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Editor’s note: American Counseling Association members received the 2005 ACA Code of Ethics bundled with the December 2005 issue of Counseling Today.

Completed over a three-year period, this revision of the ethical code is the first in a decade and includes major updates in areas such as confidentiality, dual relationships, the use of technology in counseling, selecting interventions, record keeping, end-of-life issues and cultural sensitivity.

Kirk Fjellman's former wife turned in the couple (who had married in September 2003) to the state which then ordered the now-named La Rae Lundeen Fjellman to not have sex with any former client and to pay a civil penalty, according to an Associated Press article [2016: URL no longer exists].

The state of Minnesota rescinded its order against her in February 2007, but not before Lundeen Fjellman had spent more than ,000 in legal fees, another AP article [2016: URL no longer exists] stated.

All ACA members are required to abide by the ACA Code of Ethics, and 22 state licensing boards use it as the basis for adjudicating complaints of ethical violations.

14.6 Art therapists remain especially attentive to clients’ behaviors when any danger of client regression or negative reaction to termination exists.[2009] TASSC 70, the Supreme Court of Tasmania quashed a decision of the Psychologists Registration Board of Tasmania to suspend a psychologist for 6 months for entering into a sexual relationship with a former patient fewer than 2 years after the end of the therapeutic relationship. The appropriate test must be whether a sexual relationship would exploit the client or put the health of the client at risk. The Supreme Court quashed the decision because the Board switched from considering these allegations as a breach of a code of conduct to considering them as an allegation of professional misconduct at common law without adequately bringing the switch to the unrepresented psychologist’s attention. Justice Blow engaged in a mini-review of recent cases about health professionals and sex with former patients:“In my opinion the fact that the professional relationship had ended at the time the sexual relationship commenced is not of itself determinative.Engaging in any type of sexual or intimate relationship with a current client is abuse of power.Clients come into counseling emotionally and psychologically vulnerable and in need of assistance, so a counselor trying to engage in such relationships would be trying to take advantage of that client and their vulnerabilities to meet their own needs.A psychologist who enters into a sexual relationship with a client or former client at that person’s request, and who does so when he knows or ought to know that he is thereby putting the other’s health (mental or otherwise) at risk, acts unprofessionally.This is particularly so where transference may still operate so as to induce the client to seek the intimacy.I know of no other profession that has such a rule, and I suspect that only the priesthood has a stricter rule.56 In [1995] 2 Qd R 154 at 162, Dowsett J, constituting Queensland’s Medical Assessment Tribunal, referred to a number of factors relevant to the evaluation of impropriety when there is a complaint about a sexual relationship between a doctor and a patient.ACA Chief Professional Officer David Kaplan conducted the following interview with ACA Ethical Code Revision Task Force Chair Michael Kocet. Sexual or romantic interactions with clients continue to be prohibited? The 2005 ACA Code of Ethics continues to recognize the harm that can be impacted upon clients when they are sexually intimate with their counselor.David Kaplan: Today we are going to be talking about changes around sexual or romantic relationships specifically as they relate to Standard A.5. To start off, my understanding from the new code is that sexual or romantic interactions between a counselor and a current client continue to be prohibited. DK: However, some things that do change include increasing the number of intervening years that must pass in order to have a romantic/sexual relationship with a former client and a new prohibition on romantic/sexual relationships with the family members and romantic partners of clients. The counseling relationship is one based on trust, so we must respect the power differential inherent in any counseling relationship regardless of the counselor’s theoretical orientation or perspective.