Professional Documents
Culture Documents
Music Therapy: Cheryl Dileo, PAD, MT-BC
Music Therapy: Cheryl Dileo, PAD, MT-BC
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‘MUSIC THERAPY
https://archive.org/details/ethicalthinkingi0000dile
ETHICAL THINKING
MUSIC THERAPY
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My cherished
son,feffrey Dileo Marants, uheteachesme
CONTENTS
Preface..,......0<<s<060 ere eee eee ee eee eee eee eee eee rere rer rer errr errrrr reer errr rrr rere err rerr errr rrr
CU RRU YW RO NINOSTNGI org crave ised cesses tee sia esas eet sue se cade heeacine cota eae Xiv
About the Author POCO CeO Re eee HHT E HET O ESET EOE OTHE ESTEE ST HEHEHE EEEEFESOHE EEE EH EH EES xvi
Caring
Empathy
Courage
Prudence
Chapter Summary
Additional Learning Experiences
Introduction
Informed Consent
Information About Treatment
Information About the Music Therapist
Confidentiality and Its Limits
Financial Policies
General Policies
Clients’ Right to Refuse Treatment
Rights of Minors as Clients
Therapists’ Responsibilities Within the Helping
Relationship
Communication, Dignity and Respect
Non-Judgment and Acceptance
Facilitating Clients’ Autonomy & Responsibility
Therapists’ Responsibilities in Working with Groups
Therapists’ Responsibilities in Treating Difficult Clients
Therapists’ Responsibilities Regarding the Setting
Therapists’ Responsibilities in Preventing Harm
Therapists’ Responsibilities in Terminating Treatment
Chapter Summary
Ethical Dilemmas
Additional Learning Experiences
2S: Ethical Thinking and Confidentiality Deere eee beer eee see eeeeeeseneeese
Definitions
Limits to confidentiality
Mandatory Reporting
The Duty to Warn and Protect 100
Protecting the Client from Self: Suicide 101
HIV/AIDS 104
Children 106
Groups 108
Safeguarding Confidential Information 109
Confidentiality in Record Keeping 110
Record Retention i13
Release of Records 114
To Clients 114
Subpoenas and Court Orders DTD.
To Insurance Companies oa5.
For Teaching Purposes 116
Informed Consent for Release 116
Chapter Summary 117
Ethical Dilemmas 119
Additional Learning Experiences 120
Boundaries 123
Boundaries in Music Therapy 124
Boundary Violations 125
Protecting Boundaries 126
Dual Relationships dz7.
Definitions and Prevalence 127
Social Relationships with Clients 128
Sexual Relationships with Clients: Sexual Exploitation 129
Prevalence 130
Characteristics of Therapists Who Sexually Exploit 130
Typical Reactions to Sexual Feelings 132
Dealing with Problems 133
Legal Aspects 135
The Use of Touch in Therapy 135
Accepting Gifts 137
Therapist’s Self-Disclosure 138
The Setting for Therapy 139
Dual Professional Relationships: Bartering 139
Post-Therapy Dual Relationships 140
Guidelines for Dual Relationships 14]
Chapter Summary 142
Ethical Dilemmas 143
Additional Learning Experiences 146
Need 150
The Present Problem 15]
Skills 154
Characteristics of Ethnic Groups i353
Identity Development 158
Models of Treatment 160
Feminist Therapy 160
Conscientizacao 161
Multicultural Group Work 161
Recommendations for Education & Training 163
Additional Recommendations 164
Chapter Summary 166
Ethical Dilemmas 167
Additional Learning Experiences 169
Background 17S
Informed Consent 175
Injury to Subjects LI?
Confidentiality 180
Competence 18]
Integrity and Objectivity in Research 182
Ethical Precautions Using Various Research Designs 182
Control Group Designs 183
Randomized Designs 184
Baseline-Treatment Designs 184
Longitudinal Designs 184
Deception in Research 185
Ethical Issues in Research with Specific Populations 186
Geriatrics 186
AIDS Patients 187
Children 188
Ethical Issues in Other Research Paradigms 190
Covert Observations 190
Qualitative Research 19]
Historical Research 19]
Ethical Issues in Research Publication 19]
Ethics and the Peer Review Process in Research 192
Research Fraud 193
Chapter Summary 194
Ethical Dilemmas 195
Additional Learning Experiences 198
9. Financial and Advertising Issues & Responsibilities
tothe Publier yin tena ae eaten 199
Definitions 233
Advertising and Recruitment 236
Admissions Pet
Program Design and Content 238
Competence in Education and Supervision 238
Dual Relationships in Education and Supervision 241
Dual Therapy Relationships in Education & Supervision 241
Experiential Training 243
Dual Sexual Relationships in Education & Supervision 246
Dynamics 246
Prevalence and Effects 247
Ethical Issues 248
Recommendations 250
Student Evaluations 251
Confidentiality 252
Teaching Ethics 252
Where Ethics is Taught and Learned 253
How Ethics Should be Taught 254
Ethics Competencies 255
Chapter Summary 256
Ethical Dilemmas 257
Additional Learning Experiences 258
IROTGREI
CES isc, <csecazicns te cette yee cs een? 269
therapy professional. Music therapists are regularly confronted with ethical problems
for which no clear or obvious solution is forthcoming. They face conflicts in needs,
rights, responsibilities and values. Negotiating their way through these ethical
quagmires requires caring, compassion, prudence, and courage.
Finally, I’ve learned that teaching ethical thinking requires a thoughtful, safe,
sensitive, encouraging, honest and allowing process. As ethical thinking calls upon
all parts of the person, including an acute sense of self-awareness, students (and
professionals) must be sufficiently supported in this endeavor. In addition, those who
teach and supervise must be capable of serving as ethical role models themselves.
redundancies.
As I mentioned above, the breadth of ethical issues that a professional may
encounter is staggering. Not all have been or could be included in this text. This is
not meant to imply that these issues are either unimportant or ethical just because
they do not appear. Choices of issues had to be made, and numerous ethics textbooks
in related fields were consulted concerning the topics they included or did not
include. The present text is considered to be relatively similar in content to the most
widely accepted texts in other professions.
Professional music therapists may use this book as a reference for the
numerous ethical dilemmas they encounter in their work. They may use the ethical
decision-making model to solve ethical problems in the “real world,” and they may
also benefit from specific guidelines for dealing with ethical issues. Helping
clinicians to become sensitized to and to anticipate ethical problems is also an
important mission of this book. For example, music therapists in private practice
may become more aware of the potentially enormous ethical and legal issues they
may encounter.
This book is intended to be a practical one, i.e., to facilitate ethical thinking
and to apply this thinking to potential ethical problems. Although there is some
information provided on ethical principles, theory and philosophy, this is not its
primary focus.
The relationship of the law to music therapy practice is emphasized whenever
possible, as this may impact significantly on ethical decision-making. However, it
is important to note two things in this regard: 1) laws affecting practice vary from
state to state, and it is not feasible in one volume to present all the laws from all the
states, and 2) music therapists may or may not be covered by or named specifically
in these laws, and there is little precedent for how these laws have been or may be
applied to music therapists.
Similarly, for readers who are from countries other than the United States, it
is essential to note that this book has been written from an American perspective
alone, particularly with regard to laws, No attempt has been made to address legal
issues for music therapists practicing outside the United States.
It is also critical for non-American readers to understand that ethics occurs
within a cultural context, and the cultural context for this book is strictly American
(multicultural as it may be)! Therefore, ethical issues that are addressed herein may
not be ethical issues at all within a different culture or country. Moreover, there may
be ethical issues not addressed in this book that are serious issues in another culture.
Teachers and supervisors from non-U.S. countries who use this book as a text, will
therefore need to interpret the issues for their students based on their own culture.
Various ethical dilemmas are presented at the end of most chapters in the
form of case examples. These dilemmas have been drawn from a variety of sources:
my personal experience (and all identifying information has been removed), from the
contributions and discussions of my students throughout the years, and occasionally
X1V
Acknowledgments
First, I would like to acknowledge the significant role that Mr. Charles
Braswell, Professor Emeritus of Music Therapy, Loyola University of the South, has
XV
Cheryl Dileo
August, 2000
XV1
She is a Past-President of the World Federation of Music Therapy, and also a Past-
President of the National Association for Music Therapy, Inc.,
She received her bachelor’s and master’s degrees in music therapy from Loyola
University of the South and her PhD from Louisiana State University, Baton Rouge.
She has held music therapy teaching positions at the University of Evansville and
Loyola University of the South, and served as a Consultant in the development of the
music therapy undergraduate program at the Berklee College of Music, Boston.
She has served in many leadership positions for the National Association for Music
Therapy, the World Federation of Music Therapy and other professional organizations
during the past 25 years. She authored the Model Ethical Guidelines of the World
Federation of Music Therapy, Inc. (1993), and also the Code of Ethics of the National
Association for Music Therapy, Inc. (1988).
She is the author/editor of 10 books and over 70 chapters and articles on music
therapy; her research specialties include: medical music therapy, professional ethics
and music therapy education and training. She is a consulting editor for the Journal
of Music Therapy, The International Journal of Arts Medicine, and The Arts in
Psychotherapy.
She is currently involved in clinical work and research at Temple University Hospital
with patients awaiting heart transplantation. She frequently consults with medical
facilities who are interested in establishing music therapy or music medicine
programs.
Figure 1
Empathy
Core Principles
Why should music therapists be ethical? There are two primary reasons.
Music therapists belong to the helping profession, individuals from a variety of
disciplines whose purpose it is to provide service to others. These services provide
an important function within society; helping professionals are bound to special
obligations to others, and enjoy special rights aswell. Their
s Society expects that these
individuals will exercise their professional and personal responsibilities in an ethical
manner, putting the needs of their clients above their own (Stein, 1990).
Secondly, ;
Music therapists have skills and
knowledge which translate into power. The ethical responsibility for therapists, then,
is to not exploit this power; to do so would imply a violation of the client’s trust, a
necessary component of helping. Furthermore, helpers have an ethical imperative to
be aware of themselves and their actions, and to promote the welfare of and
minimize harm to the client (Stein, 1990).
According to Pope and Vasquez (1998), ethics*impliesethreesfundamental
asks
admitting,the:significance
for therapists: 1) of the: lives of the individuals we’
pour pi
orneeeeie Te PT bilitwas P
Terminology
There are a number of terms used in professional ethics that must be defined
and clarified prior to further discussion. Although definitions abound for these terms,
the following definitions will be used in the current text.
The term, i e
a
eontexts. These standards “prescribe what humans ought to usually do in terms of
righis, obligations, benefits to society, fairness or specific virtues” (Andre, 1986, p.
2):
These principles are expressed as guidelines and comprise the Gedeof Ethics
for a profession. Holding a professional credential implies adherence to the
established ethical code. Ethical behaviors are those that conform to these accepted
professional standards of conduct.
Valieraresicubjentivel avd may be both emotionally charged and deeply felt by the
individual. “People’s values represent the totality of their prior experiences,
education, socialization, and reflection on choices made in other situations” (Stein,
1990, p. 23). As will be seen in this book, a music therapist’s own values often
influence “ethical thinking.” Furthermore, an individual’s personal values may be
in conflict with his or her professional ethics.
However, morals
involve an intrapersonal evaluation of behavior according to a static or evolving
cultural or religious framework (Corey, Corey & Callanan, 1998). Personal, religious
or cultural morals can influence and conflict with professional ethics.
- n
aninterdisciplinarystheoretical/and geographicalibasis” (Corey, et al., 1998, p. 3).
i i ;
Prosecutions,
The Background: Research in Professional Ethics
The area of music therapy ethics has not received adequate attention from
researchers, clinicians or scholars in the field. What is known from the published
research will be briefly summarized in this section. In addition, selected research
results concerning ethical behavior in the field of psychology will be reviewed.
Reasons for the lack of attention to music therapy ethics were speculated by
Dileo-Maranto (1987c) who stated that music therapy professionals may
inaccurately assume that: 1) the use of music in treatment is not ethically
problematic, 2) music therapists are not called upon or involved in ethical or legal
decisions, 3) the existing codes of ethics are sufficient for ethical decision-making,
and 4) music therapists are by nature ethical in all areas of practice.
Dileo-Maranto (1981b, 1984, 1987c) performed a systematic comparison of
the Code of Ethics of the National Association for Music Therapy, Inc. with codes
of ethics from other creative arts therapy professions and from other health care
professions. She found notable differences in content and focus among codes of
various creative arts therapy professions (art therapy, dance therapy, etc.), with few
commonalities among them. In comparing the NAMT code with those of other
health care professions, she found several areas not addressed in the NAMT code.
These included statements concerning continuing education, fees, advertising and
private practice. The NAMT Code was subsequently revised (Dileo-Maranto, et al.,
1988) to include these issues. She recommended that there be an ongoing evaluation
of the NAMT Code to assure its relevance and timeliness (1987c).
In spite of the lack of attention to ethics in their literature, music therapists
regard ethical competence as very important in comparison to other entry-level skills
(Braswell, Decuir and Dileo-Maranto, 1980). In contrast, however, music therapists’
ethical problem-solving abilities are disparate. Dileo-Maranto (1981a, 1981c, 1987c)
asked 21 randomly selected music therapists to select one of four solutions to 56
hypothetical ethical dilemmas and also to rate the importance of each of the ethical
dilemmas on a scale from 1 (Unimportant) to 7 (Extremely Important). Results of
this survey showed a widespread disagreement among respondents concerning the
“correct” solution to each of the ethical dilemmas (there was unanimous agreement
on only 8% of the solutions). Ethical problems causing most disagreement among
respondents included: the relationship between supervisor/practicum student,
incompetent faculty, use of employer’s facilities, settings for private practice,
personal values of the music therapy with regard to treatment, advertising,
confidentiality, and emotional involvement with clients (see Dileo-Maranto, 1987c
for the complete list). Respondents also rated the following ethical issues as most
important: confidentiality, client welfare, and dual relationships; and the following
as least important: advertising, personal behaviors of therapists, and gifts from
clients.
In a similar survey, Dileo-Maranto (1981a, 1981c, 1987c) asked 11 music
therapy experts to select the correct response (from four possibilities) to 300 ethical
problem situations and to rate their importance. There was unanimous agreement
among experts on only 25% of the solutions, and there was no unanimous agreement
on any one of the 300 items regarding its importance.
Dileo-Maranto (1980; 1981c) and Dileo-Maranto & Wheeler (1984;1986)
surveyed all NAMT and AAMT music therapy university faculty to determine how
ethics is taught within the music therapy curriculum. Results showed that music
therapy is taught most often as part of another course (rarely as a full course), and
that faculty felt that materials available to teach ethics were insufficient.
Respondents indicated that music therapy students are often quite naive to ethical
issues prior to instruction, and that instruction in ethics should constitute a greater
portion of training. The breadth of ethical issues emphasized in teaching appeared
limited (perhaps due to time constraints), as one-third of faculty reported that
confidentiality issues were the main focus of teaching. Faculty rated themselves as
at least moderately successful in teaching ethics, and there was no general consensus
among respondents concerning the most difficult area of ethics to teach.
Dileo-Maranto (1990) reviewed 256 experimental articles appearing in the
Journal of Music Therapy between 1968 and 1988. The method section of each was
analyzed to determine the specific ethical precautions implemented in research
relevant to informed consent (e.g., voluntary status of subjects, risk-benefit
advisement, protection of confidentiality, etc.). In addition, each article was assessed
to determine if any potentially deceptive or injurious procedures were used (physical,
psychological, or social). Only 22 % of the articles reviewed contained any reference
to the use of ethical precautions, and 4.3% implemented procedures that could be
classified as deceptive or potentially injurious to subjects. The author recommended
that there be additional education regarding research ethics to students and
professionals, a review of publication policy by the Journal of Music Therapy, and
greater familiarity with the NAMT Code of Ethics.
All of these studies point to the need for additional, as well as more focused
and in-depth education of music therapy students and professionals regarding
professional ethics. This need is apparent in other fields, as well. Several studies
regarding the ethical behaviors of psychologists are reported below as an example.
Pope and Vetter (1992) conducted a critical incident survey of common
ethical dilemmas experienced by 679 practicing members of the American
Psychological Association. Respondents identified 703 problematic ethical issues
which were organized according to 23 different categories. Fifty-seven percent
(N=398) of the ethical issues reported fell into the following four categories (in
descending order of frequency): 1) confidentiality, 2) blurred, dual or conflictual
relationships, 3) payment sources, plans, settings and methods, and 4) academic
settings, teaching dilemmas and concerns about training.
Within the first area, confidentiality, there was ample evidence provided that
psychologists were indeed struggling with difficult decisions about whether to reveal
confidential information and to whom. Particular areas of difficulty included:
reporting risks to third parties, child abuse cases and HIV disclosure. Respondents
appeared to be concerned about the boundaries of confidentiality among multiple
caregivers and in group situations, as well as the conflicts between ethical codes and
the law.
Within the second area, blurred, dual or conflictual relationships,
psychologists reported difficulties in maintaining clear and appropriate boundaries
within the therapeutic relationship, for example, in therapist/supervisory roles, in
providing therapy to individuals with whom there was also a social relationship, and
in relationships with former clients. The authors suggest the need for clarification in
the ethical guidelines as to what constitutes dual relationships, the special problems
involving dual relationships in small or rural communities, and the issues of
accidental dual relationships.
Within the third area, payment issues, respondents were in large part
concerned about ethical responsibilities with regard to clients’ inadequate insurance
coverage, billing issues, and conflicts between the needs of the clients and financial
priorities of providers, employers and/or administrators.
Within the fourth category, academic and teaching issues, many respondents
reported ethical dilemmas in the pressures to assign inflated grades to students as
well as the issue of dealing with unqualified students.
Frequent problems addressed by the Ethics Committee of the American
Psychological Association reportedly involve issues of competence, poor
professional judgment, impaired practice (physical and emotional problems),
informed consent, confidentiality, dual relationships and financial arrangements.
Poor training is a possible cause of these phenomena (Peterson, 1996; Pryzwansky
& Wendt, 1999).
Other research regarding ethical issues in psychology and related fields will
be mentioned throughout this text. As will be seen, ethics education for students and
professionals continues to be cited as a possible preventive strategy for ethical
problems.
t
equality with which treatment is dispersed at the individual level (Scott, 1998).
According to the concept of equality, “all benefits and burdens are to be distributed
equally” (Bailey & Schwartzberg, 1995, p. 7).
5) Fidaliégzizoplinsetiaeslaliill ?
Theories of Ethics
the ethical merit of actions is not determined by their consequences, but on the basis
of logically consistent, universal rules and principles involved in_ their
implementation (Schulte & Cochrane, 1995). For example, Kant stressed the
principle that individuals are intrinsically worthwhile, should be respected, and
should be autonomous (Banks, 1999). In contrast to consequentialists, non-
consequentialists affirm that maximizing the good does not imply a sacrifice of the
good for some so that others can benefit. In addition, non-consequentialists do not
need to know anticipated outcomes of actions before decisions are made. A problem
however with non-consequentialism is that there may be competing universal ethical
principles involved in any decision, and there is no means to prioritize these
principles. Consequentialists solve this issue by focusing on the principle that serves
the maximum good (Howe & Miramontes, 1992).
Critics of these two principle-based theories point to the problems in dealing
with abstract, universal principles. These appear to be difficult to apply in real-world
settings, are not sensitive to unique aspects of differing situations, and do not
enhance the creativity needed in addressing new ethical problems. Principle-based
theories also seem to ignore the histories and uniquenesses of the persons to whom
they are applied (Howe & Miramontes, 1992).
A thitd:category ofethical:theory involves those that are virtue-based. It is
wrong to assume that there are no principles involved in virtue-based ethics, as there
are indeed. However, these principles are abandoned when they are insufficient in
solving the concrete problem at hand. As such, principles are replaced with the
ideals of the “ethically virtuous deliberator.”"(Howe & Miramontes, 1992, p. 19).
Virtue-based theories thus pinpoint who is ethically virtuous. Decisions then are
evaluated in terms of how well they represent those of a virtuous decision-maker.
Virtue ethics is aspirational, relying on ideals, rather than on rules or principles.
“Simply stated, principle-based ethics asks ‘Is this situation unethical?’ whereas
virtue ethics asks ‘Am I doing what is best for my client’” (Corey, et al., 1998, p.
10).
According to Meara, Schmidt and Day (1996), a virtuous person can be
characterized as an individual
who (a) is motivated to do what is good, (b) possesses vision and
discernment, (c) realizes the role of affect or emotion in assessing or judging
proper conduct, (d) has a high degree of self-understanding and awareness,
and perhaps most importantly (e) is connected with and understands the
mores of his or her community and the importance of community in moral
decision making, policy-setting and character development and is alert to the
legitimacy of client diversity in these respects (pp. 28-29) (Pryzwansky &
Wendt, 1999).
Codes of Ethics
have a growing role in establishing rules. And finally, managed care imposes a
“lens” for viewing the client-therapist relationship. Coale (1998) concludes that
“(e)thics cannot be de-contextualized from the professions that promulgate them.
And the professions cannot be decontextualized from the socio-cultural context in
which they exist” (p. 15).
In summary, it is important to realize both the necessity for codes of ethics
as guidelines for professional behavior, as well as their inherent limitations. Codes
of ethics are indeed not a panacea for ethical behavior, and they comprise only one
part of the process of ethical thinking.
TABLE 1
INTERFACE OF THE LAW AND ETHICS
minate the ne
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implications, and 4) when law does not need interpretation, itpresupposes ethical
1S
responsibilities. Therefore, ethics and the law are neither separate nor the same.
There are no simple solutions to resolving conflicts between ethical codes
and the law. Different professions are subject to different laws, laws vary from state
to state, and there are a number of gray areas in existing laws.
Moreover, codes of ethics of various associations provide differing mandates
for resolving these conflicts. For example, members of the American Psychological
Association (APA, 1995) are required to seek solutions that conform to the law and
at the same time as closely as possible to the code of ethics. Members of the
American Counseling Association (ACA, 1995) are required to yield to legal
standards (Corey, et al. 1998). For music therapists confronting these ethical-legal
conflicts, consultation with a lawyer as well as knowledgeable music therapy
professionals is essential. Doing what is ethically reasonable may also be what is
legally acceptable as well (Howe & Miramontes, 1990; Thompson, 1990), but there
are exceptions to this rule.
The term, ice, i i Malpractice
refers to the a
a
suicide of a client, breach of contract, negligence, slander/libel, and breaches of
confidentiality. For a client (plaintiff) to win a malpractice suit, the following:musty
be:proven: “1) A legal duty of care was owed by the defendant to the plaintiff...2)
There isastandard of care, and the ...professional breached that duty, 3)The client
suffered harm or injury (demonstrated and established), and 4) The...professional’s -
breach’ of duty was'the proximate cause of the injury or harm...” (Malley & Reilly,
1999, p. 68).
In roalpeasteltete
motes ae eT eREETee PT evlisnreererimina!
prosecution, depending upon the complaint. If found liable in civil malpractice suits,
professionals receive mandatory fines to compensate injured plaintiffs, and are also
subject to paying punitive damages. In criminal cases, professionals found guilty are
subject to potential incarceration and monetary fines (Scott, 1998).
Because of the fear of ethical and legal sanctions in a litigious environment,
some therapists may take a “‘risk-management” approach to professional conduct and
painstakingly adhere to all relevant laws, standards, codes and policies. Whereas it
is commendable for professionals to be aware of and uphold these rules for
professional conduct, their motivation for doing so may be questionable. Therapists
who behave appropriately out of the fear of litigation and the need for self-protection
because others may be out to get them are indeed practicing from a defensive posture
and with a focus on their own needs. On the other hand, therapists who engage in
ethical conduct because it is the right thing to do are focusing on their professional
responsibilities and the needs of those they serve. “Holding high ethical standards
requires acting with benevolence and courage rather than donning protective armor
and running for a safe place to hide” (Koocher & Kieth-Spiegel, 1998, p. 4).
16
The thinking and feeling process that may be involved in accomplishing each
of the steps is may be as follows:
ROK KOK
STEP 2. Assess the obligations owed and to whom.
KKK
18
26K KK
STEP 4. Consult core ethical principles, ethical standards and codes, relevant
laws, and institutional policies.
26 AK OK 6 OK
28 KK KK
STEP 6. Identify your own beliefs and values and their role in this situation, as
well as those of the client.
a) Are the therapist's beliefs and values in conflict with those of the client?
b) Can the therapist integrate personal and professional beliefs?
38K KK
46 KK KK
KK KK
19
STEP 9. Generate possible solutions, utilizing the input of the client when
feasible.
OK ICKCK
STEP 10. Evaluate each proposed solution in terms of possible consequences
and make a decision.
a) Creating scenarios for various solutions, imagine the best, worst, possible
and probable outcomes for each.
b) Determine who will benefit and who will be harmed (physically,
psychologically, socially, economically, etc.) by each proposed
solution, (including, the client, client’s family, institution, students,
research participants, colleagues, profession, society and self), Use
a risk/benefit analysis of the situation.
c) Assess consequences of various solutions in terms ofshort, continuous and
long-term effects.
d) Select one or two solutions that appear best for the situation, and further
analyze these according to the following criteria:
i) How the solution affects the dignity and the responsible caring for
all involved. Through actively empathizing with the client,
determine how the client will feel about the solution.
ii) The degree to which the solution(s) upholds the core ethical
principles, codes of ethics and the law.
iti) The degree to which the solution is consistent with the informed
consent of the client.
iv) Whether the solution is within your normal range ofprofessional
behaviors and within the bounds of your competence.
v) Your feelings about and motivations for choosing this solution. Is
the decision based on pleasing others or yourself?
vi)The provisions and precautions required to cope with the
consequences of the decision.
e) After making a final decision, review this decision with a colleague,
supervisor and the client.
f) Determine your commitment to act on the decision. If action is suspended,
what are the reasons for this? Are there fears of risks to self? Are
there financial, legal, professional and/or social obstacles and
20
28K OK
KK KK
* KK KK
:
d : c
situations. When time does not permit the appropriate collection of information for
making an informed ethical choice, when there is no opportunity to involve the
appropriate persons, when it is difficult to identify the party to whom primary loyalty
is required, when stress is high and objectivity is diminished, and/or when an
ongoing evaluation and modification of actions is not feasible, ethical decision-
making can be less than optimal (Babad & Salomon, 1978; Koocher & Keith-
Spiegel, 1998). Crisis situations areusually characterized bythepresence ofan
@te! (Koocher & Keith-Spiegel, 1998).
Codes of ethics may not offer much guidance in these situations, and several
authors have provided suggestions for therapists to prepare themselves for these
situations. These are particularly relevant for music therapists who work in private
practice.
tk
are
ski The therapist should
be familiar with codes of ethics, legal regulations and institutional policies in
advance, for example, procedures for reporting child abuse and suicide threats.
Continuing education, workshops, in-service education, etc. can provide therapists
with information and skill in crisis management. The therapist should also develop
and maintain current articles on various topics in crisis management for reference in
times of need. The therapist should locate a knowledgeable attorney who may be
contacted in times of emergency, and keep his or her number handy. A professional
support group can be helpful for exploring potential issues before they occur, and
individuals can make themselves available to others in time of crisis. Therapists
should have sufficient self-awareness to realize the limits of their competence in
handling any situation, especially those that involve client crises, and should
immediately seek help when demands of the situation exceed their abilities. The
therapist should avoid relying on memory, actively documenting decisions made and
the rationale for such and maintain careful records (Jacob-Timm & Hartshorne,
1998; Keith-Spiegel & Koocher, 1985; Koocher & Keith-Spiegel,1998).
*You are not aware of a specific ethical standard you are violating.
*You can name others who are doing the same thing.
*Y our clients don’t complain.
*Y our client asked you to do it.
*Y our client, because of a specific condition, made you do it.
*You were not at your best on that day.
*You heard through a friend that an ethics committee member said it was
okay.
*You’re certain that the people who made up the code of ethics don’t
understand the difficulties of clinical practice.
*It results in more pay or recognition.
*It’s more convenient.
*No one will discover it or if they do, they won’t care.
*You’re observant of the majority of the other ethical standards.
*You’re not really trying to hurt anyone.
*There’s no definitive research proving what you did was harmful.
*You only did it one time.
*No one can say for sure or prove that you’ve done it.
*If you are famous, rich, accomplished, important, etc.
*If you are too busy to do otherwise.
Chapter Summary
1. Music therapists will inevitably face challenging ethical dilemmas during the
course of their professional careers. Ethical thinking is considered to be the most
important skill a music therapist can acquire.
2. Ethical thinking is a process that draws upon all resources of the professional. It
requires self-awareness of one’s beliefs, feelings, values, attitudes, and motivations;
knowledge of relevant codes, standards, principles, laws; sensitivity to the cultural
context and the client’s values; good judgment; and an application of personal
virtues.
4. The research on ethics in music therapy is limited, and existing findings reveal
contradictory results. Although music therapists may feel that competence in ethics
is quite important, there is little agreement among professionals concerning how
ethical problems may be solved, or concerning how ethics is taught. Furthermore,
insufficient attention has been given to ethical standards in the published music
therapy research literature. There is an apparent need for a more systematic approach
24
7. Laws provide minimum standards for practice. The relationship between the law
and ethics is a complex one. Legal and ethical standards are sometimes consistent
with each other and sometimes not, and expert advice is often needed when there is
a conflict. Most professionals are extremely threatened by the notion of malpractice
litigation, although professionals may choose to practice in an ethical manner rather
than in a defensive manner.
1) Identify the problem, issues and practices involved. 2) Assess the obligations owed
and to whom. 3) Assess your personal/emotional response. 4) Consult core ethical
principles, ethical standards and codes, relevant laws, and institutional policies. 5)
Consider the context and setting. 6) Identify your own beliefs and values and their
role in this situation, as well as those of the client. 7) Consult with colleagues,
supervisors and all possible resources. 8) Consider how the ideal, virtuous therapist
might respond. 9) Generate possible solutions, utilizing the input of the client when
feasible. 10) Evaluate each proposed solution in terms ofpossible consequences and
make a decision. 11) Implement the decision. 12) Evaluate the decision.
9. Music therapists should avoid situations that may pose increased ethical risks, and
at the same time prepare themselves strategically for decision making in crisis
situations.
1. As a beginning exercise, jot down some specific professional actions that you
consider to be clearly unethical. Consider whether these unethical behaviors are
25
2. Make a list of some of the ethical dilemmas you have encountered as a student or
professional. Rank order these in terms of frequency, and be prepared to discuss
these with your fellow students. Consider the aspects of ethical thinking, if any, you
used in coming to a solution regarding the dilemmas.
3. React to the current research findings concerning ethics in music therapy. What
do you think about the status of the profession in this regard, and what studies would
you consider as important for the future?
4. Skim through the codes of ethics provided in the Appendix. Classify various
statements as “normative,” “aspirational,” or “prescriptive.” What are your first
impressions of the codes? How do you feel the various codes are similar or different
in tone?
8. Write a short paper on one particular theory of ethics that appeals to you or to
which you have had some exposure. Evaluate how this is consistent with your own
personal belief system.
9. Attempt to rank order the core ethical principles in terms of their importance.
Provide a justification for this ordering and discuss this with your classmates.
10. Keep a personal journal while studying this textbook, to be seen only by you.
After each chapter, describe your emotional reactions to a particular section or
sections. For example, in this chapter, what are your reactions to the possibility of
having a malpractice suit filed against you as a professional? What parts of the
chapter do you find most validating for yourself? What parts of the chapter
overwhelm you, and why?
THE VIRTUOUS MUSIC THERAPIST
client welfare, from which both the elements of trustworthiness and client autonomy
are derived. These virtues include: respect for human worth and dignity, moral
autonomy, and caring for clients and other parties (Cohen, 1994).
Each of these models has important relevance for music therapy practitioners,
and all of the virtues listed in each of the models are deemed necessary for good
practice. The remainder of this chapter will focus on a “‘short list” of those therapist
virtues that are seen as essential to true helping in music therapy and to the
attainment of ethical thinking.
Caring
(
understanding him,orher (Doherty, 1995).
Absorption iin the client puts him or her as the primary focus of attention,
while also . “Devotion characterizes your
response to the cared for person. Interdependence not independence, dependence or
codependence best characterizes this part/apart relationship” (Dokecki, 1996, p.
101).
The willingness to go beyond the self implies helping the client achieve his
or her goals, although these may sometimes differ from those of the therapist
(Doherty, 1995; Noddings, 1984). However, caring helps the therapistitolgrow..as
(Dokecki, 1996).
In addition, Dokecki (1996) and Mayerhoff (1971) elaborate on the
characteristics of the caring therapist: the use of alternating rhythms, patience,
honesty, trust, humility, hope, courage, and perhaps most importantly, knowing.
Caring on the part of the therapist is not linear, but involves alternating
hytl ; ) bari neeRperienee es , 7
ofit to evaluate its results, and taking various perspectives of the self, client and
caring behaviors.y Caring involves actively chosen )
develop at their own pace} to sustain uncertainty, and to allow the self to grow in the
mastery of caring. Honesty allows the therapist tosee the clients asthey truly are, to
The therapist
eaten {rarer cage armen ed
his
limitations.
or her
invdifficult'situations, and to ar neers praseorcy oa replete with potentially
positive outcomes that may be influenced by his or her action of caring. Courage
permits the therapist to take risks. Finally, knowing is the most important ingredient
be inherently nurturing and caring for the client, and together with the care that
emanates from the person of the therapist, may be significant factors in the client’s
healing.
Empathy
Empathy is one of the most basic healing tools with which the music therapist
works. Empathy is motivated by caring, and indeed goes beyond it. It is both a virtue
and an innate capacity of the therapist, as well as perhaps the most essential part of
the therapeutic process.
Empathy involves opening oneself to the emotional experience of the client,
resonating with that experience, and thereby achieving a deeper understanding of and
connection with the client. Empathy is not sympathy or feeling for the client; it is
not solely an intellectual understanding of the client’s pain; nor does it entail an
emotional! identification with the client in which the therapist experiences the pain
in the same way as does the client. Empathy allows access to the most important
information about the client, and it provides the client with the most significant
resource for healing. The client’s experience of being profoundly understood and
acknowledged by the therapist is in itself transformative (Rivera, 1996).
Empathy involves intellectual understanding as well as feelings. As Rogers
(1980) states: “The therapist senses accurately the feelings and personal meanings
that the client is experiencing and communicates this understanding to the client” (p.
116)... the therapist is “a confident companion to the person in his or her inner
world” (p. 142).
Empathy involves “informed feeling.” “(A)ffect fuels understanding, and
understanding fuels affect” (Cohen & Cohen, 1999, p. 62). There is no clean division
between knowing and feeling in the therapeutic process. Empathy also involves the
therapist’s ability to allow the client’s experience to resonate within him or herself,
and to then use this experience and information to better help the client (Rivera,
1986).
To be empathic, therapists must be both aware and accepting of themselves
and others. They need to acknowledge when they are touched by the client. When
the client stimulates negative feelings, such as fear or disapproval, therapists must
acknowledge these responses as their own and not the client’s, they must
acknowledge the rights of both to have feelings, (Rivera, 1996), and they must
accept and work through these negative responses.
Empathy helps clients to feel secure, safe, and free to be themselves
(Hancock, 1997). By letting clients know that they are being empathically heard and
understood, they are then free to explore more closely their inner feelings (Rogers,
1980).
Miller, Duncan and Hubble (1997), through a thorough analysis of the
literature, found that the nature of the client-therapist relationship, i.e., when
involving empathy and caring, is one of the most accurate predictors of success in
psychotherapy, even more so than the influence of any single theoretical orientation.
For many clients, the therapist’s attempt to understand, connect and empathize with
32
them is more significant than whether they actually do or not. The virtues of empathy
and care help the therapist stay focused on the client’s needs; these are absent in
those therapists who exploit clients (Coale, 1998).
Not all clients will respond to the therapist’s empathy in a positive manner;
the therapist’s empathy can be met with suspicion, rejection, ambivalence or other
responses. When this occurs, the therapist has the responsibility to continue to
provide an empathic environment in which the client may choose to change (Rivera,
1996).
Empathy is not a light switch that can be turned on or off. Especially in long-
term therapy situations, empathy can wax and wane. The quality of empathy can
change from client to client and even within a single session (Rivera, 1996). The
ability to empathize also changes considerably during the therapist’s career. A
beginning music therapist, with few life experiences and much growth ahead, cannot
manifest the same quality of empathy as an older therapist, with greater maturity and
a significant amount of such experience. And even then, no therapists, however
seasoned, are without certain blockages that can interfere with their capacity for
empathy. As Rivera so aptly states, “Some degree of countertransference is part of
every therapy relationship...like the American Express Card...We don’t leave home
without it” (p. 185).
Empathy, especially sustained empathy, is very demanding and can imply a
great deal of psychological stress for the therapist; the degree of the stress varies
among therapists and often according to the types of clients with whom they work.
Working with clients who are in extreme psychological and/or physical pain can be
particularly difficult. Virtuous therapists strive to achieve a balance between over-
empathizing (which can lead to burnout) and under-empathizing (which can lead to
detachment and withdrawal). Sustaining empathy can be draining and depleting, and
this can influence the therapist’s relationships with his or her family (Coale, 1998).
The virtuous therapist realizes that empathy is crucial to healing and engages
in regular self-care to assure that his or her ability to empathize does not become
impaired.
Courage
Courage is the virtue that helps therapists to persevere, to take risks, and to
continue trying and caring. Courage allows therapists to assume firm positions and
confront very difficult and challenging clinical situations. The lack of courage often
results in an overly cautious approach to therapy, one that does not permit the client
to move forward. A lack of courage is apparent when the therapist knows and
believes in a “right” course of action, has the ability to implement the action, but
fails to do so (Waters & Lawrence, 1993; Doherty, 1995).
Courage is needed in many clinical situations. For example, with clients who
are very resistive to music therapy treatment and/or who express open hostility to the
therapist, courage is required to overcome the anxiety and insecurity that these
clients can sometimes instill in the therapist, and to take an appropriate course of
action. Having courage requires that the therapist make clinical decisions geared
33
towards addressing the client’s problems rather than the therapist’s own anxieties.
Confronting a client and/or the client’s anger requires courage; it involves the risk
of appearing unnurturing or uncaring, and also of losing the intimacy of the
therapeutic relationship. A lack of courage is seen when the therapist does nothing
(Doherty, 1995).
Likewise, situations in which clients are potentially suicidal require a great
deal of courage from therapists. Fear of losing the client combined with the fear of
malpractice litigation often motivates the therapist, especially one in private practice,
to prematurely or inappropriately request hospitalization. An excessively cautious
approach in these situations can be an indication of a lack of courage (Doherty,
1995).
Self-awarenessis a challenge in courage for all therapists. Identifying and
dealing with their emotional reactions to clients, including those that may interfere
with therapy, are hallmarks of virtuous therapists. Failure to honestly and
courageously examine the self inevitably is harmful to clients. Therapists who lack
the ability and willingness to do this may be unable to distinguish their clients’
needs, issues and problems from their own. Furthermore, they may be unable to take
needed risks with clients, if they can’t take the risk to be open to themselves. “The
dangerous therapists are not the ones who recognize and feel badly about their failure
to take an appropriate risk, but the ones who rationalize their lapses or put the
responsibility on the clients” (Doherty, 1995, p. 157)..
Courage is also an essential virtue in working with colleagues and in
institutions. Upholding ethica! standards and protecting the welfare of clients in
unethical circumstances may require the music therapist to confront colleagues,
insurance companies, employers and others. The risks in doing such can involve
litigation, sanctions and/or loss of a job. There are no easy answers to or assurances
for the risks the music therapist must sometimes take. Courage allows him or her to
persevere.
Prudence
Prudence can be seen as the virtue which balances all the others. Prudence
assures that caring does not lead to excessive client dependence, that courage does
not lead to vigilantism, and that empathy does not lead to the loss of boundaries.
Prudence involves knowing how to use virtues in the right way for the client.
Prudence involves both good judgment and wisdom. Because of the human
tendency to over-generalize new knowledge, therapists may be at greatest risk for
poor judgment when new information is obtained (Doherty, 1995). For example, this
is particularly true after music therapy students have taken their first course in ethics.
I have observed that there is a period of time following an ethics course when
students question all their behaviors as well as the behaviors of others. Judgments
of situations or actions as being “unethical” abound. Even when students are duly
warmed that this over-generalization of information will occur, it happens
nevertheless. Eventually, students are able to discern more clearly between those
actions, behaviors or situations that are unethical and those that are not relevant to
34
ethics whatsoever.
In addition to good judgment, prudence also involves good-timing in both the
big and small decisions therapists make each day (Doherty, 1995). There is an
essential element of truth in Kenny Rogers’ lyrics in““The Gambler.” Knowing when
to “hold ‘em, fold ‘em, walk away and run,” are important timing issues for music
therapists (although not literally). Music therapists must utilize good timing for
example, in knowing when to reflect back the client’s music or to initiate a change
in theme, in knowing when to implement a contingency or to ignore a behavior, in
knowing when to listen or to play, or in knowing when to process an improvisation
or to be silent.
