International Association of Rehabilitation Professionals-Carolinas

Introduction

The International Association of Rehabilitation Professionals (IARP) is committed to
promoting ethical and professional rehabilitation services at all times. IARP recognizes
that medical and vocational rehabilitation services are provided under a variety of
international, federal, local, and state laws or administrative codes, and in a wide variety
of private and public venues. However, certain practices are applicable in any
rehabilitation setting.
This document addresses nine areas of ethical practice followed by a Forensic Code of
Ethics for IARP members who practice in a forensic setting. IARP expects its members
to adhere to the standards and ethical guidelines applicable to their professional
discipline, licensing, and/or credentialing organizations and to refer to those respective
Codes of Ethics for specific guidelines as well as to the IARP guidelines. If there is a
conflict in the respective Codes and IARP guidelines, the Code is binding. Note that life
care planning standards and Codes are available through IARP’s life care planning
section.

A1) Conflict of Interest

o IARP members are to respect the integrity and protect the welfare of the
individuals or groups to whom their work pertains. IARP members’
primary obligation is always to the client, defined as the person with or
without a disability to whom their assignment pertains. There may be
institutional recipients of services that are provided for the benefit of an
organization, not that of a single individual.

A2) Detrimental/Exploitive Relationships

o IARP members are to conduct themselves in the role for which their
services are retained. Members may not use their professional position to
promote other products or services. At the outset and throughout the
professional relationship, members will disclose to their clients
professional boundaries, particularly if those involve multiple services on
the same case where there exists a high potential for ethical conflict.

A3) Objectivity

a) For purposes of this document, objectivity is defined as providing an
evaluation and arriving at the same conclusions without bias given the
same set of facts.
b) It is the responsibility of IARP members to maintain objectivity in all cases
and in appropriate situations. Members are also obligated to engage in
the objective use of available resources and reference data in supporting
an opinion or in the development of a rehabilitation or life care plan.

A4) Competency

o IARP members, while practicing in a number of diverse fields and areas of
expertise, are obligated to maintain professional and technical
competency at such a level that the recipient receives the highest quality
of service that the member’s discipline(s) is capable of offering through
their education, training, or supervised experience. Members will not
misrepresent their current credentials or the extent of their expertise within
related scopes of practice.

 

A5) Confidentiality

a) The purpose of confidentiality is to safeguard information that is obtained in
the course of practice. Disclosure of information is restricted to what is
necessary, relevant, and verifiable with respect to the client’s right to
privacy. IARP members must be sure to obtain the necessary written
authorizations from the client, and when a third party is involved, to make
sure that the client is aware from the onset that the delivery of service is
being monitored. Professional files, reports, records, and working
environment shall be maintained under conditions of security and with
provisions for proper destruction of records when appropriate.
b) IARP members should adhere to appropriate disclosure of confidential
information to referral sources and other professionals providing
services on the same case.

 

A6) Multicultural/Diversity Issues

a) IARP members should always be mindful of, and respect, the cultural/
ethnic differences of clients from other backgrounds. Members should
avail themselves of workshops/trainings in diversity issues and, if possible,
research those issues prior to the first meeting with the client, as well as
be aware of their own biases and their potential impact on service
delivery.
b) IARP members will not condone or engage in discrimination based on
age, color, culture, disability, ethnic group, gender, race, religion, sexual
orientation, marital status, military history, criminal record, or
socioeconomic status.
c) Regarding language issues, IARP members will be proactive in securing
interpreter or translator services when needed to facilitate communication
with the client.

 

A7) Appropriate Role for Practitioner

a) IARP members are obligated to secure the most appropriate services for
clients within the standards of local, state, or federal law and within the
scope of practice. Those services may include:
i. Providing the client with a professional disclosure statement,
verbally and/or in writing and documenting such activity;
ii. Setting clear, attainable rehabilitation goals;

iii. Making appropriate referrals to allied professionals when needed
and providing appropriate case coordination with other service
providers;
iv. Providing only those services that the member is qualified to
provide;
v. Referring an individual to another professional who may be more
qualified to render needed services, when necessary;
vi. Assisting in resolving conflicts that arise;
vii. Conducting face-to-face contact with the client whenever possible
or feasible

 

A8) Social Advocacy

o With regard to the individual with a disability, advocacy takes into account
such issues as the legal rights of individuals with disabilities to achieve
integration into the social, cultural, and economic life of the general
community. The role of the IARP member as an advocate is to protect
and promote the welfare of individuals with disabilities to maximize their
potential for community integration to the best of their capabilities. IARP
members are encouraged to stay informed about emerging legislation
trends and issues within the rehabilitation field serving individuals with
disabilities.

