Introduction to
Professional Ethics
Tommy Boone
Professor and Chair
Director, Exercise Physiology Laboratories
Department of Exercise Physiology
The College of St. Scholastica
Duluth, MN
In this article
I examine the professional code of ethics that is binding to the members
of professional organizations. How members think and relate to others
is strongly influenced by ethics. The American Society of Exercise
Physiologists (ASEP) has its own ethics document. Its Board of Directors
is concerned with right and wrong and how exercise physiologists make decisions.
Members may not realize it, but they are expected to know the ASEP Code of
Ethics. As you read this article, I hope you will discover that a code
of ethics can neither guarantee ethical behavior nor resolve all ethical
issues and disputes [1]. Instead, the purpose of a code of ethics is
to encourage accountability through sound ethical conduct. Ethics codes
help to guide professionals to protect themselves from unethical behavior
and to safeguard the welfare of clients [2].
It is important
that you have an ethical sense of what may be considered a conflict between
ideas and standards expressed in a code. Remember, the ASEP Code of
Ethics is the first-ever exercise physiology standard (what you should do)
of practice [3]. Now, exercise physiologists can define whether their
practice is reasonable or unreasonable, responsible or irresponsible, and
ethical or unethical. This is a tremendous benefit to the evolving
profession of exercise physiology and its members. You may not have
thought about it, but in cases of conflict between ethics and professional
responsibility, the ASEP ethics code (ASEP, 2003) helps to resolve conflicts
to ensure professional accountability. The code is written to help
determine right from wrong. It has a direct relationship to developing
professionalism [4].
Accepted as an
original component of the first ASEP Charter [5], the ethics code for exercise
physiologists has not undergone revisions from its first conception.
As such, it may be necessary in the future to revise the code. But, for now,
the code does an excellent job as guidelines for defining the ASEP practice
of exercise physiology to protect the public from unethical thinking.
The newly formed “Ethics Committee” is responsible for overseeing the code,
concerns that arise that may require new thinkingabout the code, the education
and conduct of members, and processes complaints against individual members.
Also, when necessary, the Ethics Committee works with the “Professional Practice
and Discipline Committee” to handle complaints against individual “Exercise
Physiologist Certified” (EPC) members (6).
“Regarding the
EPC member, the committee launches an investigation and deliberates on the
case according to the following step (6):
1. The
ASEP Board of Certification, by a majority vote, shall appoint five persons
who are Certified Exercise Physiologists to the "Professional Practice and
Discipline Committee".
2. When the Board of Directors receives allegations that raise the issue
of "Revocation of Certification”, the Board of Directors shall transmit such
allegations to the Chair of the Professional Practice and Discipline Committee.
3. If the Committee determines that no good cause exists to question eligibility
or compliance with the Standards of Professional Practice, no further action
shall be taken.
4. If the Committee determines, by majority vote, that good cause does exist,
it shall direct the transmittal to the applicant or certificant by certified
mail or tracked courier, return receipt requested, of a letter containing
a statement of the factual allegations constituting the alleged violation
and the disciplinary standard allegedly violated. The letter shall
also include the following recitation of rights and procedures (6):
A.
The applicant or certificant shall have 30 days in which to respond to the
allegations, provide comments regarding appropriate sanctions, and request
an oral hearing if he or she disputes the allegations.
B. Sanctions may be imposed if the allegations are determined to be true
by the Committee, or if the applicant or certificant fails to submit a timely
response.
C. The applicant or certificant will be deemed to consent to the imposition
of sanctions by the Committee if he or she does not dispute the truthfulness
of the allegations.
D. The applicant or certificant must appear in person if he or she requests
a hearing.
E. The applicant or certificant may be represented by counsel at the hearing,
may present evidence on his or her behalf, and may examine or cross-examine
any witness under oath."
"If an applicant or certificant
disputes the allegations and requests a hearing, the Chair of the Professional
Practice and Discipline Committee shall schedule a hearing before the Committee.
The opening statements by the applicant or certificant, any testimony, and
closing remarks shall be taped. The hearing and related matters shall
be determined by majority vote. The applicant or certificant may appeal
the decision by the Committee regarding the imposition of sanctions.
An appeal must be filed within 30 days of the applicant’s or certificant's
receipt of the decision through the submission of a written appeals statement
to the Committee."
"An Appeals Committee
of three Certified Exercise Physiologists from the Board of Certification
is formed by the Committee to render a decision, using majority vote, on
the record without oral hearing, although written briefing may be submitted.