Inconclusion, although it is difficult to admit, even virtuous therapists cannot
heal all clients. “Some problems do not get better, and sometimes progress in one
area is snuffed out by deterioration in another. If therapists cannot always promise
change, let alone miracles, we can promise to walk with people who entrust
themselves to us, to support and challenge them, and to never objectify them or
exploit them for our own purposes. In doing so, we enact the quintessential virtue
and the primary moral mandate of our profession” (Doherty 1995, p. 137).
Chapter Summary
The ideal music therapist will inevitably possess many virtues. Virtues are
considered both essential to ethical thinking and necessary components of an
effective therapeutic process. The virtues of caring, empathy, courage, and prudence
are discussed in this chapter as core virtues that music therapists should strive to
attain. Understanding what actions these virtues imply is essential, as an
overemphasis or distortion of the meaning of the virtues in real world practice may
be harmful to clients. The therapist’s self-awareness is crucial to becoming virtuous.
1. Within the context of your own personal life’s narrative, describe the following:
*The persons and experiences that have helped you to become committed to
caring for others.
*Describe the virtues (mentioned in this chapter or not) that you feel you
possess, how you acquired these, and significant role models.
*Describe how being virtuous impacts or may potentially impact on your life
at this time, both personally and as a professional.
*Describe the potential role of caring and other virtues for you in the future,
both personally and professionally. Are there any obstacles that you
can anticipate encountering?
*Describe additional virtues that you would like to acquire and their
significance and meaning in your life.
*Describe virtues that are valued in your particular culture and their role in
your personal and professional life.
35
2. List and describe the attributes a good music therapist should possess. Rank order
the five you consider to be most important. Describe which of these you
currently possess, or are striving to obtain. Describe your process for
acquiring these.
3. Reflect upon what it means to provide help to others and to receive help from
others. How are these both similar and different?
4. In your course journal, describe your feelings and reactions to this chapter in
general, and to specific parts that may have stirred emotional reactions in
you.
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THE MUSIC THERAPIST AS A
PROFESSIONAL AND PERSON
Introduction
a=
Ghe concept of competence in music therapy, as in other related professions,
can be a complex one. Competence in music therapy practice is both an ethical and
legal imperative and involves knowledge, skills, judgment, self-awareness, and
psychological competence. The music therapist must have the knowledge and skills
to assess and to understand the client’s problems, judgment in knowing how to use
his or her knowledge and skills in implementing music therapy interventions and in
assessing their effectiveness, and self-awareness of those personal issues that may
influence the course of music therapy treatment with the client.
The issue of competence is multifaceted in music therapy because of the
breadth and depth of music therapy practice. Music therapists work with a wide
range of clinical populations of all ages, including but not limited to individuals with
the following diagnoses/problems: abuse, aging, Alzheimer’s disease, autism,
behavioral disturbances, cancer, chronic and acute pain, persistent vegetative states,
developmental disabilities, dual diagnoses, eating disorders, emotional disturbance,
forensics, head injuries, hearing impairment, learning disabilities, medical/surgical,
mental health, multiple disabilities, neurological impairments, Parkinson’s, physical
disabilities, post-traumatic stress disorder, Rett syndrome, speech impairments,
strokes, substance abuse, terminal illness, and visual impairments (AMTA, 1999).
Music therapists also work with “healthy” individuals as a way of promoting
continued well-being. Music therapists must be prepared at the bachelor’s level to
work with any and all of these clinical groups.
The goals of music therapy practice vary widely according to the population
served, the clinical setting, and the unique needs of each client. The music therapist
must be competent in implementing music therapy to achieve these clinical goals.
A number of areas of music therapy practice have been identified. Bruscia
(1998) categorizes these areas as: didactic, medical, healing, psychotherapy,
recreation and ecological. Dileo-Maranto (1993a, 1993b) identifies fourteen schools
38
of Guided Imagery and Music qualifies him or her to engage in this practice. Further,
music therapy clients may also incorrectly assume that board certification or an
advanced degree in music therapy assures that the music therapist specialized and
competent in work with autistic children, for example, is also competent in music
psychotherapy with adults.
Fifth, music therapists may be reticent to refuse pressures from an employer
for practice outside his or her limits for fear of losing the job and/or the respect of
colleagues. For music therapists in private practice, refusing a client who challenges
the therapist’s limits may imply losing a referral source.
Sixth, a new music therapist may feel compelled not to refer a client whose
clinical issues have intensified, especially when the client has unrealistic
expectations about what the therapist can do through music therapy.
Seventh, music therapists working in private practice in small communities
may feel unable to refer clients for whom they are not prepared clinically to other
music therapists, because there are none available.
Eighth, music therapists may demonstrate variable skills in different areas of
training. For example, the music therapist may have been a good musician, but may
have done poorly in his or her academic work. Subsequently, his or her musical skills
may be well developed, but he or she may not know how to use these skills
adequately with clients. Similarly, the music therapist may have been a good
musician and student, but may have emotional and personal limitations in clinical
work or may lack self-awareness. These personal limitations will inevitably impede
his or her competence. Thus, a minimal amount of competence must be demonstrated
in all areas.
Ninth, music therapists who do not engage in continuing education, receive
supervision for their work, attend conferences, read the literature, maintain self-
awareness and stay current in their field may have slowly (or quickly) diminishing
skills and competence.
Tenth, music therapists may lack caution with the methods and techniques
at their disposal and underestimate the power of their effects. For example, music
therapists conducting basic music and stress-reduction sessions may well encounter
powerful cathartic reactions from clients, which they may not be competent to
handle. One essential aspect of education and training, thus, is an emphasis on the
power of music therapy and the care with which all techniques and methods must be
used, .
Regardless of the existing limitations in assessing competence, and the
various reasons that might lead the music therapist to practice outside of the
boundaries of competence, the responsibility of the music therapist to achieve and
maintain competence in practice is a clear and absolute ethical necessity.
Competence thus implies the willingness and ability of the individual practitioner to
honestly monitor and evaluate his or her own professional and personal strengths and
weaknesses. Competence also implies making honest decisions about whether the
therapist can adequately offer treatment to particular clients and/or whether these
clients should be referred to another therapist. These decisions are seldom easy
(Pryzwansky & Wendt, 1999).
42
How does the music therapist know when he or she is working beyond his or
her limits of competence? How can the music therapist know when to either accept
or refer a client when he or she does not feel prepared to address the client’s
particular needs? (Corey, et al., 1998). As stated previously, neither board
certification, bachelor’s degrees or advanced degrees prepare the music therapist to
work competently in all areas and at all levels of practice.
It is important to realize that the process of honestly self-monitoring one’s
strengths and weaknesses will always uncover doubts regarding professional
competence, and it is not uncommon for these doubts to emerge (even among
seasoned professionals) when difficult clients are encountered. “Difficulty working
with some clients doesn’t by itself imply incompetence” (Corey, et al., 1998, p. 268).
The music therapist faced with these doubts and questions is not without
resources. Supervision may be a viable option, and one that is not emphasized
enough in professional work. Supervision can be provided by more experienced
colleagues in music therapy, by former music therapy professors, by music therapy
supervisors, by individuals from related professions, or through peer supervision
arrangements. Supervision allows the music therapist: to have objective feedback
regarding his or her own self-assessments and doubts, to have another opinion
regarding the need to refer clients, and to receive specific advice regarding how to
handle challenging clinical situations. Supervision can further expand the music
therapist’s self-awareness of competence and can help pave the way for additional
training. It is this author’s belief that supervision should be an ongoing process,
especially for beginning music therapists. Supervision is also a necessity when the
music therapist embarks upon work in new clinical areas, at different levels of
intervention, within different theoretical orientations, and/or with new music therapy
methods. Ongoing and regular supervision is one potential safeguard against
incompetence in music therapy practice.
Regular or occasional consultation with experienced colleagues in music
therapy or other professions is also a viable option that may provide similar benefits
for the music therapist.
Continuing education (recertification) is not only an option, but also a
requirement for music therapists who are board certified. The Certification Board for
Music Therapists has implemented specific and rigorous continuing education
requirements which music therapists must complete to maintain and recertify for
their board certification credential. “The basic goal of the Recertification Program
is to document the current clinical competency efforts of each Certificant” (CBMT,
1991, p. vii). As music therapy is a rapidly expanding and evolving profession,
continuing education is needed not only to maintain entry level competence in the
field, but also to prepare therapists for work with new clinical populations, methods,
and techniques. Continuing education helps the music therapist to keep current in
knowledge and skills.
The continuing education options for music therapists who recertify include:
educational activities (workshops and courses), graduate coursework, self-study
activities, professional activities, short-event activities or re-taking the national
examination. The music therapist may tailor these educational experiences to
43
Music therapists working clinically with groups (as most music therapist do)
need to be competent in the use of music therapy approaches/techniques with clients.
Unethical practice can result, for example, in the following situations: when
therapists use techniques with which they are not familiar or skilled, when the
techniques selected address their own personal issues or needs for power, when
techniques are used to intensify feelings within the group, (and it is the therapist’s
own need to have this intensity), and when techniques are used to put pressure on
group members or diminish their dignity in any way (Corey, et al., 1998).
Corey et al., (1998) provide the following ethical guidelines regarding the
responsible use of therapeutic techniques with groups: 1) Techniques should be
theoretically grounded and have a specific therapeutic goal. 2) Techniques used
should be selected according to the needs of the clients and should support the
client’s self-exploration, awareness, and discovery of new behavior. 3) Techniques
should be adapted according to the clients’ cultural diversity. 4) Techniques are used
to enhance group process rather than hide the therapist’s incompetence. 5)
Techniques are implemented sensitively and carefully according to the group
process, and are discarded if they are ineffective. 6) The therapist invites
participation of the group members, but they are free to make a decision regarding
participation. 7) Therapists should have knowledge of and experience with the
techniques they use, as well as the possible impact of the techniques on the group.
44
It is a good practice for music therapists working with groups to have had
personal experiences (during their training or otherwise) with the techniques they
use. Furthermore, an awareness of a music therapy group process as a participant can
prepare the music therapist for what may occur when working clinically. Responses
to music therapy are often intense and powerful. The music therapist should be
prepared for these reactions from group members, and should be competent in
handling cathartic responses involving anger, rage, sadness, confrontation, etc. The
therapist should thus be aware of the potential power of the techniques used and be
most cognizant of his or her competence in dealing with these potential reactions. As
mentioned above, therapists need to be clear about the level of music therapy at
which they are competent to work.
The therapist should also have sufficient self-awareness to understand
whether his or her own needs, e.g., for intensity, expression of anger, etc., are a
factor in how he or she is implementing treatment. This is discussed more fully in
the following sections.
Personal Competence
self-awareness of their personal needs, issues from their life histories, and their
vulnerabilities is the first step in preventing these factors from interfering with the
process of therapy.
Self-awareness, then, is one of the key characteristics of effective therapists.
Hancock (1997) recommends that therapists ask themselves: “Who am I as a
thinking, feeling, relating and acting person?” (p. 96) as a starting point for self-
exploration. This question can open the door for evaluating one’s beliefs, values,
biases, self-perceptions, and needs. Self-awareness must be a continuous process
rather than a sporadic exercise (Hancock, 1997). It involves a constant vigilance of
the therapist’s need to engage in personal therapy to assure emotional competence
(Pope & Vasquez, 1998).
Music therapists, like all human being have needs. Corey and Corey (1990;
1993) describe common needs of therapists as follows: “1) the need for control and
power, 2) the need to be nurturing, 3) the need to change others in the direction of
(their) own values, 4) the need to provide answers, 5) the need to feel adequate,
particularly when it becomes overly important that the client confirm our
competence, and 6) the need to be respected and appreciated” (1990, p. 62; 1993, pp.
1-29). Self-assessment of one’s needs is essential for the exploration of personal
competence. Although the needs listed above may seem reasonable ones for human
beings, they may be devastating for therapists involved with clients. If unmonitored
and unchecked, they have the potential for seriously interfering with the music
therapy process. For example, the need for power and control can lead to client
exploitation. The need to be nurturing can foster client dependency. The need to
change others and provide answers can compromise client autonomy. The need to
feel adequate, respected and appreciated can lead to the lack of objectivity and client
manipulation.
Simply put, the place for therapists to meet these needs is not in work with
clients, as their own needs are of paramount importance. The question music
therapists must continually ask themselves in all aspects of treatment is: “Whose
needs am I meeting, mine or the client’s?” Psychological competence, therefore
involves honestly assessing one’s needs and how these needs are brought to bear in
the clinical situation. This is not to say that therapists can derive nothing from the
therapy situation to meet their own needs. People become therapists because they
want to help others, and music therapy can indeed be gratifying for this and for other
reasons. The important issue, however, is whose needs come first - the therapist’s or
the client’s?
The therapist’s emotional makeup is an important predictor, as well, of the
success of therapy (Sussman, 1992). It is thought by some authors that the theoretical
orientation therapists use, the type of therapy they prefer, and the clients with whom
they are either successful or unsuccessful are all related to their own histories
(Strean, 1993). The desire to become a therapist is often related to the therapist’s
need to find a resolution to his or her own problems (Sussman, 1992). A therapist’s
history and life experiences undoubtedly influence his or her psychological makeup
and competence, although the manner in which this influence is experienced and/or
resolved and the role it plays in the therapist’s clinical work is unique for each
46
No matter what the music therapist’s theoretical orientation, the use of the
self in the therapeutic relationship is as significant as the use of music: these are the
only two tools the music therapist has at his or her disposal. Because psychological
vulnerability is a part of the self, it inevitably influences what occurs between client
and therapist (Coale, 1998).
There are a number of factors that impinge upon the therapist’s psychological
vulnerability, and these are discussed in this section.
All therapists have specific emotional areas in which they are predisposed to
be vulnerable. There are a number of issues which may predispose a therapist to
burnout as well: emotional and spiritual exhaustion, extreme idealism, loneliness,
overidentification with clients, perfectionism, authoritarianism, need for control,
unfulfilled needs for intimacy, traumatization, and unresolved childhood issues
(Coale, 1998; Farber & Heifet, 1981; Figley, 1995a; Grosch & Olsen, 1994). .
Isolation is an important factor that can increase the therapist’s psychological
vulnerability. Isolation results from a variety of factors, including: lack of contact
with colleagues, the necessities of confidentiality and avoidance of self-disclosure,
emotional energy given in a one-way direction, and the continual termination of
therapeutic relationships (Coale, 1998). Isolation can result either in the therapist’s
alienation from his or her own feelings, or in his or her becoming too involved with
the client and thus emotionally exhausted. He or she may extend the therapeutic role,
with the power inherent in it, into his or her own personal life and may become
detached and withholding (Guy, 1987).
At the same time the therapist is also in the public’s eye with his or her
personal behavior, and is responsible for not damaging the reputation of the
profession. Friends can impinge upon the therapist’s knowledge and ask for advice,
or create unnecessary distances because of fear of being assessed. The therapist’s
family may also be scrutinized and judged for their behavior. The therapist must be
48
and that they have the power to control their clients (Deutsch, 1984). (Itis interesting
to compare these irrational beliefs to the list of therapists’ needs cited in the previous
section)! According to Corey, et al., (1998), “the underlying assumption that creates
stress is: ‘If I do not live up to my high expectations, 1 am personally incompetent
and inadequate” (p. 60).
Various life situations and issues of the therapist can come into play in terms
of psychological vulnerability. For example, the therapist who is also a parent can
be influenced by his or her work with child or adolescent clients, and this can cause
the therapist to treat his or her own children differently (e.g., not setting limits) out
of fear that the same will happen to them. Being a parent requires some level of
denial concerning all that can happen to achild. Working with children to whom bad
things have happened can erode this denial (Coale, 1998).
The therapist, as with any other human being, inevitably experiences painful
life events, such as illness, losses through death or divorce, traumas, etc. When these
occur, does the therapist continue working or discontinue seeing clients? There are
no pat answers to these dilemmas. Again, it is not so much a question of whether, but
of how the therapist is dealing with these issues that is the key factor (Corey, et al.,
1998).
Some clients may feel particularly vulnerable when a therapist must cancel
sessions due to various life events or when they observe illness and/or distress in
their therapist. As it is often impossible to hide these things from clients, they often
and understandably want to know what is happening. They may blame themselves
for changes in the therapist and may require reassurance that this is not the case.
Some may fear that the therapist will leave them or they may even begin to question
whether the therapist’s competence is becoming an issue. Other clients may feel
guilty for dealing with their own issues in treatment, when they know that the
therapist is already excessively burdened. The therapist’s decision regarding self-
disclosure to clients is a sensitive one, and also one with no pat answers. If and when
self-disclosure is used, it must be for the benefit of the client and not the therapist,
and the therapist is responsible for this discernment and level of self-awareness
(Coale, 1998).
Vulnerability may lead to impairment. Pope, Tabachnick & Keith-Spiegel
(1987) found that more than half (59.6%) of psychologists surveyed reported
continuing to work when they were too distressed to do so effectively. A small
percentage (5.9%) indicated they had worked under the influence of alcohol.
Bouhoutsos (1983) found that frequent reasons for impairment included: substance
abuse, psychiatric illness, physical illness, and grief following the loss of a loved
one. Burnout is also a major cause of impairment, and will be discussed in the
following section.
Although no comparable data are available for the field of music therapy,
more than half (61%) of psychologists reported having had experienced serious
depression. Moreover, more than one-fourth reported having experienced the desire
to take his or her own life, with a small percentage (4%) having attempted it. The
same percentage indicated that they had needed hospitalization (Pope & Tabachnik,
1994). One study revealed that almost one-fourth of impaired psychologists had not
a4
Burnout
Music therapists, as with other helping professionals, are not immune to the
risks of burnout. Oppenheim (1987) in a survey of music therapists, found that
18.4% of respondents who had worked 5 years or less scored in the medium range
of burnout on 5 (of 6) scales. Insufficient pay, lack of support and respect from their
administrators, and the demands of performing job duties outside of music therapy
were the most commonly cited reasons for burnout. In addition, music therapists who
had been working 5 years or more scored in the moderate range of burnout on one
of the six scales; 29% had high scores on one scale.
Burnout can be defined in a number of ways. Burnout is referred to as a state
of “utter despair and exhaustion resulting from the cumulative impact of a host of
stressors and aversive aspects related to therapeutic practice” (Guy, 1987, p. 253);
as an “erosion of the spirit” (Grosch & Olsen, 1994, p. 4); or as “a process in which
the professional’s attitudes and behavior change in negative ways in response to job
strain” (Cherniss, 1980, p. 5).
Burnout is to be distinguished from temporary states of fatigue, as these do
not imply more pervasive alterations in attitudes concerning one’s work and clients.
Burnout is also to be distinguished from the changes in attitudes resulting from the
socializing influences of colleagues and others in the work environment. Although
burnout also involves a change in attitudes and behavior, these are attributed to job
stress rather than to employment acculturation. Burnout is also distinguished from
staff attrition, as burnout does not always imply leaving one’s job (Cherniss, 1980).
Burnout has a negative impact on the therapist’s work performance and
effectiveness, as he or she loses enthusiasm, ideals, commitment and aspirations; the
therapist’s attitude inevitably influences his or her interactions with clients. All
oe
therapists are vulnerable to burnout at any time, although individuals in their first
two years of professional work may be most at risk, as this is the time when values
are formed that may endure throughout a career (Cherniss, 1980).
There are a number of sources of strain for new professionals; the first source
involves feelings of professional competence. Following many years of education
and training, professionals may still feel unprepared for the demands of clinical
work. There is indeed heightened pressure for the therapist to meet clients’ needs,
to establish their reputations among colleagues, and to live up to the implications of
their credentials.
A second source of professional stress involves frustration and
disappointment with clients’ responses, particularly clients’ lack of appreciation,
motivation, and cooperation. New professionals may have increased needs for client
validation and acceptance. However, the reality is that many clients view the
therapist’s competence as suspect, they do not value the services they receive, or
they expect more than the new therapist can reasonably give. To guard against these
client reactions, therapists must devote more time and care to their work, and more
emotional energy to deal with their fears and anxieties. Client behaviors, such as lack
of motivation, lying, manipulation, dependency, physical abuse, suicide, acting out,
etc., threaten the therapist’s security and self-esteem. Therapists are often unsure of
boundaries, and they may have difficulty in negotiating what they are capable of
achieving vs. what clients expect from them (Cherniss, 1980).
A third major source of strain involves the bureaucracy of the workplace.
New therapists are often appalled at the demands of paperwork, red-tape, procedures,
rules, and institutional politics. Many do not anticipate their lack of autonomy and
control, as well as the interference imposed by administrators and by the system in
general. There are inevitable value conflicts between the system, clients’ needs, and
professional standards, and new therapists do not yet possess the skills for
overcoming these impediments (Cherniss, 1980).
Understimulation and boredom in their work is another unexpected source
of stress for new therapists, as routines become established and variety diminishes.
Therapists yearn for the meaning and intellectual activity that had been present
during their training.
Finally, relationships with colleagues can imply a source of stress. As
colleagues can serve as a major buffer against strain and provide crucial support and
stimulation, when this does not occur (because of institutional politics and role
conflicts, differences in orientation and values, personality conflicts, mistrust, or
devaluing of music therapy), colleagues can become a further source of strain
(Cherniss, 1980).
New therapists adjust to job demands by changing their attitudes about work,
and six specific changes are noted: 1) they assume lower goals and standards for
work; 2) they assume less responsibility for their actions, attributing more blame to
the clients or system; 3) they let go of their idealism and adopt more cynical views;
4) they detach from their work emotionally; 5) they become less involved
psychologically with their work as a source of meaning and seek this meaning
elsewhere; and 6) they become more involved in their own self-interests and less in
a3
Professional Self-Care
Besides an ethical issue, competence is also a legal issue. Therapists who are
incompetent personally and/or professionally in their work are at risk for malpractice
litigation.
eh)
One of the basic tenets of the practice of music therapy is the belief in clients’
Capacity to change, and in the potential for music therapy to facilitate that change in
their social, emotional, cognitive, physical, and/or spiritual functioning within their
particular environments (Linzer, 1999). Change involves the implementation of a
value system concerning the goals of the change, the nature of the change, and the
potential results of the change.
No music therapy relationship is value free. Values come to play in most
therapeutic decisions, in most client-therapist interactions, and in the therapy process
itself. Values are deeply imbedded, and both the therapist and client bring the values
they have accumulated throughout their lives into every therapy session.
Clients also have values regarding what change implies in their lives. They
may be resistant to change because of the anxiety this can create. For example, an
abused woman may fear leaving her abuser husband because of the fear of being
alone and of having to care for herself and her children (Linzer, 1999). Whereas the
client’s resistance to change may stem from a variety of factors, (financial,
emotional, social, etc.), it may also be based on cultural influences and may represent
a way for the client to adhere to his or her ethnic traditions. This conflict in values
often presents an important challenge to work in therapy, and may require the
relinquishing of the therapist’s own professional values (Linzer, 1999).
It is important for therapists: 1) to be aware of their own values and how
these impact on their work, 2) to understand the values of the client, and 3) to assess
when these values may be different or in conflict. They may not agree with their
clients’ values, but they must respect their right to have them (Corey, et al., 1998).
Ethical issues arise when the therapist does not respect the client’s right to his or her
values, when the therapist is unable to accept them, and when he or she attempts to
impose his or her own value system on the client. Other conflicts occur when the
therapist’s goals for the client differ from the client’s goals. It is most difficult for
the therapist to conceal his or her values, as these may be communicated in many
ways during therapy, and the client is unconsciously and covertly influenced to
accept these. In a similar manner, conflicts emerge when the agreed upon therapeutic
goal implies the client’s relinquishing of deep-seated values, such as a religious
belief (Steere, 1984).
The issue of values in therapy is a controversial and difficult one. Therapists
may be somewhat polarized in their stances concerning how to use or not use their
58
own value systems in therapy. On one hand, there are some therapists who feel it is
their job to influence their clients to accept the “correct” (therapists’) values in their
lives. It is highly questionable whether one human being can know what is right for
another, and it is clear that therapy is not a venue for preaching (Corey, et al., 1998).
On the other hand, there are therapists who use all their energy to keep their values
from being discovered by the client.
Corey et al., (1998) support a moderate position regarding the role of
therapists’ values in treatment. They contend that a client needs to know the
therapist’s opinions on issues so that the client’s own thinking can be tested. Bergin
(1991) states that therapists should be forthcoming with the client regarding their
views, cooperate with the client in setting appropriate therapeutic goals, allow the
client to make decisions autonomously and then take responsibility for the
consequences.
Corey, et al. (1998) further believe that it is not possible or desirable for
therapists to avoid their values within the therapeutic process, and it is appropriate
for therapists to express these when relevant to the client’s situation. Bergin (1991)
states “It’s vital to be open about values but not coercive, to be a competent
professional and not a missionary for a particular belief, and at the same time to be
honest enough to recognize how one’s value commitments may not promote health”
(p. 399). Bergin also emphasizes that the challenge for professionals is in the ways
they use their values to promote the process without using their power to inflict
them.
The present author believes that this is a most complex issue, and that there
are a number of complicating factors. The four basic questions to be considered in
this discussion include the following: 1) What values of the therapist are related to
the goals of treatment and process of therapy, and should these be shared with the
client? 2) Is it appropriate for the therapist to express his or her own values as they
relate to the client’s values? 3) Can therapists work with clients who have different
values? And 4) If therapists’ and clients’ value systems differ, what are the criteria
for client referral?
The first question is: What values of the therapist are related to the goals of
treatment and process of therapy, and should these be shared with the client? The
present author’s answer to this question is a resounding “yes,” and there are a
number of qualifying criteria for this response. The therapist’s own values (and
personal needs as well) are likely to be manifested first of all in the theoretical
orientation he or she has adopted, in the techniques he or she employs, and in his or
her personal style of therapy. As any theoretical orientation comprises basic beliefs
and assumptions about human beings, their relationship to the world, and their needs,
it is not surprising that music therapists will select an orientation that is most
consistent with their own values. Even though a music therapist may have been
trained according to one particular theoretical orientation, the orientation that he or
she ultimately adopts is likely to be the one that is most resonant with personal
beliefs and values. Moreover, the therapist’s personal style within this orientation
will be further refined to reflect these values as well. It is not believed that therapists
can work for a period of time in a particular orientation and use specific techniques
59
than the client him or herself? Does the therapist need to share values to feel
competent, helpful, effective? Does the therapist need to test his or her own values
with the client? Are the therapist’s values so deeply held and compelling that he or
she feels obliged to share these? How will the client feel if the therapist’s conflicting
views are expressed? Will this serve to alienate the client and/or restrict his or her
freedom in the discussion of values? What impact will this have on the therapeutic
process? Does the client really care about the therapist’s values? The list of questions
may go on and on.
If on the other hand, the therapist’s values are consistent with those of the
client, is it in the best interests of the client to share this information as well (e.g., to
establish more of an empathic connection)? Or is this the therapist’s need? If so, does
the therapist have a need for acceptance/approval/validation from the client? Will the
client feel supported by this information, or more constricted in exploring other
values for him or herself? Again, the questions continue.
Aside from the first question posed, (i.e., “is it in the client’s best interest for
the therapist to do so?”), if the therapist’s honest answer to any of the
aforementioned questions is “yes,” the therapist should not share his or her values
with the client without first obtaining supervision, consultation, or personal therapy,
as his or her personal needs may in fact be coming into play, and may potentially
interfere with the therapy process.
If the therapist assesses that it is in the client’s best interest to share his or her
values, (and again brutal honesty is required on the part of the therapist), additional
factors should be considered before this is done. First, this sharing can never imply
an imposition of values. The therapist must assess whether he or she has the skill and
competence to share values in a way that does not imply coercion for the client to
accept these values, either explicitly or implicitly, overtly or covertly. Can the
therapist present his or her values in a manner in a way that is open and non-
imposing, so that the client does not feel judged or limited in further discussion of
his or her values?
Even if the therapist shares his or her values in a way that invites discussion
and is non-imposing, the therapist’s body language and nonverbal actions may imply
coercion (Corey, et al., 1998). Does the therapist subtly direct the client’s
conversation or change the subject? Does the therapist withdraw eye contact, shift
posture, grimace, change his or her tone of voice, etc. when disagreement exists? The
therapist needs to be very aware of these subtle messages that may, in fact, serve to
compromise the client’s autonomy and self-determination.
Before making the decision to share his or her values, the therapist needs to
carefully assess some the dynamics of the relationship with the client. Does the
therapist know the client well enough to do this? How helpful will this information
be to the client? Does he or she care or want to know? Can he or she anticipate to
some extent the client’s reaction? What is the power dynamic of the therapist’s role
with this particular client? What are his or her expectations of treatment? How
vulnerable is the client with regard to the therapist’s influence? Is the client
excessively dependent upon the therapist? Are there multicultural factors involved
(see Chapter 7) that may further exacerbate the client’s vulnerability?
61
Chapter Summary
3. Music therapists working with groups should understand both the power of the
techniques they use and the dynamics of group process from a personal perspective.
The therapist should be prepared to handle intense group reactions, and be cognizant
of the boundaries of their competence.
5. There are a number of factors which may increase a music therapist’s vulnerability
to psychological impairment, including: isolation, being on public display, the
intensity of the work, ambiguity, external pressures, pressures from colleagues,
stressors within the therapy situation, clients themselves, irrational belief systems,
and life events. A therapist’s psychological impairment poses risks to the welfare of
clients, and therapists must make the decision regarding whether or not they are able
to continue working effectively.
8. Competence is both an ethical and legal issue, and there are legal ramifications for
incompetent practice.
10. No therapy is value free, and both clients and therapists bring their respective
value systems to each therapy encounter. Controversy exists as to whether and how
the therapist’s values can/should be shared with the client. Underlying any decisions
is the need for the therapist’s self-awareness regarding his or her values, and a
sensitivity towards the potential imposition of the therapist’s values on the client.
Four questions for discussion regarding values are presented, and guidelines for
ethical behavior regarding conflicts in values are discussed.
11. Clients’ religious/spiritual beliefs may play an important role both in the
therapeutic process and in healing, and this is particularly significant with some
clinical populations. The ability of the therapist to acknowledge and to respond to the
client’s belief system may be an important factor in establishing an empathic
connection with him or her. Ethical issues emerge when the therapist is not able to
do this, because of inadequate training, differences in belief systems or other reasons.
Therapists must assume responsibility for self-awareness of potential conflicts and
problems and for their limits in competence. Competence in this area may be
enhanced through supervision, training, and other endeavors.
12. Although music therapists’ have the right to their own private lives, there may
be community standards and expectations they must uphold or meet so as not to
reflect negatively on the profession. At the same time, music therapists have the
responsibility of not allowing their personal lives to influence their professional
work.
Ethical Dilemmas
» 3. June, completed her master’s degree in music therapy during the 1970s, and has
been working ever since at a residential facility for the developmentally disabled
until recently. Because of a low census, her facility was closed. She applied for and
obtained a job as a music therapist in a facility specializing in closed-head injury.
Although this is an area of music therapy that emerged following her training, she
feels that she will be able to “catch-up” by attending the facility's orientation
program, as well as the 1-hour weekly in-service programs they provide to their
staff.
-4. Clara is a music therapist working in a medical setting. She is a conscientious and
dedicated therapist, and remains on call with clients’ families so as to be present at
times of crisis. During a 6-month period, she lost two clients to whom she had been
very close, her husband filed for divorce, and her daughter was diagnosed with an
eating disorder. She subsequently has become quite distant and detached from her
current clients and has stopped being on-call to their families. She has also begun
taking a prescription sedative that makes her lethargic and “spacey” in her work.
6. Sam, a gay college music therapy professor teaches ina small, religious-affiliated
college and lives in an adjoining small, conservative community. He is discreet about
revealing his sexual preferences to his students and colleagues, but frequents gay
bars on weekends. Recently, he had a close call when he saw one of his students at
the same bar, but was able to slip out the back door. He is very concerned about
what will happen ifhis sexual preferences are discovered.
7. Harriet, a music therapist in private practice attends a friend’s party and drinks
more than she should. When she returns home, she discovers an urgent message from
a client who needs to talk with her immediately.
8. Pete, a music therapist working in a treatment facility for alcohol abuse comes out
of a bar on a Saturday night, after having had quite a bit to drink, and meets the
parents of one of his clients.
69
10. Susan has worked for 6 years as a music therapists in a hospice setting. She is
deeply spiritual, and relies on her beliefs to help her cope with the losses of her
clients. She also helps her clients deal with their impending death by telling them
about the afterlife that awaits them where there will be no more suffering. She also
encourages clients to pray for hope and strength.
11. One of Susan's patients, Joshua, who is dying from multiple sclerosis, asks Susan
to accompany him musically during an assisted suicide at his home. He would like
Susan to use the music he loves to help him pass from this life to the next.
12. On his way to work, Frank, a music therapist working in an adolescent treatment
facility, has a car accident. He is not injured, but his car has been totaled, and he is
quite shaken. He is late for work, and when he arrives, he has to make the necessary
Phone calls to his insurance company, his wife and to a car rental agency. Miriam,
one of his clients, is waiting for him and their scheduled session when he arrives.
13. Christopher, a music therapist in private practice, has been working with Paul,
a client with relatively severe depression. Paul reveals to Chris that he has just
learned that he has AIDS. Christopher's brother, Cliff, has recently died of AIDS,
and Christopher had a very difficult time accepting his brother's sexual orientation,
disease, and subsequent demise. In addition, Christopher is phobic about contracting
AIDS himself. He is considering terminating his work with Paul.
14. Bob is a music therapist who works at a large state psychiatric hospital. He is
assigned to work with clients who have drug abuse problems. Bob has used a variety
of drugs in the past, i.e., marijuana and cocaine, and feels there is nothing wrong
with them.
15. Dee works as a music therapist in a residential facility for the developmentally
disabled. She often takes clients on field trips to hear concerts in the community. A
nurse at the facility gives Dee prescription medication for one of her clients with
epilepsy that must be administered during the field trip.
16. Paul is a music therapists who smokes marijuana in the privacy of his home to
“unwind.”
17. Dr. Jones, a music therapy professor at a large state university, is invited to a
student party. When she arrives, she discovers that alcohol and drugs are being used
70
by her students.
18. Brett, a music therapist in private practice, finds it difficult to work with clients
of different races, socioeconomic backgrounds and sexual orientations. Following
his initial meeting with some clients, he tells them that he is not sufficiently trained
to work with their particular problems and offers to refer them to another music
therapist.
19. Andrew discovers that Louis, his music therapy co-worker, sells marijuana and
cocaine outside of work.
3. Review the AMTA Standards of Clinical Practice. Note strengths and weaknesses
in your current clinical work.
6. Realizing that the information you provided in activity #5 above may reflect your
own values and theoretical orientation, write a short essay concerning the approach
to music therapy that appears to be most authentic for yourself.
10. Describe your religious/spiritual orientation and the basic tenets of your beliefs.
Reflect upon how these beliefs evolved and significant persons who influenced them.
Assess how strong your convictions are, and how difficult it may be for you to put
these aside in a therapy situation.
11. Rate your ability to work with the following types of clients as follows:
1. Yes, with minimal difficulty
2. Yes, with some difficulty
3. No, not at all
72
Client Rating
*A client with fundamentalist religious beliefs who disavows
your own beliefs.
*A client who proselytizes his religion to you.
*A client who feels that her problems are the result of the lack of fortitude
in her religious beliefs.
*A client who asks you to pray with him.
*A client who is cut-throat in business, who uses others to advance himself
and who has no qualms about doing so.
* A gay couple who want to address their relationship and
sexual problems.
*A lesbian couple who want to address their relationship and
sexual problems.
*A man who is having an affair and wants to find ways to stay in this
relationship as well as his marriage.
*A man who wants to leave his wife and family to
pursue his sexual freedom.
*A woman who wants to leave her husband and children to pursue
a lesbian lifestyle.
*A teenager who wants support in having an abortion.
*A teenager who engages in unsafe sex practices with multiple partners.
*A man who believes women should be subservient and submissive to their
husbands’ commands.
*A client who believes that feelings are illogical and irrational, and
that emotions are to be avoided.
*A man who believes that sparing the rod spoils the child.
*A convicted child-molester.
*A convicted rapist.
*A serial killer.
*Parents of an interracial couple who oppose the marriage
of their children.
*A client who is extremely prejudiced towards all minority groups,
including your own.
*A member of a neo-nazi group (skinhead).
*A gay couple wanting to adopt a child.
*A lesbian couple who are seeking artificial insemination.
*An interracial couple wanting to have a child.
*A couple who practice “swinging.”
*A man who is involved in an alternative sexual lifestyle,
bondage, domination, etc.
*A man who is exploiting the welfare system.
*A woman who has abandoned her children.
*An abused wife who wants to stay with her husband.
*A man who has had a number of extramarital affairs and
feels no remorse.
ef,
*A gay man who wants the therapist’s support to inform his parents
about his having AIDS. =
* An intravenous drug user who has AIDS els
12. In your course journal, describe your emotional reactions to any issue or ethical
dilemma discussed in this chapter.
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CLIENTS’ RIGHTS AND
THERAPISTS’ RESPONSIBILITIES
Introduction
‘
Crients who come to music therapy are vulnerable for any number of
reasons: their physical, mental, social, emotional, developmental, and/or economic
problems are usually sufficiently severe to warrant their need for help. They are
vulnerable because they are in need. Most clients are new to the use of music
therapy as a treatment, which can further contribute to their vulnerability. They may
be confused about what it is, what is expected of them, what the music will do, what
the outcome may be, and if it will work. Clients who are vulnerable and in need are
sometimes desperate for a treatment that will help them with their problems. They
may look to the music therapist as a magical healer who is capable of curing their
ills, or, on the other hand, they may approach music therapy with some scepticism
about the potential of music to do anything, aside from perhaps, helping them to
relax!
An important responsibility of the music therapist is to reduce clients’
vulnerabilities by providing them with information about what music therapy is and
involves. Informing them of their rights within the clinical music therapy process
and providing them with the option of accepting or refusing music therapy based
on the clear information provided, is a significant part of acknowledging the
following: 1) clients’ worth and dignity as human beings, 2) their autonomy in
making decisions for themselves, and 3) the commitment of the music therapist to
be a responsible and ethical provider of services. Therapists’ responsibilities to
provide this information, as well as a number of their other responsibilities to
clients, are discussed in the present chapter.
Informed Consent
provide the name of the supervisor involved upon the client’s request. The therapist
should indicate if he or she regularly consults with other professionals regarding
case materials, and the procedures used for maintaining confidentiality. The
therapist may mention also the professional code(s) of ethics by which he or she is
governed
Financial Policies. A full disclosure is made to the client regarding the costs
of treatment sessions, how payments are handled (e.g., billing procedures, insurance
reimbursement, filing insurance forms, co-payments), sliding scale fees available,
who is responsible for payment, how late or delinquent accounts are handled and
the additional fees required for such, and how financial records are handled and
maintained (see Chapter 9).
General Policies. The therapist should also include his or her policy
regarding the following issues: 1) access to the therapist in an emergency, 2) access
to the therapist in-between sessions, 3) access to another therapist when he or she
is ill or unavailable, and 4) session cancellation policy (the amount of notice
required, and the fees imposed for late cancellation).
The written informed consent form, covering the topics mentioned above,
should also include a statement that the client understands the information provided
72
and has been afforded the opportunity to ask questions of the therapist. The form
should include the client’s and therapist’s names and should be signed and dated by
both. The client should receive a copy, and the therapist should also retain a copy
for the client’s files.
Clients who are not satisfied with the information concerning any aspect of
treatment, indeed have the right not to consent or to pursue an alternative treatment
option. Clients who are committed to an institution involuntarily, prisoners, and
minors may have their rights compromised both to provide true informed consent
and to refuse treatment. There are no easy answers to these situations, and music
therapists are often obligated to follow policies of their employers concerning
whether or not unwilling clients are required to participate in music therapy
sessions.
Music therapists in private practice may confront issues regarding the rights
of children and adolescents with regard to informed consent, specifically the rights
of minors to seek treatment independently and without parental consent, and their
rights to refuse treatment even though their parents have provided informed consent
on their behalf. Music therapists working with minors should be familiar with laws
in their jurisdictions regarding the treatment of minors, as these vary according to
State.
Only a small number of states (e.g., Virginia) permit minors to enter into a
therapeutic relationship without parental consent, and this involves treatment which
addresses substance abuse, birth control, sexually transmitted diseases, or crisis
situations. In most states, however, parental consent is required (Corey, et al., 1998;
Koocher & Keith-Spiegel, 1998).
It is possible that the need for privacy may an motivating issue when minors
seek treatment independently, as the parents themselves might play a part in the
presenting problems. The therapist who encounters the dilemma of whether to treat
self-referring minors without parental consent must consider the level of
competence of the minor, the potential harm caused by not treating him or her, the
severity of the problem, and the legal implications for the therapist in entering into
this relationship. Music therapists should seek consultation as well as legal advice
in these situations (Corey, et al., 1998). It may be ethically required to attempt to
balance the minor’s right to treatment against the parent’s right to refuse treatment
for him or her (Stein, 1990).
In cases where the minor refuses treatment to which his or her parents have
provided consent, including hospitalization, there may be no other options for the
minor (Melton, Koocher, & Saks, 1983; Koocher & Kieth-Spiegel, 1998; Weithorn,
1987), except when the minor’s welfare is jeopardized, and the courts are called in
to make the final decision (Stein, 1990).
