Examining Per-Pro Distinction With Apa
Examining Per-Pro Distinction With Apa
Examining Per-Pro Distinction With Apa
The Ethics Code of the American Psychological Associa- cases, depending on time and relevant variables in the case)
tion (APA) applies to the professional role behaviors of former clients; and multiple relationships with clients,
members and not to their personal behavior. This article when the multiple relationship is likely to lead to impair-
discusses some of the difficulties inherent in drawing dis-
This article is intended solely for the personal use of the individual user and is not to be disseminated broadly.
tinctions between the personal and the professional. Con- ally, in their work-related behavior, psychologists are ob-
sideration is given to the importance of clarifying public ligated to behave in ways that are consistent with other
statements. Four ethics codes other than the APA Ethics standards of the APA Ethics Code. Examples include the
Code are examined for how they treat the personal–pro- obligation to protect research participants, to keep certain
fessional distinction. A number of questions are posed to kinds of information confidential, to evaluate students in
assist in determining the tilt a behavior takes. A concluding ways consistent with program requirements, to use appro-
recommendation suggests that APA Ethical Standards be priate assessment instruments, and to present psychological
applied only to professional role behaviors, whereas aspi- information accurately when teaching. Thus, individuals
rational principles might be applied to personal behavior. who join the APA voluntarily agree to constrain their
Keywords: ethics, ethical standards, ethical principles, per- behavior in a variety of ways within their profes-
sonal behavior and ethics, psychology and ethics sional role.2
Consistent with the above comments, one of the issues
Ethics with Annotations Especially Applicable to Psy- a few feet away. Even though he knows his clients are there, he
This document is copyrighted by the American Psychological Association or one of its allied publishers.
chiatry (American Psychiatric Association, 2001), and becomes very intoxicated, to the point of slurred speech. Is his
the ethics code of the American Counseling Association behavior subject to the Ethics Code? Would it make any differ-
ence if one of his clients had a problem with alcohol abuse or if
(1995) each contain a section that is quite applicable
Dr. Rodriguez ran the local alcohol treatment facility? What if the
here. Each of these codes notes that professionals have same incident was repeated a number of times?
an affirmative duty to indicate when they are speaking as
a matter of personal opinion as opposed to speaking as Dr. Green, a psychologist who is a statistician, is a player–
experts. manager for a softball team and she has invited her doctoral
This distinction between speaking as a matter of per- student, Lois, to play on the team with her. On the ball field, and
sonal expression versus speaking as a representative of a in front of the other players, Dr. Green repeatedly belittles her
profession or an institution is addressed by the American student’s athletic skills. She also frequently makes substitutions in
Association of University Professors (1940) Statement of a way that limits Lois’s playing time. In the role of doctoral
Principles on Academic Freedom and Tenure: advisor, Dr. Green is supportive and fair. Is Dr. Green’s behavior
on the softball field subject to the Code?
College and university teachers are citizens, members of a learned
profession, and officers of an educational institution. When they Explicit guidance concerning such behavior is not in the
speak or write as citizens, they should be free from institutional Code, although Standard 3.04 (APA, 2002) does admonish
censorship or discipline, but their special position in the commu- psychologists to avoid harming students and others with
nity imposes special obligations. As scholars and educational
officers, they should remember that the public may judge their whom they work. It is unlikely that any ethics code will be
profession and their institution by their utterances. Hence they able to answer clearly questions about all of the many
should at all times be accurate, should exercise appropriate re- complicated situations that could conceivably arise in dis-
straint, should show respect for the opinions of others, and should tinguishing between the personal and the professional.
make every effort to indicate that they are not speaking for the Nonetheless, later in this article, we turn to the problem
institution. (Section: Academic Freedom [c]) of determining the tilt (toward the personal or toward the
Even though the APA Ethics Code does not contain a professional) a behavior takes as a function of several
standard requiring that psychologists clarify statements that variables, including some raised by the examples just
might be ambiguous along the dimension of speaking pri- cited.
vately versus speaking as a professional, such a standard Perhaps as much as any area of psychology, feminist
could indeed help prevent misunderstanding. Obviously, theory and practice (e.g., Worell & Johnson, 1997) raises
claims by psychologists that they are acting as private the question of the personal versus the professional life of
citizens, in the face of clear and convincing evidence that the psychologist. One of the mantras of feminist psychol-
they were functioning within a professional role, are ogy has been the belief that “the personal is political.”
