Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 14 - REHABILITATION › Appendix A - CRCC

Current through June, 2024
Preamble
Rehabilitation counselors are committed to facilitating
				personal, social, and economic independence of individuals with disabilities.
				In fulfilling this commitment, rehabilitation counselors work with people,
				programs, institutions, and service delivery systems. Rehabilitation counselors
				recognize that both action and inaction can be facilitating or debilitating.
				Rehabilitation counselors may be called upon to provide counseling; vocational
				exploration; psychological and vocational assessment; evaluation of social,
				medical, vocational, and psychiatric information; job placement and job
				development services; and other rehabilitation services, and do so in a manner
				that is consistent with their education and experience. Moreover,
				rehabilitation counselors also must demonstrate adherence to ethical standards
				and must ensure that the standards are enforced vigorously. The Code of
				Professional Ethics, henceforth referred to as the Code, is designed to
				facilitate the accomplishment of these goals.
The primary obligation of rehabilitation counselors is to their
				clients, defined in this Code as people with disabilities who are receiving
				services from rehabilitation counselors. The basic objective of the Code is to
				promote the public welfare by specifying and enforcing ethical behavior
				expected of rehabilitation counselors. Accordingly, the Code consists of two
				kinds of standards, Canons and Rules of Professional Conduct.
The Canons are general standards of an aspirational and
				inspirational nature reflecting the fundamental spirit of caring and respect
				which professionals share. They are maxims which serve as models of exemplary
				professional conduct. The Canons also express general concepts and principles
				from which more specific Rules are derived. Unlike the Canons, the Rules are
				more exacting standards that provide guidance in specific circumstances.
Rehabilitation counselors who violate the Code are subject to
				disciplinary action. A Rule violation is interpreted as a violation of the
				applicable Canon and the general principles embodied thereof. Since the use of
				the Certified Rehabilitation Counselor (CRC) designation is a privilege granted
				by the Commission on Rehabilitation Counselor Certification (CRCC), the CRCC
				reserves unto itself the power to suspend or to revoke the privilege or to
				approve other penalties for a Rule violation. Disciplinary penalties are
				imposed as warranted by the severity of the offense and its attendant
				circumstances. All disciplinary actions are undertaken in accordance with
				published procedures and penalties designed to assure the proper enforcement of
				the Code within the framework of due process and equal protection of the
				laws.
When there is reason to question the ethical propriety of
				specific behaviors, persons are encouraged to refrain from engaging in such
				behaviors until the matter has been clarified. Certified Rehabilitation
				Counselors who need assistance in interpreting the Code should request in
				writing an advisory opinion from the Commission on Rehabilitation Counselor
				Certification. Rehabilitation counselors who are not certified and require
				assistance in interpreting the Code should request in writing an advisory
				opinion from their appropriate professional organization.
Rehabilitation Counselor Code of Ethics
Canon 1 - MORAL AND LEGAL STANDARDS
Rehabilitation counselors shall behave in a legal,
				ethical, and moral manner in the conduct of their profession, maintaining the
				integrity of the Code and avoiding any behavior which would cause harm to
				others.
Rules of Professional Conduct
R1.1 Rehabilitation counselors will obey the laws and statutes
				in the legal jurisdiction in which they practice and are subject to
				disciplinary action for any violation, to the extent that such violation
				suggests the likelihood of professional misconduct.
R1.2 Rehabilitation counselors will be thoroughly familiar
				with, will observe, and will discuss with their clients the legal limitations
				of their services, or benefits offered to clients so as to facilitate honest
				and open communication and realistic expectations.
R1.3 Rehabilitation counselors will be alert to legal
				parameters relevant to their practices and to disparities between legally
				mandated ethical and professional standards and the Code. Where such
				disparities exist, rehabilitation counselors will follow the legal mandates and
				will formally communicate any disparities to the appropriate committee on
				professional ethics. In the absence of legal guidelines, the Code is ethically
				binding.
R1.4 Rehabilitation counselors will not engage in any act or
				omission of a dishonest, deceitful, or fraudulent nature in the conduct of
				their professional activities. They will not allow the pursuit of financial
				gain or other personal benefit to interfere with the exercise of sound
				professional judgment and skills, nor will rehabilitation counselors abuse
				their relationships with clients to promote personal or financial gain or the
				financial gain of their employing agencies.
R1.5 Rehabilitation counselors will understand and abide by the
				Canons and Rules of Professional Conduct which are prescribed in the
				Code.
R1.6 Rehabilitation counselors will not advocate, sanction,
				participate in, cause to be accomplished, otherwise carry out through another,
				or condone any act which rehabilitation counselors are prohibited from
				performing by the Code.