80
Although legally the child may not have the right to refuse treatment, this
does not imply that he or she should not be afforded the right to make decisions
about the nature of treatment. The therapist should attempt to obtain assent from the
child, and this is both an ethically required and clinically sound practice (Corey, et
al., 1998; Stein, 1990). Minors can be encouraged by the therapist to become active
participants in establishing goals and in making treatment decisions, according to
their ability to do so, and resistance to treatment may be diminished when the
minor’s self-determination is recognized and validated (Corey, et al., 1998).
therapist’s words and actions, as well as in the manner that the therapist “says” and
“does” throughout the process (Hancock, 1997).
As therapists respect the client’s dignity, clients are helped to experience
themselves more completely and to come to understand their potential for growth.
The therapist’s “being there” for clients affords them the opportunity to explore this
potential. “Being there” also involves the therapist’s being a real person whose
primary concern is understanding the client’s world and experiencing it with him
or her. (Malley & Reilly, 1999),
clinical problems are generated by the client and therapist, and the client is
encouraged to experimentally test them. Towards the end of this particular
treatment, contact with the client is faded, and there is a transition to independent
functioning (Mahoney, 1974; Thompson, 1983).
Protecting the client’s rights to autonomy and self-determination is related
to the therapist’s use of his or her power within the therapeutic relationship. The
therapist can choose the type of power used. For example, he or she can use
“directive power,” relating to clients as objects, exerting control over them, and
thereby rendering them powerless in the relationship (directive power).
Unfortunately, directive power dis-enables clients, and diminishes their capacity to
accept responsibility for their actions and to believe in their own effectiveness as
human beings (Craig& Craig, 1973; Dokecki, 1996).
On the other hand, the therapist may choose to relate to the client as a person
and exercise “synergic” power. In this manner, clients are considered partners and
allies with whom a collaborative relationship is established; energies of both parties
are focused on co-creating. The goals of this partnership are to enhance clients’
feelings of self-determination and empowerment in influencing their own destinies,
and to reinforce their capacity to work effectively with others.
~“Synergic power cannot take place within the traditional, paternalistic model
of therapy, but requires a ““we-relation” of interdependence between the therapist
and the client as a person, not as an object. This type of power implies an awareness
of the client and his or her personal narrative, goals, and life’s meaning; the
therapist does not use his or her power to impose meaning on the client (Dokecki,
1996).
group members; confrontation by others; and the lack of assurance regarding the
maintenance of confidentiality outside the group. These risks can be minimized to
some extent through the informed consent agreement, which establishes
responsibilities and expectations for both the therapist and group members. Specific
rules for group participation may be included. In addition, therapists need to be
competent and skilled in working with groups, as this is a primary safeguard for
members’ well-being and emotional safety (Corey, et al., 1998).
Therapists have the responsibility for screening potential group members,
to ascertain that this particular group may be beneficial for this client with this
particular therapist at this particular moment (Corey, et al, 1998). Group music
therapy is not for every client. According to Yalom (1995), the following types of
clients may not be appropriate candidates for intensive therapy groups on an
outpatient basis: individuals with neurological damage, paranoia, hypochondriasis,
acute psychosis, antisocial personality disorders or addictions to substances.
Conversely, groups may be very helpful for individuals who have interpersonal
difficulties, (such as loneliness, and problems with intimacy, assertiveness or
dependency), as well as those who have existential issues, who are highly anxious,
who have identity issues, who fear success, or who are workaholics (Yalom, 1995).
When group participation is not voluntary, as is the case with some clients
who are hospitalized, the therapist must take particular care to inform the clients
about their rights, including: the group’s nature and goals, procedures used, the
limits of confidentiality, their choice of response in the group, and how their
participation in the group will be shared with others outside the group (Corey, et al.,
1998).
Policies for attendance of group sessions, as well as procedures to be
employed when a member wants to withdraw from the group, need to be established
and shared with the group as part of the informed consent process. Because a
member’s sudden withdrawal from the group can be disruptive to the group process
and to group cohesion, it is advisable that members commit to informing and
explaining to other members their reasons for leaving prior to withdrawing. This is
important so that potential misunderstandings can be resolved, that negative
experiences within the group can be shared, and that closure can be obtained for the
client and group (Corey, et al.,1998).
Therapists have the responsibility of providing additional help and support
for any group member who remains in distress at the end of a session. Therapists
are not free to abandon these clients just because the session is over. Therapists
should be careful in timing interventions during the session to make sure that
adequate time remains for processing the feelings that emerged during the
intervention (Corey, et al., 1998). Clients should not fall apart and then be
dismissed!
As in all music therapy practice, therapists working with groups need to
realize the limits of their competence, and refer clients for required services when
needed.
86
is required, and even though clients may not have a history of violence, there may
indeed be a first time for everything, (and as a preventive measure, therapists should
routinely screen clients for potential violence). The therapist should be clear in
conveying limits to the client, i.e., that threats will not be tolerated, and that the
relationship could be terminated if they persist. The therapist should also document
the client’s threats and his or her responses to them, as the duty to warn and protect
also applies to the therapist as well as third parties (Koocher & Keith-Spiegel, 1998)
(see Chapter 5).
When a client threatens harm to the therapist, the therapist should seek
consultation from his or her lawyer, from expert colleagues and/or from supervisors
within the facility. If the client is to be retained, the therapist should develop a
careful treatment plan to address the client’s anger, should determine clear limits
for behavior that will be tolerated, and should assure safety for him or herself, (e.g.,
notifying security at the facility, or not being alone with the client in his or her
private office) (Koocher & Keith-Spiegel, 1998).
Ethically speaking, music therapy should take place in a setting that provides
safety and privacy for the client. It is the responsibility of the music therapist to
assure that the setting poses no threats of harm to the client, i.e., that it be physically
safe. Music therapists working with hyperactive children, for example, should
ascertain that there are no potential dangers to clients, such as harmful materials,
loose wiring, open electrical sockets, etc., within the environment.
The music therapist must also assure that there are no threats within the
setting to the client’s emotional safety. Therapy should be held in a private place
that is not accessible to interruptions by other clients or staff during clients’
sessions. Because music therapy is often more “noisy” than other types of treatment,
sessions should be held in settings where the voices and music of the client and
therapist cannot be easily overheard by others.
Unfortunately, this is an ethical standard that is not often achieved by music
therapists working in treatment facilities. There may be little choice for the therapist
as to where the music therapy sessions are held, and the therapist will often have to
choose the “best” space from the less than satisfactory spaces allotted. Music
therapists may need to work at a client’s bedside in a nursing home or hospital and
may have little control over intrusions by other staff. In spite of the realities of
clinical work, it is important for the music therapist to at least attempt to find the
best conditions available for music therapy work, realizing that the limitations of
the setting often impose restrictions on the clinical process.
Music therapists in private practice also need to strive for safety and privacy
in their practice settings. A number of music therapists conduct music therapy in
their homes. This arrangement may be appropriate for some types of clients and
music therapy interventions, but it is obviously not appropriate for all. A primary
risk of using an office in a therapist’s home involves the potential establishment of
dual relationships with the client, as the client has access to the therapist’s personal
88
information, lifestyle, etc. (Herlihy & Corey, 1992). Also, there are also risks for
intrusion by the therapist’s family on the privacy of the client. On the other hand,
it is not always fair for the therapist’s family to be banished from their home during
session time. If a home office is used, it should occupy a private space within the
home (Richards, 1990).
As stated above, it is not appropriate to work with some types of clients in
ahome office. The therapist should avoid seeing potentially dangerous clients in his
or her home setting because of threat of harm that this may pose for the therapist
and/or the family (Herlihy & Corey, 1992).
treatment. Even when there are external pressures, e.g., managed care limitations
on treatment (see Chapter 9), therapists may still have an ethical obligation to find
ways to continue the client’s treatment, if there is a pressing clinical need to do so
(Pope & Vasquez, 1998).
When the client no longer benefits from treatment, however, other ethical
obligations exist. This may be problematic in the sense that there are no specific
guidelines for the music therapist concerning the duration of treatment or the
criteria for terminating treatment. This is indeed determined by both the subjective
judgment of the therapist as well as the objective data regarding progress. For music
therapists working in facilities, it may also be determined by the consensus of the
treatment team or by managed care requirements. For private practitioners in music
therapy, a contract for a designated number of sessions may be negotiated with the
client, after which time progress can be evaluated, and a decision made regarding
further treatment.
Therapy does not continue indefinitely. An important ethical responsibility
of the therapist, as well as an important right of the client, is to terminate treatment
when it is no longer beneficial or when there is harm to the client from treatment.
The client may have reaped all the potential benefits of what music therapy has to
offer. Or, there may be other reasons for the lack of progress, including, personality
clashes between the client and therapist, the client’s resistance to comply with
treatment, or the therapist’s competence in handling new clinical problems that
emerge (Woods, Marks & Dilley,1990).
For whatever reason, the therapist is obligated to take appropriate action,
prepare the client for termination, discussing his or her needs and views regarding
the conclusion of treatment, referring the client to another therapist and attempting
to assure continuity of care, and helping the client make the transition in a safe and
supportive manner. The therapist should make every attempt to prevent a lapse in
care that could prove detrimental to the client (Woods, et al., 1990).
Ethical problems may arise when the decision to continue treatment that is
no longer of benefit is made based on the client’s issues of fear, insecurity or
dependency (Koocher & Keith-Spiegel, 1998). The therapist is obligated to discuss
with the client the reasons that therapy is no longer warranted, to present to the
client a plan of action, and to allow the client to make an informed choice
concerning this plan (Hare-Mustin, et al., 1979).
When there is a question as to the client’s needs for continued treatment, or
there is a disagreement between the client and therapist regarding treatment, the
therapist should discuss this with the client openly. An external consultation can be
arranged with another therapist who could provide an additional opinion regarding
the appropriate course of action (Koocher & Keith-Spiegel, 1998).
The termination of treatment, irrespective of the reason, requires a concerted
effort on the part of the therapist to understand its meaning for the client. The
termination process must be carefully planned and structured so that it can be a
positive experience for clients, including those who have benefitted from music
therapy, and those who have not (Hancock, 1997). Clients should not be left with
unfinished business at the end of treatment if appropriate closure procedures have
90
been implemented.
In a similar manner, music therapists working with groups need to provide
sufficient support to help members transition away from the group experience.
Termination is an important component of the group/therapeutic process, as it
provides the opportunity for members to reflect on the meaning of their experiences,
to identify the progress they’ve achieved, to integrate what they’ve learned about
themselves, and to make decisions concerning their future behavior (Corey, et al.,
1998).
Group members may be reluctant to terminate and deny that it is about to
happen (and similar issues can exist for the therapist). These issues notwithstanding,
it is the therapist’s responsibility to keep the group focused on issues of closure.
Termination is a significant part of the process, which when carefully handled, can
be a major factor in promoting and maintaining therapeutic growth (Yalom, 1995).
Chapter Summary
4. When working with groups, music therapists have the responsibility to provide
the members with opportunities for informed consent with a description of the
possible risks involved, screen group members to ascertain that this type of
treatment is appropriate for them, establish policies and procedures to minimize
risks, realize the limits of their competence, and make provisions for supporting
members who remain in distress following the group.
1
5. Clients who are viewed as “difficult” to treat often present clinical challenges as
well as evoke strong emotional reactions from the therapist. Therapists must
carefully distinguish their own countertransference and competence issues from
treatment issues, and supervision or consultation may often be required to
accomplish this. Therapists’ anger towards clients should be dealt with outside of
the therapy situation. Clients should be screened for potential violence. For those
who may potentially threaten the therapist’s personal safety, clear behavioral limits
should be imposed, and the therapist should implement a variety of measures to
protect him or herself.
6.Therapists are responsible for clients’ physical and emotional safety and privacy
in selecting a setting for music therapy treatment. This may be quite difficult when
space within an institution is limited. Therapists who establish offices in their
homes need to consider potential problems, such as the establishment of dual
relationships, invasion of the client’s privacy, and threats to safety, as well as the
inconveniences for their own family members. Therapists also need to protect
clients from emotional, physical and social harm within a particular setting.
8. Music therapists may not abandon clients who require continued treatment, even
when there are external pressures to do so. On the other hand, clients who no longer
benefit from treatment, for a variety of reasons, should not be allowed to continue
in music therapy. Sometimes, referrals to other therapists may be required, and a
smooth transition provided to assure continuity of care. When there is a question
regarding the client’s need for continued treatment, an external consultation may be
needed. Termination procedures sheuld be carefully planned and implemented to
assure a positive experience for the client; no unfinished business should remain.
With groups, supportive termination procedures may represent an important stage
of the group process, and further facilitate members’ growth and change.
Ethical Dilemmas
1. Sebastian, a 16-year old attending a public high school, was involved in a fight
with another at his school. His school suspended him with the requirement that he
receive therapy before he could be readmitted. Sebastian’s mother contacted Lynn,
a music therapist in private practice. When Lynn saw Sebastian, he admitted that
he had been wrong in fighting with his peer, but had been provoked by this
particular peer who called his family, “white trash,” his mother, “a drunk,” and
92
his father, “a maniac.” Lynn explored his feelings about his family members
through various musical improvisations. She came to realize that Sebastian's issues
indeed stemmed from his enormous family problems. Lynn asked Sebastian's mother
if she and her husband would be willing to attend Sebastian’s improvisation
sessions. Lynn refused and said that she had decided to bring Sebastian to another
therapist.
2. Helen is a music therapist who works on a forensic unit. Seymour, a client, has
been assigned to her song/lyric-discussion group. Seymour is most uncooperative,
stating that he thinks music therapy is stupid, and that he would prefer to be
elsewhere, but “they are making him come”’ ifhe wants to keep the few privileges
he has. During the groups, Seymour sits in the corner with his arms folded, and
occasionally makes comments about wanting to leave. His presence in the group is
disruptive to the others. Although Helen has done everything possible to try to
engage Seymour in the group, these efforts have been unsuccessful.
3. Shirley, a 14-year old, calls Eric, a music therapist in private practice and
requests an appointment with him. One of her friends had seen Eric in the past, and
she obtained his number from her. In her phone call, she tells Eric that she just
found out she was pregnant and can’t tell her parents about this because they will
kill her. She is having difficulty eating, sleeping, and concentrating, and feels she
is in a real crisis. She can’t tell her parents about the therapy, because they will
want to know the reason. Eric states that he cannot work with her without her
parents’ consent. Shirley becomes despondent.
5. Fred, a music therapist in private practice, has been working with Janelle, a
client who has had many difficulties in her interpersonal relationships. Fred feels
he has made progress with Janelle, and that the goals of therapy have been
achieved. He begins to prepare Janelle for termination. Janelle is unwilling to
terminate, and she tells Fred that, without him, she would have no one to whom she
could express her feelings.
93
7. Rachel runs a music therapy group for adult clients who have acute psychiatric
disorders. During the session, Dan, becomes verbally abusive to her, accusing her
of incompetence and mistreatment, and also begins an argument with Shawn,
another client who comes to her defense. A fight breaks out between Dan and
Shawn, and other clients, because of their proximity, appear to be at risk for injury.
10. Brian, a music therapist working in a facility for adolescents allows clients to
use the restroom during sessions ifthey need to. When two clients do not return in
a timely manner, he looks for them and finds them having sex in a secluded area
outside the music therapy offices.
11. Sabrina, a music therapist who has just completed her third level of GIM
training is attending a party where her co-workers in music therapy and from other
departments are present. They are very interested in GIM, both personally and
professionally, and ask her many questions about the method. One of the guests, a
psychologist, asks if Sabrina will conduct a group GIM session with the guests,
assuring her that they will keep all information confidential.
12. Gretchen, a music therapist in private practice works with “normal” adults who
have stress problems and also with couples who are preparing for childbirth. She
uses the den of her home for sessions, because she is unable to afford a private
office, and because her clients feel more comfortable (and less like therapy clients)
in a home-like atmosphere.
13. Jonathon, a music therapist working with substance abuse clients, demands
strict discipline in his music therapy sessions. He verbally reprimands clients ifthey
are late for sessions, and occasionally makes sarcastic or degrading comments to
them ifhe feels they are denying their issues.
14. Louise, a music therapy working with clients who have chronic psychiatric
disorders, feels that many ofher clients are over-medicated, fatigued and indifferent
to music therapy sessions.
15. Clifford works as a music therapist in a prison setting. He works with Hal, a
prisoner who is serving a 30-year sentence for aggravated rape. Clifford is
convinced that Hal is innocent of the crime and has been imprisoned unjustly.
94
16. Fran is a music therapist in a private inpatient treatment facility for children.
She meets with the treatment team to discuss Sally. The team recommends that Sally
be transferred to a state facility because she hasn’t made sufficient progress, and
because her insurance benefits have run out. Sally disagrees with this decision, but
is in the minority. The day after the team meeting, Sally’s mother calls Fran and
asks Sally for her opinion regarding the team’s recommendation.
4. In a short essay, describe what you consider to be the most important aspects of
the music therapy relationship.
5. In your course journal, reflect on the types of clients who might present the most
difficulty for you, in terms of your current level of competence and your own
personal issues, values, etc. Also, reflect on the characteristics of clients who might
make you angry (or have made you angry in the past). Can you find a connection
between your own issues and the clients’ issues? Discuss both of these topics with
your peers.
6. In your course journal, describe any reactions, fears, frustrations, etc. you may
have about potentially harming clients, or in being ineffective with them as a
therapist.
7. Discuss with a peer or small group your reactions to saying “goodbye” to clients
in the past, for example in your clinical experiences. Is this easy or difficult for you?
Do you have a tendency to hang on or let go too quickly? Do you try to avoid the
situation? Do you experience guilt, relief, etc. in saying goodbye? What issues can
you anticipate having in the future concerning making decisions about and
implementing termination procedures with clients?
8. Complete the following chart to include your ideas on what the rights of clients
are in music therapy and what your responsibilities are as a music therapist.
25
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ETHICAL THINKING AND CONFIDENTIALITY
Definitions
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Conddentinlity is a core concept within the client-therapist relationship in
music therapy. For clients to establish trust in the therapist, confidentiality must be
assured to the fullest extent possible, and the maintenance of confidentiality is both
an ethical and legal responsibility for the music therapist. As such, however,
confidentiality is a very complex issue, fraught with potential conflicts between
ethical requirements and legal mandates.
The issue of confidentiality is considered very important by music
therapists. Fifty music therapists were asked to rate the importance of 56 ethical
problem situations, and the situations concerning confidentiality were rated highest
of all situations in the survey (Dileo-Maranto, 1981a; 1981c; 1984; Dileo-Maranto
& Ventre, 1984,1985). Issues in confidentiality are also significant in the field of
psychology. Several studies revealed that confidentiality issues are the most
frequently occurring ethical problems (Haas, et al., 1986; Pope & Vetter, 1992), In
another study, 61.9% of psychologists reported having unintentionally broken a
client’s confidentiality (Pope, et al., 1987). Furthermore, experienced psychologists
reported that the most frequent intentional breaches of ethical or legal standards
involved confidentiality dilemmas (Pope & Bajt, 1988).
It is important to distinguish between the three most common terms used in
reference to the protection of the client’s information: confidentiality, privacy, and
privileged communication. Confidentiality refers to the ethical obligation of the
therapist to protect the client’s information from disclosure to anyone, without
express permission from the client to do so. Confidentiality is not absolute,
however, and there may be circumstances (discussed in later sections of this
chapter) that may necessitate this disclosure. Therefore, confidentiality is limited,
and the client must be informed of these limits at the beginning of the treatment
process.
Privacy is the broadest term of the three defined here, and refers to the
constitutional right of all persons to determine the extent to which they will share
personal information with another. The right to privacy is considered an essential
component of human dignity and autonomy (Koocher & Keith-Spiegel, 1998).
98
Limits to Confidentiality
There are a number of circumstances, both ethical and legal that limit the
extent to which confidentiality can be maintained. Under normal circumstances, for
example, confidential information may need to be shared for purposes of: 1)
receiving supervision or consultation (in which cases the identity of the client is
disguised as much as possible), 2) providing information to other professionals, e.g.,
in communicating about a client who was referred, or 3) being processed by clerical
staff for third-party reimbursement. There are also a number of exceptional
circumstances in which the breaching of confidentiality is mandatory: 1) when the
client presents a danger to self or other persons, 2) when the client reveals the intent
to commit a criminal act, 3) when there is suspected child, elder or handicapped
abuse, and 4) when there is a court subpoena for a client’s records (Corey, et al.,
1998).
The music therapist must anticipate both these normal and exceptional
circumstances, and duly inform the client as to the limits of confidentiality prior to
the initiation of music therapy services. With these limits in mind, the client then
has the option of choosing the information he or she wishes to disclose. As the
clinical population with which the music therapists works may require more
99
potential limits of confidentiality (e.g., AIDS patients, clients at risk for suicide,
children), it is the responsibility of the music therapist to become familiar with the
laws of his or her jurisdiction governing confidentiality, privilege, mandatory
reporting of abuse, and duty to warm, prior to working with these populations.
Mandatory Reporting. All states have adopted mandatory reporting laws for
child abuse. Child abuse is defined as follows: “the physical or mental injury, sexual
abuse or exploitation, negligent treatment, or maltreatment of a child by a person
who is responsible for the child’s welfare under circumstances which indicate that
the child’s health or welfare is harmed or threatened” (The Child Abuse Prevention,
Adoption and Family Services Act of 1988; Pub.L. 100-294-14). Individuals in
various professions (e.g., teachers, medical doctors, psychologists, social workers,
and other health and social service professionals) are required to report suspected
child abuse to authorities. It is not necessary for these professionals to prove the
abuse, as this is to be determined by the child protection agency (Pryzwansky &
Wendt, 1999). Although music therapists may not be mentioned specifically in the
list of professionals who are required to report child abuse, music therapists who
work with children should be familiar with signs of potential abuse as well as
reporting procedures. Whether this information is disclosed by the children
themselves, by adults who are abusing, or by a relative, or whether the abuse is
current or past, this matter may need to be reported according to the individual state
law (Corey, et al., 1998). As laws vary from state to state, it is essential that music
therapists are familiar with the laws of their particular jurisdiction.
Designated professionals who fail to report suspected child abuse are subject
to substantial fines, imprisonment, and civil litigation. In addition, professionals
who are licensed by the state may be subject to having their licenses revoked or
suspended. The majority of state laws stipulate that the professional must know
about the abuse and willingly fail to report it in order for liability to be present, and
this protects the professional from situations in which honest mistakes are made.
The Pub.L. 93-247 (The Public Health and Welfare Act) requires states to provide
immunity to designated professionals who make incorrect reports in good faith
(Corey, et al., 1998; Pryzwansky & Wendt, 1999).
In a similar manner, all states have mandatory reporting laws for elder
abuse, but not all have laws for mandatory reporting of handicapped abuse
(Pryzwansky & Wendt, 1999).
Reporting suspected abuse, while clearly required by law, poses a number
of ethical and therapeutic dilemmas. It is clear that disclosing confidential
information may irrevocably damage the therapeutic relationship. Further, therapists
may fear that the reporting of suspected abuse, when they are not completely certain
that it has occurred, may increase their vulnerability to litigation (Kalichman &
Craig, 1991).
In situations where the therapist is uncertain about reporting abuse, he or she
should document observations and the reasons for reporting, and consult with other
professionals, including his or her supervisor. The therapist may also choose to
make the report with the family present, to discuss this decision with them, to
100
clarify his or her requirements to do so, and to process their feelings. This procedure
may help preserve the integrity of the therapeutic relationship, if this is at all
possible (VandeCreek & Knapp, 1993).
Cohen & Cohen (1999) provide guidelines for therapists in reporting
suspected child abuse: 1) Therapists must inform clients of the limits of
confidentiality regarding mandatory reporting of child abuse at the beginning of
treatment. 2) Therapists must comply with these laws, unless there is clear and
imminent danger to the child resulting from the report. 3) If the alleged perpetrator
of the abuse is a client, the therapist informs him or her of the intent to report (if this
does not involve an additional threat to the safety of the child). If the child is a
client, the therapist seeks consent from him or her.
The Duty to Warn and Protect. A number of court decisions in recent years
have repeatedly emphasized the need for therapists to protect third parties from
actions of their potentially dangerous clients. When clients disclose an intent to
harm another person, may or should this confidentiality be breached to protect the
third person at risk of harm? The answer may be, “Yes.” A description of a
landmark case, Tarasoff v. the Board of Regents of the University of California,
follows.
Poddar, a student at the University of California, was an outpatient at the
student health service. Poddar revealed to his therapist (Moore) that he intended to
kill another student, Tatiana Tarasoff, who had spurned his affections, and that he
intended to purchase a gun. Moore felt Poddar was dangerous and contacted the
campus police who interviewed Poddar and later released him after he promised to
stay away from Tarasoff. Podar discontinued treatment, and two months later, shot
and killed Tarasoff. Tarasoff’s parents sued the university and its Board of Regents
for not having notified their daughter of this danger. Their case was dismissed by
a lower court, and later the Supreme Court of California ruled in favor of their
appeal (Corey, et al., 1998; Koocher & Keith-Spiegel, 1998).
The implications of this decision for therapists are as follows: 1) therapists
must breach confidentiality to warn persons whose welfare and safety are at risk,
and 2) there is a duty to protect third parties from clients who present danger to
them. Thus, therapists have duties both to their clients as well as to society, and
these duties may often be in conflict (Corey, et al., 1998).
The Tarasoff decision remains a controversial one. There have been few
reported cases of liability for therapists who have failed to warn third parties; it may
not always be possible for therapists to predict the likelihood of a client actually
causing harm to another. In addition, other states have not consistently upheld this
decision in similar cases. In the Tarasoff case, the intended victim was identifiable;
in other cases, the victim was not. What then is the responsibility of the therapist
regarding aclient’s general statements of aggression? (Corey, et al., 1998). The duty
to warn and protect must be exercised when the following three criteria are
involved: 1) a therapeutic relationship exists, 2) based on the client’s history,
violence can be reasonably predicted, and 3) the potential third-party can be
identified (Costa and Altekruse, 1994).
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Protecting the Client from Self: Suicide. Just as there is a duty to warn and
protect third parties of potentially dangerous client behavior, there is also an ethical
and legal responsibility to protect clients from harming themselves and from taking
their own lives. The breaking of the client’s confidence is often necessary when the
therapist suspects that hé or she may commit suicide, if this will assist in
prevention.
Some might question the right of the therapist to undermine the client’s
autonomy and self-determination with regard to his or her decision to commit
suicide (and this will be discussed in further detail later in this chapter). When these
decisions are “far-reaching, potentially dangerous and irreversible...(when they are)
made under extreme psychological duress, or (when they involve) dangers not
adequately understood or appreciated by the client” (Cohen & Cohen, 1999, p. 252),
there may need to be a paternalistic restraint of the client’s freedom.
As it is often impossible to reliably predict suicide, assessing the risks
involved is an extremely stressful task for therapists. The therapist is indeed
challenged in determining when the client may be serious in his or her intent to do
this. The issue of suicide summons many personal issues for the therapist:
competence, degree of control, responsibility, and capacity to deal with life-
threatening situations (Corey, et al., 1998).
A therapist who experiences the suicide ofa client is usually devastated. The
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experience evokes issues of self-doubt and second guessing about what he or she
could have done better to prevent the suicide; anger, pain and guilt may be
overwhelming. In addition to his or her own feelings, the therapist frequently must
try to cope with the feelings of the client’s family, which may involve intense anger
at the therapist (Pryzwansky & Wendt, 1999). Fear of litigation is real, as suicide
is one of the leading causes for successful malpractice claims against therapists
(Szasz, 1986).
Assessment of suicide risk involves the identification of typical crises that
may precede such an attempt. Therapists must have skill in being alert to warning
signs and in implementing competent treatment aimed at prevention. Depression,
suicidal thoughts, intent, and plans need to be assessed early on (Fujimura, Weiss
& Cochran, 1985; Pope, 1985; Pryzwansky & Wendt, 1999; Sommers-Flanagan &
Sommers-Flanagan, 1995; Wubbolding, 1996). In addition, there may be other
signs of risk, including: verbal statements about suicide; previous attempts at
suicide; sleep disruption (which can exacerbate depression); feelings of
hopelessness-helplessness, guilt and worthlessness; extreme anxiety and panic;
specific plans to execute the suicide; alcohol and drug abuse; previous psychiatric
history; long-term chronic illness, including HIV infection; sudden changes for the
better in mood or impulsivity; behaviors that are associated with finality/dying
(giving away possessions, making a will, making closure in business); and
withdrawal from sources of support (cited in Corey, et al., 1998). In addition, some
demographic factors are associated with increased risk for suicide, including: sex
(men, especially those under 35 and over 65 are more likely than women to commit
suicide), marital status (single people are more likely than married persons), and
employment status (the unemployed are at greater risk) (Corey, et al., 1998).
To determine the seriousness of the client’s intent and the need for
intervention, Wubbolding (1996) recommends that therapists explore with the client
both overt and subtle references to suicide through an open discussion which
emp.oys the following questions: 1) Are you contemplating suicide? 2) Have you
attempted suicide previously? 3) Do you have a plan? 4) Do you have the means for
suicide at your disposal? 5) Are you willing to make a unilateral no-suicide pact to
remain alive, 1.e., to avoid killing yourself either intentionally or unintentionally for
a designated period of time? and 6) Is there anyone in your life who could dissuade
you from suicide and to whom you could talk if you had the urge to commit
suicide?
Even given all this information, the decision about the client’s risk still
remains within the subjective analysis of the therapist (Corey, et al., 1998).
Suicide may be prevented if the client’s cry for help is heard, and if support
is given to him or her in managing or coping with the presenting crisis. If therapists
can anticipate suicide, there may be an opportunity to prevent it. When a client is
assessed to be at risk, the therapist is both ethically and legally obligated to break
the client’s confidence and implement a prevention plan. When the therapist does
not take appropriate action, or if she or he exacerbates the client’s situation, liability
may result (Corey, et al., 1998), and a valuable life may be lost.
As with the duty to warn and protect potential victims of the client, the
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therapist must exercise a reasonable standard of care to safeguard the client’s life.
A number of authors (Austin, Moline & Williams, 1990; Bednar, et al.,1991;
Bennett, Bryant, VandenBos, & Greenwood., 1990; Bonger, 1991; Fujimara, et al.,
1985; Pope, 1985; Pope & Vasquez, 1991; Sommers-Flanagan & Sommers-
Flanagan, 1995; Wubbolding, 1996) (cited in Corey, et al., 1998) have
recommended possible courses of action for suicide prevention which include the
following: 1) The therapist should be cognizant of his or her personal limits, and
also recognize the stress involved in working with suicidal clients. 2) The therapist
should strive to create an atmosphere of support for the client. 3) The therapist
should work to obtain a commitment from the client to refrain from intentional or
unintentional suicide. 4) The therapist should consult with colleagues on client
cases. 5) Clients should know the therapist’s availability and how to contact him or
her between visits. 6) The therapist should receive specialized training in suicide
prevention and crisis-intervention and stay abreast of the latest developments in
these areas. 7) The therapist should fully assess his or her own competence and refer
clients when needed. 8) The therapist should consider client hospitalization as an
option with an awareness of its benefits and liabilities. The therapist should also
monitor the client closely following hospital discharge, as this is a time of increased
suicide risk. 9) The therapist should communicate with the client clearly and firmly,
and avoid being manipulated by the client’s threats. 10) If working within a facility
or agency, the therapist should ascertain clearly the lines of responsibility for
clients. 11) The therapist should avoid allowing the client access to dangerous
instruments within the clinical setting, making certain that the client’s personal
weapons are given to another person. 12) The therapist may need to schedule the
client for more frequent visits. 13) The therapist should emphasize the client’s
strong points and will to live, 14) The therapist should convey his or her caring,
with its accompanying limits and actions, as well as his or her realistic aspirations.
15) The therapist should be willing to share responsibility for the client with the
client. 16) The therapist, with the client’s assistance, should establish a network of
friends and family to support the client. Although as in Tarasoff there is no duty to
warn specific individuals of the client’s intent to commit suicide, if warning others
will help prevent the suicide, it is then the therapist’s obligation to do so (Swenson,
1997).
Self-awareness is crucial in work with suicidal clients. Coale (1998) presents
an example of how her own self-awareness manifests itself in her work with these
clients:
“T often talk about my needs to a suicide contract with them so that J do not
have to worry constantly about them between sessions. The contract is
clearly to help them stay alive, which they generally want to do or they
would not be in therapy in the first place; but, once I have entered into a
relationship with them and care about them, the contract is also for my
needs. I have been struck with how readily most clients will agree to such
a contract when I am honest about my need for it as well as theirs....I have
also let clients know, from time to time, that their violent or illegal behavior
is intolerable to me. Not just that it is not in their therapeutic best interests
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music therapists may not have the right to information concerning whether or not
clients have HIV or AIDS.
When a client who has AIDS or is HIV seropositive is aware of his or her
condition and fails to make this fact known to sexual or needle-sharing partners, or
engage in safe sex practices, a most difficult ethical situation arises for the therapist
(Pryzwansky & Wendt, 1999; Stewart & Reppucci, 1994). This may be one of the
most controversial issues a therapist ever confronts. The therapist must choose
between protecting the client’s confidentiality and the therapeutic relationship or
protecting other individuals at risk; a moral, ethical, legal and professional dilemma
results (Corey, et al., 1998).
The laws have not yet clearly or universally defined the ethical and legal
responsibilities of therapists who become aware of the potential dangers that these
behaviors imply for the HIV-client’s partners. State laws vary concerning the
disclosure of HIV-related information, and these may also be different for
physicians and therapists. Some states may not permit therapists to disclose this
information to warn and protect others, and they are mandated to attempt to
persuade the client to do so voluntarily (VandeCreek & Knapp, 1994). Some states
expressly forbid HIV disclosure, whereas other states allow physicians to disclose,
but not those in mental health practice. Furthermore, in many states, therapists who
disclose this information may be subject to criminal and civil (e.g., malpractice)
charges. Other states have not yet developed specific laws (Corey, et al., 1998).
Duty to warn and protect guidelines may be relevant in these cases (Woods,
et al., 1990). In making the decision concerning whether he or she has the duty to
warn others, the therapist must ascertain whether there is imminent danger to an
identifiable person, such as a spouse, or if the potential victim is an anonymous
sexual/needle sharing partner.
Therapists working with HIV-infected or AIDS patients must have current
knowledge of the disease and its risks for transmission, as well as knowledge of the
relevant state laws as a starting point (Spiegel, 1998). Therapists should also have
adequate self-awareness of their own values and attitudes towards the disease. As
a next step, therapists are obliged to discuss the risks of transmission frankly with
the client; this alone may be sufficient to encourage the client to adopt safe sex
practices or warn partners. In some cases, the client may be resistant to doing this,
and the therapist will need to consider his or her duty to warn and breach the client’s
confidentiality. The therapist should make every attempt to secure the client’s
permission to do this, and should seek expert advice before taking a course of action
(Pryzwansky & Wendt, 1999).
The working group on confidentiality with HIV-infected clients (specifically
maternal and pediatric HIV-infection) at Creighton University’s Center for Health
Policy in Omaha (1992) has recommended guidelines for decision-making
regarding these disclosures: “When the risk of infection is significant, the identity
of the third party is known, (when) warning is likely to be effective in preventing
infection, and every reasonable measure to convince the patient to disclose has
failed, professionals have a strong ethical obligation to warn those at risk.” (Cited
in Reaves & Ogloff, 1996, p. 123).
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Cohen and Cohen (1999) also enumerate five conditions which must all be
satisfied before a therapist may breach the HIV or AIDS client’s confidentiality: “1.
The therapist is aware of medical evidence indicating that the client is HIV
seropositive. 2. The third party is engaging in a relationship with the client such as
unprotected sexual intercourse, which according to current medical standards,
places the third party at high risk of contracting HIV from the client. 3.The client
is not likely to disclose his or her HIV status to the third party in the near future, nor
is anyone else likely to do so. 4.The third party can be identified and contacted by
the therapist without the intervention of law enforcement or other investigative
agencies. 5. The third party is not engaging in high-risk sexual activity (such as
promiscuous sex without the use of a condom) for which he or she can reasonably
be expected to foresee or comprehend the high risk or harm to self” (p. 217). The
risk to a third party must be compelling and imminent for therapists to breach the
client’s confidentiality.
The same authors also detail specific procedures to be used by the therapist
in warning persons at risk of HIV infection. The therapist should make the
disclosure in a timely manner to minimize the risks involved. The therapist
encourages and supports the client in making this decision by him or herself. Before
the disclosure is made, the therapist notifies the client that he or she intends to do
so. The therapist should avoid deceiving, manipulating or coercing the client in any
way, such as by making continued treatment contingent upon the client’s disclosure.
The therapist is direct (avoiding answering machines, etc.) in making the disclosure
to the person at risk or to his or her parents/guardians if the person is a minor. The
therapist limits the content of the disclosure only to the information needed to
convey the risk involved; the therapist protects the client’s identity if possible. The
therapist employs reasonable safeguards for the client’s well-being, for example, to
prevent the client from harming him or herself. The therapists offers support or a
referral to the third party (Cohen & Cohen, 1999),
In addition to these recommendations and procedures, the therapist should
document the rationale for his or her actions, as well as the evidence for the risk to
the third party. Legal advice should be obtained to ascertain that the planned course
of action is advisable. Consultation with expert colleagues at every step in the
ethical decision-making process is essential.
Children. The therapeutic relationship can evolve only when there is trust;
it doesn’t matter if the client is an adult or a minor child. Unfortunately, children are
not treated the same as adults. Small differences in age result in vast differences in
comprehension and maturity. Children may not be deemed independently
competent to enter into a contract involving therapy and to provide informed
consent. In most states, the parent or guardian must execute this contract for the
child, (Corey, et al., 1998), and consequently, the rights to confidentiality are vested
also with the parent/guardian (Peterson, 1996). Exceptions do exist in some states
however, and adolescents may have the right to enter into therapy for designated
reasons (e.g., substance abuse, birth control) without parental consent. Therapists
should be cognizant of the laws in their individual states regarding the rights of
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minors to enter into therapeutic relationships without parental consent (Corey, et al.,
1998).
There are several other factors which complicate this issue. The posture of
the legal system historically is to assign most if not all decision-making rights of the
child to the parent. There has been little precedent for recognition of the
emancipated rights of children (Peterson, 1996). In addition, the costs for therapy
are most often borne by the parent/guardian. These individuals may feel entitled to
have access to the confidential information of the child, or even have influence over
treatment because of this financial commitment. In addition, in situations where
parents are divorced, the rights of noncustodial parents may present a further
complication (Biggs & Blocher, 1987). Overall, however, parents have the right to
general information about their child’s progress in therapy (Stromberg, et al., 1993a,
199sb).
The threat of malpractice is often a consideration for the therapist working
with children, because of the inability of children to provide informed consent. The
therapist who yields to the wishes of the child and is in conflict with those of the
parent may be at risk. The professional codes of ethics often do not provide clear
guidance for therapists in these situations (Peterson, 1996).
The following recommendations for protecting the confidentiality of child
clients are offered by Zingaro (1973), APA, (1981), and APGA, (1981). 1)
Communication between child and therapist should be considered confidential
because of the nature of the therapeutic session itself. 2) Whereas consultation on
a specific case is not a violation of confidentiality, informal discussions of the
client’s case with colleagues should be focused on helping the client, and his or her
identity should be protected. 3) If the therapist must provide written reports for
evaluation purposes, these should be limited to the necessary information only, with
all attempts made to avoid an invasion of the child’s privacy. 4) If the minor child
reveals behavior that is potentially harmful to self or others, the therapist should
attempt to dissuade the client from participation in this activity, and explain his or
her responsibilities to inform others. If the client persists in this behavior, the
therapist should take reascnable action to inform the appropriate authorities. The
determination of the individuals to be informed should be determined by the
situation and the therapist’s judgment. 5) If the therapist is subpoenaed to testify in
court regarding the client and is unwilling to breach confidentiality, the therapist
may attempt to become an agent of the client’s attorney. That is by revealing the
information to the attorney, the therapist may be able to assume this privilege. To
be protected under this privilege, the attorney must raise this privilege in the court.
The therapist may also request that the information be disclosed to the judge in his
or her chambers rather than in the courtroom. Neither of these strategies, however,
guarantee that the information will be considered privileged.6) When the therapist
is unsure of a course of action to be implemented, he or she should seek
consultation from experts in the field. And 7) If parents or school officials request
confidential information from the therapist, the therapist should attempt to uphold
the child’s rights to confidentiality. If the therapist feels that it is in the child’s best
interest for these individuals to have information, the therapist may provide them
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with suggestions about what they can do or not do to help the child. In this manner,
confidential information may be protected (Zingaro, 1973). In addition, therapists
can indicate in the informed consent agreement their policy for providing
information concerning the child to his or her parents. Therapists may also seek
permission from the child to release confidential information to parents and provide
the child with the information to be discussed. The therapist may also include the
child in his or her meeting with the parents (Corey, et al., 1998).
Laws governing confidentiality for counselors working in school systems
are different from those governing therapists in private practice. The Family
Educational Rights and Privacy Act of 1994 governs policy in schools that are
federally funded. School counselors are not required to contact parents of children
under 16 who seek their services. Moreover, school counselors are not required to
disclose information to parents from counseling sessions or allow parents access to
the child’s records (Corey, et al., 1998).
