare of the public, whether through negligent
acts or omission, or through misrepresentation;
7. misuse or reproduction of AASECT certification materials, logos, abbreviations,
or emblems that are the exclusive property of AASECT without the express
written permission of AASECT;
8. failure to relinquish and/or refrain from using AASECT Certificates, the
AASECT logo and/or emblems, the AASECT name, and/or AASECT
abbreviations, when so directed by AASECT;
9. misrepresentation or falsification of material information in connection with an
application, credentials, assessment documentation, continuing education reports,
or other materials or information submitted to AASECT;
10. engaging in inappropriate conduct in connection with the certification or
certification renewal processes, including, but not limited to:
1. noncompliance with assessment procedures or instructions;
2. violation of confidentiality agreements signed in accordance with the
candidate application and/or assessment administration; or
3. publishing, reproducing, or distributing assessment materials or information.
11. termination from an employment position involving the use of AASECT
certification and where the conduct leading to such termination involved:
1. child or elder abuse;
2. sexual abuse;
3. substance abuse; or
4. job-related crimes.
12. filing a complaint with AASECT deemed to be false, frivolous or intended to
harm a member, certified member or applicant and not intended to protect the
public;
13. discipline by or expulsion from a grievance board of a university, college,
governmental agency, or professional organization to which the Certified member
belongs;
14. failure to comply with a duly entered order of the Board;
15. failure to cooperate with an investigation conducted by the Board;
16.failure to report known or suspected violations of AASECT Standards within
thirty (30) days of such knowledge or suspicion;
17.unprofessional conduct as determined by the Board.
The information available to, as well as the deliberations of the Board, shall be deemed
confidential. The outcomes, negative determinations and sanctions may be published on the AASECT website. Any action taken regarding continued or terminated membership, with concomitant conditions made by the Board is final and cannot be appealed. The
Certified member will be notified in a timely fashion by the Board in writing of any
decision regarding membership or certification status.
Article IV: Administrative Sanctions
Sanctions imposed by AASECT may include, but are not limited to:
1. Temporary or permanent loss of eligibility for certification or membership.
2. Suspension of Certificate or membership.
3. Probation of Certificate or membership.
4. Revocation of Certificate or membership.
5. Assessment of monetary sanctions to recover costs associated with the
investigation and administrative prosecution by AASECT.
Article V: Additional AASECT Authority and Disclosure
In the interest of protecting the public and the integrity of the profession, AASECT shall
have the authority to:
1. Disclose an individual’s certification and/or membership status on its website.
2. Disclose a member and/or certified member’s AASECT disciplinary history on its
website.
3. Provide AASECT disciplinary history and/or complaints filed regarding a
Certified member to the agency(s) responsible for state licensure, employers,
and/or other professional certification or credentialing organizations.
Please see Disciplinary Procedures for concerns related to enquiries or complaints.
Article VI: Code Of Conduct
Principle One: Competence and Integrity
Competence
AASECT Certified members shall be committed to maintaining high standards of
scholarship and practice and shall be accountable as an individual to the AASECT
Standards. Additionally, Certified members shall perform any professional service in
accord with the prevailing standards of performance in professional activities when
measured against generally prevailing peer performance.
The Certified member shall have training in sexuality education, counseling, therapy,
and/or supervision that is in accord with AASECT 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 as determined by the Practice Guidelines and by the
Certification standards.
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 not provide any remuneration, regardless of form, to any
source for receiving the referral of a consumer for professional services unless the source
of the referral maintains continued involvement in the care of the consumer. Conversely,
the Certified member shall not receive any remuneration regardless of form from any
source for providing the referral of a consumer for professional services unless the
Certified member maintains continued involvement in the care of the consumer. Any
such financial arrangement must be disclosed to and approved and acknowledged in
writing by the consumer.
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.
Principle Two: Moral, Ethical, and Legal Standards
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.
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 AASECT 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 AASECT 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 Chair of the AASECT Disciplinary
Committee.
Principle Three: Welfare of the Consumer
Given that consumers are in unique and vulnerable positions with respect to the sensitive
nature of services related to sexuality education, 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.