 

A9) Electronic Communication

a) IARP members will be held to the same level of expected ethical behavior
regardless of the form of communication, e.g., cellular phones, electronic
mail (e-mail), fax, video, or any and all other audio-visual media.

b) IARP members will exercise responsible, ethical behavior at all times;
respect the need for confidentiality; and adhere to the standards set forth
by their individual credentialing and/or licensing boards.

c) IARP members will not use electronic communications to send copies of
copyrighted documents, if such a transmission would be in violation of
copyright laws.

d) It may be difficult at times to verify the identity of a client, client’s guardian,
or the rehabilitation professional. IARP members will take the necessary
steps to address these concerns by such means as professional
disclosure to the client regarding the potential of imposters in electronic
communication.

e) Attempting unauthorized access to data, attempting to breach any
security measures on an electronic communication system, or attempting
to intercept any electronic communication transmissions without proper
authorization will represent a breach of acceptable behavior by an IARP
member.

f) In situations where access to clients is allowed, IARP members are
expected to inform clients and referral sources of the potential hazards of
unsecured communications via e-mail and the Internet. Hazards may
include authorized or unauthorized monitoring of transmissions and/or
records of sessions and difficulty ensuring complete confidentiality of
information transmitted through electronic communication over the
Internet.

g) Case-related transmissions made by e-mail, facsimile, text message, or
other communication media will be regarded as case documentation and
will be stored in the case file and will be afforded the same degree of
confidentiality as written progress notes and reports.

Forensic Code

For purposes of the Forensic Code section, the term Forensic Rehabilitation Experts/
Consultants is used to describe rehabilitation professionals who provide services in a
forensic or litigation setting. Where applicable, statements differentiate between rules
that apply for the Forensic Rehabilitation Expert versus rules for the Forensic
Rehabilitation Consultant and the ethical responsibilities inherent in each role. Forensic
Rehabilitation Experts/Consultants who are initially retained as primary service
providers will adhere to the tenets of confidentiality and appropriate disclosure, as well
as to other rules outlined in this Forensic Code.

General Definitions

• Client

o Clients are defined as individuals with or without disabilities who are the
subject of the litigation. The primary obligation and responsibility of
Forensic Rehabilitation Experts/Consultants is to the client. Regardless of
whether direct client contact occurs or whether indirect services are
provided, the primary obligation remains to the client.

 

• Forensic Rehabilitation Expert

o A rehabilitation professional who has been retained and disclosed as an
expert for purposes of providing expert testimony

 

• Forensic Rehabilitation Consultant

o A rehabilitation professional that has been retained to provide consulting
services and has not been disclosed as an expert.
Specific Codes

 

B1) Confidentiality

a) Clients have the right to expect confidentiality and will be provided with an
explanation of its limitations, including disclosure to others, at the onset of
service delivery. Forensic Rehabilitation Experts will discuss these
limitations, as well as pertinent benefits available to clients they serve, in
order to facilitate open, honest communication and avoid unrealistic
expectations.

b) When circumstances require the disclosure of confidential information,
Forensic Rehabilitation Experts will endeavor to reveal only essential
information that is relevant, necessary, and verifiable.

c) Forensic Rehabilitation Experts will obtain written permission from the
client/guardian prior to any video/audio taping and/or photographing of any
interview session or interaction they may have with the client.

d) When a referral source requests a records review, Forensic Rehabilitation
Consultants may exchange confidential information that is relevant,
necessary, and verifiable without the written consent of clients or their legal
guardians.