It is important for schools and agencies to have written policies and
procedures for responding to problems involving suicide risk and substance abuse.
Policies for suicide risk should contain procedures for referring the child to a trained
professional or agency, and for involving the parents in the process (Poland, 1995).
Regarding substance abuse in the schools, some states have implemented laws
requiring that parents be notified of their child’s behavior. The therapist may be
responsible for distinguishing experimentation from use and abuse. Written policies
and procedures are again required to protect the child as well as the professional
involved (Peterson, 1996).
(Bernstein, 1977).
When groups involve minors, consent should be sought from parents. In the
consent form, a description of the purposes of the group, the need for
confidentiality, and the therapist’s policy regarding his or her intent to uphold
confidences of group members should be included. Parents may be given general
information about their child (and no other group members) without violating the
child’s confidences (Corey, et al., 1998)
The therapist should work with the group members in addition to their
parents/guardians to reinforce the concept of maintaining confidentiality within the
group, and encourage discussion of these issues as they arise for the members
(Corey, et al., 1998).
Confidentiality also needs to be maintained within experiential music
therapy group training sessions in academic settings. Group members should be
aware of the need to safeguard private information of their fellow classmates. In the
academic setting as well, students who receive group supervision for their fieldwork
(practicum) or internship experiences are also mandated to preserve client
anonymity in their case discussions, and to refrain from any discussion of client
material (their own clients, or clients of other students) outside of the supervision
setting.
Therapists working with families or couples need to be clear in informing
clients of the limits to which confidentiality can be maintained. For example, if a
couple in therapy later files for a divorce, the therapist may be summoned to testify
in court regarding either party (Peterson, 1996). In a similar manner, the therapist
working with families may be compelled to submit therapy records to a court ina
custody battie.
Record Retention
their possession and made available upon request. Therapists should also make
arrangements for the disposition of records to another professional in the case of
their death (Pryzwansky & Wendt, 1999). When records are disposed of, this should
be accomplished in a way that protects the client’s confidentiality. Shredding,
burning or destroying documents may be required (Koocher & Keith-Spiegel,
1998).
Release of Records
To Clients. Whether or not clients have the right to access their clinical
records is somewhat controversial, and also related to the type of record requested,
i.e., institutional record, records of a private practitioner, or working notes. Access
to institutional records is governed by law and facility policy. The federal Freedom
of Information Act of 1966 and state laws concerning patients’ rights may mandate
the client’s right to this access (Koocher & Keith-Spiegel, 1998).
Client access to records maintained by therapists in private practice may or
may not be dictated by state law, and the therapist should be familiar with relevant
laws in his or her jurisdiction. The client’s right to access a therapist’s working
notes is not usually governed by law (Pryzwansky & Wendt, 1999).
Who owns a client’s records? Koocher & Keith-Spiegel (1998) assert that
records are the property of the facility or private practitioner, even though clients
may feel that they “paid for them.” Whereas clients may have access to copies of
records, the original records belong to the facility or practitioner. The working notes
are the property of the therapist.
Institutional records are the property of the facility, not the client or
therapist. Any documents in a file that can be accessed by other staff within the
facility are considered the property of the institution. The therapist’s working notes,
maintained separately and privately, are the property of the therapist (Pryzwansky
& Wendt, 1999)
Whether or not the client “owns” his or her records, he or she will likely
have the right to access them whether these are institutional records or records of
a therapist in private practice. Therapists should always keep this fact in mind in
their record-keeping. If these documents are prepared appropriately, clearly and
professionally, and contain factual versus speculative information, therapists should
not feel threatened (Koocher & Keith-Spiegel, 1998).
The therapist should establish a policy concerning how the client’s records
are shared with him or her, and this should be a part of the informed consent
agreement. For example, the therapist may insist on being present when the client
reviews records to answer questions, clarify terms or process reactions. The
therapist in private practice should also determine ahead of time whether he or she
will charge the client for the time involved in reviewing the record together, and if
so, there should be a consideration of the client’s ability to pay for this (Koocher &
Keith-Spiegel, 1998).
Parents/guardians may also request access to a minor client’s records. The
therapist should establish a policy prior to treatment, as part of the informed consent
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additional details from the therapist including the client’s presenting symptoms,
treatment procedures, or other sensitive information (Koocher & Keith-Spiegel,
1998).
Insurance companies may use or share this information in a variety of ways,
perhaps to the detriment of a client who may be denied future insurance benefits,
or who may have this information provided to his or her employer if self-insured.
Clients may not be aware of these implications when signing release of information
forms so that treatment may be reimbursed, and it is often difficult for the therapist
to fully inform clients in this respect, as the control of information is out of his or
her hands once it leaves the office. In refusing to have information released to
providers, the client may need to pay for treatment him or herself. The therapist
should attempt to determine how the information is used/shared by insurance
companies to be able to inform clients who rely upon third-party payers (Koocher
& Keith-Spiegel, 1998).
Chapter Summary
3. The duty to warn and protect third parties who may be in danger from a client
mustbe exercised when the following three criteria are involved: 1) a therapeutic
relationship exists, 2) based on the client’s history, violence can be reasonably
predicted, and 3) the potential third-party can be identified. Therapists need to
exercise a reasonable standard of care in assessing client dangerousness, in treating
these clients, and in protecting others from potential harm by these persons.
4. A reasonable standard of care must be exercised for clients who are at risk for
suicide. The therapist is responsible for assessing this risk, for breaking
confidentiality if necessary, and for implementing a plan to prevent the action.
6. In most states, the parent or guardian must execute the informed consent contract
for his or her minor child, and consequently, the rights to confidentiality are vested
118
also with the parent/guardian. Nevertheless, therapists should make every effort to
continue to maintain the confidentiality of the information the child provides in
treatment, develop policies for this which may be communicated through informed
consent procedures, and obtain the child’s assent for the release of information.
10. Record keeping presents threats to the client’s confidentiality. Meeting the
potentially conflicting demands of persons/agencies who may have access to
clients’ records, and at the same time safeguarding the welfare of the client and the
therapist, is often a challenge.
11. Procedures for maintaining confidentiality in clients’ records are numerous and
detailed. There must be adequate, objective documentation so as to benefit the
client, and at the same time, an avoidance of information, which if revealed, may
be potentially harmful to him or her.
12. The therapist should consider the client’s welfare as well as legal requirements
when deciding the appropriate length of time for retaining records. Obviously
clients may benefit from information in previous records when seeking future
treatment, however, obsolete and invalid data contained therein may also present
a risk for them.
13. Clients may have the right to access their clinical records, but their rights may
vary according to the type of record requested, i.e., institutional record, records of
a private practitioner, or working notes. Access to institutional records is governed
by law and facility policy.
14. Informed consent must be obtained from clients prior to releasing any
confidential information. The release of clients’ records may be mandated by courts
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Ethical Dilemmas
4. Sam is a music therapist in private practice. Gregory, one of Sam’s clients with
paranoid tendencies, asks Sam to allow him to read his music therapy file.
5. Charles, a music therapist in private practice, works with Rosie and Harry, a
couple who have pursued music therapy to assist in their communication
difficulties. In an individual session, Harry revealed that he was having unprotected
sex with gay men and at the same time, unprotected sex with his wife. Harry does
not want to be tested for HIV or to tell his wife about his gay affairs because he
thinks she will divorce him.
- 6. In the situation above, Rosie finds out about Harry’s sexual activities and files
for divorce. She asks Charles to testify in court on her behalf.
8. Jon, a music therapist in private practice, shares office space with a psychologist
and social worker. A common waiting area is used, and there are often a number
of clients waiting to see the three therapists. Jon meets his clients in the waiting
room when it is time for their appointment. When he has a new client, he will often
walk into the waiting room and announce the new client’s first and last name.
hospitalized for a medical crisis. Florence tells Darla that she will not likely see her
again, as the disease has become too much for her to bear, and that she plans to
commit suicide when she leaves the hospital.
11. Paul, a music therapist has been working privately with Stanley in his practice.
Stanley was recently arrested for assault and battery. The district attorney learns
that Stanley has been receiving music therapy and subpoenas Stanley's records from
Paul.
12. In the situation above, Stanley continues to receive music therapy from Paul
while he is on bail and awaits his case to come up in court. He feels he is innocent
of the charges, and states that he will “kill whoever lied to the police about his
involvement in the crime.”
1. Do a literature search to find out the laws in your state regarding: confidentiality,
privileged communication, the duty to warn, confidentiality with regard to minors,
confidentiality and AIDS/HIV, and/or the reporting of child abuse, elder abuse and
handicapped abuse. If you know an attorney, you may consider talking to him or her
about these issues. Write a summary of your findings and how they might relate to
_ music therapy practice.
4. Pick a topic that may have intrigued you in this chapter, do further research, and
write a short to moderate length paper. Present this to the class.
5. Role play telling a client about the limits of confidentiality. Get feedback.
6. Role play a scenario in which you tell a client that you must breach confidentiality
for any of the reasons mentioned in this chapter. Ask for feedback, and discuss your
reactions to doing this.
7. In your course journal, reflect upon the meaning of confidentiality within the
therapeutic relationship and how it may contribute to trust.
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8. Reflect upon an instance from your past when your confidentiality was breached
by someone else. Describe your reactions then and now. You may want to discuss
this with a partner or in a small group in class, or log about it in your journal.
10. Discuss with your classmates various institutional policies for record-keeping
they have encountered in their clinical work. Formulate general guidelines for
documentation that meet with the requirements of these policies, with the music
therapy Standards of Clinical Practice, and with the need to protect the client, in the
event records need to be released.
11. Discuss with your classmates confidentiality policies that may be implemented
by music therapists working with groups.
12. Discuss with your peers additional threats to a client’s confidentiality (or the
confidentiality of his or her records) not included in this chapter. Are there any
particular threats to confidentiality relevant specifically to music therapy work?
Generate additional ethical dilemmas and provide an ethical solution to these.
13. In your course journal, reflect upon any issue discussed in this chapter to which
you may have had strong reactions (and there may have been many)! For example,
what are your feelings about perhaps not having the right to know which of your
clients is HIV or AIDS infected? How would you feel about having your clinical
records subpoenaed by a court? How would you feel about having to testify in court
concerning a client? What would be your reactions if one of your clients committed
suicide or wanted to end his or her life because of a devastating illness? What are
your feelings about preserving the confidentiality of minors when their parents
request this information? How would you react if your had to report child or elder
abuse, or if you had to warn others concerning a potential suicide, about a potential
threat to themselves, or concerning their risk for HIV/AIDS? How would you feel
about one of your clients reading his or her records?
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Boundaries
oversensitivity to and feeling responsible for other’s emotions and moods; the
experience of unexpected and unpleasant memories, thoughts and sensations;
difficulty in focusing attention; and the inability to learn from one’s mistakes
(Friedman & Boumil, 1995).
for various points in a relationship with one client, as well as from client to client.
Determining factors are the needs of the client and the capabilities of the therapist.
The balance of boundaries is always an issue (Coale, 1998). “Although a healthy
frame has coherence and consistency, it must also be adaptable in a moment-to-
moment way. Ideally, the therapist will be able to fine-tune the frame into an
empathic, dynamic structure that is sensitive to the patient’s changing needs”
(Epstein, 1994, p. 17). Boundaries must also be adapted according to the ethnic,
gender, and multicultural needs of the client.
Coale (1998) emphasizes that it is not so much the nature or the structure of
boundaries that is significant, but “the way in which boundaries facilitate or impede
the therapeutic process on behalf of the client” (p. 99). Coale further states that the
therapist must honestly and accurately assess the following: if the client is being
used or exploited in any, if the therapist is sensitive to the client’s perception of the
boundaries, if the therapist is self-aware of his or her own boundary needs, if the
therapist is flexible enough to respond to different clients’ boundary needs, and if
the therapist is using the client to meet his or her own needs.
Boundary Violations
Boundary violations “refer to any behavior that infringes upon the primary
goal of providing care, and that might harm the patient, the therapist or the therapy
itself’ (Epstein, 1994, p. 2). Boundary crossings are distinguished from boundary
violations. Boundary crossings refer to deviations from normal practice; these could
be either beneficial or harmful to clients. Boundary violations usually imply
exploitation of or harm to clients (Gutheil & Gabard, 1993). Boundary crossings,
however, can lead to boundary violations when they contribute to a distortion of the
parameters of the therapeutic relationship.
Boundary issues in therapy are pervasive. Boundary violations are
frequently associated with sexual misconduct, inappropriate touching, and the
establishment of dual relationships with clients, as will be discussed later in this
chapter. However, other forms of nonverbal communication are also implicated in
boundary crossings and violations, including: body language, location and
arrangement of the therapy room, seating, and musical instruments, long pauses in
conversations, and so forth (Coale, 1998).
Clients come to music therapy because they have problems and are
vulnerable. Music therapists, on the other hand, are trained and skilled and have the
capacity to address clients’ needs.
“The potential for boundary violations derives from the space that exists
between the knowledgeable professional and the vulnerable client. The
inequality between us, the power differential, creates the need for
protection. Boundaries define formally and informally how professionals are
to exercise their power inside the relationship. When professionals maintain
these limits, the power differential presents no problems. However, when
professionals abuse the privilege of their power, they violate the boundary
that protects the space and place us (clients) in jeopardy” (Peterson, 1992,
126
p. 34).
Sources of professional power include that which is ascribed to the therapist
by society, the therapist’s expertise and skill, the client’s expectations and
dependency, as well as the professional’s own sense of power. Notall therapists are
comfortable with this power and responsibility within the therapeutic context. To
deal with this, therapists sometimes attempt to achieve more or less control with the
client: “tightening or enlarging the space in the professional-client relationship
undoes the controls on the relationship and thus paves the way for exploitation”
(Peterson, 1992, p.58). When this space is expanded, there is often a reversal of
roles between client and therapist. When this space is tightened, the therapist
maintains too great a distance in the relationship to protect him or herself for
whatever reason, and attributes this distance to the needs of the client (Coale, 1998)
In these violations, the therapist’s needs become the matter of concern rather
than the client’s, there is an implicit secrecy about the role reversal, there is an
inability of the client to extricate him or herself from the situation (and he or she
loses either way), and there is always a misuse of the therapist’s power (Peterson,
1992).
Protecting Boundaries
Dual Relationships
between the persons (the greater the incompatibility, the more potential risk), 2) the
discrepancy in responsibilities (the greater the discrepancy, the greater potential for
conflicts in loyalty and objectivity), and 3) the amount of power and status the
professional possesses (the more power and status, the more potential for harm).
The problem of dual relationships is complex, and there are often no simple
solutions, formulas, or pat answers obtainable from the codes of ethics. The
therapist’s level of self-awareness may be the most significant factor in finding the
appropriate solutions to these problems.
1978).
There are numerous consequences to this type of violation for the
professional as well, including: loss of professional credentials, loss of membership
in the professional organization, loss of employment, and court action, both civil
and criminal (Vasquez & Kitchener, 1988). Supervisors of trainees who engage in
these violations can also be held accountable (Austin, Moline & Williams, 1990,
cited in Herlihy & Corey, 1992).
client; the therapist believes that love can cure the client’s problems; and his or her
zeal to assist the client is translated into romantic energy.
Golden (in Schafer, 1990) identified three classifications of therapists who
exploit clients sexually: 1) those who are unaware of ethical mandates, 2) those who
are aware of mandates, but who are compelled towards receiving the romantic
benefits of dua! relationships, and 3) sociopaths who are aware of the mandates and
who deliberately violate them.
Schoener and Gonsiorek (1988) and Gonsiorek (1995) classify the
pathologies of therapist-perpetrators according to six categories. 1) Naive therapists,
who are uninformed about ethical standards and boundaries, and have problems
with discerning the nature of the professional relationship. 2) Neurotic therapists,
who are aware of ethical mandates, and who may involved in limited sexual
contacts with clients due to personal stress. They typically end these relationships
deliberately, show remorse for these actions, and actively seek help. 3) Severely
neurotic therapists, who have chronic and deep psychological issues, and may
experience depression, impaired self-concept, and isolation. Emotional boundaries
in their therapeutic relationships are incoherent and trespassed. They may
experience remorse for their behavior, but they do not have the capacity to end the
relationship, and may rationalize or deny their responsibilities. 4) Therapists with
character disorders and impulse control issues have chronic disturbances,
inadequate judgment, and may have experienced litigation initiated by clients. Often
they commit a number of offenses; they respond remorsefully when their behavior
is uncovered, but are not able to appreciate the serious consequences of their
actions. 5) Therapists with sociopathic or narcissistic character disorders are similar
to the previous category, but are more skillful in their behavior and more removed
emotionally. They are successful in manipulating others to avoid discovery. 6)
Therapists who are psychotic or borderline exhibit inadequate judgment and contact
with reality.7) Therapists who are classic sex offenders engage in repeated contact
with children and/or adults, In spite of rehabilitation, the context of therapy may
needlessly put their clients at risk, and they should not be allowed to continue to
practice. 8) Medically disabled therapists, who may sexually exploit clients because
of a medical problem. (There are two salient subcategories of these therapists: a)
therapists who are neurologically impaired and who may exhibit inappropriate
judgment and impulse control which may contribute to sexual exploitation. Because
of their age and status, their behaviors may not be questioned by colleagues and
may escalate in severity; and b) therapists with bipolar disorder who may be without
boundaries during a manic phase and engage in sex with clients).9) Finally,
therapists with masochistic or self-defeating behavior may outwardly appear to be
workaholics, however, they are incapable of setting boundaries with clients. Often,
they will exhibit other self-defeating behaviors, such as not being paid by clients,
and not taking appropriate care of themselves.
Finally, Pope and Bouhoustos (1986) present the ten most familiar scenarios
for therapist-patient sexual exploitation: 1) A patient-therapist role reversal exists,
and the needs of the therapist becomes paramount. 2) The therapist uses sexual
intimacy as a treatment for the client’s problems. 3) The therapist regards the
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extra, special treatment. 5) The therapist attempts to isolate the client from his or
her personal relationships for various reasons (e.g., jealousy, to create over-
dependency, to manipulate the client’s feelings, or to avoid potential discovery). 6).
The therapist isolates him or herself from colleagues and friends. 7) The therapist
imposes a bond of secrecy on the client concerning therapy. 8) The therapist
searches for blanket reassurances from other professionals. And/or 9) the therapist
is bored, sleepy or lacking concentration during sessions with the client (to avoid
his or her distressing feelings or impulses).
Dealing with Problems. Pope, et al. (1993) state: “...1n any and all
circumstances, the therapist must never engage in sexual intimacies with the patient,
and it is the therapist who always bears sole responsibility for ensuring that this
fundamental prohibition is never violated (p. 100). Sexual exploitation of clients is
never permitted under any circumstances. There is never any justification for this
behavior no matter how much mutual consent is present, how demanding the client
is, or how intense the therapist’s feelings may be. It is never the fault of the client.
With this unwavering mandate aside, it is necessary for therapists’ sexual
feelings to be adequately acknowledged and addressed. In doing this, it is important
to differentiate feelings from behavior: sexual contact with client’s can never occur,
but sexual feelings can be openly shared and resolved. Unfortunately, the few
therapists who have violated this mandate have rendered the discussion of sexual
feelings dangerous for those who would never transgress a sexual boundary.
Therapists can thus feel very alone, guilty, confused and frustrated by these feelings
(Pope, et al.,1993). As Coale (1998) states, “(t)he vast majority of us should be
made aware as part of our training and ongoing supervision and consultation that
we afe ail potentially vulnerable, in the right combination of circumstances, to act
out our own issues (either sexually or otherwise) in our.relationships with clients.
This means being totally free to own and discuss sexual and other feelings for and
fantasies about clients with colleagues, supervisors and teachers” (p. 91).
In acknowledging and exploring sexual feelings for clients, therapists may
learn a great deal about themselves, about the client and about the therapeutic
relationship. Failing to admit these feelings, on the other hand, will render any self-
exploration incomplete, and possibly jeopardize the client (Pope, et al., 1993).
It is important for therapists to also acknowledge and come to terms with
the inevitable frustration of their sexual feelings towards clients, as this can grow
and become dangerous if unaddressed. A big price is paid for acting ethically, and
the therapist cannot downplay the amount of fortitude needed to resist unethical
behavior, as this may lead to his or her yielding to temptation. In a similar manner,
when therapists are not at risk for acting out sexually with the client, the failure to
acknowledge these frustrations can lead the therapist to act out these reactions with
the client or significant others in his or her life. “Denial of or discounting the
feelings resulting from blocked attraction, desire or arousal can result in anger,
bitterness, hostility, or self-pity that the therapist may find surprising and difficult
to understand” (Pope, et al., 1993, p. 92).
The exploration of sexual feelings towards clients should be an important
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is there a reason not to consult with another concerning this plan? Is there a hidden
cause for this reluctance? Is the consultant chosen appropriate?
Legal Aspects. Therapists are among the professional groups who serve as
fiduciaries to their clients, i.e., persons in whom trust is placed. Because there is
power for the therapist inherent in this relationship, therapists must uphold higher
standards of practice and work only towards the best interests of those they help.
Sexual exploitation is a breach of the fiduciary responsibility, as many clients are
seriously harmed by this (Jorgenson, 1995).
Sexual contact between clients and therapists is forbidden by professional
associations. Moreover, therapists who sexually exploit have been judged liable for
damages courts of law. Therapists may be prosecuted on civil and/or criminal
charges.
Therapists may be accused of negligence/malpractice in these cases. Even
if the therapist claims that the sexual contact was consensual, courts have not
considered this a valid defense against these charges, as the proper standard of care
was breached. Reversal of therapist-client roles and other types of dual relationships
(business, social, etc.) may also constitute a breach of care in courts of law (Simon,
1991). .
Thus, dual relationships, especially with regard to sexual exploitation,
represents an area where ethical standards and the law converge. Besides violating
ethical standards, therapists can likely be prosecuted by law.
population with whom the music therapist works. In addition, the use of touch can
vary with the clinical music therapy technique used. Policies within facilities also
vary from strict “never touch” client policies to no policies at all.
Appropriate types of touch in music therapy mat or may not include the
following: the playing of instruments by client and therapist (where the therapist
prompts the client to play in a hand-over-hand method, for example), the Bonny
Method of Guided Imagery and Music (where touch is used to ground the patient
following a particularly intense session), or hugs at the end of sessions.
Touch between client and therapist may be contraindicated in psychiatric or
prison settings, but may be a necessary component of treatment in other settings,
such as in work with the physically disabled. The use of touch appears to be more
acceptable in work with children, the elderly, and some medical patients who rely
on touch to feel connections to others (Coale, 1998), but less than acceptable or
controversial in work with adolescents, adults, abuse victims, etc. Also, the use of
touch may be defined by the gender and culture of clients, for example, women
clients may have a propensity towards touching, and certain ethnic groups, such as
Mediterranean cultures, may use touch extensively in interpersonal relationships.
Other cultures may avoid its use.
Touch should never be used with clients who do not want to be touched and
who would feel invaded by it. It is also contraindicated for clients who could
misconstrue its purpose as sexual (Coale, 1998).
Touch should not be used by therapists who experience discomfort with it,
even when so requested by the client. A less than genuine response will occur
otherwise, and this is readily obvious to clients. “Rather than force a nongenuine
“ response, it is far better for the therapist to tell her client that his need is valid but
tnat she is unable or uncomfortable in responding to it in the way he has requested.
Out of this conversation, other ways of responding to the client’s need can then be
negotiated” (Coale, 1998, p. 93).
Also, the gender of the client and therapist as well as the context of therapy
are also relevant factors in the use of touch. Even though the use of touch may be
appropriate and needed by the client, and the therapist comfortable with its use, it
may be contraindicated for an adult client and therapist of different sexes. The
meaning of the touch could change (Coale, 1998). Touching may be more
appropriate in groups where it can be witnessed by others (Corey, et al., 1998).
When touching is used in therapy, clients should be informed beforehand,
and their reactions sought. Touching can sometimes produce opposite effects, such
as distracting clients from their current feelings. Therapists must assess their own
reasons for wanting to touch the client as well as the client’s readiness for this, the
client’s cultural background, the level of trust established, and the effect on the
client (Corey, et al., 1998).
Therapists must be free and comfortable in embarking upon the discussion
of touch with other colleagues without fear of judgment or recrimination. “It is in
openness, not secretiveness, that ethical thinking and behavior occur” (Coale, 1998,
p. 94).
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Accepting Gifts
Accepting gifts from clients can create the semblance of a dual relationship,
and thus this topic is considered in this chapter. As mentioned in Chapter 1,
accepting gifts from clients is an ethical problem that can only be solved by a
consideration of the circumstances in which it occurs (Steinman, et al., 1998). It is
difficult to generate hard and fast ethical rules that will apply to all circumstances.
There are indeed, however, specific factors to consider in making this decision.
The price/value of the gift is one factor to consider, but certainly not the
only one (Borys, 1988; Herlihy & Corey, 1992). Is there a magic price beyond
which a gift is considered too costly? (Stein, 1990). It would be difficult for a
therapist to arbitrarily make this determination. If price alone were the
consideration, then it would seem acceptable for therapists to accept handmade gifts
from clients or gifts of minimal monetary value. Even these types of gifts are not
without ethical consequences, and other factors need to be taken into account.
The nature of the gift to the music therapist is a second consideration (Stein,
1990). Is the gift a monetary one, or one that implies some monetary gain (such as
a stock tip), one that involves a service from the client (such as lawn-mowing), an
intangible gift (such as prayers), etc.? The type of gift must be considered in making
a decision concerning its acceptability. Remembering that the music therapist is
already compensated for his or her work with the client, and no additional
compensation is appropriate through gifts, however tempting the gift may seem and
however well deserved it may be by the therapist.
A third consideration is the intended beneficiary of the gift. Gifts can be for
the personal benefit of the therapist, for the benefit of other clients (such as musical
instruments or tickets to a concert), or for the benefit of the facility in which the
therapist works (a building improvement, a cash donation or memorial fund in a
client’s name). Again, the person(s) or institution who will benefit from the gift
needs to be assessed, with more or fewer ethical implications depending on the
circumstances.
A fourth factor and perhaps the most significant is the motivation of the
client. Gifts can be given for any number of reasons, e.g., in appreciation for work
done well, as a way to gain particulars favors from the music therapist (e.g., extra
sessions, special attention, and/or continuance of treatment when this is
contraindicated), or as an attempt to manipulate the therapist and/or treatment. All
of these motivations contain ethical issues, and the following are questions to
consider: Does accepting the gift have implications for the future client-therapist
relationship? Is the therapist compromised in making future decisions regarding the
client? Are the therapist’s ethics compromised in any way? Are false expectations
being created? Will the therapist feel obligated to pay back to the client in any way?
(Stein, 1990).
An honest and open discussion with the client concerning the implications
of accepting gifts and of the therapist’s reactions to doing so may be needed when
gifts are offered. Flatly refusing gifts, especially those offered as tokens of
appreciation can sometimes be hurtful to clients (Herlihy & Corey, 1992).
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reactions. Self-disclosure, when used, must be well-timed and relevant (Herlihy &
Corey, 1992).
The content of self-disclosure is another consideration. Sometimes, clients
may benefit from hearing the therapist’s reactions to them and their music, how he
or she is responding to the relationship with the client, etc. These may be
appropriate types of self-disclosure, 1) if the client is poised to receive this
information, 2) if the therapist shares these reactions thoughtfully and sensitively,
and 3) if they are relevant to the therapeutic process at the moment. Self-disclosure
is only a part of the process, and not a goal in and of itself (Herlihy & Corey, 1992).
Epstein (1994) classifies the content of self-disclosure as 1) indicated, 2)
risky, and 3) contraindicated. Indicated types of self-disclosure include details of
the therapist’s training, clinical orientation, and treatment methods. Also, self-
disclosure may be appropriately indicated in the discussion of the details that may
impinge upon the client’s decision regarding treatment or those that may be
necessary to clarify a client’s anxious distortions. Risky self-disclosures include
the discussion of items concerning the therapist’s personal life, especially when this
discussion is not for the immediate benefit of the client (e.g., to impress the client,
to gain his or her sympathy, etc.). Contraindicated disclosures involve those
concerning the therapist’s problems, issues, relationships, and conflicts.
The use of self-disclosure can easily violate boundaries. Role reversal can
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occur, and the client can be subtly (or not so subtly) drawn into the role of the
therapist and care-giver. Again, the therapist must be acutely self-aware of his or
her own needs, and not use the client to take care of these needs.
Another risk in the use of self-disclosure is that it can appear as advice-
giving by the therapist, who may use his or her own experience to tell the client how
he or she solved a particular issue. This obviously can threaten the client’s
autonomy, make the client very uncomfortable, and put unneeded pressure on the
client to conform to what was right for the therapist. It can never be assumed that
the solution to the therapist’s problems is the right one for the client.
Lastly, sometimes it is the client who asks the therapist to disclose personal
aspects of his or her life. In these situations, it is important for the therapist to
openly discuss with the client his or her motivations for asking this information.
The therapist always reserves the right to make the ultimate decision about these
disclosures after determining if this information is indeed helpful to the client, if it
is irrelevant, or if it can cause an unwelcome shift in the relationship.
cannot be easily equated with therapeutic services. When there is a difficulty with
the goods or services, e.g., if they are not satisfactory to the therapist, a financial
conflict is introduced into the therapy relationship, and the relationship can be
seriously disrupted (Peterson, 1996). The therapist may in fact expect better than
average services from the client (Pope & Vasquez, 1991). Conversely, when the
value of the goods or services is more than the value of the therapy services, the
client can easily be exploited.
Bartering can be particularly problematic when the therapist uses the client’s
services for personal matters, such as house painting, car repair, etc. In these
situations, there is also the possibility of the client having access to personal details
of and becoming involved in the therapist’s life, which can lead to a dual social
relationship.
Therapists may suggest alternatives to bartering arrangements for clients
who are unable to pay the usual fees for services. These can include the use of a
sliding scale for fees based on the client’s income, or as a last resort, referral to
another therapist (see Chapter 9).
Although bartering is considered an unethical or questionable practice at
best, therapists, because of the cultural context in which they work, may need to
consider the use of bartering as an option for payment. In doing so, they need to
consider the following: 1) the potential impairment of judgment or impact on the
therapist’s performance the bartering may create, 2) the determination of the value
of the goods or services clearly and openly with the client, 3) the amount of time
involved in the agreement, 4) documentation of what transpires, the value of the
goods or services, and a date on which the agreement will end (Hall, 1996).
Does the music therapy relationship end with the termination of treatment?
And what social, business, or sexual relationships with clients are possible after that
time? Clients or therapists can sometimes entertain the idea that because of the
closeness that has been established, they will remain part of each other’s lives once
therapy has ended. It is not unusual for clients and therapists to grow to appreciate
each other as human beings, and to want to continue involvement with each other
following therapy. In small communities, social contact both during and following
treatment is sometimes unavoidable (Herlihy & Corey, 1992).
Social relationships following therapy should be avoided. Progress made in
treatment may be threatened when a social relationship is added. In doing this, the
therapist closes off all possibilities for the re-establishment of a therapeutic
relationship in the future, should the client need intervention. And it may well be
that the client needs a therapist more than another friend.
As Herlihy and Corey (1992) state,““(O)nce someone has terminated his or
her ...relationship with us, our contract to help them ends. No one would suggest
that because we have once seen a person in therapy we have a lifelong obligation
to help them. But it is equally implausible to suggest that just because our contract
has ended we ought willfully to engage in activities that will undo the benefits that
141
Cohen and Cohen (1999) offer several criteria for assessing the potential
problems of dual relationships: 1) the potential loss of the client’s and/or therapist’s
autonomy and judgment; 2) the adverse effects of the relationship, and 3) the
possible misuse of confidential information. In addition, Herlihy and Corey (1992)
offer a model for decision-making regarding the ethics of dual relationship. When
dual relationships are unavoidable, informed consent should be secured from the
client, consultation should be sought, details of the relationship should be
documented and self-monitored, and supervision should be undertaken. When dual
relationships are avoidable, their risks and benefits should be assessed. If the risks
outweigh the benefits, the relationship should be avoided. If the benefits outweigh
the risks, the aforementioned steps (informed consent, etc.) should be utilized.
Collins (1989) makes specific recommendations for dealing with dual
relationships as follows: 1) if the therapist must rely upon institutional policy to
dissuade dual relationships with clients, then his or her countertransferences should
be subject to review; 2) the use of self-disclosure and the sharing of the therapist’s
142
experiences, when needed and appropriate, should be drawn from past rather than
present issues; 3) new developments in the therapeutic relationship that the therapist
would like to keep secret are cause for alarm and should be subject to supervision;
4) the information one gains from a therapeutic relationship cannot be erased in any
future relationship with the client; and 5) job satisfaction and gratification should
be derived in large part from the self and from colleagues. Relying solely on
patients for this can cause problems.
Epstein (1994) also suggests that four basic principles be provided to
patients at the beginning of treatment:
1. Your mind and body belong to you. No one (not even I, your therapist)
is allowed to take liberties in this regard. 2. The sole purpose of this
treatment is to foster your health. Its purpose is not my gratification. 3.
There is an enormous difference between feelings and actions. It is possible
to have strong desires and not act on them. There are other ways of handling
such feelings without being swept away by them. 4. Our relationship is
solely for your treatment, and regardless of any emotions either of us might
experience, it must never lead to a direct life involvement like that between
friends, acquaintances, relatives or romantic partners (p. 206).
Chapter Summary
1. Boundaries help in defining the self as separate from others. Individuals with a
poor sense of boundaries have difficulties in relationships with others and are often
unable to discern their own thoughts, feelings and needs.
3. Boundary crossings refer to deviations from normal therapeutic practice and may
lead to boundary violations, behaviors and practices which detract from the purpose
of therapy. Boundaries define how the therapist’s power is used within the
relationship. When boundaries are overly-expanded or overly-constricted, the client
is in danger of exploitation, and a reversal of client-therapist roles is likely. Both
external limits and internal boundaries can contribute to a safe environment for the
client.
4, Dual relationships involve the establishment of a second role with the client,
either personal or professional, at the same time or sequentially. Dual relationships
imply risks for the therapist, client, public, and profession.
5. Opportunities for creating social relationships with clients abound and are often
143
related to the theoretical orientation of the therapist, the client population served,
the clinical setting and the type of community in which music therapists live. Dual
social relationships have the potential to change the nature of the therapeutic
relationship.
7. The use of touch in therapy is often both determined and limited by: the type and
age of the client, gender, culture, and need, as well as the therapist’s comfort with
touching and his or her motivation and self-awareness. Touch can be a first step
towards inappropriate sexual activity, and its intent can be misinterpreted by clients.
Touch is a particularly powerful and healing intervention, however, precaution must
be exercised in its use.
9. S2lf-disclosure by the therapist should be used cautiously and always with the
’ client’s (not the therapist’s) needs in mind. The timing, content and motivation of
the self-disclosure are important considerations.
10. Therapists who provide treatment in their homes must be careful to avoid the
creation of dual relationships.
11. Bartering clients’ goods or services in exchange for therapy presents several
ethical and financial problems, and should be avoided whenever possible.
12. Dual relationships (social, business and sexual) with former clients should be
avoided as they are potentially harmful to the client for a number of reasons.
Therapists can use procedures to actively avoid dual relationships, and to assess
their risks if they are unavoidable.
Ethical Dilemmas
2. Bruce, a music therapist working in a community mental health center has a very
good relationship with Michael, an adult male client suffering from depression.
Michael requests that Bruce visit his home occasionally, not only for social reasons,
but also for “minimal” therapy.
4, Julia works as a music therapist with substance abuse clients. Frank, one of her
clients is quite persistent in asking her questions about her personal life, marital
status, previous boyfriends, salary, etc.
6. Paul works as a music therapist in a medical setting. Mindy, one of Paul’s former
girlfriends with whom he has had a sexual relationship becomes a patient on the
unit where Paul works.
7, Lauren works in an extended care facility. One of her clients is Ruth, a woman
-who is in deteriorating physical and mental health. Lauren has established a very
close, empathic relationship with Ruth. Ruth asks Lauren to assume the duties of
her power of attorney and manage her financial assets. Ruth trusts none of her
family members to do this.
9. Cecilia, a psychiatric music therapist, and Roland, her husband, are enjoying
dinner at a nice restaurant. Cecilia notices Bert, one of her former clients, having
dinner alone at the restaurant. Bert comes to their table, sits down, and proceeds
to tell Cecilia the details of his life since his discharge from the psychiatric hospital.
10. Jason works in private practice in a small midwestern community, and is the
only music therapist for miles around. Rev. Masterson, the minister at Jason’s
church, makes an appointment with Jason to deal with his issues of stress and
depression.
11. Jason, from the situation above, needs a new lawn mower. Randall, one of his
clients owns a hardware store, and Randall’s store is the only place in town to buy
a lawnmower. Jason is considering going to the next big town (40 miles away) to
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12. Jason, from the situation above, is married and has an 11 year old daughter,
Nancy. Nancy comes home from school one day with her new friend, Jessica.
Nancy asks Jason ifJessica can stay for dinner, and Jason agrees. Jessica’s mother
comes to the door after dinner to pick up Jessica, and Jason realizes that she is one
of his new clients.
13. Penny, a music therapist working at a psychiatric facility in a small town has
been working with Wally, a client with substance abuse and psychiatric problems.
She has met Wally’s wife, Monica, who visits him regularly, although she travels
a substantial distance to do so. As the time grows closer for Wally to be discharged,
Monica tells Penny that she has just purchased a home closer to the hospital, so
that Wally can attend A.A. meetings and also continue his treatment on an
outpatient basis. As Monica continues to tell Penny about her new house, Penny has
the awkward realization that Monica has purchased the house right next door to
her.
14. Arthur, a music therapist at a facility for the developmentally disabled, receives
a hand-made Christmas gift from one of his young clients, Suzie.
15. Roger, a music therapist working in a school for autistic children, has made
considerable progress with Darrell, which has far exceeded all of his family’s
expectation. Darrell’s family is extremely appreciative for Roger’s work, and
present him with a substantial check. In addition, because they own a car
dealership in the community, they offer Roger the opportunity to purchase a car at
any time at their cost. Roger, is a struggling music therapist, and desperately needs
a new car.
16. Jolene, a music therapist, works with Melissa, a young woman who has
experienced abuse and rejection from her schizophrenic mother. Melissa buys
Jolene a beautiful silver necklace for Christmas, with a note that reads: “I hope you
will accept and enjoy this gift and think of me when you wear it. Iknow you won't
refuse and dislike my gifts like my mother always did.”
18. Gay is a music therapist working at an extended care facility. One of her clients,
Bertrand, has Huntington’s Chorea, and frequently elopes from the facility. Bert is
a large man, and often puts up a struggle with staff. On this particular day, Bert has
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again eloped. He refuses to return to the facility unless Gay drives him back in her
own car. The staff knows that Bert means what he says, and Bert is only a few
blocks away from the facility.
19. Marilyn, a music therapist in private GIM practice is working with Sam. She
begins the GIM induction, and instructs Sam to tense and relax various muscle
groups. As she instructs Sam to focus on the muscles of his hips and buttocks, she
notices that he has become sexually aroused.
20. Tony, a music therapist working at a facility for children, has Jerome on his lap,
and they are playing the drum together. Jerome loves to play instruments, and
reaches for one after the other. As Jerome moves around on his lap, Tony notices
that he is becoming sexually aroused.
21. Davis works as a music therapist in an acute psychiatric setting, and Madge is
one of his new clients who suffers from depression and suicidal ideation. During a
music therapy improvisation session, Madge tells Davis that she had a sexual
relationship with her former music therapist.
22. Joe, a music therapist in private practice, enters the waiting room to meet his
new client, Cheryl. Joe stops dead in his tracks when he sees her. She is a dead
ringer for Heather Locklear, the woman of his fantasies. As he begins to interview
Cheryl, his mind races, and he cannot stop thinking about how it would be to go out
with her, have a relationship with her, etc. etc. He is trying to think of a way to stop
- this therapeutic relationship before it begins. He knows he cannot see her socially
or be involved with her romantically ifhe agrees to be her therapist.
N.B. The author apologizes profusely for this obvious self-indulgence.
23. Ted, a music therapist, and his girlfriend, Patty are enjoying a particularly
romantic evening sitting on a blanket on the beach, drinking Pina Coladas, and
watching the sun set. Tonight is the night that Ted intends to ask Patty to marry him.
As he leans over to take the ring out of his pocket, he begins to speak.
Unfortunately, the name “Patty” does not come out of his mouth. Rather, he says,
“Maureen,” the name of one of his clients.
24. Frank, a music therapist working at a facility for substance abuse, has weekly
group music therapy sessions. At the end of the sessions, which are often quite
intense, he encourages his clients to go around the room and hug each other, as a
gesture of support. He gives each client a hug as well. Verna, a new client, gives
Frank along hug and doesn't quite let go. At the next group session, Verna sits next
to Frank, in the circle, and makes suggestive remarks.
Do you think music therapists should engage in these behaviors, and how might
they influence the therapy process?
2. Discuss with your peers the client populations for whom touch might be an
important aspect of therapy, and for whom it might present risks.
