Ethical Practice Inquiries: ASHA Jurisdictions

Issues in Ethics Statements: Definition

From time to time, the Board of Ethics determines that members and certificate holders can benefit from additional analysis and instruction concerning a specific issue of ethical conduct. Issues in Ethics statements are intended to heighten sensitivity and increase awareness. They are illustrative of the Code of Ethics and intended to promote thoughtful consideration of ethical issues. They may assist members and certificate holders in engaging in self-guided ethical decision-making. These statements do not absolutely prohibit or require specified activity. The facts and circumstances surrounding a matter of concern will determine whether the activity is ethical. This Issues in Ethics statement replaces the previous one titled “Ethical Practice Inquiries: State Versus ASHA Jurisdictions.”

Return to Top

Introduction

Some members of the American Speech-Language-Hearing Association (ASHA) also are members of other professional organizations having codes of ethics or codes of professional conduct to which their members must abide. Examples include but are not limited to local, regional, and state speech-language-hearing associations; related local, regional, state national/international professional organizations including teachers' organizations; and other associations that require adherence to an ethical code. In addition, some ASHA members hold licenses issued by a state licensure board and/or a teacher certification agency to practice professionally in that state. Consequently, with regard to ethical conduct, some ASHA members may come under the jurisdiction of several separate and independent bodies, each having authority to administer and enforce its own code of ethics or code of professional conduct. While generally similar in intent and principle, the codes to be enforced may be worded differently and indeed do not replicate the ASHA Code of Ethics. Each organization or entity is responsible for determining whether its members, licensees, and or certificate holders are in compliance with its ethical code of conduct.

“The ASHA Board of Ethics is charged by the Bylaws of the American-Speech-Language-Hearing Association with the responsibility to interpret, administer, and enforce the Code of Ethics of the Association” (ASHA, 1998 Spring). ASHA, therefore, has jurisdiction over only its own members and must judge their actions only in reference to the ASHA Code of Ethics.

Return to Top

Discussion

Does a violation of a code of ethics or code of professional conduct of another organization/entity by an ASHA member or certificate holder automatically constitute a breach of the ASHA Code of Ethics? The violation of another code of ethics is not automatically a violation of the ASHA Code of Ethics. Each case is judged on its merits under the ASHA Code of Ethics. Further, the Board of Ethics weighs the evidence provided by the Complainant and by the Respondent and its relevance to the ASHA Code of Ethics.

The conduct of an ASHA member or certificate holder may be judged by other entities with differing (even though related) codes of ethics or conduct. It is quite possible that an individual's conduct might be judged in violation of one code but not another. It is possible that the investigations by several entities could result in multiple adjudications and varying, perhaps conflicting, decisions in some ethical practice inquiries.

In conclusion, when inquiries about the same individual are presented simultaneously to ASHA and another entity there is always a possibility that each group may decide independently to adjudicate the matter. Where independently constituted and authorized entities are charged with enforcement of independently adopted (though perhaps similar) codes of ethics, there is sufficient authority for the adjudicating entities to act independently on the same alleged violation, even if the decisions conflict. The reality of separate and multiple jurisdictions reinforces the need for confidentiality among ASHA members about possible violations of the ASHA Code of Ethics. When the Board of Ethics finds a violation it may elect to share that ruling with other appropriate entities (e.g., licensure board for the state in which the member holds a license) as permitted by the board's procedures.