R1.7 Rehabilitation counselors' moral and ethical standards of
				behavior are a personal matter to the same degree as they are for any other
				citizen, except as these may compromise the fulfillment of their professional
				responsibilities or reduce the public trust in rehabilitation counselors. To
				protect public confidence, rehabilitation counselors will avoid public behavior
				that clearly is in violation of accepted moral and ethical standards.
R1.8 Rehabilitation counselors will respect the rights and
				reputation of any institution, organization, or firm with which they are
				associated when making oral or written statements. In those instances where
				they are critical of policies, they attempt to effect change by constructive
				action within organizations.
R1.9 Rehabilitation counselors will refuse to participate in
				employment practices which are inconsistent with the moral or legal standards
				regarding the treatment of employees or the public. Rehabilitation counselors
				will not condone practices which result in illegal or otherwise unjustifiable
				discrimination on any basis in hiring, promotion, or training.
Canon 2 - COUNSELOR-CLIENT RELATIONSHIP
Rehabilitation counselors shall respect the integrity and
				protect the welfare of people and groups with whom they work. The primary
				obligation of rehabilitation counselors is to their clients, defined as people
				with disabilities who are receiving services from rehabilitation counselors.
				Rehabilitation counselors shall endeavor at all times to place their clients'
				interests above their own.
Rules of Professional Conduct
R2.1 Rehabilitation counselors will make clear to clients, the
				purposes, goals, and limitations that may affect the counseling
				relationship.
R2.2 Rehabilitation counselors will not misrepresent their role
				or competence to clients. Rehabilitation counselors will provide information
				about their credentials, if requested, and will refer clients to other
				specialists as the needs of clients dictate.
R2.3 Rehabilitation counselors will be continually cognizant of
				their own needs, values, and of their potentially influential position,
				vis-a-vis clients, students, and subordinates. They avoid exploiting the trust
				and dependency of such persons. Rehabilitation counselors make every effort to
				avoid dual relationships that could impair their professional judgment or
				increase the risk of exploitation. Examples of dual relationships include, but
				are not limited to, research with and treatment of employees, students,
				supervisors, close friends, or relatives. Sexual intimacies with clients are
				unethical.
R2.4 Rehabilitation counselors who provide services at the
				request of a third party will clarify the nature of their relationships to all
				involved parties. They will inform all parties of their ethical
				responsibilities and take appropriate action. Rehabilitation counselors
				employed by third parties as case consultants or expert witnesses, where there
				is no pretense or intent to provide rehabilitation counseling services directly
				to clients, beyond file review, initial interview and/or assessment, will
				clearly define, through written or oral means, the limits of their
				relationship, particularly in the areas of informed consent and legally
				privileged communications, to involved individuals. As case consultants or
				expert witnesses, rehabilitation counselors have an obligation to provide
				unbiased, objective opinions.
R2.5 Rehabilitation counselors will honor the right of clients
				to consent to participate in rehabilitation services. Rehabilitation counselors
				will inform clients or the clients' legal guardians of factors that may affect
				clients' decisions to participate in rehabilitation services, and they will
				obtain written consent after clients or their legal guardians are fully
				informed of such factors. Rehabilitation counselors who work with minors or
				other persons who are unable to give voluntary, informed consent, will take
				special care to protect the best interests of clients.
R2.6 Rehabilitation counselors will avoid initiating or
				continuing consulting or counseling relationships if it is expected that the
				relationships can be of no benefit to clients, in which case rehabilitation
				counselors will suggest to clients appropriate alternatives.
R2.7 Rehabilitation counselors will recognize that families are
				usually an important factor in clients' rehabilitation and will strive to
				enlist family understanding and involvement as a positive resource in promoting
				rehabilitation. The permission of clients will be secured prior to family
				involvement.
R2.8 Rehabilitation counselors and their clients will work
				jointly in devising an integrated, individualized rehabilitation plan which
				offers reasonable promise of success and is consistent with the abilities and
				circumstances of clients. Rehabilitation counselors will persistently monitor
				rehabilitation plans to ensure their continued viability and effectiveness,
				remembering that clients have the right to make choices.
R2.9 Rehabilitation counselors will work with their clients in
				considering employment for clients in only jobs and circumstances that are
				consistent with the clients' overall abilities, vocational limitations,
				physical restrictions, general temperament, interest and aptitude patterns,
				social skills, education, general qualifications and other relevant
				characteristics and needs. Rehabilitation counselors will neither place nor
				participate in placing clients in positions that will result in damaging the
				interest and welfare of either clients or employers.