3. In your course journal, reflect upon your own needs for touching as a therapist,
and your comfort or discomfort in touching clients.
5. In your course journal, reflect upon your boundaries as a therapist. What issues
can you identify that might be helpful or problematic to you in the future? Explore
how you might work through potential problems.
6. Pick a topic from this chapter that is of particular interest to you. Do a literature
search and write a short paper summarizing your findings.
MULTICULTURAL AND
GENDER PERSPECTIVES
e
Ftice can be defined in many ways. Broadly speaking, culture refers to
those beliefs, actions and behaviors associated with: sex, age, location of residence,
educational, status, socioeconomic status, history, formal and informal affiliations,
nationality, ethnic group, language, race, religion, disability, illness, developmental
handicaps, lifestyle, and sexual orientation (Cohen & Cohen, 1999; Corey, et al.,
1998; Ivey, Ivey, & Simek-Morgan, 1993; Pedersen, 1994). Culture ultimately
represents the many ways that people adjust to their environments (Das, 1995) as
influenced by these variables. Cultural influences are both obvious and subtle.
When culture is defined broadly as above, then it can be assumed that
cultural issues are present with a// client in all settings. Moreover, the unique
interplay of these variables within each client, makes his or her relationship to the
environment unique and in need of special consideration. Thus, a// clients bring to
music therapy a blend of cultural factors, and can be considered multicultural.
Further, a// music therapy work can be considered multicultural. The term,
“multicultural,” as used in this chapter refers to the blend of cultural factors within
an individual that influences his or her relationship with and adjustment to the
environment. Multicultural issues become significant when the individual must
relate or adjust to an environment in which his or her cultural issues are not shared,
acknowledged, or understood by others.
It is important to understand that the client’s unique blend ofcultural issues
influences all aspects of music therapy treatment. How the client (and family)
conceptualizes both his or her problem as well as treatment is an essential
consideration in the therapy process.
In addition, the music therapist 1s influenced by his or her own blend of
cultural issues with regard to music therapy treatment. An important ethical
implication, thus, is the therapist’s self-awareness of these issues when working
with all types of clients.
Problems arise when the music therapist works with clients whose cultural
variables are significantly different than his or her own. Special skills in
understanding, in accepting, and in working with these clients are needed. A
therapist’s self-awareness is needed to understand how his or her own cultural
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issues (i.e., being culture bound) may possible inhibit client understanding and
acceptance. Special awareness of the potential for ethnocentrism, the propensity for
viewing others according to one’s own values, is essential. Ethnocentric therapists,
when approaching conflicts in cultural values, generally assume that their values are
the better or correct values.
Multicultural work implies issues of meaning for both clients and therapists.
In order for music therapy to be effective, therapists must understand and accept the
individual meaning of both the client’s problems and of therapy to him or her. The
implications of these meanings are broad and impact upon all interactions between
the client and therapist, as well as all music therapy approaches and techniques
used.
However broadly or narrowly the reader chooses to define culture, it is
essential to realize that even though it is possible to learn and understand both
general and specific cultural characteristics, each person within a culture remains
to be discovered and understood as an individual, with a unique blend of these
variables. Furthermore, it is not enough to understand clients’ multicultural issues
from “our” perspectives, but according to “their” realities and ways of knowing
(Ballou, 1990).
Obviously, when all music therapy treatment is conceptualized as
multicultural work, there are numerous treatment issues involved which are above
and beyond the scope of this chapter (which is by necessity focused on ethical
issues). However, the issues of clients’ needs and therapists’ competence in working
multiculturally are indeed primary ethical issues. A number of these topics will be
discussed as a starting point for ethical thinking. In addition, some concrete
information regarding clients’ needs and therapist competence in this area is
presented according to obvious cultural variables, specifically ethnic, race,
language, and nationality issues. A// potential cultural issues (as defined above),
both obvious and subtle, are not addressed herein. However, a sensitivity to,
awareness of and acceptance of these many client and therapist issues is
emphasized.
Need
Clients receiving music therapy in the United States can most often be
described as “multicultural.” Even with the exclusion of nationality, racial, and
ethnic cultures (and these are indeed ubiquitous), cultures created by age, gender,
disability and socioeconomic factors, to mention a few, create the need for music
therapists to develop an awareness and understanding of their clients’ special needs
and vulnerabilities. When nationality, racial, language, ethnic and other cultural
factors are superimposed as considerations, the need for client understanding and
awareness becomes even more acute.
Multiculturalism is a reality in working as a music therapist in the United
States, and can be more or less so for music therapists working in other countries.
Multicultural issues are present for music therapists working in relatively
homogeneous, small communities (where more subtle cultural issues may come into
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play), as well as in large urban areas with diverse populations (where more obvious
cultural issues may be involved).
Things are moving quickly and evolving in our societies, as demographics
continue to change. It is anticipated in both the short and long term that there will
be shifts in the composition of minority cultures, with Hispanics, Asians, and others
comprising the largest numbers in these categories. The implications for music
therapists and for music therapy treatment are enormous.
minority clients are often ineffective. These authors found that one-half of minority
clients leave treatment after the first session. They also found negative stereotypes
of minority cultures common among therapists.
There may be other reasons for the ineffectiveness of therapy for
multicultural clients. Besides the most basic fact that the underlying theoretical
models used in treatment may often be irrelevant or contrary to cultural assumptions
regarding health and illness, these models may emphasize goals or forms of
treatment that are contradictory to established cultural behaviors. In addition, there
are various conceptualizations of psychological problems attributable to culture. A
number of cultural groups view emotional problems as physical in nature and
believe that these problems can be overcome by will and positive thinking.
Therapists may also be unaware of their biases towards, lack of sensitivity
to and stereotypes of multicultural groups with whom they work. Often
multicultural clients have experienced some type of discrimination or oppression
from the mainstream society, and these issues are brought to the therapy situation.
When the therapist further reinforces these issues with clients and is not sensitive
to the power inherent in his or her role, it is impossible for trusting relationships to
develop, as the therapist represents for them more of the same problem and not the
solution.
It is also difficult for trust to develop when the therapist is unable to
understand and appreciate the client’s unique values and worldview. Some of these
values directly relate to attitudes towards therapy. For example, clients of some
cultures (e.g., Hispanic) rely on themselves and family members to solve
difficulties. Therapy may be the last rather than the first option. The role of the
therapist also varies according to cultural expectations. For some Asian cultures, the
therapist is expected to be an advising “expert,” whereas in work with women, the
therapist may more adequately function in a partnership role.
It is difficult to establish ethical standards that are relevant and appropriate
to multicultural therapy (Glass, 1998). As Pedersen and Marsella (1982) so
accurately state, “A serious moral vacuum exists in the delivery of cross-cultural
counseling and therapy services because the values of a dominant culture have been
imposed on the culturally different consumer. Cultural differences complicate the
definition of guidelines even for the conscientious and well-intentioned counselor
and therapist (p. 498).”
The problem is not solved by referring the client to another music therapist,
one whose cultural background is more consistent with the client’s culture. As this
is rarely possible in many music therapy situations, it is not a realistic option. Nor
is the problem solved by warning the therapist against being prejudiced, as this
implies that the therapist will be adequately self-aware to detect all possible and
subtle demonstrations of prejudice. “Furthermore, it ignores the reality that the
ethics code itself, in the process of defining what constitutes correct, appropriate,
and ethical behavior, reflects normative values characteristic of the dominant
culture” (Glass, 1998, p. 119).
The ethical implications of working with multicultural clients are clear and
involve two primary issues. The first concerns the protection of clients’ rights.
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Clients of various cultures are often more vulnerable and have been oppressed (and
this oppression may often bring them to therapy). They require special protection
because of this vulnerability. Failure to address diversity issues is an infringement
upon clients’ rights and autonomy. Power issues in treatment need to be carefully
monitored.
The second involves the competence of the therapist. Working with
multicultural clients requires increased self-awareness concerning potential biases,
as well as multicultural awareness. Therapists must also have a clear recognition of
the limitations of their skills, and actively pursue additional education and training
to achieve competence (Bass, 1996). Both of these factors relate to the
establishment of effective therapeutic relationships which is the overriding ethical
principle involved.
The music therapy profession is gradually realizing the importance and
significance of addressing the issues involved in work with multicultural clients,
and the music therapy literature reflects a growing interest in multicultural issues
and in multicultural training. Troppozada (1995) surveyed 500 music therapists to
examine their opinions on the need for multicultural training in music therapy.
Results revealed that the vast majority of music therapists take the client’s culture
into account when selecting music for use in therapy, and 78.2% indicate the need
for multicultural training. Similarly, Darrow & Molloy (1998) examined clinical
practices, educational curricula and the music therapy literature in an attempt to
identify the current status of their concern with multicultural issues. The authors
found that multicultural education is generally provided to students through general
education courses and electives. Many respondents felt that their educational
background was not sufficient in this area, and they (75%) had acquired their
knowledge through their own experience. The authors also found that greater
attention is being given to multicultural issues at music therapy conferences.
Moreno (1988) has continually emphasized the need for multicultural
training within the music therapy curriculum. Bradt (1997) has described some of
the ethical issues in multicultural music therapy, and Flores (1966), Hanks (1992),
Henderson (1991), Moreno (1966), have all studied multicultural influences on
music therapy practice.
The Standards of Practice of the National Association for Music Therapy,
Inc. (1988) state that “All music therapy assessment methods shall be appropriate
for the client’s chronological age, functioning level, and cultural background” (p.
9). NAMT defines culture as involving those factors related to the “client’s
geographical origin, language, religion, and family experience” (p.14).
The Essential Competencies for the Practice of Music Therapy of the
American Association for Music Therapy (Bruscia, Hesser & Boxill, 1981) require
“Understanding of the elemental, structural and stylistic characteristics of classical
and popular music from various periods and cultures” (p. 4). The Advanced
Competencies of the American Association for Music Therapy further require “In-
depth understanding of different musical cultures and sub-cultures, and their
implications for music therapy” (Bruscia, 1986, p. 63). In addition, the Professional
Competencies of the National Association for Music Therapy (1996) require that
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Skills
Several authors in fields related to music therapy have provided lists of the
specific knowledge and skills required to work with multicultural clients. These
competencies are also relevant to music therapists.
According to the American Psychological Association (APA,1993b),
therapists involved in multicultural therapy need: 1) an awareness of cultural
diversity; 2) an understanding of the part that culture (in its broadest sense) plays
in the psychological and economic development of these individuals; 3) an
awareness of the relationship between socioeconomic and political factors and
psychosocial development in various cultures; 4) an understanding of the need for
clients to be aware of, maintain, and come to terms with their culture identities; and
5) an understanding of the interconnection between culture, gender, sexual lifestyle
and individual’s needs and actions (cited in Bass, 1996). These guidelines also
recommend therapists’ self-awareness to ascertain the role of their own cultural
backgrounds, biases, etc., in the ways they approach clients. Therapists are thus
asked to continuously question whether their approaches are congruent with the
ways they treat clients from cultures similar to their own. The guidelines also stress
the need to acknowledge the roles of the client’s family, community, values and
beliefs as these relate to culture.
Sue, Arredondo, and McDavis (1992) contend that therapists with
multicultural competence should demonstrate the following: 1) a sensitivity to the
culture of clients and its impact on their lives; 2) a comfort in working with people
from diverse cultures and a respect for their differences; 3) an awareness of their
own biases which originate within their own culture and the impact of these on their
work; 4) a knowledge of the cultural and familial structures of their clients and the
barriers they encounter; 5) the willingness to seek consultation when needed; 6)
knowledge of the research; and 7) good verbal and nonverbal communication skills.
Further, Sue and Sue (1990) recommend the development of therapeutic approaches
that can accommodate the needs of culturally diverse clients.
Corey, et al., 1998 stress that therapists must refrain from using their own
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cultural beliefs as reference points for culturally diverse clients. Within cultures as
well, therapists must be sensitive to imposing their own experiences on others.
Herr (1991) challenges therapists to come to terms with some of following
issues: 1) the integration of Western and Eastern approaches to treatment; 2) ways
to become familiar with various worldviews; 3) methods to assist multicultural
clients in learning about mainstream cultural norms without substituting these for
their own; 4) ways to help majority clients deal with their cultural biases and racist
issues and learn more about minorities; 5) ways to assist minority therapists in
becoming aware of their own prejudices; and 5) methods to promote effective
multicultural treatment when client and therapist are from divergent cultures.
Sue (1996) states that becoming multiculturally competent is a long-term
endeavor requiring continuing training. Realizing that it is impossible to acquire an
in-depth knowledge of all cultures, it is very important for the therapist to be aware
of the limitations in his or her knowledge and skills, addressing these through
referral, consultation and additional education.
In addition to all of these recommendations, music therapists must also
cultivate an awareness of, sensitivity to and acceptance of the diverse musical styles
and idioms clients bring to therapy. As connections to the client are often first made
through his or her own music, it is expected that with multicultural clients, this will
also be the case. However different, unappealing or foreign this music may appear
to the music therapist, he or she must realize that the openness to entering into the
client’s musical expression will serve to establish the initial components of a
trusting relationship. Understanding the personal and unique meaning of the music
for each client is an additional necessity.
To accomplish this, the music therapist must: 1) develop an intellectual
understanding and knowledge of music from various cultures; 2) understand the
context of music within various cultures; 3) understand the musical healing
traditions of diverse cultures; 4) acquire experiential learning of various musical
traditions; and 5) acquire sufficient musical skill to be able to participate in and
structure these musical experiences for clients.
his or her own needs. To accomplish goals, the individual may need to exercise
assertiveness and compete with others; conflict is an anticipated part of this process.
The individual strives for freedom and participates as an individual democratically.
He or she need not conform to others’ wishes if these are in conflict with his or her
own needs to self-actualize. The energy and power of youth is valued (Corey, et al.,
1998; Ho, 1985).
On the other hand, collectivistic values emphasize the primacy of the group,
relationships within the group and the interdependence of all within the group.
Group members’ first responsibilities are to the group and the group’s needs.
Working together in harmony and cooperation is needed to achieve group
actualization and security for its members. Compliance, conformity, cooperation
and uniformity are essential components of the group process. Deference to
authority, especially to figures who are older and wiser, is required (Corey, et al.,
1998; Ho, 1985).
It is strongly noted that the intention of this classification is not to perpetuate
stereotypes among various cultural groups. Rather, it is meant to expose some of the
concrete differences in values, thinking and beliefs that may exist among certain
cultures. It is strongly emphasized again that each person within a culture is an
individual with a blend of many cultural factors, and must always be approached as
such rather than through any artificial or over-generalized “category” system. It is
also stressed that the designations of “Asian,” “Hispanic,” etc. are indeed overly
broad, as these are not homogeneous cultures. Rather they are comprised of
heterogeneous groups, each having a unique language, history and culture (Leong,
1992) (e.g., Chinese, Vietnamese, Japanese, Korean, etc.; and Spanish, Argentinian,
Mexican, Cuban, etc.).
Information for this classification is taken from a variety of authors:
Attneave, 1985; Brammer, 1985; Corey, et al., 1998; Devore, 1985; Henkin, 1985;
Ho, 1985; Itai & McRae, 1994; Ivey, 1988; Ivey, et al., 1993; Ridley, 1984; Sue &
Sue, 1985; Sue & Sue, 1990; Sue & Sue, 1991. Characteristics of individualistic and
collectivistic worldviews and examples of cultural groups to which these
characteristics may apply are presented in Table A.
TABLE A
Relationships with
Family
Career Orientation
Academic Achievement Chinese
Career development Chinese
Emotional Communication
Issues in Therapy
ee
Communication Issues
Identity Development
an important consideration for both clients and for the music therapists who work
with them. Models which illuminate the developmental stages of the acquisition of
identity in persons who represent minority cultures add to this awareness.
One model of identity development (i.e., for African-Americans) is briefly
presented in this section as an example of the ways that cultural awareness grows
and develops. This development is described according to five stages, with a brief
description of how the stages are manifested in therapy. This theoretical model was
developed by Jackson (1975) and Jackson & Hardiman (1983) (cited in Ivey, et al.,
1993). Components of this model may also be relevant to identity development in
other cultures.
Stage 1) Naivete. The black individual is unaware of his color asa
distinguishing feature, as is common in children.
Stage 2) Acceptance. The individual is defined by the “other” as being “‘non-
white.” Identity is formed as a reaction against being white rather than as an
embracing of being black. The individual is cooperative and subservient to his or
her white therapist. Acceptance can be passive or active in nature.
Stage 3) Resistance and Naming. The individual experiences an important
transformation and acknowledges and names his African-American identity as such.
He or she faces the implications of being black in a white society, and may turn
away from white culture as he or she reflects on African American history. Anger
may be experienced, and the individual may prefer to work with an African-
American therapist.
Stage 4) Redefinition and Reflection. Awareness of the meaning of being
an African-American continues to evolve, and a secure African-American
consciousness is established.
Stage 5) Multiperspective Internalization. The African-American person
emerges with pride in him or herself and also a respect for and awareness of others.
Both positive and negative aspects of the predominant culture are assessed; the
individual is prepared to oppose aspects contributing to African-American
oppression. The individual is able to utilize a multitude of perspectives in looking
at and interpreting his or her world.
Jackson (1975) and Jackson & Hardiman (1983) contend that this model
provides two essential principles for working with African-American clients in
therapy. The first principle involves the need to ascertain the client’s worldview and
offer a treatment approach consistent with this. The second principle involves
gaining an understanding of the development of the client’s evolution as related to
those around him or her and society at large. When societal oppression is a reality
for the client, he or she may fluctuate among denial, acceptance and action,
depending on which most readily facilitates survival and well-being.
The authors also stress that this model is relevant to specific developmental
tasks, and the individual may return to earlier stages of development as new tasks
emerge.
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Models of Treatment
gender issues,
Additional Recommendations
both the therapist and client bring their respective values into the therapy setting.
With multicultural clients, these values may be more or less difficult for the
therapist to understand and accept. It is important that music therapists come to
terms with this reality. It is only then that the therapist and client can create together
a value system for their work.
Ivey, et al. (1993) emphasize the need for a “dialectic coconstructivist
approach” (p. 129) between client and therapist which acknowledges the reality of
the influence they exert on each other. This approach has four basic premises. 1)
The client and therapist have separate and unique cultural backgrounds that
influence their perceptions and their respective “meanings” in therapy. 2) In
therapy, client and therapist influence each other and learn from the other; they
construct together their reality. 3) Therapist and client are influenced as well by
their links to their cultures. 4) Both client and therapist are not only bearers of
culture, but have the capacity to change and co-create culture within their
environment, and are in essence “a multiplicity of One” (p. 129).
Cohen and Cohen (1999) provide recommendations for the virtuous
therapist working in multicultural therapy. According to these authors, virtuous
therapists have unconditional positive regard and respect for clients of all cultures
and remain neutral so that the clients’ expression of values (even if very different
from those of the therapist) enhances his or her self-determination and autonomy.
Although the concept of autonomy may belong to the individualistic value system,
it is used here to refer to a therapeutic context in which the client can determine
independently the cultural aspects and values that he or she wishes to uphold, even
if they are indeed collectivist values.
These authors also provide six specific recommendations for multicultural
work: 1) Therapists should be vigilant to avoid creating a divisive situation between
varying cultural or religious beliefs of parents and children. 2) Children need
protection by the therapist when parental cultural views threaten their welfare. 3)
Clients’ levels of acculturation and assimilation need to be assessed. 4) Therapists
can provide support to client’s ethical decisions by exposing them to various ethical
perspectives. 5) Therapists should be cognizant of discriminatory practices that may
impact on clients, and work to minimize these effects. 6) Therapists must be aware
of the different definitions of family among cultures and the individuals included
in these definitions.
Finally, Henrie (1993) also offers a number of specific suggestions for
therapists involved in multicultural group work: 1). Therapists need to be informed
about various cultures but need not be experts on all cultures. It is more important
for them to express openness in learning about cultures from their clients.2) Goals
for group work should be articulated according to cultural needs. 3) Clients should
be informed as to ways to use the group most effectively. 4) More structure and
therapist involvement within the group is preferred to less structure and ambiguity.
5) The clients’ perceptions of the authority and power of the group leader are
significant. Too much authority can contribute to mistrust and further oppression;
lack of authority may be insufficient for clients expecting hierarchical relationships.
6) The therapist should stress and model group standards of respect. 7) The therapist
166
should emphasize members’ cultural strengths and assets, rather than liabilities and
weaknesses. 8) At the beginning of group work, the therapist should focus
specifically and intentionally on cultural issues (rather than waiting for this to
emerge from the group), and encourage discussion of issues concerning similarities,
differences, expectations, biases, prejudices, and communication characteristics
among clients and therapist. 9) The therapist should emphasize interpersonal as
opposed to psychodynamic interpretations of therapeutic work. 10) If possible, a
therapist from a culture similar to that of the group should co-lead. 11) Activity-
oriented experiences, rather than verbal therapy should be used with clients who
have low levels of acculturation.12) Clients who have been oppressed should be
encouraged to share these experiences with the group as a way of establishing group
cohesion and trust. 13). The therapist should not overgeneralize or stereotype
clients, but ascertain what is true for each client as a unique person.
Even after all of these recommendations have been provided, the reader may
still wonder if it is indeed possible for therapists of one culture to work with clients
of another! This is a valid question that needs to be addressed. Therapists who have
serious misgivings about their abilities, who are overly self-conscious and
analytical, who are fearful of acknowledging the differences present, who regard
these differences as problems, or who are basically uncomfortable, may not be able
to work successfully with multicultural groups (Corey, et al., 1998).
These authors further state that therapists can learn how to work effectively
in this area if certain conditions occur. 1) Therapists must receive specific training.
2) A working relationship needs to be developed between client and therapist, 3)
The therapist must be flexible in applying theories and techniques to appropriate
treatment goals. 4) The therapist should be able to be tested and challenged and to
experience clients’ mistrust without reacting defensively. 5) The therapist must be
self-aware of values, prejudices and biases (Corey, et al. 1998).
Chapter Summary
8. Therapists can learn how to work effectively with multicultural clients if certain
conditions are met: 1) Therapists must receive specific training. 2) A working
relationship needs to be developed between client and therapist, 3) The therapist
must be flexible in applying theories and techniques to appropriate treatment goals.
4) The therapist should be able to be tested and challenged and to experience
clients’ mistrust without reacting defensively. 5) The therapist must be self-aware
of values, prejudices and biases (Corey, et al. 1998).
Ethical Dilemmas
3. Dr. Matthews (from the situation above) feels that one of her Asian students,
Hiroshi, is not suited for the music therapy profession. Hiroshi is very distant from
his clients, is doing poorly in his classes, and lacks interest in and motivation for
the clients he sees in fieldwork. Dr. Matthews suggests to Hiroshi that he might be
happier in music performance study, because of his considerable piano talent, and
that he might consider changing majors. Hiroshi tells Dr. Matthews that his family
has decided he should be a music therapist, has sent him to America to study, and
to change majors would represent a disgrace for them. Dr. Matthews emphasizes
with Hiroshi that it is his life and his career, and that he should pursue goals that
are consistent with what he wants to do, no matter what his family has decided.
4. Crystal works as a music therapist with women who are victims of marital abuse.
In Crystal's culture, women are seen as subservient to men, are married for life, no
matter what the circumstances, and must always put the needs of their husbands
and children before their own. In discussions following music improvisation
experiences, her clients offer each other support to become independent from their
abusive husbands and to start their lives over. When this discussion occurs, Crystal
immediately cuts it off, and reminds them that their husbands are expecting them
to return.
5. Ramon is a music therapist who works in a facility with clients who are
experiencing depression. In response to a lyric discussion activity, the clients talk
about their life circumstances and the problems and difficulties that have
contributed to their depression. Ramon often uses his own experience of cultural
oppression to reassure the clients that things could be a lot worse for them, and that
he has survived his own oppression, and they, who are experiencing less severe
problems than he has, will do just fine.
6. Marlene works as a music therapist conducting groups for clients who have
bipolar disorders. Sook-Li is one ofher clients, who rarely contributes to the groups
and who appears to be embarrassed when group members display emotion.
Marlene knows very little about Sook-Li because she is so quiet. Marlene is quite
frustrated with her “resistance.” Marlene badgers her with questions and tries to
involve her in the group. On day, Marlene, out of feelings and frustration, tells
Sook-Li, “Why can’t you just talk about what you are feeling? Everyone else does,
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and they distrust you because you are so private. They feel you are better than they
ore,”
7. Mark is a music therapist who has been working in an inner city psychiatric
hospital for 2 months. He routinely sees clients of many diverse cultures. His
supervisor has suggested that Mark take some graduate courses in multicultural
approaches to therapy and music therapy, but Mark insists that “clients are all the
same, no matter what their problems may be. The most important thing you have to
do is listen.”
1. Identify the influence of your own cultural heritage on your attitudes, values and
beliefs in the following self-assessment exercise (adapted from Ivey et al, 1993).
B. Review this information and make note of what you consider to be the core
cultural influences in your life. Do you classify yourself as monocultural, bicultural
or multicultural?
D. Make note of any conflicts in the messages you have received from your various
cultures. Identify whether these messages are indicative of an individualistic or
collectivistic value structure (or combination of both, or other value system).
E. As you go though this self-assessment, you should be aware of how you may
have internalized the messages, have synthesized them (conflicting messages), or
have abandoned them altogether. If you are aware of specific messages, you may
have already departed from them. If you are unaware, these messages may be very
deeply ingrained in you, and may require further exploration.
Conflicts:
Synthesis:
Conflicts:
Synthesis:
Conflicts:
Synthesis:
*Gender Roles
Conflicts:
Synthesis:
*Meaning of Marriage
Conflicts:
Synthesis:
ee
*Use of Language
Conflicts:
Synthesis:
Conflicts:
Synthesis:
*Role of Elderly
Conflicts:
Synthesis:
*Emotional Expression
Conflicts:
Synthesis:
Conflicts:
Synthesis:
Conflicts:
Synthesis:
Conflicts:
Synthesis:
L7Z
Conflicts:
Synthesis:
Conflicts:
Synthesis:
F. Reflect on how any or all of these messages can impact on your work as a music
therapist, either positively or negatively.
2. It may be argued that all clients are multicultural in some respect, and that if an
overemphasis is placed on culture, there will be a decreased sensitivity to the
uniqueness of the individual. Agree or disagree with this position in a discussion
with your peers.
4. Identify and describe your current stage in the model for student identity
development: 1) preexposure, 2) exposure, 3) zealotry or defensiveness, or 4)
integration. What would be helpful for you to move to the next stage of
development?
7. Select a particular culture (your own or one that interests you). Gather
information on: specific behavioral characteristics and values of this culture
relevant to therapy (you can use Table A as a guide), prominent musical idioms, and
the role of music in healing. Identify specific considerations that should be given
in designing and implementing music therapy with persons of this culture. Prepare
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a paper to present to the class along with an excerpt of this culture’s music. Also,
provide a demonstration of a music therapy experience with persons of this culture.
8. In your course journal, reflect upon any personal issues, values, prejudices,
beliefs or attitudes (from question #1 above), that may hamper your work in
multicultural music therapy. Explore possibilities and options that may be used to
address these issues.
9. In your course journal, reflect upon your own feelings of competence for
multicultural music therapy work. Identify what you may do to improve your level
of competence.
11. Obtain additional information on the feminist model of therapy. Describe your
reactions to this model.
12. Go through one code of ethics included in the Appendix. Identify those
statements that are relevant to a multicultural approach to music therapy. Identify
those statements that may be in conflict with this approach (and which may reflect
a Western/American theoretical orientation). Draft a list of ethical standards that
may be relevant to multicultural music therapy practice.
ETHICAL THINKING IN RESEARCH
AND PUBLICATION
Background
Che current emphasis on the need for ethics in scientific research can be
traced back to the Nuremberg Code (1946), the first document to address the ethics
of experimentation with human subjects. Formulated in response to the Nuremberg
war crimes, it contains ten declarations which stress the core ethical principles of
beneficence, justice and autonomy in research. It was the first document in
contemporary history to articulate both the concepts of informed consent and
risk/benefit analysis, (i.e., the degree of risk involved in the experiment should not
exceed the potential humanitarian benefit of the research problem). It also
emphasized the ethical principle of utilitarianism, i.e. , doing the greatest good
possible (Beach, 1996).
In more recent history, the United States Government mandated the
establishment ofInstitutional Review Boards in institutions receiving federal funds.
Their purpose is to monitor and safeguard the rights and welfare of human subjects
in research (Dileo-Maranto, 1995). The National Institutes of Health have provided
regulations for the composition and function of the IRB (National Institutes of
Health, 1983).
For approval ofany research proposals, Institutional Review Boards (IRBs)
must ascertain that the following requirements are met: (a) risks to the subjects are
reduced as much as possible, (b) there is an appropriate relationship between risks
and benefits, (c) subject selection is fair, (d) informed consent procedures are
documented, (e) safety precautions are appropriate, (f) privacy and confidentiality
are protected, and (g) vulnerable subject groups are protected” (U.S. Public Health
Service, 1984, cited in Dileo-Maranto, 1995, p. 83). These issues will be discussed
in the following sections ofthis chapter.
Informed Consent
research project after having been fully informed of all pertinent information, as
well as all potential risks and benefits to him or her. Informed consent is based on
the core ethical principle of autonomy, and requires that the person be provided
information prior to his or her participation in the research (Beach, 1996).
Three important principles underlie informed consent: 1) the capacity of the
individual to comprehend the information provided, 2) the completeness of the
information provided and the effectiveness with which this information is presented,
and 3) the freedom with which the individual makes the decision (Dileo-Maranto,
1995).
Informed consent involves much more than asking a subject to read and sign
a consent form. Factors that may influence the individual’s capacity to provide
informed consent include 1) age (the individual must be 18 years of age or older),
and 2) his or her emotional, physical and intellectual functioning. Individuals who
are below the legal age of 18 or are impaired in the any of the aforementioned ways
may not be judged able to provide consent for themselves, and consent must be
given by a parent or legal guardian.
The investigator has the sole responsibility for assuring that the information
regarding subjects’ participation is as comprehensible as possible to them. Subjects
should be able to understand what the study is about, the nature of the risks
involved, and what is expected to occur. Subjects must also clearly understand that
the nature of their participation is voluntary, that they have the right to either agree
or not agree to participate, and that they may withdraw their consent to participate
at any time during the study, if they so choose. Although this sounds fairly straight-
forward in theory, it is not so in practice. Many subjects do not understand research
or statistics. Subjects who are especially vulnerable with life threatening illnesses,
for example, may be over-anxious about the possibility for a cure, and this may
interfere with their understanding of the risks. Subjects may also not be able to
discriminate between what is treatment and what is research, especially when the
experimenter is the one who provides both. Procedures for providing information
to the subject in a way that can be fully understood should be part of the research
design; (Beach, 1996).
The skill of the researcher in communicating information is essential.
This means that the researcher must be aware of and able to apply all of the
following communication skills: appropriate eye contact, which shows
respect; active listening, which allows participants to ask questions and
express concerns; empathy, which is the ability to understand the subject’s
state of mind; tone of voice, which should be gentle, and should
communicate respect and concern; and professional appearance, which
signifies responsibility and commitment to the research (Beach, 1996, p.
23).
Several factors may compromise an individual’s freedom to provide consent
to serve as a research subject. Besides impaired capacity or age, these factors may
include: the existence of dual relationships, coercion and vulnerability. Because of
the power inequity in various dual relationships, the pre-existence or establishment
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of these relationships with potential research subjects is very risky. For example,
music therapy students who are recruited by their music therapy professors as
research subjects may feel unable to refuse, because of fear of recrimination through
grades or through compromised letters of recommendation. Similarly, music
therapy clients may feel undue pressure to participate in research conducted by their
own music therapist because of the fear of loss of services from the therapist or
facility if they refuse. Thus, dual relationships that involve a power inequity
between subject and researcher may preclude free and voluntary consent from
subjects. Neither students nor clients can ever be required to participate in research
(Dileo-Maranto, 1995).
To avoid these situations, music therapy faculty should avoid recruiting
students from their own classes as research subjects. However, students from other
classes for which they are not the professor may be used. If participation in research
is a necessary part of learning in a particular course, students should have other
options for this learning, e.g., participation in the research projects of other
professors, or other optional requirements, such as papers or projects in lieu of their
research participation (Dileo-Maranto, 1995),
Music therapists may recruit clients of other music therapists for research,
providing that clients’ privacy is not violated in the process, or they may use their
own clients if it is extremely clear that clients will receive their “regular” music
therapy services even if they decline to participate in the research. The researcher
has the sole responsibility of honestly monitoring the influence of his or her power
with the client; if the therapist assesses that the client agrees to participate in the
research out of dependency needs, out of the need for therapist approval, or for any
other dynamic issues in the therapeutic relationship, the consent to participate is not
completely voluntary.
The coercion of subjects to participate in a research project can be both
obvious and subtle, and needs to be carefully and honestly evaluated. Coercion may
be obvious when the researcher uses excessive financial compensation for
participation, for example, to low income subjects. In such cases, this might
represent “an offer they can’t refuse.” Coercion may be subtle when the urgency to
recruit subjects for a required thesis, for example, is conveyed to the subjects by the
researcher. Coercion may also be used to dissuade subjects not to withdraw from
a study once it has begun, because of pressures on the researcher to complete the
study (Dileo-Maranto, 1995).
The more vulnerable the client, the more the voluntary aspects of research
participation may be compromised. For example, subjects who are in a great deal
of pain may feel they have no choice but to participate in a music therapy research
project which may represent the only potential relief from their situations. Similarly,
individuals who are incarcerated in prisons have diminished rights to begin with.
Care must be taken by the researcher to assure that their lack of autonomy is not
exploited in the informed consent process.
Informed consent is documented with subjects in writing using a carefully
designed consent form. The information provided to the subject in the consent form
is fairly standard and should include most or all of the following:
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Injury to Subjects
the potential for harm; if there are risks involved, they should be as minor,
reversible and as short-term as possible (Dileo-Maranto, 1995).
Many factors may contribute to subject vulnerability in research. The mere
fact that many subjects in music therapy research have conditions that depart from
what is considered “normal” makes them more vulnerable to risks for injury.
Subjects who have hidden psychological or physical conditions may be more
susceptible to risks. Subjects who have diminished verbal skills may be incapable
of articulating distress or discomfort during research procedures. Careful screening
of subjects is required to anticipate potential hidden factors that may interact with
the treatment. In addition, low verbal subjects should be carefully monitored to
detect any potential distress during the procedure (Dileo-Maranto, 1995).
When there is a doubt concerning the potential for risk, or if the researcher
is unable to anticipate risk potential, it is advisable for him or her to conduct a small
pilot study to assess risk factors before implementing the study (Koocher & Keith-
Spiegel, 1994).
How do the potential benefits of a particular study compare to its potential
risks for subjects? This is a difficult and controversial topic.“The dilemma created
for researchers is this: How does one go about developing generalizable knowledge
for the welfare of society (the greater good), while maintaining respect, privacy, and
confidentiality of individual subjects, whose autonomy and protection from harm
must also be maintained?” (Beach, 1996, p. 19). The researcher and the IRB
inevitably assume responsibility for this decision.
Researchers are called upon to assure that the benefits of research outweigh
its risks through a risk-benefit analysis. Benefits include those for the subject and
for society at large, (and the subject is duly provided the necessary information via
the informed consent process if there are no potential benefits for him or her
directly) (Dileo-Maranto, 1995).
Risk-benefit analyses may involve statistical calculations, wherein the
study’s potential benefits are multiplied by the probability of their occurrence. This
number must be greater than the product of the potential risks for harm multiplied
by their probability of occurrence. This calculation results in a risk-benefit ratio,
which is included in the informed consent document (Beach, 1996).
Confidentiality
This is especially true in research with certain types of subjects, such as with
children and with AIDS patients. In the latter case, for example, release of
information concerning the presence of the disease could harm family relationships,
threaten jobs or potential employability, and impact on financial issues. Preserving
confidentiality thus requires special safeguards, and just as in clinical work, subjects
must be cognizant of the limits of confidentiality in order to make an informed
choice regarding participation (Beach, 1996).
The sensitivity of the information collected in research may require
additional precautions regarding confidentiality. Some types of information are
arguably more sensitive than others (e.g., musical preference versus sexual
preference), although the researcher cannot make blanket judgments for the subjects
about how sensitive this information may be for him or her personally. The subject,
in the informed consent process, is given the opportunity to make this decision for
him or herself (Dileo-Maranto, 1995).
Methods of data collection influence the need for additional precautions to
protect subjects’ confidentiality. Data that are gathered via anonymous testing
procedures or through mail-in anonymous surveys present less of a risk for
disclosure than do methods which rely upon pictorial, audio- or videotaping of
subjects’ responses. The latter may imply a direct identification of subjects and their
data by anyone who has access to these materials. Additional informed consent
procedures are needed when these data collection procedures are used (Dileo-
Maranto, 1995).
Any and all persons who have access to the data must be accountable for
protecting the subjects’ confidentiality, and it is the responsibility of the researcher
to monitor that this is done. Research must be designed to include “administrative,
management and technical safeguards to control the use and disclosure of
information” (Beach, 1996, p. 26). When information identifying the subject does
not need to be included with the data, it should not be. When there is identifying
information concerning the subject included in the data, it should be maintained
separately from results and stored under lock and key. All data should be coded
whenever possible to prevent anyone handling the data from identifying individual
subjects and their results.
The subject has the right to know and approve of who will have access to the
data and for what reasons, how the data will be stored, maintained and disposed of,
and how the results of the research will be disseminated. Research data presented
in aggregate form in a professional journal, where no individual results of subjects
are identified, present much less of a threat to confidentiality, for example, than
does a case study. Subjects must also approve in writing of the release of any
information that could possible identify them to any person or agency (including the
funding source) within or outside of the research project (Beach, 1996).
Competence
may not use or test music therapy methods in which they have insufficient abilities,
skills or training. They must also be competent in the research process itself. New
researchers should conduct their studies with supervisory guidance and consultation,
if needed.
Competence implies that research studies are conceptually sound with
appropriate designs and statistical analyses. Competence in research, as in clinical
work, demands a continuing commitment to learning and development.
The term, research data, includes the various methods used in measuring and
recording data as well as the measurements themselves; these can take a multitude
of forms. Research data provide the basis for reporting research findings.
Appropriate management of the data and adherence to specific values in a research
study are needed to assure the integrity and credibility of the research process and
the researcher. “There is a fine line between sloppy science (questionable research
practices) and misconduct” (Beach, 1996, p. 49). Thus, objectivity, (the avoidance
of bias), and integrity are core values in making decisions about the research
methods that will be used, how the information will be communicated, and how the
data will be managed.
Objectivity also implies the ability of the researcher to use self-awareness
and self-evaluation to monitor against injurious or deceptive practices. Objectivity
is essential in making decisions about the inclusion or exclusion of data, and in the
decisions regarding publication. Objectivity requires truthfulness and honesty in
sharing data. Without objectivity, the intent of research is obstructed (Beach, 1996).
Integrity in the research process implies the communication of all
procedures actually used in the experiment, the details of how the data were
collected, etc. The goal is to provide sufficient detail so that others may replicate the
study. To report procedures and methods not used, to include data that have not
been measured (fabrication) or the alteration of data in any manner (falsification)
represents research misconduct (Beech, 1996).
The U.S. Department of Health (1994) has issued data management
guidelines for NIH researchers; and these represent a model for exemplary practice
in research. These guidelines require that: 1) research results be recorded, annotated
and indexed in a manner that permits continuous review by others, including
research collaborators; 2) all data, even those not intended for publication should
be treated in the same manner, and 3) data should be maintained long enough so that
the study may be replicated, analyzed, or challenged by others.
fact can diminish this knowledge. Poor designs result in useless studies, waste the
subjects’ time, and put them at risk without need. Invalid results, if relied upon, can
diminish the effectiveness of treatment in the future. “Overall, the scientific
knowledge stockpile has been contaminated” (Koocher & Keith-Spiegel, 1994, p.
60).
ethical issues involved in these designs. Relationships between the researcher and
subjects are often created, because of the length of their association, and may also
involve subject dependency issues. Procedures for termination of the study must be
similar to those implemented in clinical work, especially when treatment/therapy
was a part of the experiment. The needs of the subjects may not be consistent with
the timetable of the experiment. Abandonment of subjects, when they are still in
need, may cause more harm to the subjects than if the study had never been initiated
(Koocher & Keith-Spiegel, 1994).
Another ethical issues involved in these studies includes the enhanced risks
of breaches of confidentiality, because of the extended time frame involved. Also,
subjects who decide to withdraw from these studies cannot be easily replaced, and
the researcher may exert undue pressures on subjects not to terminate their
participation (Koocher & Keith-Spiegel, 1994).
Deception in Research
This section presents information regarding ethical issues that may arise in
music therapy research with specific clinical populations. Although not all clinical
populations with whom music therapists may conduct research are discussed here,
many of the ethical issues mentioned can be generalized. It is important to
understand that the vulnerability of various populations makes individuals more
susceptible to risk as research subjects.
1999). Being aware of variations in cognitive and mood states, providing clear
information about the voluntary aspects of research participation, using care to
avoid any type of perceived coercion, offering support, and avoiding an
authoritative posture will help reduce their vulnerability.
