April 2024: SW, Reference No: 00658450 , Registrant ID: 84186
April 2024: Steve Wasserman, Reference No:00658450 , Registrant ID: 84186
Outcome Details
This outcome was reached by agreement.
Reasons
Mr Wasserman a BACP member agrees to the following outcome of the investigation into a complaint of professional misconduct under reference PCP[…].
1. Background
1. Mr Wasserman has been a BACP member since […]
2. Mr Wasserman is currently practising.
1.3 On 8 April Year 2, the Complainant reported Steve Wasserman, an individual member of BACP, as follows:
1. The Complainant stated that she had counselling sessions with the Member between 12 December Year 1 and 29 March Year 2.
2. On 28 March Year 2, she received a voice message from the Member informing her that he wanted to use ChatGPT, an artificial intelligence, for her counselling. The Member stated that he wanted to use details that the Complainant had provided to him in order to 'create a framework for the therapy'. This surprised the Complainant as the Member had not mentioned using ChatGPT for her therapy sessions before.
3. At the same time as the voice message, the Member also asked the Complainant to complete a personality test. The Complainant detailed that she was aware that the results of the test may be used for ChatGPT, however, the questions in the test were generic. The Complainant stated that completing the test was not her consenting to the use of ChatGPT.
4. The next morning, the Complainant informed the Member that she would not be comfortable with the use of ChatGPT and she did not want to continue with the counselling sessions. The Complainant considered that the Member did not explain how the data input to ChatGPT would be stored, collected or shared. Further, the Member did not explain any evidence of benefits or risks of ChatGPT.
5. After the Complainant informed the Member that she was uncomfortable with the use of ChatGPT, the Member sent her two screenshots of a conversation he had with ChatGPT. The Member had used the Complainant's first name in the details that he inputted to ChatGPT and the Complainant details that his actions demonstrated a lack of understanding regarding the Complainant's concerns. The Member also inputted information which the Complainant had shared in confidence.
2. Admissions
2.1 Mr Wasserman makes the following admissions which the BACP accepts.
1. He failed to contract with the Complainant adequately or at all in that he:
a. Did not provide her with a contract at the outset of the therapeutic relationship; and/or
b. Did not recontract with her to address the use of ChatGPT.
2. In a voicemail to the Complainant on or around 28 March Year 2, he breached the Complainant’s trust by proposing the use of ChatGPT when that was in his own interests rather than the Complainant’s interests.
3. Mitigation
3.1 Mr Wasserman puts forward the following in mitigation, which has been taken into account by the Investigation & Assessment Committee (“IAC”) in deciding the appropriate outcome:
He has reflected on the issues which led to the complaint and apologises for the distress caused to the Complainant.
4. Conclusion
4.1 The issues identified and admitted by Mr Wasserman amounted to breaches of the Ethical Framework for the Counselling Professions 2018, in particular paragraphs:
8 (Any professional or personal interests that conflict with putting a client’s interests first will be carefully considered in consultation with a supervisor, an independent experienced colleague or, when appropriate, discussed with the client affected before services are offered).
12 (We will do everything we can to develop and protect our clients’ trust)
30 (We will usually provide clients with the information they ought to know in advance in order to make an informed decision about the services they want to receive, how these services will be delivered and how information or data about them will be protected. Where the urgency or seriousness of the situation requires us to intervene before providing such information, we will do so at the first appropriate opportunity.)
31 (We will give careful consideration to how we reach agreement with clients and will contract with them about the terms on which our services will be provided. Attention will be given to: a) reaching an agreement or contract that takes account of each client’s expressed needs and choices so far as possible; and/or b) communicating terms and conditions of the agreement or contract in ways easily understood by the client and appropriate to their context; and/or c) stating clearly how a client’s confidentiality and privacy will be protected and any circumstances in which confidential or private information will be communicated to others; and/or d) providing the client with a record or easy access to a record of what has been agreed; and/or e) keeping a record of what has been agreed and of any changes or clarifications when they occur).
4.2 One of the aims of the Professional Conduct Procedure is to protect members of the public. The IAC, in considering what sanction may be appropriate in the circumstances of this case, has taken into account the interests of public protection.
4.3 In relation to the findings above, the IAC considers it appropriate that Mr Wasserman should, within two months of the date of this agreement:
1. Provide a reflective piece addressing and demonstrating understanding of his need to provide immediate solutions for clients, and explaining how he plans to monitor and address that need in the future.
2. Provide evidence that he now has systems in place to ensure that appropriate contracting arrangements are made in every case.
3. Send to BACP a genuine, sincere and concise apology addressed to the Complainant, recognising and acknowledging the distress caused to her by his actions.
4. Provide confirmation that these issues have been discussed with his supervisor.
4.4 Mr Wasserman agrees that this agreement may be published by the BACP.
4.5 Mr Wasserman agrees that he will not act in any way inconsistent with this agreement such as, for example, by denying the findings in paragraph 2 above.
4.6 If Mr Wasserman acts in a way which is inconsistent with this agreement, his membership will be terminated. Such a decision will be published.
(Where ellipses [ . . . ] are displayed, they indicate an omission of text)