Canon 3 - CLIENT ADVOCACY
Rehabilitation counselors shall serve as advocates for
				people with disabilities.
Rules of Professional Conduct
R3.1 Rehabilitation counselors will be obligated at all times
				to promote access for people with disabilities in programs, facilities,
				transportation, and communication, so that clients will not be excluded from
				opportunities to participate fully in rehabilitation, education, and
				society.
R3.2 Rehabilitation counselors will assure, prior to referring
				clients to programs, facilities, or employment settings, that they are
				appropriately accessible.
R3.3 Rehabilitation counselors will strive to understand
				accessibility problems of people with cognitive, hearing, mobility, visual
				and/or other disabilities and demonstrate such understanding in the practice of
				their profession.
R3.4 Rehabilitation counselors will strive to eliminate
				attitudinal barriers, including stereotyping and discrimination, toward people
				with disabilities and will enhance their own sensitivity and awareness toward
				people with disabilities.
R3.5 Rehabilitation counselors will remain aware of the actions
				taken by cooperating agencies on behalf of their clients and will act as
				advocates of clients to ensure effective service delivery.
Canon 4 - PROFESSIONAL RELATIONSHIPS
Rehabilitation counselors shall act with integrity in
				their relationships with colleagues, other organizations, agencies,
				institutions, referral sources, and other professions so as to facilitate the
				contribution of all specialists toward achieving optimum benefit for
				clients.
Rules of Professional Conduct
R4.1 Rehabilitation counselors will ensure that there is fair
				mutual understanding of the rehabilitation plan by all agencies cooperating in
				the rehabilitation of clients and that any rehabilitation plan is developed
				with such mutual understanding.
R4.2 Rehabilitation counselors will abide by and help to
				implement "team" decisions in formulating rehabilitation plans and procedures,
				even when not personally agreeing with such decisions, unless these decisions
				breach the ethical Rules.
R4.3 Rehabilitation counselors will not commit receiving
				counselors to any prescribed courses of action in relation to clients, when
				transferring clients to other colleagues or agencies.
R4.4 Rehabilitation counselors, as referring counselors, will
				promptly supply all information necessary for a cooperating agency or counselor
				to begin serving clients.
R4.5 Rehabilitation counselors will not offer on-going
				professional counseling/case management services to clients receiving such
				services from other rehabilitation counselors without first notifying the other
				counselor. File review and second opinion services are not included in the
				concept of professional counseling/case management services.
R4.6 Rehabilitation counselors will secure from other
				specialists appropriate reports and evaluations, when such reports are
				essential for rehabilitation planning and/or service delivery.
R4.7 Rehabilitation counselors will not discuss in a
				disparaging way with clients the competency of other counselors or agencies, or
				the judgments made, the methods used, or the quality of rehabilitation
				plans.
R4.8 Rehabilitation counselors will not exploit their
				professional relationships with supervisors, colleagues, students, or employees
				sexually or otherwise. Rehabilitation counselors will not condone or engage in
				sexual harassment, defined as deliberate or repeated comments, gestures, or
				physical contacts of a sexual nature unwanted by recipients.
R4.9 Rehabilitation counselors who know of an ethical violation
				by another rehabilitation counselor will informally attempt to resolve the
				issue with the counselor, when the misconduct is of a minor nature and/or
				appears to be due to lack of sensitivity, knowledge, or experience. If the
				violation does not seem amenable to an informal solution, or is of a more
				serious nature, rehabilitation counselors will bring it to the attention of the
				appropriate committee on professional ethics.
R4.10 Rehabilitation counselors possessing information
				concerning an alleged violation of this Code, will, upon request, reveal such
				information to the Commission on Rehabilitation Counselor Certification or
				other authority empowered to investigate or act upon the alleged violation,
				unless the information is protected by law.
R4.11 Rehabilitation counselors who employ or supervise other
				professionals or students will facilitate professional development of such
				individuals. They provide appropriate working conditions, timely evaluations,
				constructive consultation, and experience opportunities.
Canon 5 - PUBLIC STATEMENTS/FEES
Rehabilitation counselors shall adhere to professional
				standards in establishing fees and promoting their services.
Rules of Professional Conduct
R5.1 Rehabilitation counselors will consider carefully the
				value of their services and the ability of clients to meet the financial burden
				in establishing reasonable fees for professional services.
R5.2 Rehabilitation counselors will not accept for professional
				work a fee or any other form of remuneration from clients who are entitled to
				their services through an institution or agency or other benefits structure,
				unless clients have been fully informed of the availability of services from
				other such sources.
