BOP Program Statement 3792.11 § 5

■ Ethical Standards for EAP Personnel. All EAP personnel will comply with the Code of

Professional Conduct for their respective disciplines. Anyone who believes a Bureau EAP

Counselor or an External EAP Counselor has violated the ethical standards, professional code

of conduct or licensure requirements for their respective professional discipline will report

their concerns to the component EAP Coordinator or the National EAP Coordinator, as

appropriate. These concerns can also be reported directly to the Counselor’s licensing body.

In addition, the following ethical standards also apply to all Bureau EAP personnel:

(1) EAP Coordinators and Counselors shall not engage in sexual relations with current or

former clients (for at least two years), nor shall they provide counseling services to a

client with whom they have had prior sexual relations. They shall not engage in sexual

relations with close relatives, guardians, or significant others of current clients.

(2) Consistent with current American Psychological Association ethical guidelines, EAP

Coordinators and Counselors may not engage in sexual relations with former clients for at

least two years after the cessation of EAP services. In the most unusual circumstance that

such a relationship might occur following the two-year interval, the Psychologist bears

the burden of demonstrating there has been no exploitation of the former client.

Violations of the ethical standards above may result in disciplinary action up to and

including removal from Federal service.

■ Standards of Employee Conduct. Employees will report any violation or apparent

violation of Standards of Employee Conduct by Bureau of Prisons EAP personnel to their

CEO or any other appropriate authority in accordance with the Program Statement

Standards of Employee Conduct.

■ Conflict of Interest. The EAP will be placed organizationally in an area of the component

that assures freedom from either a conflict of interest or ethical compromise, or the

appearance of either. Specifically:

(1) EAP Coordinators and Counselors will not have primary nor collateral duties as a Drug

Free Workplace or Employee/Labor Relations Manager. If a Psychologist must serve in

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an acting capacity as the administrative manager with oversight of the Drug Free

Workplace or Employee/Labor Relations Manager (e.g., Acting Associate Warden), they

must recuse themselves of Drug Free Workplace or Employee/Labor Relations Manager

actions that pertain to any known EAP client.

(2) It is a conflict of interest for EAP Counselors to conduct employee evaluations (e.g.,

fitness for duty, disability\workers compensation). Under no circumstances should these

evaluations be assigned to a Bureau Psychologist. In the case of threat assessments, an

employee’s EAP Counselor will not sit on a threat assessment committee involving that

employee.

■ Confidentiality. Information concerning a client’s status with the EAP may not be divulged

without the express written consent of the client or as otherwise permitted by law (see EAP

Consent for Release of Confidential Information-Redisclosure Prohibition (BP-A0907)).

Disclosure of information without such consent is prohibited except in the following cases:

(1) If a Bureau EAP Counselor has information suggesting an imminent and potential crime

that directly threatens loss of life or serious bodily injury, it must be released to intended

victims and/or law enforcement agencies (to include the CEO) to the extent necessary to

prevent the potential crime.

(2) Information regarding incidents of suspected child abuse or neglect must be reported to

appropriate State or local authorities under State law. State and local laws may also

govern the disclosure of other information (e.g., domestic violence, elder abuse). In the

absence of applicable laws regarding domestic violence and elder abuse, if the EAP

Counselor determines there exists an imminent and potential crime that directly threatens

loss of life or serious bodily injury, the information will be shared with local authorities.

(3) In medical emergencies, relevant information may be released to medical personnel.

(4) Information may be released if authorized by order of a court of competent jurisdiction

and deemed necessary in connection with the investigation or prosecution of an

extremely serious crime or related to evidence in connection with litigation. Institution

and/or Regional Counsel should be contacted immediately upon receipt of any court

order requesting information. No release may take place, however, without review and

approval of Regional Counsel.

(5) For purposes of scientific research, audits (management and financial), and program

evaluation, non-identifying, demographic information may be released to qualified

personnel.

■ Informed Consent. Ordinarily, before any employee discloses personal information with a

Bureau EAP Counselor, they will be briefed on the EAP program’s purpose and the limits of

confidentiality.

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(1) The EAP Counselor will verbally discuss the EAP’s purpose, which is to provide short-term counseling and referral services.

(2) The EAP Counselor will verbally review the client’s rights and the limits of

confidentiality. The employee will be given the Statement of Client Understanding form

(BP-A0906) to read and sign. If the employee signs the confidentiality statement, they

indicate understanding of, and agreement with, the limits of confidentiality.

(3) The EAP Counselor will verbally educate the employee about the EAP Consent for

Release of Confidential Information-Redisclosure Prohibition form (BP-A0907) that will

be required if the employee wishes information released. While consent may initially be

given verbally (e.g., by telephone), it must be confirmed in writing.

(4) If a supervisor has referred the employee, the employee and the EAP Counselor will

discuss what information can be released, if any. Under no circumstances will an

employee be required or coerced into providing consent for release of information.

(5) Occasionally a crisis situation will arise when the normal discussion of confidentiality

and EAP services must be given in an abbreviated form or given after the major point of

crisis has passed. The EAP Counselor should carefully review the program and the limits

of confidentiality with the client as soon as it is practicable to do so. This discussion

should be documented in the EAP record.

■ Consultation and Supervision. EAP Counselors may receive consultation and supervision

on EAP cases without disclosing client name or identifying information. EAP Counselors

will not identify EAP clients without a signed EAP Consent for Release of Confidential

Information - Redisclosure Prohibition form (BP-A0907), except as permitted in Section 5 of

this Program Statement.