fraudulent. Indeed, the preamble to the Feminist Therapy Code of
Although the purpose of this article is not to suggest Ethics (Feminist Therapy Institute, 2000; see additional
new APA ethical standards, we do believe that in making comments below concerning this code) includes this very
future revisions of the APA Ethics Code, psychologists statement. In turn, political issues (e.g., social justice)
should consider slightly altering current standards in the are seen as part and parcel of the psychological enter-
area of public statements, so as to provide additional guid- prise. One need only pick up any of several books on
ance to psychologists seeking to make clear that they are feminist ethics (e.g., Brabeck, 2000; Rave & Larsen,
speaking for themselves in a given arena. In turn, such a 1995) to see that personal values and personal identity
standard, when applied to a particular situation, would are inextricably interwoven with the idea of professional
directly address the question of the distinction between the values and ethics.
personal and the professional. Not all difficulties in distin- Another example highlighting the ambiguous relation-
guishing between personal and professional behavior can ship between the personal and the professional, especially
essence, “we have nothing to say” if the therapist writes a member of the profession.
This document is copyrighted by the American Psychological Association or one of its allied publishers.
letters to the editor that are racist? Is such (perhaps) per- The psychiatric ethics code (American Psychiatric
sonal behavior outside the scope of the APA Ethics Code? Association, 2001) does make clear that there is a distinc-
The confusion between the personal and the profes- tion between the private and the professional and, simul-
sional is also indirectly addressed by those writers (e.g., taneously, implicitly acknowledges that these two roles can
Kitchener, 1996, 1999, 2000; Meara, Schmidt, & Day, become intertwined. One section of this code (2 [1.0])
1996) who advocate virtue ethics as an alternative or ad- states, “The requirement that the physician conduct him-
dendum to principle ethics. Virtue ethics, with its emphasis self/herself with propriety in his or her profession and in all
on, among other things, character, suggests that the kind of the actions of his or her life [italics added] is especially
person someone is (in some total sense) drives what the important in the case of the psychiatrist.” On the one hand,
person does and how the person thinks in the professional this section of the psychiatric code appears to imply that
as well as in the personal realm. Hence, individuals who psychiatrists must (by constraint of the code?) conduct their
advocate for virtue ethics as an effective tool in thinking personal life with propriety. On the other hand, the psychi-
about ethical dilemmas, although not necessarily ruling out atric ethics code is not clear on what personal behavior
the distinction between the personal and the professional, might be specifically constrained by the American Psychi-
certainly add complexity to psychologists’ thinking. atric Association.
The question of character and fitness for duty has been It appears that the codes for psychiatrists and coun-
raised directly in the literature by Johnson and Campbell selors are silent on whether professionals can in their
(2002, 2004) who suggested that training programs and personal lives discriminate against others on the basis of
licensure boards should give more attention to these two culture, religion, sexual orientation, and so forth. (Natu-
issues. In their view, there should be more screening along rally, certain forms of discrimination are illegal regardless
character dimensions (e.g., integrity, prudence, and caring) of whether one is acting within a professional role.) It is
and fitness (e.g., personality adjustment, psychological interesting that the Canadian Psychological Association
health, and use of substances). Although their articles fo- (2000) code says (Principle I.2) that psychologists would
cused on screening, as opposed to discipline, the implica- “Not engage publicly (e.g., in public statements, presenta-
tion is clear that variables outside one’s immediate perfor-
tions, research reports, or with clients) in degrading com-
mance of duties can and should be considered if there is a
ments about others, including demeaning jokes based on
rational link between a deficiency and one’s fitness or
such characteristics as culture, nationality, ethnicity, color,
capacity to practice psychology. Likewise, training pro-
race, religion, sex, gender, or sexual orientation.” Note that
grams often seek out students who possess the ability to be
self-reflective. For example, in their predoctoral internship the Canadian Psychological Association code seems to
materials, the Ball State University Counseling Center imply that one should not make degrading public state-
(2004) states the following: ments, and this prohibition does not seem limited to clients
or others with whom psychologists work.