B2) Objectivity

a) So that justice is served by accurate determination of the facts involved,
Forensic Rehabilitation Experts/Consultants use their abilities in an objective,
unbiased, nonpartisan, impartial, and fair manner in arriving at findings,
conclusions, and/or opinions.

b) Forensic Rehabilitation Experts/Consultants are to use appropriate methods
and techniques, carefully research and analyze the evidence in a case, and
render opinions or conclusions that are demonstrably objective and
reasonable.

c) When testifying, Forensic Rehabilitation Experts have an obligation to present
their findings, conclusions, evidence, or opinions in a fair and objective
manner.

B3) Competence

a) Forensic Rehabilitation Experts/Consultants have an obligation to provide
services in a manner consistent with the highest quality standards of their
profession. They are responsible for their own professional and ethical
conduct and the conduct of those individuals under their direct supervision.

b) Forensic Rehabilitation Experts/Consultants will not claim to possess any
depth or scope of expertise greater than that demonstrated by professional
achievement, knowledge, skill, experience, education, training, or credential.

c) Forensic Rehabilitation Experts/Consultants recognize that their own personal
values, moral beliefs, or personal and professional relationships with parties
to a legal proceeding may interfere with their ability to practice competently.
Under such circumstances, Forensic Rehabilitation Experts/Consultants are
obligated to decline participation or to limit their assistance in a manner
consistent with professional obligations.

d) Forensic Rehabilitation Experts/Consultants will refer clients to other
colleagues if the intended assignment is beyond their competence.

e) Forensic Rehabilitation Experts/Consultants will not represent their
membership status as bestowing any specialized expertise.

f) Forensic Rehabilitation Experts/Consultants will practice in specialty areas
new to them only after appropriate education, training, and/or supervised
experience has been obtained. While developing skills in new specialty
areas, Forensic Rehabilitation Experts/Consultants will take steps to ensure
the competence of their work and to protect clients from possible harm.

g) Because of their special status as persons qualified as experts to the Court,
Forensic Rehabilitation Experts/Consultants have an obligation to maintain
current knowledge of scientific, professional, and legal developments within
their area of claimed competence. They are obligated to use that knowledge,
consistent with accepted clinical and scientific standards, in selected data
collection methods and procedures for an evaluation, treatment, consultation,
conclusion, finding, opinion and/or scholarly/empirical investigation.

h) Forensic Rehabilitation Experts/Consultants will take steps to maintain
competence in the skills they use, will be open to exploring new and emerging
techniques, seek consultation if deemed necessary, and develop and
maintain competence for practice with the diverse and/or special populations
with whom they work in order to provide the highest quality of services within
their abilities.

i) Forensic Rehabilitation Experts/Consultants avoid offering information from
their evaluations that does not bear directly upon the legal purpose of their
professional services. The submissions of written and/or oral reports will
present data germane to the purposes of the referral.

j) When Forensic Rehabilitation Experts/Consultants rely upon data or
information gathered by others, the origins of those data are clarified in any
professional product. Forensic Rehabilitation Experts/Consultants bear a
special responsibility to ensure that such data, if relied upon, are gathered in
a manner standard for the profession. Forensic Rehabilitation Experts/
Consultants will ensure that the resources used or accessed in supporting an
opinion are credible and valid.

k) Reports will be thorough and include competent research.

l) Forensic Rehabilitation Experts/Consultants will not allow pursuit of financial
gain or other personal benefit to interfere with the exercise of sound
professional judgment and skills. They will not abuse their relationships with
clients to promote personal or financial gain.

m) Forensic Rehabilitation Experts/Consultants understand and abide by the
Code, demonstrate adherence to ethical standards, and ensure that
standards are enforced.

n) Forensic Rehabilitation Experts/Consultants will not advocate, sanction,
participate in, accomplish or otherwise carry out, or condone any act which is
prohibited by the Code.

o) Forensic Rehabilitation Experts/Consultants may choose to consult with any
other professionally competent persons about their cases. Care should be
taken not to place the individual who is being consulted in a conflict of
interest situation.

p) Forensic Rehabilitation Experts have an obligation to present to the Court the
boundaries of their competence, the factual bases for their qualifications as
an expert, and the relevance to the specific matters at issue.

q) Forensic Rehabilitation Experts are aware that hearsay exceptions and other
rules governing expert testimony place a special ethical burden upon them.
When hearsay or otherwise inadmissible evidence forms the basis of their
opinion, evidence, or professional product, they seek to minimize sole
reliance upon such evidence. Where circumstances reasonably permit,
Forensic Rehabilitation Experts seek to obtain independent and personal
verification of data relied upon as part of their professional services to the
Court or to a party in a legal proceeding.