1988). It may be the case that researchers, according to the laws of their state, may
be required to notify subjects’ partners who may be at risk of infection.
Finally, individuals who serve as subjects in HIV research may provide
informed consent at the beginning of the study and may later lose capacity because
of the progression of the disease. If the individual no longer remembers giving
consent, an ethical dilemma results concerning the subject’s continued participation.
decision. If the child refuses to allow his or her data to be given to parents, how can
the researcher inform the parents of this decision in a way that will protect the child
from being pressured by them? Children in abusive situations may be particularly
at risk (Koocher & Keith-Spiegel, 1994).
If the child refuses permission for data to be shared, must the researcher lie
to parents (which is ethically questionable as well)? In this situation, the researcher
may decide to terminate the child’s participation in the study, using the rationale
that the child does not meet the study’s requirements. This solution may be ethically
appropriate, as the researcher is protecting the subject from risk and/or injury, and
the subject may well wish to withdraw. In addition, this solution may protect the
subject from parental retribution (Koocher & Keith-Spiegel, 1994).
Parents may also attempt to get specific information about their child’s data
by stating that they have the right to ask questions concerning the study (according
to the informed consent agreement that was signed). To avoid this situation, the
researcher should be clear at the outset of the study (and include this policy in the
informed consent agreement) that parents may receive general study results, but not
the results of their individual child. Parents and children must be given the
opportunity to consent/assent to this policy. Parents may agree not to be informed
of their child’s results, or if the subjects know that their parents will be privy to their
information, they may modify their participation accordingly (Koocher & Keith-
Spiegel, 1994).
Some parents may make receipt of their child’s data a contingency for
providing consent to participate. This can be a most uncomfortable situation for the
researcher, and he or she may either choose not to include this child in the study, or
offer the parents only aggregate results (Koocher & Keith-Spiegel, 1994).
On the other hand, sometimes it may be counterproductive to withhold
findings from persons who could assist the child, such as.in the case of assessment
studies aimed at identifying problems that put children at risk, In these situations,
the policies for sharing this information (i.e., the type of information to be shared
and the specified recipients of the information) will need to be detailed in the
informed consent agreement (Koocher & Keith-Spiegel, 1994).
Researchers conducting case studies (for publication) with children need to
make every effort to disguise the materials so that the individuals involved may not
be identified. In spite of how well this is done, there is always the possibility that
a reader may be able to identify the individuals described. This fact must be
disclosed during the informed consent process (Koocher & Keith-Spiegel, 1994).
Besides parents, there may be pressures on the researcher to disclose
information to other persons or agencies, or the researcher may feel it is necessary
to share some information with others for the benefit of the child. As stated
previously, any type of information disclosure must be approved by the parent and
child before this can occur (Koocher & Keith-Spiegel, 1994).
There may be situations where sensitive data collected by the researcher are
of interest to various agencies who, for example, may be involved in gang activity
or drug use prevention. Researchers working with very sensitive data may consider
applying for a certificate of confidentiality from the Public Health Service; these
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certificates render the data immune from court subpoena, and provide a high, but
not absolute degree, of confidentiality for the data (Koocher & Keith-Spiegel,
1994).
In some types of research with children, researchers may need to solicit
information from third-parties, e.g., the children’s teachers, classmates, etc. The
risks inherent in third-party involvement are twofold: 1) the third-party sources may
reveal information that the child/parents would not want known, and 2) the
researcher may inadvertently reveal sensitive information to the third-parties, e.g.,
that the child has been sexually abused. Having the consent and assent of the parent
and child is essential, however, with this type of data-gathering method, there are
still serious risks. The researcher and the parents/child must ascertain if the benefit
derived from the study outweighs these risks (Koocher & Keith-Spiegel, 1994).
Similar to the need to inform clients of the limits of confidentiality in
clinical work, researchers must also advise (in informed consent procedures), the
limits of confidentiality in research. For example, confidentiality cannot be
maintained when there is suspected child abuse or neglect, when there is an
awareness of potential harm to the subject, or when the subject threatens the welfare
of another (duty to warn).
Ethical issues may exist when one conducts research using other paradigms
and methods, such as qualitative or historical. These issues are presented in this
section.
acceptable methods. For example, besides the covert-insider role assumed by the
researcher in covert participation, researchers may opt to function as: 1) an overt
outsider (the researcher keeps his/her own identity and does not enter the world of
the participants), 2) a covert outsider (the researcher assumes a false identity, but
does not enter directly into the participants’ world), or 3) an overt insider (the
researcher assumes a new role with the knowledge of the participants being
observed) (Bulmer, 1982).
Ethics and the Peer Review Process in Research. Peer review, as it relates
to the research process, involves complete, objective and honest scrutiny by
recognized experts of research papers, publication submissions, grant proposals, etc.
Peer review is a critical component of the research process. Although it may be a
time-intensive procedure, researchers have the responsibility to participate as
reviewers to advance knowledge in the discipline (Beech, 1996; U. S. Department
of Health, 1994),
Conflicts of interest, including existing or potential competitive,
collaborative or close relationships between reviewers and the authors of the
research may jeopardize a reviewer’s objectivity. Ethically speaking, the reviewer,
193
under these circumstances, should return the materials unread (Beach, 1995; U.S.
Department of Health, 1994).
Research under review is considered privileged, and as such, it may not be
used to the advantage of the reviewer, nor should ‘t be given to other persons to
read, unless necessitated by the review process. Maicrials may not be photocopied
and retained by the reviewer, or used in any way without specific permission to do
so by the journal and the author (Beach, 1995; U.S. Department of Health, 1994).
Additional guidelines for competent and ethical peer review require
reviewers to: 1) remain anonymous, 2) accept only those materials for which they
may provide an expert review, 3) maintain objectivity towards and confidentiality
of the material at all times, 4) be honest in uncovering any potential conflict of
interest, 5) carefully provide documentation for negative reviews, 6) attempt to be
fair and reasonable in request for additional information, and 7) return reviews in
a timely manner (Panel on Science, 1992-1993).
Chapter Summary
1. The Nuremberg Code of 1946 outlined the ethical principles that are currently
used in scientific research. The United States Government has also mandated the
establishment of Institutional Review Boards in all institutions receiving federal
funds. Their purpose is to approve and monitor research and assure that subjects’
rights are protected.
2. Informed consent in a research context is a legal term which refers to the decision
a person makes freely and independently to participate as a subject in a research
project after having been fully informed of all pertinent information, as well as all
potential risks and benefits to him or her. Three important principles underlie
informed consent: 1) the capacity of the individual to comprehend the information
provided (which may be compromised by age or physical, emotional or intellectual
functioning), 2) the completeness of the information provided, and the effectiveness
with which this information is presented, and 3) the freedom with which the
individual makes the decision (which may be compromised by dual relationships,
coercion and subject vulnerability). There are necessary components that must be
included in all written consent forms.
5. Researchers must be competent in the methods being tested and in the research
process itself. Objectivity and integrity are core values in making decisions about
the research methods that will be used, how the information will be communicated
and how the data will be managed.
6. There are a number of ethical issues involved in the use of various research
designs. Sound scientific designs may not always be sound in an ethical sense, and
researchers must consider the welfare of subjects as primary. The use of deception
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8. Ethical issues may also arise in the conduct of research within qualitative or
historical paradigms. When human subjects are involved, their rights in research
remain the same as in a quantitative paradigm.
10. Peer review involves complete, objective and honest scrutiny by recognized
experts of research papers, publication submissions, grant proposals, etc. Peer
review is an essential component of the research process, and necessitates
competence, objectivity, and confidentiality on the part of reviewers.
11. Fraud may occur when an author, editor or reviewer uses a falsehood or
deception to obtain an unfair benefit or to intentionally harm the rights or interests
of others
Ethical Dilemmas
1. Mary Jane, a music therapist working with clients who have problems with
substance abuse, conducts a research study which examines the effects of music
therapy in reducing stress. She employs a treatment which combines music and
progressive muscle relaxation and compares this to a treatment using music alone.
While implementing the study, two of her first three subjects have extreme cathartic
reactions to the procedures. She is surprised by these results, but considers them
to bea “fluke” and decides to continue with the research.
2. George is hired to conduct a music therapy study with patients in intensive care.
He plans to examine the effects of music therapy on heart rate and anxiety using an
experimental-control group design. His research protocol has been approved by the
hospital’s Institutional Review Board. As he meets with potential subjects to obtain
their informed consent, the vast majority of them state that they are very interested
196
in participating in the study, but will only consent to participate ifthey are assigned
to the experimental group and not the control group.
6. A very wealthy music therapy graduate student, Gregory, (yes, readers, this one
is definitely a fictitious example), is trying to complete his thesis which involves the
use of music therapy to enhance the self-esteem of economically disadvantaged
children. He has had a great deal of difficulty in recruiting subjects for the study,
and decides to offer subjects’ parents $500 for allowing their children to
participate.
7. Pedro, a music therapist working at a large state institution, has assisted his
colleague, Selma, with a research project. The research was completed, and Selma,
as first author, wrote up the final paper. Selma submitted the paper to the Journal
of Music Therapy, and it was accepted for publication. Pedro, as second author,
received the required forms from the Journal to sign before the study is published.
197
As he reads through the final paper, he is shocked to find that Selma has falsified
some of the data.
8. Rose Marie has received grant funding to conduct a longitudinal study involving
the use of music therapy to minimize the developmental delays of children who were
born prematurely and to provide support to their families. The study design requires
a weekly music therapy session with the children and their families in their homes
for a period of three years. Needless to say, she becomes very familiar with
research subjects and also quite involved in their lives. As the three-year period
comes to an end, she begins to implement termination procedures to obtain closure
with the subjects. Several of the families are still experiencing a great deal of
difficulty in coping with the problems that resulted from their child’s low birth
weight, and are very distraught with the idea that Rose Marie will “abandon” them
when they need her the most. In addition, many of the children have made
significant progress in music therapy, and the parents are afraid that they will
regress significantly if they do not continue to receive music therapy services.
1. Using the criteria provided at the beginning of this chapter, design a research
consent form for a study you would like to undertake, or for a study already
published in a music therapy journal. Share this with a peer and solicit his or her
feedback and questions.
2. Design a special consent form for a study with children, geriatrics, AIDS patients,
or another vulnerable population, taking into consideration the particular risk factors
involved.
3. Pick an area of research ethics, e.g., confidentiality, the potential for injury, etc.,
or research ethics with a particular clinical population, e.g., prisoners, for further
study. Consult textbooks and do a literature search on the topic. Write a short to
moderate length paper and include specific implications for music therapy research.
4. Have a discussion with your classmates concerning how you might ethically
conduct research as a music therapy clinician. Discuss the similarities and
differences between research and clinical practice.
5. Have a discussion with your classmates concerning what might constitute risk or
injury to subjects in music therapy research, and precautions that may be exercised
to avoid these.
6. In your course journal, explore any reactions you might have to particular
sections of this chapter. Reflect upon how it might be for you to participate as a
subject in music therapy research and to conduct music therapy research with
subjects yourself. What would your needs be as a subject? What would you like to
provide for your subjects as a researcher?
FINANCIAL AND ADVERTISING ISSUES
& RESPONSIBILITIES TO THE PUBLIC
ser
Che first part of this chapter presents information particularly relevant for
music therapists who are engaged in private practice, contractual work and/or
consulting. Ethical standards obligate the music therapist to establish sound
financial practices. Problems associated with managed care are also discussed.
The second part of this chapters is devoted to issues concerning the
advertising of music therapy services and to the various commercial activities in
which music therapists might be engaged.
The third and final section ofthis chapter includes a discussion ofthe ethical
issues involved in providing information about music therapy to the general public
and through the media.
accountable for the full range of cost factors involved in delivering services”
(AMTA, 1999, p. 239). In the United Kingdom, there are established minimum
hourly fees for music therapy services (see APMT Code of Ethics in the Appendix).
Whatever the case may be, therapists are ethically bound not to exploit the client's
vulnerability in financial matters (Koocher & Keith-Spiegel, 1998),
Not all clients can afford to pay the entire cost of private music therapy
services! Professional music therapy codes of ethics in Canada and the United
States require music therapists to take into account the client's ability to pay, as the
client’s needs and welfare are more important than financial considerations.
Although data are not available, it is likely that at least some music therapists in
private practice may offer sliding-scale fees for clients (based on income) who are
unable to pay the full rate. Therapists may also consider payment schedules over a
more extended period of time for clients experiencing financial difficulties,
Some clients are not able to pay even the smallest amount for music therapy
services! Although not specifically required by codes of ethics in the music therapy
profession, other professional codes (e.g., psychology) require therapists to provide
some pro bono (free) services to clients who are unable to pay. The therapist
continues to be obligated to ethical and legal standards when providing these
services (Peterson, 1996). When pro bono services are offered to some clients, these
arrangements should be determined prior to the beginning of treatment. Unpaid
accounts that are considered pro bono after the fact make the therapist vulnerable
to professional sanctions (Bennett, et al., 1990). For some professions, clients who
are completely unable to pay for treatment, may be referred to other sources (¢.g.,
community agencies) for more affordable services. Whereas this may be an ethical
practice technically, the present author contends that this practice is indeed ethically
questionable in music therapy, especially given the lack of potential sources of
music therapy treatment in many locales. It is hoped that music therapists will
negotiate payment options, including the possibility of pro bono work, external
funding, etc., so that the client in financial distress may have access to music
therapy treatment. Bartering with clients, 1.e., exchanges goods for services, is not
an ethically sound practice because of the risks of the establishment of dual
relationships. This issue is discussed in Chapter 6.
Certainly, ethical practice necessitates a consideration of the clients’ welfare
insofar as fees are concerned. Thus, the ways that fees are established and
communicated to the client, as well as how fees are handled and collected are
important ethical considerations. As discussed in Chapter 4, therapists are obliged
to provide a full disclosure of the fees required for services, as well as their payment
and collection policies as part of the informed consent process, so that the client
may make a responsible decision regarding treatment. Besides making this
information available at the beginning of therapy, an open discussion of costs may
occur at any time during treatment (Koocher & Keith-Spiegel, 1998). Therapists
should also inform clients of any potential requirements and limitations of third-
party reimbursements, e.g., the number of sessions, deductibles, exclusions and
copayments (Keith-Spiegel & Koocher, 1985).
Consideration should be given to the client whose insurance reimbursement
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Fee Splitting
Fee splitting refers to the practice ofproviding part of the sum a client pays
for services back to the person/source who referred the client (1.¢., a kickback).
This is usually done by prior arrangement between the parties. For example, in a
music therapy private practice, the music therapist may pay part of the client’s fec
for services to the psychologist who referred the client to him or her. This practice
may exploit the client, who is usually unaware that this is happening. The referral
may be in the best interest of the client, or it can be made simply for financial
reasons, in which case the service is not needed by the client. Further, fee splitting
may result in increased costs to clients for services. Fee splitting by music therapists
is prohibited by a number of the professional ethics codes.
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For music therapists whose services are covered by third-party payment (and
according to AMTA 1999 data, approximately 23% of music therapists receive third
party reimbursement, although it is not known how many of these therapists are in
private practice), there are a number of issues that may constitute unethical and
illegal billing practices and/or fraud.
In the field of psychology, the majority of legal and/or disciplinary actions
taken against professionals, including license revocation, are the result of
inappropriate billing practices, such as the alteration of a diagnosis and the failure
to collect the required copayment (Peterson, 1996). Psychologists report financial
issues as among the top three ethical problems in practice (Pope & Vetter, 1992),
In addition, Pope et al., (1987) found several common high-risk business practices
reported by psychologists, including: changing the client’s diagnosis so that
reimbursement could be obtained (61%), bartering with clients (25%), and loaning
clients’ money (26%).
Most health insurers require a diagnosis of the client’s problem for payment
to be issued (Koocher & Keith-Spiegel, 1998). Music therapists, with the exception
of those who hold an additional license to do so, are not able to provide an official
diagnosis. Therefore, another professional may be required to do this for the music
therapist.
Moreover, insurance carriers often reimburse for specific services and
procedures. Billing companies for services not actually rendered to clients, or
deliberately concealing the service provided, is a fraudulent practice. Fraud is
legally defined as an act committed with the intent to deceive and which causes
harm or injury. There are four basic requirements for classifying a behavior as
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fraudulent: “First, a false representation is made by one party, who either knows it
to be false or is knowingly ignorant ofits truth...Second, the misrepresenter’s intent
is that another will rely on the false representation. Third, the recipient of the
information is unaware of the intentional deception. Fourth, the recipient of the
information isjustified in relying on or expecting the truth from the communicator.
The resulting injury may be financial, physical or emotional” (Koocher & Keith-
Spiegel, 1998).
Some therapists charge clients a reduced rate for services that are not
covered by insurance (and paid for in cash), and a higher rate for those services that
are covered. Although this practice is questionable and may be in violation of
companies’ contracts with providers, it is rationalized by some in legal terms by the
fact that less paperwork is involved, and hence a lower fee may be charged. Other
contractual violations may include failing to collect clients’ copayments (and
essentially lowering the fees that are claimed to insurance companies), billing
clients for the difference between what the insurance company pays and what the
therapist’s fee is, even though there is an agreement with the insurers not to do so,
and misstating his or her charges on insurance claims forms (Koocher & Keith-
Spiegel, 1998). Additional fraudulent practices include billing insurers for missed
sessions, misstating the actual provider of services, and misrepresenting family or
group treatment as individual services (Peterson, 1996).
Bill Collecting
Disputes regarding fees comprise the most common type oflegal complaints
taken against psychologists (Bennett, et al., 1990; Woody, 1988). Therapists
working in private practice may find themselves in a position to pursue payment for
services when clients fall behind in what they owe. Because of the sensitive nature
of the client-therapist relationship, and the vulnerability of the client, this matter
warrants special handling. Therapists should discuss the situation frankly with those
clients who are still involved in treatment. However, most often debts are owed by
clients who terminate (Koocher & Keith-Spiegel, 1998).
In extreme circumstances, some professionals have taken their clients to
small claims court. The fact that the identity ofa client is revealed in a public forum
is a serious matter for concern regarding confidentiality, and indeed it is necessary
to give the client sufficient warning that this will occur. Other professionals have
used fee-collection agencies, which operate as an agent of the therapist in procuring
the amounts owed. Although this procedure is more private, the therapist is held
responsible for any abusive, threatening, inappropriate collection strategies or harm
to the client (Koocher & Keith-Spiegel, 1998). Therapists may indeed have the right
to use these agencies, but they also have the responsibility to inform clients about
this practice during the informed consent procedure. Therapists are also obliged to
find other solutions for delinquent accounts and also to adequately notify clients
before collection agencies are employed.
It is not uncommon for clients to file complaints against therapists who use
these types ofbill collection strategies (Peterson, 1996), and there is also evidence
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that threats and probability of malpractice litigation increases for clients who are
seriously in arrears in their debt payments (Woody, 1988). Therapists must avoid
using their power in the relationship and their knowledge of the client to collect
debts (Koocher & Keith-Spiegel, 1998)!
Managed Care
Managed care is a method for the delivery of health care services which has
emerged during the past decade (Scott, 1998). The managed care system stresses
prevention and cost-containment, as well as short-term, cost-effective interventions.
(Corey, et al., 1998). The advent of managed care has implied profound changes for
all health care professionals (Scott, 1998) and has created a host of ethical issues
within patient care. To say that managed care has been controversial among both
consumers and professionals is a true understatement! Several of the ethical issues
which have emerged within the managed care system are discussed in this section,
although it is not the present author’s intent to provide a comprehensive review of
the issue.
Because of the overriding necessity of cost-containment, one implication of
managed care for professionals has been an expansion of their roles and
responsibilities, into supervision, administration, education, research, and
consulting, to name a few (Scott, 1998). Another implication is the requirement for
professionals to become skilled in formulating treatment plans rapidly, in limiting
the scope of treatment goals, and in using methods that achieve rapid results with
the client (Foos, Ottens, & Hill, 1991). Therapists must do more with less (Scott,
1998). Austad (1996) reports that some professionals feel that managed care
systems are unethical because they provide a financial motivation for professionals
to limit or withhold care. Within this system, therefore, there are inherent incentives
for: refusing and restricting access to long-term treatments, limiting clients’ choices
of providers, interfering with the continuity of treatment, using less-qualified
professionals for treatment and for reviewing services, breaking the patient’s
confidentiality in review procedures, and relying on business ethics instead of
professional standards.
Thus, some of the primary ethical issues for therapists working in managed
care include the following: 1) competence; 2) conflicts of interest, 3)
confidentiality, 4) continuity of care, and 5) informed consent. These issues are
interrelated.
Competence. Therapists need to have skill in implementing effective time-
limited treatment. As they must be able to respond to a variety of clinical problems
in an effective manner, an eclectic approach is required (Haas & Cummings, 1991).
Additionally, therapists must guard against assuming responsibilities dictated by
managed care organizations that are beyond their competence, and must also be
vigilant concerning the competence of others providing treatment and review.
Conflicts of interest. Managed care may require therapists to choose
between what their clients need and the restriction of interventions and goals to
maintain costs; these may be vastly different concerns (Haas & Cummings, 1991).
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The therapist’s primary consideration is the client’s welfare, first, foremost and
always. Helping to create a profit for the insurer is not a high priority when
balanced against the client’s needs.
Confidentiality. Managed care often requires therapists to submit diagnoses
and confidential client information for reimbursement and for external review. The
therapist cannot assure that this information is protected once it leaves his or her
office. The therapist must take every precaution necessary, including limiting the
amount of information provided (but not fraudulently altering it) to the bare
minimum, informing the client of the possible risks involved in submitting this
information, and obtaining his or her informed consent to do so.
Continuity of care. Insurers may dictate for example, that a client is entitled
to 5-6 sessions of reimbursed coverage for his or her problem. What happens when
the reimbursement ends and the client’s problem persists? The therapist is ethically
and legally obligated not to abandon the client, especially during a crisis situation,
and the therapist is responsible for making provisions for the client’s continued
care, for example, through reduced rates, through pro bono arrangements, through
referral, etc.
Informed consent. Clients are entitled to know about the limits of treatment,
referrals and confidentiality imposed by managed care companies. This information
must be clearly communicated during the informed consent process prior to
treatment. The client may be informed that the managed care coverage may not be
sufficient in terms of the number of sessions reimbursed to treat the client’s
problems. Clients have the right to decide for themselves how they will approach
therapy in light of these known restrictions and limitations.
Advertising/Announcing Services
problem, the information provided in advertisements should not mislead the reader
to assume that this is the case. Likewise, advertisements which suggest that there
are guarantees for music therapy services or unrealistic expectations for success are
both inappropriate and unethical, e.g., “Money-back guarantee!”
The music therapist must accurately represent his or her specialty in
advertising materials. For example, if he or she has completed a six-month
internship with autistic children, this does not constitute a claim for a specialization!
Although there are no hard and fast guidelines regarding what does constitutes a
specialty, one might reasonably assume that specialized training and certification
in a music therapy method or approach, such as the Bonny Method of Guided
Imagery and Music, Analytical Music Therapy or the Nordoff-Robbins approach,
or a non-music therapy approach, such as biofeedback, would be appropriate.
Advanced degrees in music therapy and/or substantial clinical experience with a
particular clinical population or problem, might be acceptable as a stated
specialization as well.
The music therapist should not imply any endorsement of the professional
association in his or her advertisements. For example, using the logo of the
association or including his or her membership or function in the association
(beyond what is implied through professional certification) is unethical. The music
therapist may of course use his or her professional credentials obtained through an
association or organization, such as “MT-BC,” but not the statement, “professional
member: American Music Therapy Association.” For example, the present author
could not ethically use her positions as Past-President of the National Association
for Music Therapy or the World Federation of Music Therapy in her announcements
of private practice, as this might imply an endorsement of these organizations, and
an inappropriate and irrelevant claim for particular skills or specialization.
*“The following materials may be used in announcing services (all of which
must be dignified in appearance and content): announcement cards, brochures,
letterhead and business cards. The MT may include the following on these
materials: name, title, degree, schools, dates, certification, location, hours, telephone
number, and an indication of the nature of services offered” (AMTA, 1999, 10.6).
The following information is an example of an ethically appropriate advertisement:
*As stated in the ethical codes of the American, Australian, and Canadian
Music Therapy Associations, the music therapist is not permitted to solicit clients
receiving music therapy from other music therapists. Furthermore, the codes state
that music therapists are not permitted to solicit clients for their private practices
from the agencies in which they are employed.
Finally, according to the American and Australian music therapy codes,
music therapists who also maintain a private music teaching studio must distinguish
between the two services they are offering and the different natures of the
professional relationships established with their students and clients. They may not
offer music therapy to the students who come for music instruction and visa-versa.
In summary, the music therapist is accountable for the way that he or she,
as well as the profession in general, is represented to the public and to other
professionals in advertising and announcing services. Music therapists who are
developing advertising materials are strongly advised to seek feedback from expert
music therapy colleagues before these materials are published. It is important that
these materials are factual, accurate, dignified and professional, and that the music
therapist exercises appropriate caution and good judgment both in their content and
in their dissemination.
Commercial Activities
In recent years, there has been a burgeoning interest within the public sector
for products, including equipment, CDs, cassettes, and books, related to music self-
help strategies. These products have been developed by music therapists
themselves, by music therapists in consultation with various companies, by non-
music therapists, or by various companies and manufacturers who have sought
endorsements from music therapists to promote sales. There has also been a surge
in equipment and products designed for use by music therapists and other
professionals in their work with clients.
There are a number of both distinct and interrelated ethical issues involved
in these commercial activities, including: 1) the potential conflict for music
therapists in developing and promoting self-help products, as self-help with music
is clearly different from the process of music therapy, 2) the claims made about
these products, many of which have not been tested empirically for their
effectiveness, 3) the conflict created when music therapists are given financial
incentives by the developers of these products to test them, 4 ) the conflict created
when music therapists are asked to provide testimonials or endorsements (paid or
unpaid) of these products/equipment to the general public and to other
professionals; and 5) the potential conflict of interest for music therapists who
dispense products/equipment to clients. Unfortunately, these issues are not clearly
addressed in many of the music therapy codes, and the music therapist may feel lost
when confronting these situations.
Music self-help products are ubiquitous. The number of tapes, CDs, books
and equipment available in various catalogues and/or on the internet is astonishing.
Although there are sometimes superlative claims made about the effectiveness of
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instruments); The music therapist shall not give testimonials regarding equipment
or instruments” (AMTA, 1994, 3.6.ii, 3.6.iii). The other music therapy codes of
ethics do not prohibit endorsements per se.
In allowing one’s name to be used in a product endorsement, there are
several issues to be considered: 1) the intended audience of the
marketing/advertising, i.e., general public or professionals, and 2) whether the
music therapist is paid or not paid for the endorsement. In the field of psychology,
for example, endorsements by psychologists of products to the general public are
not considered appropriate for two reasons: 1) if the product is related to the field
of psychology, its merit should hinge upon the scientific data which support its
effectiveness, and not the word of the endorsing professional, and 2) if the product
is not related to the field, the endorsement is irrelevant (Koocher & Keith-Spiegel,
1998).
The endorsement of products to a professional audience may or may not be
considered ethical, depending on the accuracy of the endorsement and the intent of
the person endorsing. If he or she does so merely for financial gain, this practice is
questionable (Koocher & Keith-Spiegel, 1998).
Endorsements of products can occur even without the music therapist’s
knowledge or consent! For example, the present author was quite shocked and
dismayed to see a quote by her (which had been published in another source), along
with her name, and her position as President of the World Federation of Music
Therapy appearing on an advertisement for a new age CD! The quote (about the
potential relaxing effects of music) and her position were apparently intended to
imply her endorsement of the CD and attest to its effectiveness. Needless to say, the
present author did not ignore this situation!
* There are several potential ethical issues involved when music therapists
recommend purchase or dispense materials/products/equipment to clients. Both the
American and Australian codes of ethics address provide guidelines for such
practices. These guidelines can be summarized as follows: 1) commercial activities
of the therapist should not interfere with his or her responsibilities to the client or
colleagues; 2) the client must have a genuine need for the product and should be
allowed to make a free and uncoerced choice regarding its purchase; 3) the music
therapist should make no profit from this transaction, nor should he or she receive
a fee or commission from this transaction; and 4) charges for products should be
billed to the client separately from services rendered. In addition, music therapists
are not allowed to profit or receive a fee or commission for the sale of equipment
or instruments to their facilities or schools.
Competence. There are many risks involved even when one provides
accurate, competent information to the general public (and these will be discussed
in more detail later in this section). These risks are exacerbated when the music
therapist providing the information does so in an incompetent manner.
The music therapist should have sufficient expertise to address the
publicized topic, and if not, should ethically refer the interviewer to another music
therapist. Because interviewers are often pressed for time, they may exert pressure
on the therapist to provide this information, and the music therapist should resist
yielding to this urgency. The present author has had many requests for information
from the media throughout the years, and has always been acutely aware of the
limits of her expertise. For example, requests for information on music therapy for
medical problems would most certainly be answered; information regarding music
therapy for the hearing impaired would be referred to another therapist. The present
author has had occasional urgent phone calls from former students and other
professionals who have been asked to do media interviews and have no idea what
to say on the topic! If the music therapist does not know a music therapist who has
expertise on the topic, it is a safe practice to refer the interviewer to the American
Music Therapy Association. The AMTA office staff are skilled in directing the
media to experienced music therapists in a variety of clinical areas.
The music therapist should accurately state his or her credentials and should
ascertain that these are cited correctly in the media materials. For example, it is
irresponsible ethically to allow oneself to be identified as “Dr.” when this credential
has not been earned.
Furthermore, the music therapist should be most cautious in providing
information on behalf of any person or organization other than him or herself
personally. In other words, unless specifically authorized to do so, the music
therapist may not serve as the spokesperson for the music therapy profession or
association. Direct and repeated statements to this effect to the interviewer are
appropriate.
Accuracy of Information. This is perhaps the area that poses the most
numerous ethical issues for the music therapist, no matter what type of media (e.g.,
print, broadcast, or electronic) is involved. The present author could include a long
list of her own media horror stories on this subject!
Even when the music therapist has the expertise and competence to provide
information to the media on a particular subject, an enormous amount of caution
needs to be exercised. The therapist must be acutely aware of the tendency of some
media personnel to sensationalize, distort, take statements out of context, exaggerate
or overgeneralize data, use irrelevant or unrelated comments, or treat information
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comments about anyone. Even though these may be mentioned in passing, they may
later appear in print. The same rules apply to other offhanded remarks, comments,
jokes, gestures, etc. no matter how comfortable the therapist feels with the
interviewer or how trustworthy he or she may seem (Koocher & Keith-Spiegel,
1998). The music therapist would be greatly surprised and dismayed to see these
remarks in printed form for posterity to view.
Music therapists may also be asked to author mass media articles for
magazines or for the internet. In these situations, the music therapist may be able
to exercise a greater degree of control over content, although editors may change
this information in ways that would be unsatisfactory. In any of these situations, the
music therapist must be able to exert control over the final copy before it is
published. If any pictorial, video or audio representations of the therapist’s clinical
work are used, express permission must be sought from the client(s) involved, and
every effort should be made to protect confidentiality.
The music therapist should also exercise good judgment concerning the
topics for these articles (again using the aforementioned guidelines to assure
competence and professionalism and to avoid sensationalism, exaggeration, etc.) as
well as the venues for publication. Obviously, it would seem ethically unsound for
the music therapist to author an article on how to use music to improve one’s sex
life for a magazine that might be considered sexist in orientation. Although this may
be an extreme example (or maybe not), the reader undoubtedly gets the point being
made.
Music therapists may also author trade books (as distinguished from self-
help books which will be discussed in the following section), which are geared to
providing information on music therapy or specific topics therein to the general
public. The focus of these books is on providing scholarly information and research
in a manner that is easily accessible to the non-professional. When executed in a
competent, objective and cautious manner, these books may make important
contributions to the knowledge base of the general public and pose few ethical
issues.
Music therapists, like any other citizens, are free to write letters to the editor
of newspapers, magazines, or via the internet, expressing their opinions on topics
not related to music therapy, e.g., politics, social injustices, etc. In doing so,
however, they speak for themselves and not their profession, and therefore should
not include their professional status or credentials.
products may indeed be beneficial. Obviously, members of the general public who
are interested in self-care have the need and right to have access to the most
potentially helpful materials designed by persons who are competent and expert in
doing so. As many of the self-help materials in the marketplace are of dubious
benefit and are designed by unqualified persons, music therapists may provide an
important service in this regard.
At the same time, there are always risks when members of the general public
use these materials in inappropriate ways (and there are of course no controls over
this), when the self-diagnosed problem does not necessitate the self-help procedure,
when a more serious problem exists (and the self-help materials can mask or
exacerbate this problem), and when there are clear contraindications for their use.
It is not possible to guard against harmful effects, either minor or serious, from
these materials in spite of specific instructions and warnings (Koocher & Keith-
Spiegel, 1998).
Before these self-help materials are offered to the public by music therapists,
it is essential that they be adequately tested to demonstrate their efficacy. It is also
essential that any claims for effectiveness made by the author(s) be both based on
available data and cautious in their generalization. Disclaimers should be used
where appropriate. This may be difficult to accomplish, as the publishers of these
materials may indeed want to make unrealistic assertions to promote sales.
Therefore, the music therapist should make it a part of his or her contract with the
publisher to review and approve of all advertising and promotional materials
regarding the book (Koocher & Keith-Spiegel, 1998).
In summary, music therapists need to exercise a great deal of caution in their
dealings with the media; the reputation of the profession is always on the line.
Therapists are ultimately responsible for how their names are used and for the
information provided. The goals of the media and the goals of the music therapist
and his or her profession may likely be incornpatible (Koocher & Keith-Spiegel,
1998; Stein, 1990).
Chapter Summary
1. Clients’ welfare is of primary important in the setting of fees for private music
therapy services. The client’s ability to pay or not pay should also be considered.
Therapists should provide a full disclosure regarding fees and fee policies to clients
through the informed consent process.
2. Fee splitting refers to the practice of providing part of the sum a client pays for
services back to the person/source who referred the client. This is usually done by
prior arrangement between the parties, and is an unethical practice in music therapy.
3. There are a number of identifiable fee handling practices that are unethical and/or
illegal, some of which may be classified as fraud. Therapists must use caution in bill
collection procedures for clients who are in arrears in their fees for services. Threats
to clients’ welfare and confidentiality are primary issues.
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4. The managed care system stresses short-term interventions with methods that are
cost-effective, and emphasize prevention. Some of the primary ethical issues for
therapists working in managed care include: 1) competence; 2) conflicts of interest,
3) confidentiality, 4) continuity of care, and 5) informed consent. These issues are
interrelated.
6. When providing information to the general public, the music therapist must be
concerned about ethical issues involving: competence, accuracy, control of
information, and offering treatment through the media.
Ethical Dilemmas
2. Seymour, a music therapist in private practice, has worked with Ernie forayear.
Ernie has terminated music therapy services because he is so behind in his fees, and
he is afraid he will never catch up if he continues in treatment. Seymour is
considering turning Ernie’s account over to a private collection agency, but does
not want to pay the fees to do this. So, he decides to call Ernie himself on a regular
basis to remind him that his fees need to be paid. He also sends him weekly
reminders of his account balance.
4. Frances, in the situation above, works with another client, Peter, whose HMO
pays for his music therapy treatment. However, Peter’s HMO will only cover 5
sessions per year. Peter is experiencing a major crisis in his life, and his coverage
has just stopped.
5. Samantha has resigned her job as a music therapist in the community mental
health center where she has worked for 5 years with the intent of building her
private practice in music therapy. She knows that the center will not hire a music
therapist to replace her, and she would like to continue working with some of her
clients. She prints a brochure describing the types of services she will offer in her
practice, and mails the brochures to clients’ homes.
11. Frederick, from the situation above, is also asked to design a CD series that can
improve intelligence in infants and children. The series will be launched through
an “infomercial” which will include testimonials for the products by both
celebrities and professionals.
12. Rolando, a music therapist working in a medical hospital has done very
impressive work with coma patients. Gene, the hospital administrator contacts the
local newspaper and conducts an interview in which he makes a number of
sensational claims about Rolando’s work. Rolando sees the article in print and is
horrified.
220
13. Larry, a specialist in the use of music therapy for various stress and health
problems, is asked to produce and host a late-night radio program for people who
have sleep problems, e.g., insomnia. Larry would select music that people could
listen to to help them get to sleep, and at the beginning of the program, he would
answer questions of people who could call-in with specific issues.
14, Werner, a music therapist has become famous for his work with developmentally
delayed and autistic children and who possess extraordinary musical talent on the
piano. He has presented some of his clients on television programs, where they have
performed. He maintains a web-site, and is frequently contacted by children’s
parents who e-mail video clips of their children playing the piano. He evaluates
them and makes recommendation to their parents.
15. Erica, anew music therapy graduate, is asked to pose for a centerfold photo for
a popular men’s magazine. Because this magazine publishes “good articles,’ she
feels that this would be an interesting and unusual way to “stimulate interest” in
music therapy.
1. Discuss with your classmates how you would establish and handle fees for your
music therapy private practice, taking into account the ability of clients to pay,
billing procedures, and fee collection procedures.
4. Pick a topic from this chapter that interested you, and do additional research
using books and articles. Write a short paper.
5. Consult various codes of ethics in health care (e.g., psychology, family therapy,
counseling, etc.). Note their ethical standards for advertising, fees, and commercial
activities. Determine similarities and differences between the codes. State how you
agree or disagree with these standards.
6. In your course journal, reflect upon any strong reactions to the chapter’s topics..
RESPONSIBILITIES TO COLLEAGUES,
EMPLOYEES, EMPLOYERS,
AND THE PROFESSIONAL ASSOCIATION
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Che responsibilities of music therapists to their professional colleagues and
employees are clearly delineated by the music therapy codes of ethics. Professional
relationships should be characterized by integrity and respect, with the realization
that the quality of these relationships invariably influences services to clients. The
codes also specify the responsibilities owed to the professional music therapy
associations in general, as well as the duties implied when members serve as
officers of the professional association. This chapter presents a discussion of the
various ethical issues that may frequently arise in these professional relationships.
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One might assume that music therapists and other professionals working in
any of the areas of health or education would have a greater awareness of the
intricacies of interpersonal relationships that would assist them in establishing and
maintaining effective connections with their colleagues in the best interests of their
clients. This is sometimes the case, and (unfortunately) sometimes not. As any
human beings may have the tendency to do, they may put their own needs first, and
a variety of inter- or intra-professional disputes may ensue. These clashes may
involve any number of professional or personal issues, including territoriality,
institutional politics and finances, theoretical or methodological differences,
professional competition and rivalries, as well as personal styles and disagreements
(Koocher & Keith-Spiegel, 1998). Regrettably, disputes among professionals are
ubiquitous, sometimes escalating to virtual wars among them.
Koocher & Keith-Spiegel (1998) discuss workplace risk factors that may
contribute to conflicts among professional colleagues. These include: competition,
sparse resources, lack of advancement opportunities, low morale, ineffective or
unclear management strategies, inequities, envy, and bias. Inadequate working
conditions, including high noise levels, insufficient privacy, excessive work loads,
and inadequate furnishings may further add to the professional’s stress and
irritability. In addition, the evaluative power of one professional over another, poor
communication of role expectations, and poor feedback contribute as well to
interpersonal strife. These authors further describe personality variables of
professionals that may contribute to disharmony. Persons who are emotional labile,
unstable, arrogant, narcissistic, critical, impulsive, angry, demanding, obnoxious,
and/or rude can often cause havoc in the workplace.
It is unrealistic to expect that music therapists will never encounter or
experience these conflicts, or that “harmonious” relationships with colleagues will
prevail at all times. What is important to understand, however, is that these battles
may often, if not always, impact negatively on services to clients. For this reason,
conflicts should be addressed professionally, and war tactics should always be kept
out of the workplace. Colleagues will frequently criticize and disagree with each
other on professional issues; this is normal, and often they will “agree to disagree.”
However, when these disagreements become personal vendettas, a line has been
crossed, and professional ethics are at stake. When other professionals are drawn
into taking sides, the matter can become even more dangerous.
223
Music therapists in private practice may not accept clients for treatment who
are receiving music therapy from another professional. Furthermore, music
224
therapists may not solicit private clients of another therapist for his or her own
practice. Clients have the right to choose their own therapist. If clients want to see
two music therapists simultaneously, for example, those specialized in very
different methods of music therapy, these music therapists should confer to
ascertain whether this would be in the best interest of the client involved.
On the other hand, if a client currently in treatment with one music therapist
(MT1) approaches a second music therapist (MT2) and conveys dissatisfaction with
MT] and the desire to change therapists, MT2 may refer the client back to MT1,
asking him or her to address these issues directly. MT2 may also ask the client’s
permission to confer with the MT1. If the client is unwilling to do this, it may be
risky for MT2 to accept him or her as a client.
A music therapist (MT 1) may refer a client to another music therapist (MT2)
for a consultation or assessment. In these cases, MT2 may not accept this client for
more than the original purpose, i.e., consultation or assessment, and may not enter
into a therapeutic relationship with him or her.