The decisions of the Professional Practice and Discipline Committee and the
Appeals Committee shall be rendered in writing to the Chair of the Board
of Certification. A decision either by the Committee or the Appeals
Committee shall contain factual findings, conclusions of law, and any sanctions
applied. It shall be transmitted to the applicant or certificant by
certified mail or tracked courier, return receipt requested. Sanctions
for violations of any ASEP Standard may include one or more of the following:
(a) denial or suspension of eligibility; (b) revocation; (c) non-renewal;
(d) censure; (e) reprimand; (f) suspension; (g) special training; or (h)
other corrective actions. If the Committee believes that there is an
immediate and irreparable injury to the health of the public, the Committee
can, under the "Emergency Procedure", suspend certification for up to 60
days pending full hearing."
"The individual
applicant or certificant authorizes the ASEP Board of Certification and its
agents to communicate any information relating to the certification to employers,
other applicants and certificants, educational programs, and others by means
of newsletter or otherwise. The individual releases, discharges, and
exonerates the members of the ASEP Board of Certification and the members
of the ASEP Board of Directors, agents, and any person furnishing documents,
records, and other information relating to the individual's eligibility,
certification, or recertification from any and all liability of any nature
and kind, arising out of the furnishing or inspection of such documents,
records, or other information, and any investigation, evaluation, and communication
regarding the individual's eligibility, certification, or recertification,
made by the ASEP Board of Certification.”
While the ideal
standard of conduct is subject to interpretation by the ASEP organization,
there is an obvious right and proper conduct that is consistent with the
professional development of exercise physiology. For instance, doing
research on sports supplements might be viewed as questionable by some exercise
physiologists, but it would not be considered unethical unless the exercise
physiologists failed to follow the rules of accepted (right) research conduct.
Doing anything that fails to encourage athletes, adults, cardiac patients,
and clients in general to grow and develop without dependence on misinformation
is questionable, if not unethical. Exercise physiologists have a responsibility
to avoid doing harm, especially refraining from sharing information that is
not well researched or, perhaps, biased.
The primary responsibility
of exercise physiologists is to promote the welfare of the public through
the application of their specialized body of knowledge. This means
providing just, fair, and relevant information and service to each client,
regardless of cultural background, sex, disability, race, sexual orientation,
ethnicity, age, socioeconomic status, or religion. Traditional academic
exercise physiologists might not understand exactly the seriousness of this
point. For example, how can exercise physiologists do what is in the
best interests of athletes when they encourage sports supplements?
How can exercise physiologists determine whether their research will not
lead to increased use of illegal drugs in athletics? The possibility
of unintentional negative consequences may be the case, but the exercise
physiologists’ involvement in harming athletes cannot be evidence of a trusting
and professional relationship. Truthfulness is absolutely necessary
in the practice of exercise physiology.
In summary, the
following steps may prove helpful in thinking through ethical problems.
First, be sure that the conflict is an ethical dilemma. The way
to do this is to examine the situation against the ASEP Code of professional
conduct. Second, analyze and identify the important issues of a given
situation. Determine the influence, if any, the situation or dilemma,
if left uncorrected, may have on the welfare of the public. Third,
consider the ethical dilemma of not seeking professional
consultation. For example, it is essential that the certified exercise
physiologist does not violate the ethical code of the ASEP organization.
Where information or circumstances need clarification, seek consultation
from the ASEP organization to brainstorm the right course of action.
References
1. Corey, G., Corey, M.S. & Callanan, P. (2003). Issues and Ethics
in the Helping Professions. Pacific Grove, CA: Brooks/Cole.
2. Herlihy, B. & Corey, G. (Eds, 1996). ACA Ethical Standards Casebook.
5th edition. Alexander, VA: American Counseling Association.
3. American Society of Exercise Physiologists. (2003). Code of Ethics. [Online].
http://www.asep.org/asep/asep/ethics.htm
4. Kasar, J. & Clark, E.N. (2000). Developing Professional Behaviors.
Thorofare, NJ: SLACK Incorporated.
5. American Society of Exercise Physiologists. (2003). ASEP Charter. [Online].
http://www.asep.org/asep/asep/execbod.htm
6. American Society of Exercise Physiologists. (2003). Standards of Professional
Practice: Ethics Committee. [Online]. http://www.css.edu/ASEP/StandardsofProfessionalPractice.html