An important component of our training program is the intersec- Section V(A) of the Feminist Therapy Code of Ethics
tion between the personal and professional. . . . We believe that (Feminist Therapy Institute, 2000) states: “A feminist ther-
effectiveness in all aspects of professional functioning is related apist seeks multiple avenues for impacting change, includ-
to one’s ability to reflect on oneself, one’s interpersonal and ing public education and advocacy within professional
personal dynamics and the history from which these dynamics organizations, lobbying for legislative actions, and other
emerge. Thus, professional functioning can be either enhanced or
hindered by one’s development, or lack thereof, in these essential
areas. (¶ 16) 4
It is inaccurate to speak of a single feminist position on, for
example, ethics or hate speech. As Enns (1993) has pointed out, there are
From this perspective, a personal skill, self-reflection, is several schools of feminist thought, not to mention individual variation
implicitly a professional skill. among feminists.
on to say the following: psychologist, there are transference issues that might make
This document is copyrighted by the American Psychological Association or one of its allied publishers.
research participant expressed confusion about whether the code of ethics and the personal behavior of an association’s
This document is copyrighted by the American Psychological Association or one of its allied publishers.
behavior is personal or professional? (e) Is there a high members. A code of ethics is a consensus document and it
probability that the action will be viewed or discovered by is unlikely, given the great diversity of culture in the United
research participants, students, or clients currently receiv- States, that there can be standards for personal behavior
ing services? (f) Does the action threaten the credibility of about which psychologists will all agree. Even attempting
the psychologist or the field of psychology? (g) Given the to ban something as odious as personal hate speech often
opportunity, did the psychologist fail to clarify that the raises constitutional issues and serious disagreement
action was a personal one? (h) Was the behavior repeated, among stakeholders. Furthermore, there will always be
especially if the answer to one of the first four questions some disagreement about the boundary between profes-
was yes? sional and personal behavior. For these boundary areas,
Although not listed as one of the guiding questions, context and detail are extremely important. For example,
we would also note that if the behavior seems likely to what might constitute personal behavior in a large urban
violate the spirit or letter of either the Ethical Standards, the setting might constitute professional behavior in a small
Ethical Principles, or any APA guidelines, obviously this community. In part reflecting the tradition in the United
should be a signal to engage in further thoughtful analysis, States of an emphasis on personal freedom, and the con-
even if all other indicators suggest that the behavior is comitant difficulty of achieving even rough consensus
personal. It is important to emphasize that answers to these about applying ethical standards to private behavior, we are
questions, as noted above, do not provide an automatic generally supportive of the idea that APA Ethical Standards
categorization. Rather, they provide a framework to help should apply only to professional role behavior.
think about the degree to which a behavior might be slip- We have suggested a number of ways in which indi-
ping into the professional realm. viduals and the field should approach this dilemma. We
have suggested one specific possibility for an addition to
What Are the Implications of a Fuzzy our Ethics Code—namely that of considering a standard
Boundary? that more directly addresses one’s affirmative duty to clar-
We briefly highlight three implications. First, issues of ify when one is speaking for one’s personal self and when
character (see discussion above) must surely count in se- one is speaking as a professional. Such a standard can be
lecting and training future psychologists. If psychologists found in the ethics codes of the Canadian Psychological
cannot always distinguish between the personal and the Association, the American Counseling Association, and the
professional, and assuming that there is a reciprocal rela- American Psychiatric Association. Furthermore, we have
tionship between elements of the two domains, then how proposed that psychologists examine the tilt of their behav-
psychologists select students for graduate school becomes ior when they find themselves in the gray area. We have
critical. They must select individuals whose character in- emphasized the need for self-reflection and personal devel-
cludes qualities such as truthfulness, personal responsibil- opment. Additionally, we have recommended that training
ity, and integrity. Such character helps ensure ethical be- programs use selection procedures that take into consider-
havior whether one is operating in the personal or in the ation character traits, and we have suggested that programs
professional realm or somewhere in between. should emphasize the importance of aspirational principles.