If music therapists are asked to make referrals for clients to a music therapist
in another location, they should do so with the client’s best interest in mind. They
may refer the client to someone they know is competent, or they may rely on the
professional directory to identify names of credentialed therapists. It either case,
because the choice and potential effectiveness of a therapist are highly personal
matters and are influenced by many factors, it is important to warn the potential
client that there are no guarantees for success in the referrai. In making referrals, the
therapist puts his or her own reputation and credibility on the line, so referrals
should be done thoughtfully, carefully and with the appropriate caution conveyed
to clients (Koocher & Keith-Spiegel, 1998).
Sexual Harassment
the behavior occurs. There are differences between what men and women may
Judge as unacceptable behaviors (Koocher & Keith-Spiegel, 1998).
“Gender harassment” is another type of abuse involving statements directed
at one’s sex, but not at individuals specifically (Fuller, 1979). Not all types of
gender-directed behavior can be considered harassing, however, those behaviors
which result in humiliation, discomfort, exclusion, or ridicule, or that are intended
to keep members of one sex in a subordinate position may potentially be considered
so (Koocher & Keith-Spiegel, 1998).
The AMTA Code (1999) protects individuals who have filed a sexual
harassment charge or who are the recipient of such a charge. Music therapists are
obligated to afford these individuals respect and dignity, and to not base their
decisions on this factor. For example, decisions regarding admission to a graduate
program, employment, tenure, promotion, etc. may not be influenced by this status.
DeAngelis (1991) recommends that before making a statement or engaging
in a particular behavior, therapists ask themselves if they would feel comfortable
in doing so if the recipient were a supervisor. If there is any hesitation, the intended
statement or behavior is likely inappropriate.
Music therapists should be particularly sensitive to and make every effort
to avoid and prevent both subtle and overt forms of sexual or gender harassment.
Letters of Recommendation
applicant, he or she may opt to write a non-committal letter, stating only factual
information about the applicant, e.g., length of time employed, position,
responsibilities, etc. In a similar manner, the therapist may not assume that negative
comments made in a phone conversation will not eventually be disclosed to the
applicant.
If negative information needs to be conveyed, this information should be
presented in a most factual and concrete manner, devoid of personal opinion. It is
then up to the recipient how to use and act upon this information. Furthermore, this
information should have been shared with the applicant in the past, and should not
represent a surprise to him or her (Koocher & Keith-Spiegel, 1998).
In writing letters of recommendations, music therapists are often caught in
a conflict of loyalties to the applicant versus the profession. For example, does the
therapist have the primary responsibility to an employee who is applying for
graduate studies or to the university involved? Could it be that these studies would
help the employee improve his or her skills and become a better professional? Or
should the music therapist’s allegiance be to the profession? Is it responsible to
recommend someone for graduate training who may not ultimately be suitable for
professional work? There is no easy answer to this conflict. |
Being asked to write letters of recommendation for employees or coworkers
with some questionable attributes often presents another interesting
personal/professional conflict for music therapists: if the music therapist does not
recommend the person for another position, he or she may likely be stuck with this
person indefinitely! Although there is humor in this dilemma, it is indeed one that
requires a careful consideration of allegiances.
Music therapists may be asked by several employees, students, or coworkers
applying for the same position to provide them each with a letter of
recommendation. This can present a difficult situation for the music therapist in
light of the fact that the same recipient/employer will receive several letters from
the same referee concerning different individuals. This certainly is a situation where
the referee can misuse his or her power by recommending most highly the person
he or she thinks should get the job, creating a clear disadvantage for the other
applicants requesting letters. On the other hand, the music therapist may lose his or
her credibility with the recipient if all candidates receive outstanding letters of
recommendation. In a sense, they will cancel each other out, and not permit the
recipient to discriminate among these applicants. The music therapist has at least
several options in this situation: to write carefully crafted letters describing the
attributes of each candidate and avoiding the recommendation of one over the other;
limiting the number of letters written, e.g., for the first person who asks; or refusing
to write any letters whatsoever.
Failing to provide a letter in a timely fashion, or not supplying a letter at all,
if one has agreed to do so, is another ethical problem. In essence, this is a passive.
way of assuring that a person will not be considered for a position, whether the
evaluation is positive or negative. The applicant may never be informed that his or
her file is incomplete in time to request a letter from another referee, or the recipient
may assume that the lack of response was due to the applicant’s questionable
eeh
abilities. In any case, this practice is cruel and punishing to the applicant. If the
referee is too busy to write a letter, he or she should say so when asked for one,
rather than inadvertently sabotaging the applicant’s chances. Applicants who are
students or supervisees may be uncomfortable in “bugging” the therapist for the
letter. Therapists always have the ethical right to refuse to write a letter of
recommendation for various reasons; however, once a commitment has been made,
it is unethical not to do so according to the designated time lines (Koocher & Keith-
Spiegel, 1998).
Individuals/employers/institutions who are advertising to fill a position may
not contact individuals who may know the applicant unless the applicant has
authorized them to do so, e.g., through a list of potential references. It has been
recently observed that potential employers, graduate school faculty or universities
may take the liberty to contact their friends or professional colleagues who may be
familiar with the applicant without authorization to do so. For example, music
therapy search committee faculty at one university may feel justified in contacting
music therapy faculty at an applicant’s university to inquire about his or her
professional competence, even if these colleagues have not been specifically listed
as references for the applicant. This practice is highly controversial and potentially
unethical. Obviously, this can be an uncomfortable and damaging situation for the
applicant, who may not have informed his employing institution that he or she has
applied for a position elsewhere. Moreover, if the applicant does not get the job
offer or refuses the job offer, the fact that he or she has applied for another position
remains.
Music therapists certainly have the right to apply for other jobs even when
currently employed, and there is no ethical obligation to inform employers of this
unless another position is accepted. At that point, it becomes an ethical obligation:
to inform his or her employer of this fact, to give the employer sufficient time to
hire another music therapist, to cooperate fully in the search process if needed, and
to provide for a smooth transition.
Responsibilities to Employers
therapist’s employing agency. Some clients may want to continue music therapy
services privately following discharge from a facility. Any such arrangements with
clients need to be approved by the facility (AMTA, 1999; CAMT, 1998).
However clear and direct these responsibilities to employers may appear,
there can be conflicts which arise between these and other ethical responsibilities
of music therapists, for example to clients. Several of these conflicts are described
in this section, although this discussion is by no means complete or comprehensive.
The most common ethical conflicts may occur when responsibilities to abide
by the policies, procedures and regulations of employers are contrary to the needs
of the music therapist’s clients. There are a number of examples. Music therapists
may feel that their client case loads or schedules are inappropriately heavy or
restrictive, and they are not able to deliver optimal services to clients. Music
therapists may feel that they do not have sufficient time for documentation. Music
therapists may object to treatment priorities and additional services provided (or not
provided) to clients. Music therapists may be in conflict with the treatment
philosophy or orientation of the facility. Music therapists may object to clients’
discharge policies resulting from managed care regulations, etc., etc. In some cases,
the policies of the employer may be in direct conflict with the music therapist’s
code of ethics. In other cases, music therapists may feel the need to advocate for
clients, perhaps actively opposing the employer’s policies.
When these conflicts occur, the music therapist has the responsibility to
address these issues with the employer. Sometimes, the conflict can be resolved
easily and readily. Sometimes, an adversarial situation is created, and the music
therapist may be put in the difficult position of potentially risking his or her job.
When clients’ needs and rights are involved, the decision must be made as to
whether it is in their best interest for the music therapist to lose his or her
employment. Can the music therapist work within the system, maintaining his or her
employment and still effect the needed changes? There are no easy answers, and the
process of ethical thinking will indeed be required.
Although rare and extreme, there may be situations where the music
therapist may need to contact external agencies to solve the problem, in other
words, to engage in “whistle-blowing.” In these cases, music therapists must need
to consider how complete and accurate their information is concerning the situation
and practices, the potential harm of these practices, the extent to which they can
resolve the problem within the system, and the rules, laws and ethical principles
violated if the music therapist either reports the situation or does not report the
situation. Once a decision has been made to report the situation to external agencies,
the music therapist must decide how this should be done (e.g., anonymously or
overtly), and whether the music therapist should resign from his or her position
before doing so. The music therapist should also attempt to anticipate responses
from the employer and the external agency as well as the potential results to be
achieved (Nader, Petkas & Blackwell, 1972).
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As Association members:
Chapter Summary
3. Music therapists in private practice may not accept clients for treatment who are
receiving music therapy from another professional. Furthermore, music therapists
may not solicit private clients of another therapist for his or her own practice.
5. Music therapists who are asked to write letters of recommendation for colleagues,
employees, supervisees, etc., may be faced with a number of ethical dilemmas.
Realizing that the letters they write may ultimately be seen by applicants, it is
necessary to include factual information in these letters. Conflicts may exist
regarding loyalties to applicants versus the profession.
Ethical Dilemmas
1. Olga and Stephanie, two music therapists working at a psychiatric facility, co-
lead group sessions. They begin to have serious personal conflicts. Olga has been
very critical of Stephanie, and the two barely speak to each other. Their lack of
231
3. Nina, amusic therapy intern, becomes the sounding board for discontented music
therapists at her facility. The therapists are displeased with the working situation
and the administration.
6. Cynthia works as a music therapist in a nursing home and is also completing her
master’s degree at a nearby university. She is doing the testing for her thesis during
the weekends. Cynthia borrows the nursing home's CD player, electronic keyboard
and guitar on Friday evenings and returns them on Monday morning.
7. Silvia, a music therapist in private practice, works with Melissa, an adult client
who has cancer. Silvia uses a variety of music improvisation approaches in
therapy. Melissa is benefitting from her work with Silvia, but also wants to try GIM.
Melissa explores GIM practitioners in the area. She asks Silvia for advice on
whether she should pursue GIM with Walter, a GIM fellow. Silvia knows Walter,
but has little respect for his GIM work.
contends that direct contact with clients is much more important than writing about
them.
10. Dale, a psychologist, is the Clinical Director at the psychiatric facility where
Amy, a music therapist is employed. Amy is a lovely, energetic woman and Dale,
her supervisor, often arranges for meetings alone with her in his office. He
occasionally teases her about her figure and “jokingly” mentions he would like to
date her. He also frequently comments and teases about his sex life.
11. Kelly works as a music therapist in a psychiatric facility which has no air
conditioning. Because the temperature in her music therapy office is so
uncomfortable during the summer, Kelly often wears shorts, halter tops, and similar
types of summer wear to work.
12. Belinda, a music therapist and former supervisor of Sean, receives a request for
a letter of recommendation from an employer to whom Sean has applied for a job.
Belinda is surprised by this request because Sean never asked her in advance to
provide such a letter. Belinda was not at all pleased with Sean’s work when she was
his supervisor. In fact, after his initial six-month probationary period had come to
an end, she was forced to dismiss him. Belinda decides to write a non-committal
letter to the employer, stating only the fact that Sean had been employed and the
dates of the employment. Several weeks later, Sean calls Belinda and threatens her
with a lawsuit because she had defamed his character.
13. Lucy is a music therapy internship supervisor and the only music therapist
employed at her facility. Duane, her intern, has completed three months of his
clinical training. Lucy applies for and receives a job offer from another facility with
a salary almost twice that of her current salary.
14, Phillip is the Chairperson of the Education Committee for his music therapy
association. He applies for a teaching position at a university that is developing a
new music therapy program. During his interview, he mentions to the search
committee that he is responsible for the association’s review of new university
programs, and assures them of approval ifhe is hired.
3. Role play the following with peers: 1) telling a colleague that you are unable to
provide a letter of recommendation for him or her; 2) discussing with your
supervisor difficulties you are having with his or her policies and how these are
negatively affecting your work, and 3) discussing with team members your
objections to a particular treatment or discharge plan for a client. (You may
certainly add other scenarios). Solicit feedback from your peers, and summarize
general ideas and strategies you have gained from this experience for future
reference.
5. Discuss various practical ways that you can be ethically responsible to: 1)
colleagues, 2) your employer, and 3) your association.
6. Do further research on a topic from this chapter that has captured your interest.
Using relevant books and periodicals, write a short paper and present it to the class.
7. In your course journal, reflect upon your own strengths and weaknesses in
dealing with difficult situations with colleagues, employers, etc. Explore ways to
improve any weaknesses.
ETHICAL THINKING IN
EDUCATION AND SUPERVISION
a=
Ghere are vast numbers of ethical issues related to the area of music therapy
education and supervision, too many to include on any one chapter. However, an
attempt is made here to discuss a number of the more common issues and dilemmas,
with a mention of those that may occur less frequently. The following topics related
to music therapy education programs and clinical training facilities are included:
advertising, admissions, program design and content, faculty and supervisor
competence, dual relationships, experiential training, student evaluation,
confidentiality, and advising. There is indeed some overlap in content between these
two areas, as supervision may occur within the academic setting, and education may
occur within clinically supervised settings. The issue of teaching ethics in both of
these situations is also emphasized.
Definitions
The music therapy codes of ethics do not discuss the topics of advertising
and recruitment with regard to educational and training programs. In spite of this,
the following ideas are offered as to what may constitute both ethical and unethical
program advertising and recruitment practices.
It is ethical to think that catalog and advertising materials describing music
therapy university curricula, continuing education programs and clinical training
facilities should be accurate, current and cautious in their content. For example,
university catalogues should contain details concerning entrance and program
requirements, faculty, clinical/theoretical/research emphases, course requirements
and descriptions, practica/internship requirements, experiential training offered,
musical requirements, research/thesis requirements, and any additional requirements
needed for successful completion of the program. As catalogs represent a contract
between the university and the student, these requirements must be up-to-date and
accurate. For example, a student entering a music therapy graduate program to study
with a particular faculty member should not discover, following matriculation, that
the faculty member retired three years ago. A student entering a clinical training
facility with the desire of working with a specific clinical population should not find
out that opportunities to work with this population are no longer available.
Likewise, course syllabi represent a contract between the professor and
student regarding the expectations and requirements of the course (informed consent
procedure). When there is a large discrepancy between the course description in the
catalog and the course syllabus the first day of class, or a large discrepancy between
what is included in the syllabus and what actually occurs during the course, students
have reason to be frustrated and to complain.
Professors should provide as much detail as possible in the course syllabus
(in writing), including its goals, objectives, requirements (papers, exams, etc.),
books/readings, assignments, course schedule, and policies regarding grades,
absences, etc. The professor should also include his or her office hours, appointment
policy, and phone/e-mail contacts. Specific consent procedures for experiential
training must also be included, and these are discussed in a subsequent section.
Clinical training programs should be accurate in their descriptions of the
clinical experiences available to interns, types of supervision offered and specific
internship requirements. All aspects of the internship, including experiences and
requirements should be disclosed in advance, so that an informed choice can be
made by the student regarding the suitability of this placement for him or her.
Continuing education programs should also be as accurate and current as
possible in their advertising information. Any changes in or alterations to the
programs, e.g., guest speakers, should be communicated to those registered prior to
the program, and an opportunity provided for withdrawal from the program with no
penalty.
Other issues related to advertising concern the degree to which university
programs can be aggressive in their advertising, and how persuasively faculty
members can recruit students. What are the limits to the content of university
ZT
Admissions
goals. At the same time, faculty screen the students to determine if they are suitable
for the program, advising the student of any potential limitations that may interfere
with successful completion of the program.
It is important to stress, however, that students who are blatantly unsuited
for the music therapy program should not be admitted. It is unethical to permit
students entrance to a program when there is only a remote chance that they will be
able to complete it successfully. Given the enormous amount of time, energy and
financial resources university education requires, this is only fair to the student.
Unsuitable students should not be admitted solely to meet enrollment quotas.
Admissions criteria should be applied equally to all students, and admissions
procedures or criteria that are biased or discriminatory in any way are clearly
unethical.
development, and the direct intent of supervisors and educators to provide therapy
for their students. The latter practice is both inappropriate and unethical, as a dual
relationship with the student is intentionally established. The focus of this section,
therefore, is on educational and supervisory experiences that are not directly
intended to be therapy, but which may violate boundaries nonetheless.
There is an inherent conflict of interest between serving as a student’s
educator/supervisor and serving as his or her therapist. Educators/supervisors serve
in an evaluative capacity with regard to the student, and as such have power and
authority over the student. They must assess various competencies of the student,
including cognitive abilities, musical skills, clinical skills, interpersonal skills and
degree of self-awareness. When these competencies are judged to be inadequate,
they have the responsibility of recommending remediation, and when this cannot
be done, the student’s termination from the program may be required. Faculty and
supervisors have the ethical responsibility to protect the profession and public from
incompetent practitioners.
On the other hand, the responsibilities of a therapist to a client involve acting
in his or her best interest, and although there is a power disparity between client and
therapist, the therapist does not have the authority and power over the client in
terms of evaluations, grades, letters of recommendation, etc. In other words, the
therapist does not have the obligation of evaluating the client’s professional
competence and of having influence over his or her career, as is the case in
education/supervision. Further, information obtained from the student as a client of
the educator/supervisor could be potentially used against the student in terms of
evaluation. How then can the student feel safe when he or she enters into a therapy
relationship with an educator/supervisor? It is impossible to do so.
It is important for educators and supervisors to define the goals of
educational experiences and supervision, e.g., skill acquisition, personal growth,
professional development, etc., and to be clear about how this learning will be
implemented. For example, a goal of supervision may be to address the impact of
the music therapist as a person on the therapy process. Supervision then may be
used to help the student to acquire awareness of personal limitations and unresolved
issues that may interfere with his or her work. However, boundaries must be
imposed on this self-exploration, and the focus of supervision should be on the
supervisee’s relationship to the client. Self-exploration should also be limited to an
identification and clarification of issues that warrant exploration. The process of
going into these issues and resolving them within a therapeutic process is
inappropriate in supervision and will most likely create a dual relationship. The
student should be referred to a therapist for this work. Because the boundaries of
educational/supervisory relationships may often be ambiguous, and not as clear cut
as the example above may imply, it is the responsibility of the professor/supervisor
to be continually alert to this potential for duality and to actively and clearly prevent
this from occurring (Herlihy & Corey, 1992).
Aside from the academic and supervisory relationship, professors and
supervisors may be called upon informally by students to give them personal advice
on non-academic topics. The professional should exercise caution in doing this, as
243
a copy to refer to during the course. The informed consent agreement may include
the following information: 1) risks and benefits of participation, 2) options for
participation, how participation may be modified, and how participation is related
or not related to grading procedures, 3) confidentiality precautions for the instructor
and students, 4) boundaries for the content of students’ disclosures, 5) distinctions
between experiential training and therapy, and 6) procedures for referring students
who are in need of personal therapy.
A special mention is made of requirements for written assignments by
students, such as personal logs or journals, that may ask them to record their
personal feelings and reactions. Care should be taken, through informed consent,
to explain to students the purpose of these assignments, boundaries for their content,
how confidentiality will be maintained, etc. Again, grading procedures for these
assignments must not be based on the nature of the student’s self-disclosure.
unable to resist the temptation. These relationships are not generally one-night
stands, but are generally short in duration.
5. Frozen roles. This relationship involves a student and educator/supervisor
who are seeking to preserve the imbalanced roles of power/dependency
characteristic of their teacher/student dynamics. Both parties have been
unsuccessful in previous intimate relationships with persons who were their equals.
Because both are comfortable with these dynamics, these relationships can be
enduring and may result in marriage.
6. Before I realized what was happening. Learning is an emotionally charged
experience, one that can stimulate attraction and transference. Some
professors/supervisors tend to exploit this phenomenon, not adequately respecting
the student’s vulnerability or managing the intensity of the situation. Students can
get lost in the transference and intensity, and this can lead to a gradual or rapid
sexualization of the relationship.
7. The objective and _ fair-minded educator/supervisor. Some
professors/supervisors feel that they are endowed with the power of objectivity, and
distinguished by such powers from their mortal colleagues. They engage in sexual
and/or romantic relationships with students, claiming that their judgment is
unaffected, and that they are still capable of making objective and fair decisions
about the student, e.g., regarding grades, letters of recommendation, assistantships,
etc.
(Pope, et al., 1979). In another survey, 96% of female students who had experienced
sexual relationships or harassment involving faculty indicated that this had been
harmful to them and/or to the faculty involved (Robinson & Reid, 1985). Also,
attitudes towards the sexual relationships appear to become more negative over time
(Glaser & Thorpe, 1986).
(Pope, et al., 1979). In another survey, 96% of female students who had experienced
sexual relationships or harassment involving faculty indicated that this had been
harmful to them and/or to the faculty involved (Robinson & Reid, 1985). Also,
attitudes towards the sexual relationships appear to become more negative over time
(Glaser & Thorpe, 1986).
department, as it may not be possible to predict future roles with the student that
may involve power, authority or evaluation. The same situation exists for faculty
who are considering dating former students. Will their former role involving power,
authority and evaluation come into play in the future with the student? It may be
that the student will need a letter of recommendation from the faculty member for
employment. Or perhaps, the student may decide to return to the university for
graduate studies. These relationships therefore require careful thought and foresight.
Finally, there may be situations where spouses or partners of faculty (or
other family members) decide to enroll for study in programs where the faculty
member teaches. Although these relationships may be pre-existing (i.e., they did not
evolve while the parties were in a student-teacher relationship), they nonetheless
have similar ethical implications. Because of the obvious inherent conflict of
interest and lack of objectivity of the faculty member regarding this particular
student, he or she should avoid any type of evaluative, power or authority
relationship with him or her in the academic setting. The faculty should not allow
the spouse/partner/family member to take his or her courses, and should excuse him
or herself from any departmental decision making role involving the student. Even
when taking these precautions, however, it is not possible to control the possible
biases of other faculty members towards the student, and the faculty member should
be extremely cautious in appearing to exert any pressure on colleagues regarding
grades, special privileges, etc. for the student. Needless to say, both faculty and
student will be in an awkward situation that should be handled very cautiously.
Student Evaluations
Confidentiality
One of the music therapy codes states that faculty and supervisors must
respect the confidentiality of the student with regard to his or her progress, sharing
such information only with the appropriate persons. Appropriate persons should be
considered only those who have immediate responsibility for training or evaluating
the student.
Other information about the student obtained by the faculty or supervisor
through the course of their interactions in class or in private discussion should be
maintained as confidential whenever possible. This information should not be
revealed as case materials in lectures or in casual conversations with colleagues or
others. When professors or supervisors must consult with others concerning a
student who is having difficulty, the student’s anonymity should be maintained. In
emergency situations, it may be necessary for the faculty or supervisor to break
confidentiality to protect the student or others (Koocher & Keith-Spiegel, 1998).
Teaching ethics
intent! As the gatekeepers of the profession, they must first model what they intend
to teach.
Where Ethics is Taught and Learned. Data are available concerning how
ethics is taught and learned in academic and clinical training settings. Although
these studies were not conducted recently, and their results may not be
representative of how ethics is taught and learned in academic and clinical training
settings currently, they are national in scope, and they do provide some information
as to how the situation used to be (and may still be).
Dileo-Maranto & Bruscia (1988) asked music therapy educators and
supervisors where music therapy competencies, including ethics, were most
efficiently learned. Results from 37 music therapy educators revealed that ethics is
most efficiently taught in undergraduate courses (60%), practica/internship (28%),
graduate and coursework (12%). Results from 82 internship supervisors revealed
that ethics is most efficiently taught in undergraduate courses (40%),
practica/internship (36%), graduate courses (6%), and on the job (15%). On the
other hand, music therapy clinicians nationwide were asked where they actually
learned ethics. Results from 1,323 clinicians revealed that they learned ethics in
undergraduate coursework (30%), in practica/internship (20%), in graduate
coursework (10%), on the job (30%), and in training outside of a university or job
setting (11%).
Regarding who teaches ethics in the academic program, 72% of educators
reported that ethics is taught by music therapy faculty, 6% by non-music faculty,
and 21% by clinical supervisors. Educators also rated the success with which ethics
was taught as fairly high.
On a scale of 1 (least breadth/depth) to 5 (most breadth/depth), educators
rated the breadth and depth given to their coverage of ethics in their curricula as
2.77 and 2.43 respectively. Using the same scale, clinical supervisors rated the
breadth and depth of their coverage of ethics in clinical training as 3.58 and 3.53
respectively. Clinicians rated their own competence in ethics as 3.68 at the end of
their training, and 4.31 at the time of the survey.
In addition, Dileo-Maranto (1980; 1981c) and Dileo-Maranto & Wheeler
(1984;1986) surveyed all NAMT and AAMT music therapy university faculty to
determine how ethics is taught within the music therapy curriculum (and again,
these may or may not represent current practice). Results showed that ethics is
taught most often as part of another course (rarely as a full course), and that faculty
felt that materials available to teach ethics were insufficient. Faculty reported that
their students were often quite naive to ethical issues prior to instruction, and
recommended that instruction in ethics constitute a greater portion of training. The
breadth of ethical issues faculty emphasized in teaching appeared limited (perhaps
due to time constraints), as one-third of faculty reported that confidentiality was the
main focus of teaching. Faculty rated themselves at least moderately successful in
teaching ethics, and there was no general consensus among respondents concerning
the most difficult area of ethics to teach.
254
Chapter Summary
6. The music therapy codes of ethics acknowledge the responsibility of the educator
or supervisor to evaluate the student’s competencies according to sound educational
practices. Faculty and supervisors must discriminate normal problems from
25,7.
8.There are no current data concerning how music therapy ethics is taught or
learned, and no detailed ethics competencies have yet been developed. However,
ethical thinking involves: the development of empathy, decision-making skills
(versus rule-following), self-awareness of motivation and values, and personal
confidence and assertiveness
Ethical Dilemmas
1. Dr. Martinson, a music therapy professor learns that his music therapy student,
Monica, is having an affair with a colleague, Dr. Clinton, whose course she is
taking.
3. Dr. Mack Kismo, a music therapy professor, often delivers provocative and
controversial lectures to his students. He does not attempt to disguise his feelings
concerning how the field of music therapy is dominated by women, how they leave
the field as soon as they get married and have children, and how male music
therapists are ultimately more qualified to assume university teaching and clinical
administration positions. When challenged on these views, he refers to the existing
data in the field, and also mainiains the right to exercise his academic freedom in
interpreting and applying these data.
4. Dr. I.M. Intolerant, teaches music therapy at a small college. She is very abrupt
and impatient in her dealings with students. She discourages students from making
contributions in her classes, by using such comments as “Couldn't you think of a
more intelligent question than that?” “That’s the type of response I would expect
from a second-grade child,” “You’re an idiot,”” You don’t belong in music
therapy,” etc.
5. Dr. Connie Cernd has several undergraduate students in her music therapy
program who have personal and emotional limitations and a lack ofself-awareness.
These issues will likely hamper their competence as music therapists.
6. One ofDr. Cernd’s students, Lucy, (from the situation above), asks Dr. Cernd for
a letter of recommendation to a clinical training facility. Lucy cannot obtain an
internship without this recommendation.
258
7. Dr. Intensa, a music therapy professor at a local college, requires all of her
students to enroll in the Music Therapy Methods 3 course. The course is completely
experiential, and students must participate in an ongoing music therapy group for
personal development. Students are “technically” graded on their skills in leading
the group, and on their verbal and interpersonal skills as both leaders and
participants. The course is quite intense, and no consent form for students is used.
In the past, students who have taken this course and who did not work “in-depth”
on their personal issues, received poor grades. In fact, other students jokingly
remark that “grades are based on the number of tissues you use during the course.”
9. Bessie, a master’s student and music therapy intern at a facility for the
developmentally disabled, disagrees with the methods used by her supervisor, Ruth
(a bachelor’s level therapist). Their theoretical orientations are totally different,
and Bessie feels that her training and skills are more sophisticated that Ruth’s.
What’s more, Bessie feels that Ruth is condescending in her approach to clients
both verbally and musically. Ruth tells Bessie that unless she does as she’s told, she
will never pass her internship.
10. Dr. Studman, a music therapy professor, and his graduate assistant, Gloria have
worked very closely for two years. Gloria has assisted Dr. Studman in teaching his
classes, has helped him with his research, and has even done personal errands for
him. They have also become very good friends, and see each other frequently for
meals, drinks, etc. outside of campus. They call each other with their personal
problems, and Gloria even stays in Dr. Studman’s house when he attends
conferences. Gloria is quite enamored with Dr. Studman and would like to pursue
a romantic relationship with him. She will be graduating in a few months, and
hopes that they can begin this relationship as soon as she completes her studies.
1], Ally, a music therapist, interviews for two music therapy graduate programs in
the same locale. She is undecided about which one will better meet her needs.
During the interview, she asks each faculty member for information about his or her
own program. She then asks him/her to comment on the other graduate program she
is considering. She assumes that because the schools are close in proximity, the
faculty know each other's programs very well, and it would be good to get an
objective opinion.
1. Consider what types of information about academic music therapy programs and
music therapy clinical training programs would be most valuable for you to have
Pe
2. How do you think academic and clinical training programs can ethically screen
students for admission? What criteria may be used?
3. Reflect upon the use of experiential methods in music therapy education and
supervision. Do you feel these are valuable tools for learning?
4. In your course journal, reflect upon what you would need from an experiential
course to derive the most benefits in terms of personal awareness and development,
and also in terms of music therapy skills.
5. Write a “mock” student consent form for an experiential training course. Include
in it what you would need personally (from #4 above). Discuss this with your
classmates, and perhaps also with your music therapy faculty.
6. In your course journal, reflect upon the type of feedback you need from faculty
and clinical supervisors that would most help you grow, both personally and
professionally, when you experience difficulties in your training program. Be as
specific as possible. Keep these ideas and add to them from time to time. If you do
experience difficulties in the future, they will be there to help you ask for what you
need. You may also want to have a discussion on this topic with your classmates
and faculty/supervisor. Input to faculty from students concerning their needs within
the program is often invaluable.
7. Think about the issue of dual relationships in education and supervision. Are
there dual relationships that seem to you to be more or less risky than others? What
boundaries should be implemented for both parties to avoid risky dual
relationships? What boundaries do you implement (or need to implement) to avoid
these risks?
8. Reflect upon what it might mean for you to be “an exemplary model of ethical
conduct” for the students you may supervise or teach in the future. What are the
implications for you in the present if you aspire to this?
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12
threatening. The encounter should take place ina professional setting that protects
privacy and confidentiality (Koocher & Keith-Spiegel, 1998).
7) The therapist should prepare for the meeting so that he or she can
maintain a sense of calm and confidence, even in the face of the colleague’s
potentially intense reactions. It is helpful for the therapist to assume as
nonthreatening a stance as possible, avoiding righteousness, and a moralistic
approach. For example, the therapist may expression concern or confusion and ask
for clarification on the problem, allowing the colleague ample time to offer an
explanation for his or her behavior (Koocher & Keith-Spiegel, 1998).
8) The tone of the conversation should be both constructive and educative.
The therapist may attempt to establish a partnership with the colleague so that they
may confront the situation together. The therapist should avoid a vertical,
accusatory or judgmental posture (Koocher & Keith-Spiegel, 1998).
9) The therapist should describe his or her ethical responsibilities in the
situation, and should be prepared to state his or her concerns for the ethical
standards that have been violated, if necessary. Directness, openness and honesty
are important, and the therapist should not attempt to trick the colleague into an
admission or to play detective (Koocher & Keith-Spiegel, 1998).
10) The therapist should assess his or her relationship with the colleague. Is
the colleague a subordinate or superior, a friend or an adversary, or someone the
therapist knows well or not at all? The approach taken with the colleague is often
directly related to the nature of the existing relationship, or lack thereof. If the
colleague is a friend, the confrontation may be more comfortable, as a caring
relationship may already exist. Although, the therapist who confronts may indeed
jeopardize the friendship, however, if the therapist acts in and conveys good faith
to help the colleague, the friendship will likely survive. If the therapist does not
know the colleague, the confrontation will likely become more formal, although
caring and concern may still be expressed. If the confrontation is with an adversary,
and no confidentiality issues regarding the violation are involved, the therapist may
ask another party to deal with the confrontation or to be present at the time. Because
emotional issues such as anger, revenge, etc. may come into play, care should be
taken so that the confrontation does not become a personal vendetta. If the therapist
is confronting the individual on behalf of another person, the therapist must be
honest regarding his or her indirect knowledge of the situation and his or her reason
for intervening, e.g., on behalf of a student. Following the meeting, the therapist
may want to arrange a meeting with all persons present, and may agree to mediate
such an encounter (Koocher & Keith-Spiegel, 1998).
11) If the colleague becomes extremely agitated, abusive, aggressive or
threatening, the therapist should stay grounded and attempt to redirect the colleague
to a calmer state. If the behavior persists or if the therapist feels unsafe in the
situation, he or she may suggest that the discussion be postponed until a later time
and that the colleague contact him or her within a certain time frame. If the
colleague does not contact the therapist for another meeting, the therapist may need
to pursue additional or more formal action. Consultation with an expert colleague
would be helpful prior to filing formal charges. If charges are filed, the colleague
265
Many recommendations for ethical behavior have been made throughout this
text. As a summary, the following recommendations are offered for day to day
music therapy practice to both prevent and deal with ethical problems. These have
been adapted from the following authors: Canter, Bennett, Jones and Nagy (1996);
Haas and Malouf (1995); Pettifor, 1996; and Pryzwansky and Wendt (1999).
1. Be familiar with the music therapy code of ethics of your association. It is hoped
that you have become more familiar with this code in solving the ethical dilemmas
presented in this text. However, it is important to keep the code handy and refer to
it often. As the music therapy codes of ethics may be revised, become familiar with
new documents as well.
2. Become familiar with federal laws and state regulations which are applicable to
music therapy practice. Identify an attorney who may be available to you and
provide consultation when difficult or crisis situations arise.
3. Be familiar with the rules, regulations and policies of your employer. Remain
alert to any rules, etc. which may conflict with the ethical standards of the music
therapy profession, and inform employers of these conflicts in advance. Prevention
of such conflicts can greatly enhance your work situation.
5. Engage in efforts to enhance your own self-awareness. This can occur through
personal therapy, supervision and/or consultation. Keep a journal of your thoughts
and feelings, particularly with regard to the clients you see. Pursue options for self-
care that are most meaningful and relevant to your own needs, as discussed in
Chapter 3. Work actively to deal with excessive stress.
7. Develop a peer support network, particularly if you feel isolated in your work.
Among peers, you can have opportunities to share clinical experiences, strategies,
techniques, concerns and information. Peers can also provide opportunities for
supervision.
267
8. Maintain a list of professionals with whom you may consult for expert advice on
ethics, such as members of your association’s ethics committee, former faculty
members or supervisors, etc. Use them for advice and feedback!
9. Identify when there is the potential for an ethical problems, and remain aware of
your blind spots, biases, weaknesses, limits and vulnerabilities. Develop skill in
applying a model for ethical problem-solving, such as the one presented in Chapter
Chapter Summary
1. The music therapist is at all times responsible for his or her ethical behavior or
lack thereof. At the same time, music therapists have a responsibility to monitor the
behavior of their professional music therapy peers or co-workers, students, interns
and employees. Therapists should be aware of characteristics that may predispose
persons to act unethically.
3. When informal attempts to resolve the ethical violation are unsuccessful, the
music therapist may use more formal procedures, i.e., the filing of a formal charge
against the person. Associations each have their own detailed procedures for how
this process is handled.
1. Select a variety of ethical dilemmas from the previous chapters of the book, and
make a decision about whether and how the music therapist involved (or his or her
colleague) could implement informal attempts at resolving the ethical problem. If
informal attempt are not advisable, state the reasons why.
2. Role play with a peer a confrontation with a colleague for an ethical violation
(you may use a particular situation provided in the book). Go through the guidelines
provided in this chapter, and receive feedback on how you handled the situation.
3. Read through the procedures given in the music therapy codes for attempting
formal resolutions of ethics violations. What are your reactions to these procedures?
Compare these procedures with those provided in ethics codes of related
268
professions.
4. Read through the list of characteristics that may predispose individuals to acting
unethically. Take a hard look at yourself to examine if you may have any of these
characteristics.
5. Based on what you have learned in this ethics course, you may have additional
suggestions to be included in the section, “A Model for Ethical Practice.” Discuss
these with your classmates.
6. In your course log, reflect upon your strengths, weaknesses, feelings, etc. in
handling informal and formal resolutions to ethical violations. Are there specific
strengths you may have in dealing with these confrontations? Are there specific
feelings or weaknesses you can identify which may prevent you from doing so if the
situation required it? Explore possible options for addressing these feelings and/or
weaknesses.
7. Develop your own plan of action for preventing and dealing with ethical
problems in the future (you may want to use the list of suggestions as a guideline)
as well as your course logs.
8. In a short paper, summarize the most important things you have learned about
ethics and yourself in this course, using your course logs as a starting point.
9. Go back to the beginning of the book and the first ethical dilemmas presented in
Chapter 1. Provide solutions to these problems again. No matter what solution you
provide the second time around, reflect on how your process for solving the
problem may have changed as a result of having studied ethics.
10. Define what ethical thinking means for you at this point in your career. What
implications may ethical thinking have for you in the future?
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286
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APPENDIX: CODES OF ETHICS
AMERICAN MUSIC THERAPY ASSOCIATION CODE OF ETHICS
Preamble
The members of the American Music Therapy Association, Inc. hereby recognize and publicly
accept the proposition that the fundamental purposes of the profession are the progressive
development of the use of music to accomplish therapeutic aims and the advancement of training,
education, and research in music therapy. Our objectives are to determine and utilize music
therapy approaches that effectively aid in the restoration, maintenance, and improvement in
mental and physical health. To that end, we believe in the dignity and worth of every person. We
promote the use of music in therapy, establish and maintain high standards in public service, and
require of ourselves the utmost in ethical conduct.
This Code of Ethics is applicable to all those holding the MT-BC credential or a professional
designation of the National Music Therapy Registry and professional membership in the
American Music Therapy Association. We shall not use our professional positions or
relationships, nor permit ourselves or our services to be used by others for purposes inconsistent
with the principles set forth in this document. Upholding our right to freedom of inquiry and
communication, we accept the responsibilities inherent in such freedom: competency, objectivity,
consistency, integrity, and continual concern for the best interests of society and our profession.
Therefore, we collectively and individually affirm the following declarations of professional
conduct.
1.0 Professional Competence and Responsibilities
1.1 The MT will perform only those duties for which he/she has been adequately trained, not
engaging outside his/her area of competence.
ee The MT will state his/her qualifications, titles, and professional affiliation(s) accurately.
13 The MT will participate in continuing education activities to maintain and improve
his/her knowledge and skills.
1.4 The MT will assist the public in identifying competent and qualified music therapists and
will discourage the misuse and incompetent practice of music therapy.
LD The MT is aware of personal limitations, problems and values that might interfere with
his/her professional work and, at an early stage, will take whatever action is necessary
(i.e., seeking professional help, limiting or discontinuing work with clients, etc.) to
ensure that services to clients are not affected by these limitations and problems.
1.6 The MT respects the rights of others to hold values, attitudes, and opinions that differ
from his/her own.
Neel The MT does not engage in sexual harassment (as defined by U.S. law).
1.8 The MT accords sexual harassment grievants and respondents dignity and respect, and
does not base decisions solely upon their having made, or having been the subject of,
sexual harassment charges.
1:9 The MT practices with integrity, honesty, fairness, and respect for others.
1.10 The MT delegates to his/her employees, students, or co-workers only those
responsibilities that such persons can reasonably be expected to perform competently on
the basis of their training and experience. The MT takes reasonable steps to see that such
persons perform services competently; and, if institutional policies prevent fulfillment of
this obligation, the MT attempts to correct the situation to the extent feasible.
2.0 General Standards
zl The MT will strive for the highest standards in his/her work, offering the highest quality
of services to clients/students.
2.2 The MT will use procedures that conform with his/her interpretation of the Standards of
Clinical Practice of the American Music Therapy Association, Inc.
Z.3 Moral and Legal Standards
2.3.1 The MT respects the social and moral expectations of the community in which
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he/she works. The MT is aware that standards of behavior are a personal matter
as they are for other citizens, except as they may concern the fulfillment of
professional duties or influence the public attitude and trust towards the
profession.
2.3.2. The MT refuses to participate in activities that are illegal or inhumane, that
violate the civil rights of others, or that discriminate against individuals based
upon race, ethnicity, language, religion, marital status, gender, sexual
orientation, age, ability, socioeconomic status, or political affiliation. In
addition, the MT works to eliminate the effect on his or her work of biases
based upon these factors.
Relationships with Clients/Students/Research Subjects
The welfare of the client will be of utmost importance to the MT.
The MT will protect the rights of the individuals with whom he/she works. These rights
will include, but are not limited to the following:
-right to safety;
-right to dignity;
-legal and civil rights;
-right to treatment;
-right to self-determination;
-right to respect; and
-right to participate in treatment decisions.
33 The MT will not discriminate in relationships with clients/students/research subjects
because of race, ethnicity, language, religion, marital status, gender, sexual orientation,
age, ability, socioeconomic status or political affiliation.
3.4 The MT will not exploit clients/students/research subjects sexually, physically,
financially or emotionally.
35 The MT will not enter into dual relationships with clients/students/research subjects and
will avoid those situations that interfere with professional judgment or objectivity (e.g.,
those involving competitive and/or conflicting interests) in their relationships.