R5.3 Rehabilitation counselors will neither give nor receive a
				commission or rebate or any other form of remuneration for referral of clients
				for professional services.
R5.4 Rehabilitation counselors who describe rehabilitation
				counseling or the services of rehabilitation counselors to the general public
				will fairly and accurately present the material, avoiding misrepresentation
				through sensationalism, exaggeration, or superficiality. Rehabilitation
				counselors are guided by the primary obligation to aid the public in developing
				informed judgments, opinions, and choices.
Canon 6 - CONFIDENTIALITY
Rehabilitation counselors shall respect the
				confidentiality of information obtained from clients in the course of their
				work.
Rules of Professional Conduct
R6.1 Rehabilitation counselors will inform clients at the onset
				of the counseling relationship of the limits of confidentiality.
R6.2 Rehabilitation counselors will take reasonable personal
				action, or inform responsible authorities, or inform those persons at risk,
				when the conditions or actions of clients indicate that there is clear and
				imminent danger to clients or others after advising clients that this must be
				done. Consultation with other professionals may be used where appropriate. The
				assumption of responsibility for clients must be taken only after careful
				deliberation and clients must be involved in the resumption of responsibility
				as quickly as possible.
R6.3 Rehabilitation counselors will not forward to another
				person, agency, or potential employer, any confidential information without the
				written permission of clients or their legal guardians.
R6.4 Rehabilitation counselors will ensure that there are
				defined policies and practices in other agencies cooperatively serving
				rehabilitation clients which effectively protect information
				confidentiality.
R6.5 Rehabilitation counselors will safeguard the maintenance,
				storage, and disposal of the records of clients so that unauthorized persons
				shall not have access to these records. All non-professional persons who must
				have access to these records will be thoroughly briefed concerning the
				confidential standards to be observed.
R6.6 Rehabilitation counselors, in the preparation of written
				and oral reports, will present only germane data and will make every effort to
				avoid undue invasion of privacy.
R6.7 Rehabilitation counselors will obtain written permission
				from clients or their legal guardians prior to taping or otherwise recording
				counseling sessions. Even with guardians' written consent, rehabilitation
				counselors will not record sessions against the expressed wishes of
				clients.
R6.8 Rehabilitation counselors will persist in claiming the
				privileged status of confidential information obtained from clients, where
				communications are privileged by statute for rehabilitation counselors.
R6.9 Rehabilitation counselors will provide prospective
				employers with only job relevant information about clients and will secure the
				permission of clients or their legal guardians for the release of any
				information which might be considered confidential.
Canon 7 - ASSESSMENT
Rehabilitation counselors shall promote the welfare of
				clients in the selection, utilization, and interpretation of assessment
				measures.
Rules of Professional Conduct
R7.1 Rehabilitation counselors will recognize that different
				tests demand different levels of competence for administration, scoring, and
				interpretation, and will recognize the limits of their competence and perform
				only those functions for which they are trained.
R7.2 Rehabilitation counselors will consider carefully the
				specific validity, reliability, and appropriateness of tests, when selecting
				them for use in a given situation or with particular clients. Rehabilitation
				counselors will proceed with caution when attempting to evaluate and interpret
				the performance of people with disabilities, minority group members, or other
				persons who are not represented in the standardized norm groups. Rehabilitation
				counselors will recognize the effects of socioeconomic, ethnic, disability, and
				cultural factors on test scores.
R7.3 Rehabilitation counselors will administer tests under the
				same conditions that were established in their standardization. When tests are
				not administered under standard conditions, as may be necessary to accommodate
				modifications for clients with disabilities or when unusual behavior or
				irregularities occur during the testing session, those conditions will be noted
				and taken into account at the time of interpretation.
R7.4 Rehabilitation counselors will ensure that instrument
				limitations are not exceeded and that periodic reassessments are made to
				prevent stereotyping of clients.
R7.5 Rehabilitation counselors will make known the purpose of
				testing and the explicit use of the results to clients prior to administration.
				Recognizing the right of clients to have test results, rehabilitation
				counselors will give explanations of test results in language clients can
				understand.
R7.6 Rehabilitation counselors will ensure that specific
				interpretation accompanies any release of individual data. The welfare and
				explicit prior permission of clients will be the criteria for determining the
				recipients of the test results. The interpretation of assessment data will be
				related to the particular goals of evaluation.