Second, training in ethics in graduate school should Finally, we would like to propose an idea that would
emphasize not just obeying the standards in the Ethics make no change in the standards to which psychologists are
Code but should encourage behavior that is consistent with held but that would make clear the investment psycholo-
broader aspirational principles. Furthermore, because the gists have in ethical behavior beyond the borders of their
personal and the professional do so often become inter- professional lives. We propose that the APA consider
twined, a stance of self-reflection and self-knowledge amending the Introduction and Applicability portion of the
should be modeled and fostered in graduate programs. Ethics Code so that the General Principles, which are
Among others, Kant (e.g., see Potter, 2002) emphasized the aspirational (not enforceable), can be explicitly discussed
Therefore, the issue is not really whether APA is in the Fisher, C. B. (2003). Decoding the ethics code: A practical guide for
This document is copyrighted by the American Psychological Association or one of its allied publishers.
business of making judgments about personal behavior, psychologists. Thousand Oaks, CA: Sage.
because under certain circumstances, it certainly does make Fisher, C. B., & Younggren, J. N. (1997). The value and utility of the 1992
such judgments. We are deeply sympathetic with the argu- ethics code. Professional Psychology: Research and Practice, 28,
ment, rooted in this country’s historical emphasis on the 582–592.
Franklin Prescriptions, Inc. v. New York Times Co., 267 F. Supp. 2d 425
right to be let alone, that professional codes of ethics (E.D. Pa. 2003).
should not dictate one’s personal behavior. At the same Gergen, K. J. (1991). The saturated self: Dilemmas of identity in contem-
time, one of the strengths and attractive features of the porary life. New York: Basic Books.
APA Code is that it does draw a distinction between what Getzels, J. W., & Guba, E. G. (1954). Role, role conflict, effectiveness.
American Sociological Review, 19, 164 –175.
is enforceable and what is aspirational. This does not mean Glenn, D. (2004, November 5). Anthropologists move meeting to avoid
that everyone in APA completely agrees with these aspi- picket lines. The Chronicle of Higher Education, p. A18.
rational principles; but for the most part, these principles Gottlieb, M. C. (1993). Avoiding exploitive dual relationships: A deci-
are written in a way that makes them palatable to most sion-making model. Psychotherapy, 30, 41– 48.
psychologists. They are undergirded by values of such Jacobson, J. (2004, November 5). NCAA penalizes University of Wash-
ington for football coach’s gambling. The Chronicle of Higher Educa-
obvious appeal (e.g., justice, integrity, respect for people’s tion, p. A35.
rights and dignity) that it seems plausible psychologists Johnson, W. B., & Campbell, C. D. (2002). Character and fitness require-
could achieve a consensus on them as aspirational beyond ments for professional psychologists. Are there any? Professional Psy-
their professional role. In our view, to say that abiding by chology: Research and Practice, 33, 46 –53.
Johnson, W. B., & Campbell, C. D. (2004). Character and fitness require-
these values is something to which psychologists aspire in ments for professional psychologists: Training directors’ perspectives.
their personal lives seems reasonable, if not obvious. Professional Psychology: Research and Practice, 35, 405– 411.
Kennedy, S. S., Mercer, J., Mohr, W., & Huffine, C. W. (2002). Snake oil,
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Table 1
Incarceration Rates by Race
Rate (%) of incarceration per
Populationa Incarcerationb population Approximate
ratio (Black
Year Total White Black Total White Black Total White Black to White)
1933 125,579 112,815 12,764 137,997 102,118 31,739 0.11 0.09 0.25 2.5:1
1950 151,684 135,814 15,870 178,065 115,742 60,542 0.12 0.09 0.38 4:1
1960 180,671 160,023 19,006 226,065 138,070 83,747 0.13 0.09 0.44 5:1
1970 204,879 179,491 22,787 198,831 115,322 81,520 0.10 0.06 0.36 6:1
1989 248,240 208,961 30,660 712,563 343,550 334,952 0.29 0.16 1.09 7:1
1995 263,168 218,149 33,095 1,126,287 454,961 546,005 0.43 0.21 1.65 8:1
a
Total population of the United States by ethnicity (in thousands). Data are from U.S. Department of Commerce, Bureau of the Census (1975, 1976, 1997).
b
Total number of prison population by ethnicity. Data are from U.S. Department of Justice, Bureau of Justice Statistics (1986, Table 3–31; 1997).