B4) Disclosure

a) Forensic Rehabilitation Experts/Consultants will not intentionally withhold or
omit any findings or opinions discovered during a forensic evaluation that
would cause the facts of a case to be misinterpreted or distorted.

b) A clinical interview is an important part of the decision-making process and
bears particular importance for the Forensic Rehabilitation Expert. When
direct contact with the client is made, Forensic Rehabilitation Experts will
generate written documentation, either in the form of case notes or a report,
as to their involvement and/or conclusions or opinions. This is not required
for Forensic Rehabilitation Consultants where there is no contact with the
client and where the Consultant’s role is not discoverable. In those cases
where a Forensic Rehabilitation Consultant changes roles to a Forensic
Rehabilitation Expert, the responsibility stipulated in this Code predominates.
Forensic Rehabilitation Experts/Consultants will define the limits of their
reports, testimony, or opinions, especially when an examination of the client
has not been conducted.

c) During initial consultation with the referral source, Forensic Rehabilitation
Experts/Consultants have an obligation to inform the party of factors that
might reasonably affect the decision to contract with the rehabilitation expert/
consultant.

d) Forensic Rehabilitation Experts/Consultants shall be honest, thorough, and
open in their analyses and shall not provide the retaining or opposing
attorney, referral source, client, the Court, or any other entity involved in the
case with any information, through commission or omission, that they know to
be false or misleading. They shall exert due diligence and at all times strive
to use competent judgment to avoid the use of invalid or unreliable
information in the formulation of their opinions.

e) Forensic Rehabilitation Experts/Consultants will not misrepresent their role or
competence to clients and referral sources and will provide information about
their credentials, if requested.

f) Forensic Rehabilitation Experts/Consultants will actively disclose the sources
of information relied upon in formulating their opinions.

g) Forensic Rehabilitation Experts/Consultants will disclose the existence of,
and their adherence to, ethical standards and principles to those retaining
them and to other participants involved in the case.

B5) Consistency

o Forensic Rehabilitation Experts/Consultants may be given a different
assignment when retained in a forensic case by the plaintiff as opposed to
the defense. For any given assignment, however, the basic assumptions,
information sources, and methods should not change regardless of the
party who retains the Forensic Rehabilitation Expert/Consultant to perform
the assignment. There should be no change in methodology or process
used to evaluate the case for purposes of favoring any party’s claim. This
tenet is not meant to preclude methodological changes as new knowledge
becomes available.

 

B6) Informed Consent

a) Forensic Rehabilitation Experts/Consultants shall inform clients and the
retaining party with whom they have direct contact of the purposes, goals,
techniques, procedures, limitations, potential risks, and/or benefits of
services to be performed and other pertinent information, as well as the
limits of the relationship between the evaluator and the client.

b) Forensic Rehabilitation Experts/Consultants provide clear and unbiased
reports.

c) Unless Court ordered, Forensic Rehabilitation Experts will obtain the
informed consent of the client or party, or their attorney or representative,
before proceeding with their evaluation. If the client appears unwilling to
proceed after receiving a thorough notification of the purposes, methods,
and intended uses of the forensic evaluation, the evaluation should be
postponed and the Forensic Rehabilitation Expert should take steps to
place the client in contact with his/her attorney or representative for the
purpose of legal advice on the issue of participation.

d) In situations where the client or party may not have the capacity to provide
informed consent for services or the evaluation is pursuant to a Court
Order, the Forensic Rehabilitation Expert provides reasonable notice to
the client’s attorney or representative of the nature of the anticipated
forensic service before proceeding. If the client’s attorney or
representative objects to the evaluation, the Forensic Rehabilitation Expert
notifies the Court that issued the Order and responds as directed.