R7.7 Rehabilitation counselors will attempt to ensure, when
				utilizing computerized assessment services, that such services are based on
				appropriate research to establish the validity of the computer programs and
				procedures used in arriving at interpretations. Public offering of an automated
				test interpretation service will be considered as a
				professional-to-professional consultation. In this instance, the formal
				responsibility of the consultant is to the consultee, but the ultimate and
				overriding responsibility is to clients.
R7.8 Rehabilitation counselors will recognize that assessment
				results may become obsolete. They make every effort to avoid and prevent the
				misuse of obsolete measures.
Canon 8 - RESEARCH ACTIVITIES
Rehabilitation counselors shall assist in efforts to
				expand the knowledge needed to more effectively serve people with
				disabilities.
Rules of Professional Conduct
R8.1 Rehabilitation counselors will ensure that data for
				research meet rigid standards of validity, honesty, and protection of
				confidentiality.
R8.2 Rehabilitation counselors will be aware of and responsive
				to all pertinent guidelines on research with human subjects. When planning any
				research activity dealing with human subjects, rehabilitation counselors will
				ensure that research problems, design, and execution are in full compliance
				with such guidelines.
R8.3 Rehabilitation counselors presenting case studies in
				classes, professional meetings, or publications will confine the content to
				that which can be disguised to ensure full protection of the identity of
				clients.
R8.4 Rehabilitation counselors will assign credit to those who
				have contributed to publications in proportion to their contribution.
R8.5 Rehabilitation counselors recognize that honesty and
				openness are essential characteristics of the relationship between
				rehabilitation counselors and research participants. When methodological
				requirements of a study necessitate concealment or deception, rehabilitation
				counselors will ensure that participants understand the reasons for this
				action.
Canon 9 - COMPETENCE
Rehabilitation counselors shall establish and maintain
				their professional competencies at such a level that their clients receive the
				benefit of the highest quality of service the profession is capable of
				offering.
Rules of Professional Conduct
R9.1 Rehabilitation counselors will function within the limits
				of their defined role, training, and technical competency and will accept only
				those positions for which they are professionally qualified.
R9.2 Rehabilitation counselors will continuously strive through
				reading, attending professional meetings, and taking courses of instruction to
				keep abreast of new developments, concepts, and practice that are essential to
				providing the highest quality of services to their clients.
R9.3 Rehabilitation counselors, recognizing that personal
				problems and conflicts may interfere with their professional effectiveness,
				will refrain from undertaking an activity in which their personal problems are
				likely to lead to inadequate performance. If they are already engaged in such
				activity when they become aware of their personal problems, they will seek
				competent professional assistance to determine whether they should suspend,
				terminate or limit the scope of their professional activities.
R9.4 Rehabilitation counselors who are educators will perform
				their duties based on careful preparation so that their instruction is
				accurate, up-to-date and scholarly.
R9.5 Rehabilitation counselors who are educators will ensure
				that statements in catalogs and course outlines are accurate, particularly in
				terms of subject matter covered, bases for grading, and nature of classroom
				experiences.
R9.6 Rehabilitation counselors who are educators will maintain
				high standards of knowledge and skill by presenting rehabilitation counseling
				information fully and accurately, and by giving appropriate recognition to
				alternative viewpoints.
Canon 10 - CRC CREDENTIAL
Rehabilitation counselors holding the Certified
				Rehabilitation Counselor (CRC) designation shall honor the integrity and
				respect the limitations placed upon its use.
Rules of Professional Conduct
R10.1 Certified Rehabilitation Counselors will use the
				Certified Rehabilitation Counselor (CRC) designation only in accordance with
				the relevant GUIDELINES promulgated by the Commission on Rehabilitation
				Counselor Certification.
R10.2 Certified Rehabilitation Counselors will not attribute to
				the mere possession of the designation depth or scope of knowledge, skill, and
				professional capabilities greater than those demonstrated by achievement of the
				CRC designation.
R10.3 Certified Rehabilitation Counselors will not make unfair
				comparisons between a person who holds the Certified Rehabilitation Counselor
				(CRC) designation and one who does not.
R10.4 Certified Rehabilitation Counselors will not write,
				speak, nor act in ways that lead others to believe Certified Rehabilitation
				Counselors are officially representing the Commission on Rehabilitation
				Counselor Certification, unless such written permission has been granted by the
				said Commission.
R10.5 Certified Rehabilitation Counselors will make no claim to
				unique skills or devices not available to others in the profession unless the
				special efficacy of such unique skills or device has been demonstrated by
				scientifically accepted evidence.
R10.6 Certified Rehabilitation Counselors will not initiate or
				support the candidacy of an individual for certification by the Commission on
				Rehabilitation Counselor Certification if the individual is known to engage in
				professional practices which violate this Code.