1. The member shall, from the onset of professional contact with a consumer or a
potential consumer, clarify:
a. Professional training, experiences and competencies;
i. AASECT's mission includes responsibility for providing education and
certification for sexual health professionals. One of AASECT’s objectives
is consumer protection and to ensure that the public is not misled by
inaccurate claims of those AASECT members.
ii. If a Certified member lists certification among his/her
credentials, that member must specify the area of certification (i.e., as a
sexuality educator, sexuality counselor, sex therapist or supervisor) in any
manner, media or forum. For example, a certified sexuality counselor may
not advertise him or herself as a certified sexuality educator. Only
AASECT Certified Supervisors may advertise themselves as offering
AASECT supervision.
iii. AASECT members who are candidates for degrees,
certification or supervisor may not state their candidacy as part of their
identification in any manner, media or forum. For example, a candidate for
a degree program such as a doctorate or for AASECT sex therapy
certification may not advertise that status. Consumers can be misled by
titles such as “Ph.D Candidate” or “Sex Therapy Certification Candidate”.
b. The nature of the professional services available to the consumer (with an
explanation of mutual roles and duties);
c. The limits of intervention effectiveness;
d. Personal values or professional preferences that reflect biases rather than being responsive to the needs and well-being of the consumer;
e. Any exceptions to confidentiality and privileged communications (e.g. duty
to warn, mandatory reporting, etc.); and
f. Any financial issues, especially the payment obligations of the consumer.
2. 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 HIPPA/ PIPPA and follow all legal requirements protecting consumer
privacy.
3. 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.
4. The Certified member shall divulge information received from a consumer or
prospective consumer to the extent required only in the following circumstances:
a. When the consumer provides written and informed consent, which indicates:
i. The type and nature of information to be released; ii. Knowledge of the purpose for which the information will be used; iii. Designation of the source that will receive the information; iv. That the consent is given voluntarily and with competency; and
v. The consumer’s name and the date on which the consent is given.
b. 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.
c. When applicable law declares that such information may be released.
5. 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.
6. 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.
7. 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. 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;
8. 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.
9. 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.
10. 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.
11. 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. Such plan shall be consistently documented in
writing, justified academically, evaluated for effectiveness, monitored for
strengths and weaknesses and periodically modified accordingly.
12. 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.
13. 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 an educator, 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.
14. 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.
Principle Four: Welfare of Students, Trainees and Others
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.
1. 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; the objectives, responsibilities and duties of all
concerned and any financial issues, especially any payment obligations.
2. 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.
3. The Certified member shall maintain high standards of scholarship and present
information that is accurate and timely in all administrative, educational and
supervisory activities.
4. The Certified member shall keep meaningful and systematic records of all
administrative, educational and supervisory activities.
5. The Certified member shall not coerce or require a student, trainee or other to
serve as a subject for a research project.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
Principle Five: Welfare of Research Subjects
Certified members shall conduct their investigations with respect for the dignity, rights
and welfare of the subjects. Research must be ethical and legal at its inception and
throughout the course of the investigation, with Certified members being mindful of not
justifying investigative techniques that are solely considered by the intended or achieved
outcome.
1. The Certified member shall be involved only with sex research that is carried out
by persons qualified to perform such investigations or under the direct supervision
of persons so qualified.
2. The Certified member shall be involved only with sex research that designates
and identifies (in writing) to the potential subjects the names and professional
qualifications of the person(s) or persons with ethical scientific and legal
responsibility for the conduct of the investigation.
3. The Certified member shall be involved only with sex research that provides
adequate protection(s) to human subjects at risk. Any research project must:
a. Include the voluntary and informed consent of each subject; and
b. Be in accord with applicable legal authority of the jurisdiction within which
such research is being conducted.
4. The Certified member shall only be involved with sex research that protects the
confidentiality of research data including the identity of participants or others
revealed during the investigation.
5. The Certified member shall only be involved with sex research that requires all
investigators to be honest and accurate in their dealings with research subjects and
all persons receiving information about the research.
6. The Certified member shall only be involved with sex research that offers to
provide an explanation of the purpose of the investigation and of the individual
and collective results to each person who serves as a research subject.
7. The Certified member shall only be involved with sex research that has been
prefaced by the submission of a research proposal for peer review with special
reference to ethical and legal safeguards for the potential research subjects. This
peer review may occur in different forms, such as an institutional review board for
evaluation for ethical propriety, and must be in accord with all relevant laws.
8. The Certified member shall not engage in any type of sexual relationship or
sexual behavior with research subjects as defined above in Principle Three (3),
paragraph thirteen (13).
©2014. American Association of Sexuality Educators Counselors & Therapists
(AASECT). All rights reserved.