B7) Loyalty to Community and the Law

a) Forensic Rehabilitation Experts/Consultants will be familiar with and
observe the legal limitations of the services they offer.

b) Forensic Rehabilitation Experts/Consultants will obey the laws and
statutes of the legal jurisdiction in which they practice unless there is
conflict with the Code, in which case they should seek immediate
consultation and advice. When conflicts arise between professional
standards and ethics and the requirements of legal standards, a particular
court, or a directive by an officer of the court or legal authorities, the
Forensic Rehabilitation Expert/Consultant has an obligation to make those
legal authorities aware of the source of the conflict and to take reasonable
steps to resolve it. Such steps may include, but are not limited to:

i. Obtaining the consultation of fellow rehabilitation experts;
ii. Obtaining the advice of independent counsel; and
iii. Conferring directly with the legal representative involved.
In the absence of legal guidelines, the Code is binding.

B8) Loyalty to Colleagues (e.g., Professional Relationships)

a) Forensic Rehabilitation Experts/Consultants will not discuss in a
disparaging way the competency of other professionals or agencies.
Differences in opinions, findings, methods, or plan development should be
made based on work product, not on the individual or agency.

b) When evaluating or commenting upon the professional work product or
qualifications of another expert or party to a legal proceeding, Forensic
Rehabilitation Experts/Consultants represent their professional
disagreements with reference to a fair and accurate evaluation of the data,
theories, standards, and opinions of the other expert or party.

c) Forensic Rehabilitation Experts/Consultants shall at all times strive to
practice within the boundaries of professional and disciplinary honesty and
fairness. To this end, they must assume the responsibility of holding their
colleagues in the profession accountable to the ethical principles
promulgated herein.

d) It is appropriate for Forensic Rehabilitation Experts/Consultants to offer
criticism of breaches of these ethical principles, as long as such criticisms
are not offered in a disparaging way.

e) Forensic Rehabilitation Experts/Consultants shall act with integrity in
relationships with colleagues, other organizations, agencies, institutions,
referral sources, and other professions so as to facilitate the contribution
of all specialists toward achieving optimum service delivery.

f) When referring clients to other professional colleagues or cooperating
agencies, Forensic Rehabilitation Experts/Consultants shall supply all
relevant information necessary to begin service delivery in a prompt
manner.

B9) Business Practices

a) Forensic Rehabilitation Experts/Consultants will neither give nor receive
commissions, rebates, contingency fees, or any other form of
remuneration when accepting a case or referring clients for professional
services. Payment for services will not be contingent upon a case
outcome or award.

b) Forensic Rehabilitation Experts/Consultants will not enter into financial
commitments that may compromise the quality of their services.

c) Forensic Rehabilitation Experts/Consultants will not enter into fee
arrangements that could influence their opinions in a case and otherwise
raise questions as to their credibility.

d) While all Forensic Rehabilitation Experts/Consultants have the
discretionary right to accept retention in any case or proceed within their
area(s) of expertise, they should decline involvement in any case when
asked to take or support a predetermined position, or where there are
ethical concerns about the nature of the requested assignment.

e) Forensic Rehabilitation Experts/Consultants should decline involvement in
any case when they are asked to assume invalid representations of fact or
alter their methodology or process without foundation or compelling
reason.

f) Should a fee dispute arise during the course of evaluating a case and prior
to trial, the Forensic Rehabilitation Expert/Consultant shall have the ability
to discontinue his/her involvement in the case as long as no harm comes
to the client.

g) If necessary to withdraw from a case after having been retained, the
Forensic Rehabilitation Expert/Consultant will make a reasonable effort to
assist the client and/or referral source in locating another Forensic
Rehabilitation Expert/Consultant to take over the assignment.

B10) Detrimental/Exploitive Relationships

a) Forensic Rehabilitation Experts/Consultants will recognize potential
conflicts of interest in dual/multiple relationships that are
detrimental/exploitive, and seek to minimize their effects.

b) Forensic Rehabilitation Experts/Consultants will avoid providing
professional services to parties in a legal proceeding with whom they have
had personal or professional relationships that are inconsistent with the
anticipated business and professional relationship.

c) When necessary to provide both evaluation and treatment services to a
client involved in a legal proceeding, the Forensic Rehabilitation Expert
will recognize the potential negative effects of these circumstances on the
rights of the client, confidentiality, and the process of treatment and
evaluation.

d) Forensic Rehabilitation Experts/Consultants will avoid establishing
dual/multiple relationships with clients that could impair their professional
judgment or increase the risk of exploitation.

e) Sexual conduct with clients is unethical and will not be tolerated during the
course of an evaluation until the litigation has been concluded, unless
otherwise restricted by other professional codes that may apply.

f) Forensic Rehabilitation Experts/Consultants will not be involved in
surveillance set up, scheduling, and monitoring. Any knowledge of
surveillance-related items must be divulged when rendering an expert
opinion.