3.6 The MT will exert caution in predicting the results of services offered, although a
reasonable statement of prognosis and/or progress may be made. The MT will make only
those claims to clients concerning the efficacy of services that would be willingly
submitted for professional scrutiny through peer review, publication in a professional
journal, or documentation in the client’s record.
nt The MT will offer music therapy services only in the context of a professional
relationship and in a setting which insures safety and protection for both client and
therapist. The MT will avoid deception in representations of music therapy to the public.
3.8 The MT will inform the client and/or guardian as to the purpose, nature, and effects of
assessment and treatment.
39 The MT will use every available resource to serve the client best.
3.10 The MT will utilize the profession’s Standards of Practice as a guideline in accepting or
declining referrals or requests for services, as well as in terminating or referring clients
when the client no longer benefits from the therapeutic relationship.
3.11 In those emerging areas of practice for which generally recognized standards are not yet
defined, the MT will nevertheless utilize cautious judgment and will take reasonable
steps to ensure the competence of his/her work, as well as to protect clients, students and
research subjects from harm.
3.12 Confidentiality
3.12.1 The MT protects the confidentiality of information obtained in the course of
practice, supervision, teaching and/or research.
3.12.2 Confidential information may be revealed only under the following
circumstances:
a. when under careful deliberation, it is decided that society, the client, or other
individuals appear to be in imminent danger. In this situation, information may
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8.1 The MT establishes a precise agreement with research subjects prior to their participation
in the study. In this agreement, the responsibilities and rights of all parties are explained,
and written consent is obtained. The MT explains all aspects of the research that might
influence the subject’s willingness to participate, including all possible risks and benefits.
The MT will avoid any deception in research.
8.2 Participation of subjects in music therapy research will be voluntary. Appropriate
authorization will be obtained both from the subjects involved (or specified guardians)
and the facility. The subject is free to refuse to participate or to withdraw from the
research at any time without penalty or loss of services.
8.3 The MT is ultimately responsible for protecting the welfare of the research subjects, both
during and after the study, in the event of aftereffects, and will take all precautions to
avoid injurious psychological, physical, or social effects to the subjects.
8.4 The MT will store research data in a secure location accessible only to the researcher.
The researcher will determine a set period of time after completion of the study by which
all research data must be shredded or erased.
8.5, The MT will be competent in his/her research efforts, being cognizant of his/her limits.
8.6 The MT will present his/her findings without distortion and in a manner that will not be
misleading.
8.7 Publication Credit
8.7.1 Credit is assigned only to those who have contributed to a publication, in
proportion to their contribution.
8.7.2. Major contributions of a professional nature made by several persons to a
common project will be recognized by joint authorship.
8.7.3. Minor contributions such as editing or advising, will be recognized in footnotes
or in an introductory statement.
8.7.4 Acknowledgment through specific citations will be made for unpublished as
well as published material that has directly influenced the research or writing.
8.7.5 The MT who compiles and edits for publication the contribution of others will
publish the symposium or report under the title of the committee or symposium,
with the therapist’s name appearing as chairperson or editor among those of the
other contributors or committee members..
Fees and Commercial Activities
The MT accepts remuneration only for services actually rendered by himself or herself or
under his or her supervision and only in accordance with professional standards that
safeguard the best interests of clients and the profession.
The MT will not take financial advantage of a client. The MT will take into account the
client’s ability to pay. Financial considerations are secondary to the client’s welfare.
Private fees may not be accepted or charged for services when the MT receives
remuneration for these services by the agency.
No gratuities, gifts or favors should be accepted from clients that could interfere with the
MT’s decisions or judgments.
Referral sources may not receive a commission, fee, or privilege for making referrals
(fee-splitting).
The MT will not engage in commercial activities that conflict with responsibilities to
clients or colleagues.
The materials or products dispensed to clients should be in the client’s best interest, with
the client’s having the freedom of choice. The MT will not profit from the sale of
equipment/materials to clients. Charges for any materials will be separate from the bill
for services.
10.0 Announcing Services
10.1 The MT will adhere to professional rather than commercial standards in making known
his or her availability for professional services. The MT will offer music therapy services
only in a manner that neither discredits the profession nor decreases the trust of the
public in the profession.
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PREAMBLE
The CBMT is a nonprofit organization which provides board certification and
recertification for music therapists. The members of the Board of Directors comprise a diverse
group of experts in music therapy. The Board is national in scope and blends both academicians
and clinicians for the purpose of establishing rigorous standards which have a basis in a real world
ractice,
‘ The CBMT recognizes that music therapy is not best delivered by any one sub-specialty
or single approach. For this reason, the CBMT represents a comprehensive focus. Certification is
offered to therapists from a wide variety of practice areas, who meet high standards of the Practice
of Music Therapy. To the extent that standards are rigorously adhered to, it is the aim of the
CBMT to be inclusive, and not to be restrictive to any sub-specialty.
Maintenance of board certification will require the adherence to the CBMT Code of
Professional Practice. Individuals who fail to meet these requirements may have their certification
suspended or revoked. The CBMT does not guarantee the job performance of any individual.
i: ELIGIBILITY FOR CERTIFICATION OR RECERTIFICATION
As a condition of eligibility for and continued maintenance of any CBMT certification,
each candidate or certificant agrees to the following:
1. Compliance with CBMT standards, Policies and Procedures
No individual is eligible to apply for or maintain certification unless in
compliance with all the CBMT standards, policies, and procedures. Each
individual bears the burden for showing and maintaining compliance at all
times. The CBMT may deny, revoke, or otherwise act upon certification or
recertification when an individual is not in compliance with all the CBMT
standards, policies and procedures. Nothing provided herein shall preclude
administrative requests by the CBMT for additional information to supplement
or complete any application for certification or recertification.
2. Complete Application
The individual shall truthfully complete and sign an application in the form
provided by the CBMT, shall provide the required fees and shall provide
additional information as requested. The individual shall notify the CBMT
within sixty (60) days of occurrence of any change in name, address, telephone
number, and any other facts bearing on eligibility or certification (including but
not limited to: filing of any criminal charge, indictment, or litigation;
conviction; plea of guilty; plea of nolo contender; or disciplinary action by a
licensing board or professional organization), A candidate or certificant shall
not make and shall correct immediately any statement conceming the
candidate’s or certificant’s status which is or becomes inaccurate, untrue, or
misleading.
All references to “days” in the CBMT standards, policies and procedures shall
mean calendar days. Communications required by the CBMT must be
transmitted by certified mail, return receipt requested, or other verifiable
methods of delivery when specified. The candidate or certificant agrees to
provide the CBMT with confirmation of compliance with the CBMT
requirements as requested by the CBMT.
3. Property of the CBMT
The examinations and certificates of the CBMT, the name Certification Board
for Music Therapists, and abbreviations relating thereto are all the exclusive
property of the CBMT and may not be used in any way without the express
prior written consent of the CBMT. In case of suspension, limitation,
revocation, or resignation from the CBMT, or as otherwise requested by the
CBMT, the individual shall immediately relinquish, refrain from using, and
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following the hearing or review and any briefing. The decision shall
contain factual findings, conclusions of law and any sanctions applied.
It shall be mailed promptly by certified mail, return receipt requested,
to the candidate or certificant.
E. APPEAL PROCEDURES
iP, If the decision rendered by the Disciplinary Hearing Committee finds
that the allegations are not established, no further action on the appeal
shall occur and the individual shall be notified.
2s If the decision rendered by the Disciplinary Hearing Committee is not
favorable to the candidate or certificant, the candidate or certificant
may appeal the decision to the CBMT Board of Directors by
submitting a written appeals statement within thirty (30) days
following receipt of the decision of the Disciplinary Hearing
Committee. CBMT may file a written response to the statement of the
candidate or certificant.
2 The CBMT Board of Directors by majority vote shall render a decision
on the appeal without oral hearing, although written briefing may be
sumbitted by the candidate or certificant, and CBMT.
4, The decision of the CBMT Board of Directors shall be rendered in
writing following receipt and review of any briefing. The decision shall
contain factual findings, conclusions of law and any sanctions applied
and shall be final. (Available sanctions are set out in Section VI. 1-8
below.) The decision shall be transmitted to the candidate or certificant
by certified mail, return receipt requested.
VI. SANCTIONS
Sanctions for violation of any CBMT standard set forth herein or any other CBMT
standard, policy or procedure may include one or more of:
l. Exoneration;
a Mandatory remediation through specific education, treatment, and/or
supervision;
3; Written reprimand to be maintained in certificant’s permanent file;
4. Suspension of board certification with the right to re-apply after a
specified date;
5 Denial or suspension of eligibility;
6. Non-renewal of certification;
Ue Revocation of certification;
8 Other corrective action.
The individual releases, discharges, and exonerates CBMT, its officers, directors,
employees, committee members and agents, and any other persons for any action taken
pursuant to the standards, policies, and procedures of the CBMT from any and all
liability, including but not limited to liability arising out of (i) the furnishing or
inspection of documents, records and other information and (ii) any investigation and
review of application or certification made by the CBMT.
X. RECONSIDERATION OF ELIGIBILITY AND REINSTATEMENT OF
CERTIFICATION
If eligibility or certification is denied or revoked, eligibility of certification may be
reconsidered on the following basis:
A. in the event of a felony conviction directly related to music therapy practice or
public health and/or safety, no earlier than seven (7) years from the exhaustion
of appeals or release from confinement, whichever is later,
B. in any other event, no earlier than five (5) years from the final decision of
ineligibility or revocation.
In addition to other facts required by the CBMT, such an individual must fully set forth
the original circumstances of the decision denying eligibility or revoking certification as
well as all current facts and circumstances since the adverse decision relevant to the
reconsideration of eligibility or the reinstatement of certification. When eligibility has
been denied because of felony conviction, the individual bears the burden of
demonstrating by clear and convincing evidence that the individual has been rehabilitated
and does not pose a danger to others.
Adopted: February 8, 1997; Effective date: January 1, 1998; Revised: February 7, 1998
Sok OW ok oka EERE EEA AER ERA EEK EEE EERE REE ERA REESE ERE EERE EE
A. PREAMBLE
The World Federation of Music Therapy strongly urges each member association to
develop its own codes of ethical standards for professionals. This process also involves defining
in each respective country the definition of music therapy and the designation of professionals to
whom this code applies.
This document has been developed to provide guidelines for the development of
professional codes of ethics.
B. RESPONSIBILITIES TO THE CLIENT
The welfare of the client is of utmost concern and responsibility for the music therapist.
In offering music therapy services to clients, the following principles should be upheld:
iy The music therapist respects the rights and dignity of the client and at all times acts in the
client’s best interest.
2. The music therapist does not discriminate in relationships with clients on the basis of
race, sex, creed, color, national origin, age, sexual orientation, or clinical problem.
3, The music therapist does not exploit the client for sexual, financial or emotional reasons,
nor for personal gain.
4, The music therapist delivers services only in the context of a professional relationship
and in settings which assure safety for the client. The music therapist adheres to the
highest standards of clinical practice.
3 The music therapist assesses both the strengths and weaknesses of the client and
develops appropriate treatment goals to meet client needs; the progress of the client is
continually evaluated.
6. Every available resource is utilized to effect treatment goals.
ee The therapist restricts his treatment to those areas where he or she is adequately trained
305
and does not practice outside of his or her area of competence; qualifications and titles of
the therapist are accurately stated.
The music therapist terminates treatment when the client no longer benefits from
services.
The music therapist protects the confidentiality of the client at all times, including verbal,
written, audio and pictorial information regarding the client.
The music therapist maintains his or her own personal mental and physical health. He or
she monitors any personal limitations which may interfere with the quality of work and
takes whatever actions necessary to ameliorate these.
The music therapist routinely engages in continuing study to maintain and improve
knowledge and skills.
RESPONSIBILITIES TO COLLEAGUES
The music therapist acts with integrity in regard to colleagues in music therapy and other
disciplines.
When a music therapist conducts an initial assessment of a client, he or she shall
ascertain which other therapies the client is receiving, if any, and shall strive to maintain
communication with the therapists involved.
The music therapist does not offer professional services to a person currently receiving
music therapy from another professional except by agreement with the therapist or after
termination of the client’s relationship with that therapist.
The music therapist shall not damage the professional reputation of any other therapists.
RESPONSIBILITY TO THE PROFESSION
The music therapist accepts the responsibility to contribute to the growth of the
profession and professional organization and enhance its standing in the community.
The music therapist attempts to increase the level of knowledge, skills and research
within the profession.
The music therapist distinguishes personal from professional views when acting on
behalf of the association. The music therapist represents the profession only when
authorized to do so.
The music therapist respects the rights, rules, and reputation of the professional
association.
RESPONSIBILITY TO THE COMMUNITY/PUBLIC
The music therapist attempts to increase public awareness of music therapy and
represents the profession accurately.
The music therapist respects the social, legal and moral standards of the community in
which he or she works.
The music therapist assists the public in identifying qualified music therapists.
RESPONSIBILITY TO EMPLOYERS
The music therapist observes the policies of the employer.
The music therapist shall inform the employer of any conditions that may interfere with
the quality of music therapy services.
FEES AND REMUNERATION
The music therapist accepts fees only in accordance with professional standards.
No gifts or favors should be accepted from clients which could compromise a therapist’s
decision or judgment.
RESEARCH
The music therapist protects the welfare of subjects participating in music therapy
research. :
Appropriate authorization from subjects and the facility should be obtained prior to
undertaking research.
Participation in research by subjects is voluntary following an explanation to subjects (or
guardians) of all of the potential risks and benefits possible from participation in the
study. The subject is free to withdraw from the study at any time.
The confidentiality of the subject should be maintained in reporting research results.
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FO OO OIG ICICI IIOIIOIIOI IOI IGG IO IO GIO IOI OI IORI aon gr Rg i ROR ipii kg tok gk ga ak
1, Code of Ethics:
i) A member of the A.P.M.T. in the United Kingdom shall agree in writing to and thereafter abide
by the following code of ethics:
A. A Music Therapist shall always act in the best interests of the client. Among other
things this should include:
1. Refraining from disclosure of confidential information obtained from or
about a particular client except within the multi-disciplinary team responsible
for treatment. Confidential information may be disclosed to students on
placement, but only with the agreement of the relevant authorities (e.g. hospital,
school).
2. Music Therapists should be aware of and agree to abide by their relevant
Area Child Protection Committee (ACPC) Inter-agency Guidelines, as Child
Protection is an important issue for all music therapists regardless of whether
their work routinely brings them into contact with children. Music Therapists
have a duty to pass on information relating to suspected adult to child, or child
to child, abuse and therefore should ensure their adequate training in its
recognition. Music Therapists should read the relevant literature in the APMT
Information Book (pages C.20 and C.21).
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3. Before using any verbal, written or recorded information acquired within the
therapeutic relationship, for the purposes of publication, public presentation or
broadcasting, the nature of the use of such material should be explained to the
client (and/or guardian), and his/her permission obtained. The use of case
material for articles in professional journals would not fall under this clause. In
all cases anonymity should be respected.
4. Maintaining the client relationship on a strictly professional basis.
B. Maintaining communication with doctors and other relevant professionals and
advising them of the nature and progress of treatment.
C. Seeking advice as necessary from other appropriate professionals.
ii. Music Therapist shall ensure that a satisfactory standard of professional competence is
maintained. Among other things this will involve responsibility for:
A. Restricting his/her practice to within the limits of his/her own training and
competence.
B. Undertaking when possible to attend any courses, conferences, lectures, etc., offered
by appropriate organisations in order to extend his/her range of skills and knowledge.
C. Maintaining his/her own musical skills at the highest level of professional
competence.
D. Ensuring he/she receives supervision of his/her clinical practice.
(iii) A. When undertaking private treatment, a Music Therapist should ensure that a referral
from a medical practitioner or from other professionals involved in the treatment of the
client is obtained, unless this is judged to be inappropriate. In all cases, whether in
private practice or other, the therapist should liaise as closely as possible with those
involved in the treatment of the client and a case history should be obtained.
B. Dept. of Health circular hc77 33 Sept. 1977 reads as follows:
In asking for treatment by a therapist, the doctor is clearly asking for the help of another
trained professional, and the profession of medicine and the various therapies differ. It
follows from this that the therapist has a duty and a consequential right to decline to
perform any therapy which his professional training and expertise suggests is actively
harmful to the patient. Equaily the doctor who is responsible for the patient has the right
to instruct the therapist not to carry out certain forms of treatment which he believes
harmful to the patient.(Summary Para.2 (ii)).
(iv) A Music Therapist shall conduct his/her affairs in a satisfactory manner. Among other things
this will include:
A. Maintaining a fitting level of inter-colleague relationship, both within the profession,
with those in other professions and with his/her employer.
B. Refraining from giving treatment whilst under the influence of alcohol or drugs
unless as prescribed by a medical practitioner.
C. Refraining from giving treatment unless mentally and physically fit to do so.
D. Refraining from delegating duties to unregistered persons, except in the case of
Music Therapy students in training, in which case full responsibility must be assumed by
the therapist for that delegation.
E. Refraining from committing any criminal act in the practice of his/her profession.
F. Providing suitable premises and conditions for the treatment of clients.
G. Insuring the clients against all risks while on the therapist's premises. Therapists
working in private practice should have malpractice insurance.
H. Acceptance of the minimum current rate recommended by the A.P.M.T. for private
sessions.
I. Ensuring absolute hygiene of instruments and equipment, both for the therapist's and
client's benefit. Advice about current hygiene practices should be sought from the
A.P.M.T., hospital pharmacy or other appropriate source.
J. Legacies and Gifts: Music therapists should not solicit for personal financial gain.
They should neither offer nor accept tokens such as favours, gifts, legacies or hospitality
which might be construed as seeking to promote undue influence. Where relevant they
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The following has been written as a basis for negotiation to use either at work or before
securing work. It outlines what a music therapist needs in order to work effectively. It should be
used in conjunction with the Code of Ethics.
1. MANAGEMENT
i)Music Therapists should be directly represented on an institutional management
structure.
ii)The Music Therapist should obtain and agree a comprehensive and viable Job
Description. Managerial and clinical responsibility should be clearly defined and
understood.
iii)The therapist must establish and uphold clinical and ethical standards.
iv)Music Therapists should have control over a financial allocation for
instruments/equipment and assume maintenance of equipment levels as their
responsibility’.
2. SELF-EMPLOYED MUSIC THERAPISTS
i)Music Therapists should adhere to professional rather than commercial standards in
making known the availability of their service.
ii)Music Therapists should communicate the availability of their service to related
professions and referring agencies.
iii)Music Therapists in private practice should ensure they receive adequate clinical
supervision and are advised to carry suitable insurance.
3. MINIMUM CONDITIONS
Music Therapists should have adequate facilities within which to practise. This would
necessitate the availability of a self-contained room large enough for individual/group work,
storage of musical instruments and equipment, an administration area and a telephone.
4. THE REFERRAL SYSTEM
1) The Music Therapist should be responsible for dealing with referrals, assessment and
subsequent treatment of clients on an equitable basis.
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proveohon ofCheats endtherapistsaiiket Pen noua be ensured for the
ii) A written referral should be sought from an accountable agent where possible. In the
case of self-referrals a written referral would follow after the initial contract where
possible.
iii) Music Therapists should retain the right not to treat certain clients following an
agreed assessment procedure, especially in cases where his/her professional training and
expertise suggests that therapy may be actively harmful to the client.
5. CASE LOAD
i) Music Therapists should have adequate time to attend ward rounds, staff meetings,
case conferences, etc. and should negotiate one full half day per week (or pro rata) for
the administration of the Music Therapy Department (Item 6. also refers).
ii) Music Therapists, while liaising with other disciplines, should ultimately specify their
own case loads to suit the needs of the clients and that of their place of work, i.e.
balancing individual and/or groups of individuals. The number of clients within a group
will be determined by the physical environment, the specific needs and disabilities
(physical, behavioral, emotional, etc.) of the clients and the need for assistance/escort
from other staff.
309
iii) There should be adequate time between sessions for preparation and record keeping
and some record should be kept of all sessions.
6. RECORD KEEPING
i) A daily audit of attendances should be kept, specifying reasons for any cancellation of
sessions through client or therapist absence.
ii) Accurate observations and records of all clinical work are kept. Evaluation of clinical
work (including analysis of taped material) is an essential aspect of the therapeutic
process. Recordings should be named, dated and stored during the therapeutic
relationship. It is advisable that Music Therapy case notes and relevant tapes should be
kept for a minimum of three years.
7. CONFIDENTIALITY
i) The Music Therapist should always act in the best interests of the client.
ii) Transactions between client and therapist should refrain from disclosing confidential
information obtained from or about a particular client, except within the multidisciplinary
team responsible for treatment.
iii) Communication should be maintained with doctors or other professionals, advising
them of the nature and progress of clients’ treatment programmes.
8. TRAINING
i) The Music Therapist should ensure that a satisfactory standard of professional
competence is maintained and should endeavour to keep up to date with new and current
trends in therapy and overall philosophies of care. Continuing A.P.M.T. membership
raises awareness of such issues.
ii) It is desirable that Music Therapists should have study leave and financial
support from their employment in order to attend in-service training programmes,
lectures, workshops and professional conferences.
ili) Music Therapists contributing to training programmes for colleagues or students
should receive a training allowance.
9, SUPERVISION/PROFESSIONAL SUPPORT
i) It is in the interests of Music Therapists to receive regular clinical supervision, ideally
within the workplace. This may take the form of individual or group sessions, preferably
conducted by an experienced Music Therapist. Music Therapists should also seek
support from other institutions, regional groups of the A.P.M.T. or other related
professions.
ii) The Music Therapist must at ali times restrict his/her practice to within the limits of
his/her own training and competence.
1. INTRODUCTION
1.0 The Association of Professionai Music Therapists recognises that effective management of
complaints can instill confidence in the Association by the membership and/or general public.
1.1 The Association wishes to be pro-active in its response to, and handling of, complaints.
1.2 An agreed procedure to respond to complaints with maximum efficiency and clarity has
therefore been established.
1.3 The purpose of the procedure is to enable officers of the Association to:
i) evaluate the performance of the Association in response to complaints from within the
membership.
ii) be pro-active in seeking to arbitrate in situations of dispute between Association
members.
iii) be willing to investigate complaints received from the general public.
iv) give advice on behalf of the profession as a whole on issues of dispute between an
APMT member and his/her employer. This role should be distinguished from the
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March 1995
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Preamble
This document comprises the Code of Ethics and Rules of Professional Conduct of the Australian
Music Therapy Association, Incorporated, hereinafter referred to as The Association. The Code of
Ethics and Rules of Professional Conduct have been revised and re-issued in 1994 to all members
with the approval of the Ethics committee and the National Council of the Association.
1. GENERAL PRINCIPLES OF ETHICS
Io This Code of Ethics and Rules of Professional Conduct shall be applicable to all
Members of The Association; that is all Members who join under the classifications of
“general,” “student,” and “Registered Music Therapists.” However, certain of these
requirements will apply only to those Members who are Registered Music therapists
(RMTs).
t2 a) A Music Therapist is a person
i) who has undergone appropriate training and has had adequate clinical
experience, and
11) whose qualifications and experience are accepted by the National
Registration and Education Board of The Association as leading to the
professional qualification of Registered Music Therapist (RMT). The letters
RMT shall only be used by such persons who hold current Registration granted
by The Association.
b) “General membership of AMTA, Inc. does not confer upon an individual the right to
call himself/herself a Music Therapist. A professional Music Therapist is a person
granted Registration by the Registration Board of AMTA Inc.” (By-Law #1, The Rules
and Constitution of AMTA Inc., rev. 1991)
1.3 Music Therapists are required to renew their Registration annually by payment of the
annual fee as determined by the National Council of The Association. Failure to pay the
fees shall lead to a lapse of Membership and Registration.
No Member of The Association shall describe himself or herself as a Music Therapist
unless accreditation has been approved by the National Registration and Education Board
as above. Nor shall any Member of the Association describe his or her work as Music
Therapy, unless he or she holds current Registration as a Music Therapist.
ETHICAL PRINCIPLES OF REGISTERED MUSIC THERAPISTS
A Registered Member of the Australian Music Therapy Association Inc. shall at all
Respect the rights and dignity of the individual, serving all in need without consideration
of colour, culture, nationality, religion, politics, wealth or social status.
Provide, or cause to be provided an appropriate service for all patients/clients who come
under his/her care.
Maintain the highest standard of professional competence, striving continually to up-date
personal prcfessional skills and competence.
Maintain a high standard of personal conduct and professional practice, recognising the
need to safeguard the client’s physical, mental and emotional health as the primary
consideration. Music Therapists shall not be under the influence of alcohol, drugs or any
other substance which adversely affects the performance of their duties, thus brining
discredit upon the profession of Music Therapy, and be a potential danger to
patients/clients. Improper association with a patient/client shall not be allowed to
develop.
Treat all information regarding a patient/client as strictly confidential. Confidential
information should only ever be discussed in the context of liaising with other
professionals directly involved in that person’s care. Confidentiality does not override
the obligation of a Music Therapist to report any of the following to the appropriate
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authorities, where there are reasonable grounds for belief that they are occurring: a
criminal offence has occurred/is occurring (e.g., child abuse, incest, financial fraud,
exploitation or other abuse of a vulnerable person); notifiable diseases. Case material for
teaching, publication and/or research must be adequately disguised and all clinical
records must be maintained, stored and ultimately disposed of securely.
2.6 Recognise the extent and limitations of professional expertise, undertaking only those
methods of treatment which are within the therapist’s own competence, and referring to
the appropriate professional any person who presents with a problem or condition which
is outside that competence and expertise.
Co-operate loyally with colleagues and members of related professions. Such loyalty
shall not, however, override the moral or legal responsibility to uphold professional and
community standards of behaviour.
Strive to extend awareness of the value of music therapy, attempting always to maintain
and improve the provision of health services in the establishment and/or community.
RULES OF PROFESSIONAL CONDUCT
Music Therapists may accept referrals from: qualified medical practitioners; other
professionals; individuals seeking treatment for themselves; parents or legal guardians
who are seeking treatment for minors or legally incompetent persons in their charge.
oud In the case of referrals from the person concerned or from the parents/guardians the
Music Therapist shall, where appropriate, inform and consult with the person’s medical
practitioner and/or other qualified professionals such as the teacher, school counselor,
social worker, psychologist. The person shall be informed of any such consultation.
3.3 The Music Therapist shall terminate treatment in cases where it is reasonably clear that
the patient/client will not benefit from further intervention. A discharge summary should
be sent as soon as possible to the referring professional or to the parent/guardian. For
those who are self-referred, explanation should be given as to the reasons for the
cessation of music therapy, together with a summary of the work done. Separation from
the patient/client is part of the therapeutic process and must be planned.
3.4 No Member of The Association shall bring undue influence to bear upon a patient/client
or the family for purposes of bringing about a change in medical or paramedical
practitioners.
35 Except with the written agreement of that professional or after the termination of
treatment by that professional, no Music Therapist shall enter into a professional
relationship with a client who is already receiving music therapy from another Music
therapist. Following a locum tenens appointment, no Music Therapist shall enter into a
professional relationship with a client treated in the course of that appointment unless
with the written agreement of the original therapist or until a reasonable time has lapsed-
normally six months.
3.6 A Music Therapist shall not:
i) discredit any other professional
ii) allow his/her name to appear in any advertisements for equipment
(including musical instruments);
iii) give testimonials regarding equipment or instruments;
iv) profit from the sale of equipment or instruments to clients;
v) receive any fee from an agency regarding the supply or sale of
equipment or instruments to clients/patients/hospitals/schools or any
other individual or organisation;
vi) knowingly permit his/her name or any other publicity to appear in
unseemly coverage by the media;
Vil) utilise testimonials from clients;
Vill) make claims as to the superiority of the therapist over other Music
Therapists, nor the profession over another profession. If there is any
doubt concerning professional conduct, the Ethics Committee of The
Association can advise regarding such matters.
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mtd A Registered Music Therapist may advertise in accordance with the guidelines laid down
by the Australian Physiotherapy Association. Any RMT wishing to advertise their
services should consult this document which is available on request from the
Administrative Officer of The Association.
3.8 When a Registered Music Therapist in private practice is also involved in music
teaching, it is essential that the client (or parent/guardian for a legally incompetent person
or a minor) shall be fully informed as to the nature of the professional relationship which
is being established. A Registered Music Therapist shall not undertake any therapy under
the guise of teaching and if, when working as a teacher, a Registered Music Therapist
becomes aware of a client/pupil’s need for therapy, a clear statement on this must be
made in writing to the client/parent/guardian, an exact copy of this being kept by the
Music Therapist for reference.
ee] a)A Music Therapist or Member shall consult with the local branch of The
Association before speaking on behalf of The Association.
b) A Music Therapist or Member shall not permit his/her Membership or
position in The Association to be included in any professional publication
without written permission of The Association’s National Council or State
Executive Committee.
c) The name of The Association shall not appear in any publication without
written permission from the Chairperson of the Ethics Committee. The
Chairperson may request that the text be submitted in order to determine
whether there is any infringement of The Association’s policies.
GUIDELINES FOR ETHICS IN RESEARCH INVOLVING HUMAN SUBJECTS
All persons intending to carry out research shall make themselves familiar with the
Guidelines published by the National Health and Medical Research Council (NH and
MRC, PO Box 9848, Canberra, ACT, 2601)
Before starting a research project, a Registered Music Therapist must submit to the
appropriate person or persons within the facility full information as to the hypothesis to
be investigated, the methods to be adopted and the possible risks to the physical, mental
and emotional health of the subjects involved in the research.
Registered Music Therapists working in private practice or a facility which lacks a
standard for approval of research shall submit details (as listed in 4.2) to the Ethics
Committee of The Association for approval before starting any research programme.
Participation of Subjects in research shall be voluntary, with general signed clearance
forms. Subjects must be allowed to withdraw from a research project at any time.
All Subjects shall be informed of the nature of the research before being asked to sign a
clearance form which includes information on and explanations of:
*length of time the project will take, and time of individual sessions;
*any possible risks involved;
*any possible benefits involved;
*confidentiality;
*publication of results;
*for control groups, whether there are any risks in being deprived of treatment
in order to constitute a control group.
6 Signed clearance forms must be obtained from the Subjects themselves, or from
parents/legal guardians of persons deemed to be legally incompetent.
In all research, as in all Music Therapy practice, the rights and dignity of the individual
must be upheld.
INFRINGEMENTS OF THE CODE OF ETHICS
Any persons, whether a Member of The Association or not, who becomes aware of any
infringement of these ethical principles, or of the rules of professional conduct, shall
bring the infringement to the notice of the person or the organisation concermed, and ask
that the matter be corrected.
If the infringement continues or there is a refusal to comply with the request, the matter
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shall be brought to the attention of the Chairperson of the Ethics Committee of The
Association.
53 a) The National Council of The Association shall, under the following conditions
have the power to deprive any Member of his/her Membership. In the case of a
Music Therapist, the National Council may decline to renew the Registration,
and also, if applicable, Membership of The Association.
b) Failure to comply with any of the conditions and requirements of the National
Registration and Education Board, and/or the National Council, and/or the
Ethics Committee, shall lead to a lapse of Registration, provided that two
reminder letters have been sent to the last known address of the person
concerned, warning them of the possible lapse of registration.
c) On the recommendation of the Ethics Committee of The Association, a Music
Therapist may be deprived of Registration if the National Council decides, by a
two-thirds majority vote, that the individual’s breach of the Code of
Professional Ethics or of Professional Conduct, and/or failure to maintain
professional skills and competence, or failure to annually renew Registration,
make it inappropriate for Registration to be continued.
5.4 Applications for restoration of Membership and of Registration after deprivation or lapse
of Membership shall be dealt with by the National Council, and/or the National
Registration and Education Board, and/or the Ethics Committee of The Association.
Each case shall be considered on its merits. Music Therapists applying for renewal of
their professional status will be required to show cause why an application for renewal of
status should be received, and may be required to complete further courses of study or
supervised clinical work before the application for renewal is approved.
SR RC ee eR ieaie ae aeaei pe ae iefeieapaiea ee kee ee aia ae aeatefeee aeaieeae apeaeaii aeabaeaeaeage aeaeaehe a i aa a a a ok a
PREAMBLE
Introduction
The Canadian Association for Music Therapy (CAMT) recognizes that the purpose of the
profession is to promote the use of music to accomplish therapeutic objectives, and the
development of training, education, and research in music therapy. In doing so, the CAMT
advocates adherence to the principles of Respect for the Dignity and Rights of Persons,
Responsible Practice, Integrity in Relationships, Extended Responsibility, and Responsible
Leadership.
Membership in the CAMT commits members to abide by the CAMT Code of Ethics. In
addition, music therapists and students who are not members of the CAMT should be aware that
the Code establishes expectations for conduct and could be applied to them by courts or other
public bodies.
The Code articulates ethical principles, values, and standards to guide all members in
their everyday conduct and in the resolution of ethical dilemmas; that is, it advocates the practice
of both proactive and reactive ethics. The principles and values are stated broadly, in order to
apply to the various roles and contexts in which music therapists work. The Code is not
exhaustive, and therefore conduct that is not specifically addressed by the Code is not, by its
exclusion, necessarily ethical or unethical.
Structure of the Code
Five ethical principles, to be considered in balance in ethical decision making, are
presented. A statement of those values, which are included in and give definition to the principle,
follows each principle. Each value statement is followed by a list of ethical standards, which
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illustrates the application of the specific principle and values to the activities of music therapists.
In the margin to the left of the standards, values are listed to guide the reader through the
standards and to illustrate the relationship of the specific standards to the relevant principle.
The Principles and Values
Principle I: Respect for the Dignity and Rights of Persons
Music therapists accept as essential the principle of Respect for the Dignity and Rights of
Persons; that is, they uphold the fundamental rights of each person, and accept that an individual
should be treated primarily as a person, not as an object or a means to an end. Music therapists
acknowledge that all persons have a right to their innate worth as human beings, and that this
worth is not enhanced or reduced by their culture, nationality, ethnicity, colour, race, religion,
gender, marital status, sexual orientation, physical or mental abilities, age, socio-economic status,
and/or any other preference or personal characteristic, condition, or status. In adhering to this
principle, music therapists are specifically concerned with the values of General Respect, Privacy,
and Informed Consent.
Principle IT: Responsible Practice
Music therapists accept as essential the principle of Responsible Practice; that is, they
ensure that all activities occurring in the course of music therapy practice will maximize benefits
and minimize the harm to clients and others. Music therapists also accept the notion that
responsible practice involves a commitment to self-awareness, development, and care. Further,
music therapists ensure that their practices do not impact negatively on their peers/colleagues. In
adhering to this principle, music therapists are specifically concerned with the values of General
Caring, Competence, Self Knowledge and Care, Minimizing Harm, Confidentiality, Responsible
Record Keeping and Management, Fair Access, Ethical Research, and Ethical Business Practice.
Principle IT: Integrity in Relationships
Music therapists accept as essential the principle of Integrity in Relationships; that is,
they ensure that all interactions demonstrate integrity and a concern for the personal well being of
others. This includes taking reasonable steps to promote healthy relationships while avoiding
relationships that pose risk for harm. In adhering to this principle, music therapists are
specifically concerned with the values of Honesty and Responsible Relationship.
Principle IV: Extended Responsibility
Music therapists accept as essential the principle of Extended Responsibility; that is, they
recognize that they have responsibilities to the societies within which they live and work. This
includes promoting ethical behaviour within and beyond the music therapy community. Music
therapists also accept the responsibility of promoting and participating in the professional
development of music therapists. In adhering to this principle, music therapists are specifically
concerned with the values of Promoting Ethical Practice, Professional Development, and Respect
for Society.
Principle V: Responsible Leadership
The Directors of the Canadian Association for Music Therapy accept as essential the
principle of Responsible Leadership; that is, they acknowledge their responsibilities to the music
therapy community and society. This includes to providing to the CAMT membership education
and resources relating to ethics and music therapy practice to the CAMT membership. Further,
the CAMT is committed to monitoring the ethical practices of its membership. In adhering to this
principle, the Directors of the CAMT are specifically concerned with the values of Promoting
Ethical Practice and Professional Development.
Ethical Decision-Making Model
The ethical decision-making process may occur very rapidly, leading to an easy
resolution of an ethical issue. This is particularly true of issues for which clear-cut guidelines or
standards exist and for which there is no conflict between principles. On the other hand, some
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ethical issues (particularly those in which ethical principles conflict) are not easily resolved and
might require time-consuming deliberation.
The following basic steps typify approaches to ethical decision-making: *Identification
of ethically relevant issues and practices, and the related standards specified in the Code.
*Identification of individuals or groups who are, have been or are likely to be affected by the
issue and subsequent decision (e.g., client, client’s family, employees, employing institution, co-
workers, students, research participants, colleagues, the discipline, society, self).* Development of
alternative courses of action, beginning with consultation that is consistent with the values of
Privacy and Confidentiality.* Analysis of likely short-term, ongoing, and long-term risks and
benefits of each course of action on the individuals or groups involved.*Choice of course of
action after conscientious application of existing principles, values, and standards.*Evaluation of
the results of the course of action.* Assumption of responsibility for the consequences of action,
including correction of negative consequences, if any, or re-engaging in the decision-making
process if the ethical issue is not resolved.
Definitions
Accredited Music Therapist: Means any person, hereafter referred to as “music therapist,” who
has been awarded accreditation by the CAMT, and who is a member in good standing of the
CAMT. Music Therapy Student/Intern and Non-accredited Music Therapist: For the
purposes of this code, “music therapist” refers to those persons included in this definition who
have completed, or are in the process of completing a CAMT approved music therapy training
program.Music Therapy: Music therapy is the skillful use of music and musical] elements by an
accredited music therapist to promote, maintain, and restore mental, physical, emotional, and
spiritual health. Music has nonverbal, creative, structural, and emotive qualities. These are used
in the therapeutic relationship to facilitate contact, interaction, self-awareness, learning, self-
expression, communication, and personal development (CAMT, 1994).Music Therapy Practice
and Service: Music therapy practice and service includes all activities as described in the
aforementioned definition applied in an any setting (e.g., institution, agency, private practice,
internship or practicum setting).Client: Client means anyone (individual, group, family,
community, or association) for whom the music therapist has agreed to provide services.
CODE OF ETHICS
PRINCIPLE I: Respect for the Dignity and Rights of Persons
In adhering to the principle of Respect for the Dignity and Rights of Persons music therapists
would:
General Respect i Demonstrate respect for the dignity, worth, experience, and
knowledge of all people
r2 Acknowledge clients’ rights to self-determination and
autonomy, and the right to participate in decisions that affect
them.
1.3 Use language that conveys respect for the dignity of others
(e.g., gender-neutral terms) in all written or verbal
communication.
1.4 Not practice, condone, facilitate, or collaborate with any form
of unjust discrimination.
1.5 Not engage publicly (e.g., in public statements, presentations,
research reports, or with clients) in demeaning descriptions of
others, including jokes based on culture, nationality, ethnicity,
colour, race, religion, gender, sexual orientation, health status,
etc., or other remarks which reflect adversely on the dignity of
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others.
1.6 Abstain from all forms of harassment, including sexual
harassment.
Privacy sez) Take care not to infringe, in service or research activities, on
the personally, legally or culturally defined private space of
individuals or groups unless explicit permission is granted to
do so.
1.8 Explore and collect only that information that is relevant to
the subject of treatment, unless otherwise requested by the
client.
1.9 Inform clients of (a) the purpose for obtaining personal
information, (b) who will have access to the information, (c)
how it will be stored, and (d) the right of the client to have
access to the information in their records (see article II.28 and
II.29 for elaboration).
Informed Consent 1.10 Ensure that informed consent is obtained from clients or their
legal guardians before commencing service or research. When
clients are unable to give informed consent (e.g., young
children, the cognitively challenged), music therapists would
continue to respect the autonomy of the individual by
attempting to inform and involve them.
Provide, in obtaining informed consent, as much information
as a reasonable or prudent person, family, group, or
community would want to know before making a decision or
consenting to an activity. The music therapist would relay
this information in language which the persons understand
(including providing translation into another language if
necessary) and would take whatever reasonable steps are
necessary to ensure the information was in fact understood.
[1.12 Establish and use signed consent forms which specify the
dimensions of informed consent, or which acknowledge that
such dimensions have been explained and are understood.
Music therapists would use their discretion in obtaining
explicit consent, doing so for services involving the exchange
of highly personal information (e.g., research) or activities
that potentially could compromise client confidentiality (e.g.,
transfer of client information to a third party).
1.13 Assure, in the process of obtaining informed consent, that at
least the following points are understood: (a) purpose and
nature of the activity; (b) mutual responsibilities; (c) likely
benefits and risks; (d) alternatives;(e) the option to refuse or
withdraw at any time, without prejudice; (f) over what period
of time the consent applies; and (g) how to rescind consent if
desired.
[.14 Recognize that informed consent is the result of a process of
reaching an agreement to work collaboratively, rather than of
simply having a consent form signed.
1 Take all reasonable steps to ensure that consent is not given
under conditions of coercion or undue pressure.
318
Acknowledgments: Portions of the Canadian Psychological Association’s Code if Ethics were adopted and/or tailored for
use in the Canadian Association for Music Therapy’s Code of Ethics: Copyright. Canadian Psychological Association.
Reprinted with Permission.OO