IARP has chosen to focus on the predominant Standards of Practice and Competencies
considered fundamental for medical case management, vocational counseling, and
placement in the private sector. This format change recognizes that different methods
may apply in various jurisdictions or systems as to medical case management,
vocational assessment, rehabilitation plan development, job development and
placement, on-the-job training, occupational retraining, and self-employment. IARP
members should choose the methods applicable to their area of practice or refer to
professional literature regarding accepted methods. Regardless of the method
employed, IARP members ascribe to and support a basic level of Standards of Practice
and Competencies as outlined below.

Medical case management and vocational rehabilitation services are provided directly to
a client, the goal of which is to maximize medical recovery or return an individual to
suitable gainful employment. IARP members recognize the uniqueness of providing
medical case management or vocational rehabilitation services under various federal
and state laws and insurance systems, and the importance of Standards of Practice and

Competencies in the delivery of primary care services.
Standards of Practice and Competencies are defined as the knowledge, skills, abilities,
personal qualities, experience, and related characteristics necessary to provide primary
care services in vocational counseling/placement for individuals with or without
disabilities. Beyond general Standards of Practice and Competencies, a member may
have additional knowledge, skills, abilities, personal qualities, and professional
experience resulting in specialized expertise that binds them to the Standards of
Practice and Competencies of that specialty.

Medical Case Management Standards of Practice and Competencies
Medical case management is defined as the process of assessing, planning,
coordinating, monitoring and evaluation of the services required to respond to an
individual’s health care needs to attain the goals of quality and cost effective care. This
service may be performed in conjunction with managed care; however, it is
differentiated from managed care, which is recognized as an organized process
designed to ensure the medical necessity and cost effectiveness of a proposed service.

Case management is designated to promote optimal recovery and rehabilitation by
professional involvement in the rehabilitation process. Medical case management in the
optimum sense is a balance in terms of both quality assurance and medical cost control.
The case manager advocates on behalf of the individual to assure quality of care and
attainment of appropriate goals, as well as promotes self-advocacy skills to achieve
maximum independence.

 

C1) Professional Standards for Medical Case Management include:

a) Accepting referrals relevant to medical case manager’s qualifications,
expertise, education, licensure, or certification relevant to the diagnostic
category, needed services, working guidelines, and on legislation;

b) Providing adequate information when referring a client to a provider (e.g.,
contact, identification, medical, purpose, special instructions, payor, etc.);

c) Understanding conditions of the assessment/evaluation

i. Recognizing importance of timely client assessment (e.g., onset of
injury/illness)
ii. Release(s) of information
iii. Medical/Mental health status review
iv. Client’s understanding/learning needs related to the diagnosis,
treatment, resources, adjustment, and coping mechanisms
v. Family knowledge base and need for education, health status,
expectations, support or caregiver potential;

d) Developing/Implementing a plan that integrates the client and/or parties in
the decision-making process to meet recommended and cost-effective
short- and long-term goals and objectives, and recognition of potential
complications. Plan may involve the identification, procurement, and
coordination of services and resources to implement the plan, and may
involve ongoing evaluation of client’s progress and the effectiveness or
appropriateness of the plan;

e) Acknowledging and compensating for strengths/weaknesses of on-site,
electronic, and/or telephonic services;

f) Coordinating services among medical or allied health professionals and
inpatient, outpatient, home services, or environmental modification
providers;

g) Understanding rehabilitation principles for optimum delivery and outcome
of services, including accelerated and/or alternative options;

h) Coordinating vendor and resource utilization involving medical equipment,
supplies, medications, and services;

i) Identifying and addressing education needs of client, family, support
system, or service provision team;

j) Awareness of laws, statutes, standards, and regulations covering written
documentation and recordkeeping (e.g., cost/benefit analysis,
individualized medical rehabilitation or independent living plans, initial or
status reports, etc.);

k) Documenting termination of services to the client or representative; and

l) Coordinating communication formally or informally to resolve disputes
between parties, documenting efforts appropriately, or referring parties to
resources able to resolve such disputes.

Vocational/Placement Standards of Practice and Competencies

Vocational rehabilitation services are those vocational services provided directly to a
client, the goal of which is to return a client to suitable gainful employment. IARP
members recognize the uniqueness of providing vocational rehabilitation services under
various federal and state laws and insurance overages. However, there remain broad
services standards that should be applied regardless of this uniqueness. These
standards of practice and competencies include vocational assessment, plan
development, job development and placement, training, and self-employment.

D1) Understanding conditions of the assessment including the purpose of the
evaluation; laws, rules, and/or regulations under which the member practices;
responsibilities of the parties; timelines; and criteria for completion, termination,
or suspension of services.

D2) Recognizing importance of client in assessment process as the main recipient of
services.

D3) Selecting clinical interview methodology appropriate to the situation of the client.

D4) Analyzing records and their significance to assessment (e.g., pre-existing and
current diagnoses and treatment, physical/cognitive/mental functional limitations,
abilities, etc.).

D5) Considering variables relevant in the assessment process (e.g., vocational
and/or avocational histories, formal, informal, or military education or training,
pertinent individual assessment and appraisal, and/or labor market, etc.).

D6) Synthesizing information for vocational diagnosis, treatment/intervention
planning, conclusions, and/or recommendations.

D7) Following professional standards

a) Developing rehabilitation/treatment/intervention plan (e.g., individual or group
adjustment and/or career/vocational counseling, early return to work services,
accommodations, rehabilitation technology, job development and/or
placement, job seeking skills training, professional skills training, on the job
training, academic retraining, apprenticeship, internship, self-employment,
case management, referral, research, consultation, etc.)

b) Understanding specific barriers/opportunities (e.g., client, support system,
labor market, environment, jurisdictional, legal, systemic, etc.) to successful
implementation of the plan

c) Outlining specific objectives and/or goals associated with the plan

d) Monitoring activities vis-à-vis the plan and intervening whenever necessary
through the provision of services or the referral to appropriate services

When there is a suspected violation of the Code by an IARP member, consultation
should occur with the member or other colleagues to seek an informal resolution. When
an informal resolution is not appropriate, violations can be reported to the Standard
Compliance Review Board (SCRB). The SCRB is made up of an elected advisory
panel of IARP professional members from the various disciplines to review the conduct
of IARP professional members and determine if a particular action is in violation of the
IARP Code of Ethics. The conduct in question is reviewed by the panel objectively and
recommendations are made to the IARP Board that could include revocation of their
IARP membership. A recommendation can be made to report the behavior in questions
to that member’s credentialing or licensing board.

Clarification of the “Client” in Forensics
Approved 12/20/07

Purpose

Who is the “client” in a forensic rehabilitation evaluation has been the source of
confusion and much debate among expert witnesses for many years. In an attempt to
clarify the issue, several leaders within the rehabilitation forensic practice setting met in
Las Vegas, Nevada on November 4, 2007 to review the various definitions of “client”
among several of the codes of ethics to which forensic certificants or professional
members adhere. The goal of the work group was to identify and define the intent of
the relationship among the parties in a legal matter and to offer definitions to clarify
those relationships utilizing terminology that might be universally accepted by
certification and membership bodies to which many rehabilitation expert witnesses
belong.

Roles of Parties in a Forensic Setting
The work group members agreed that:
• in a forensic setting, the professional who is engaged as an expert witness has
no client;
• the responsibility of the expert witness is to communicate the truth of the matter
based on the case-related facts and the education, training, and experience of
the expert;
• the opinion(s) communicated by the expert witness should be objective and
unbiased and not advocate for any party in the legal matter, such as the interests
of the referral source, person being evaluated, or any other party in the legal
matter; and,
• the expert witness must use sound methodology and empirical data, using their
unique specialized knowledge and skills to analyze the empirical data, generate
hypotheses, test their validity against the facts, and to use skilled clinical
judgment to express opinions that reflect the issue(s) at hand.
Definitions of Parties in a Forensic Setting
Further, the work group agreed on the following definitions:
• Evaluee: The person who is the subject of the objective and unbiased
evaluation.
• Referral Source: The individual who referred the case to the expert witness.
This may be through self-referral of the evaluee, family member, attorney,
insurance company, or other source.
• Payor: The entity paying for the services provided by the forensic rehabilitation
expert. This may be the evaluee, family member, attorney, insurance company,
referral source, or other source.

Work Group Members
Mary Barros-Bailey, PhD, CRC, CDMS, CLCP, NCC, D/ABVE
Intermountain Vocational Services, Inc., Boise, ID
Chair, 2007-2008, Commission on Rehabilitation Counselor Certification (CRCC)
Member, Assessment/Forensics Work Group for the Revision of the Code of
Professional Ethics for Rehabilitation Counselors (CRCC), 2007-Present
Panel, 2006-Present, Ethics Interface Column, Journal of Life Care Planning
Chair, 2005-2007, Ethics Committee, CRCC
Chair, 2003-2006, International Association of Rehabilitation Professionals (IARP),
Revision Committee for the Code of Ethics, Standards of Practice, and
Competencies
Jeffrey Carlisle, MA, CRC, CDMS, CCM, LRC, QRP
Carlisle Rehabilitation Services, Inc., Lutz, FL
Leader, Assessment/Forensics Work Group for the Revision of the Code of Professional
Ethics for Rehabilitation Counselors (CRCC), 2007-Present
Chair, 2007-2008, Standards and Ethics Committee, Florida Chapter, IARP
Chair, 2005-2006, CRCC
Chair, 2003-2005, Ethics Committee, CRCC
President, 1998-1999, NARPPS (now IARP)
Michael Graham, EdD, D/ABVE, CRC, CCM, CEA
The Graham Consulting Group, San Ramon, CA/Honolulu, HI
President, 2000-2001 and 2007-2009, American Board of Vocational Experts (ABVE)
Ann Neulicht, PhD, CRC, CVE, CDMS, CLCP, LPC, D/ABVE
Raleigh, NC
Chair, 2007-2008, Ethics Committee, CRCC
Chair, 1998-1999, NARPPS (now IARP) Forensic Section
Robert Taylor, MA, LPC, CRC, CDMS, CLCP
Vocational Diagnostics, Inc., Phoenix, AZ
President, 2005-2007, IARP
Member, 2003-2006, International Association of Rehabilitation Professionals (IARP),
Revision Committee for the Code of Ethics, Standards of Practice, and
Competencies
Ann Wallace, PhD, LMFT, CRC, CLCP, D/ABVE
Wallace & Associates, Inc., Santa Ynez, CA
Chair, 2007-2008, IARP Forensic Section
Panel, 2006-Present, Ethics Interface Column, Journal of Life Care Planning
Adjunct Faculty, 2005-Present, Antioch University, “Ethics and the Law in Counseling”
Member, 1985-1990, Ethics Committee, California Association of Rehab and
Re-Employment Professionals (CARRP)

References
American Board of Vocational Experts. (2007). Code of Ethics. Aptos, CA: Author.
American Board of Vocational Experts. (2007, November 30). Refinement of Code of
Ethics Definitions. Aptos, CA: Author.
American Psychological Association. (2002). Ethical Principles of Psychologists and
Code of Conduct. Washington, DC: Author.
American Rehabilitation Economics Association. (1998). Code of Standards and
Ethics. El Cajon, CA: Author.
Certified Disability Management Specialists Commission. (2007). Code of Professional
Conduct. Schaumburg, IL: Author.
Commission on Rehabilitation Counselor Certification. (2001). Code of Professionals
Ethics for Rehabilitation Counselors. Schaumburg, IL: Author.
International Association of Rehabilitation Professionals. (2006). IARP Code of Ethics,
Standards of Practice, and Competencies. Glenview, IL: Author

 

IARP Standards and Code of Ethics
Last updated December 2007