The moka.care deontology charter

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At moka.care, we are committed to supporting your company and your employees on mental health issues in the most thorough way possible. We make it a point of honor to ensure that this support is respectful of your organization, your employees and their private lives, and the professionalism of the practitioners we work with. To do this, we rely on a deontology charter.

What the moka.care deontology charter means for your company

Adapted, high-quality, inclusive, preventive and responsive support for both employees and the company
We provide personalized advice to your company in order to implement a mental health action plan. In particular, this advice is based on anonymized and aggregated data to allow for the identification of specific mental health problems.

A mental health action plan may include:

• High-quality group training courses, which are subject to continuous improvement processes,
• Individual referral of employees to the most appropriate practitioners,
• Self-care content recommendations,
• Personalized advice from mental health experts, enabling your company to manage potential crises,
• Assistance with internal dialogue to defuse situations where mental health is an issue (mediation, dialogue between employees and their manager or HR, etc.).

Unwavering protection of employee and company confidentiality
No information about your company and its mental health issues, as well as challenges faced by your employees, is made public by moka.care.

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What the moka.care deontology charter means for your employees

Inclusive support
Our practitioners and our team of psychologists provide mental health support to all people regardless of age, gender, cultural origin, social background, sexual orientation, disability, physical appearance and social situation.

Adapted, quality and responsive support
To offer this support to your employees:

• We take great care in selecting practitioners who are able to help them, whatever the situation they are facing,
• Our team of referring psychologists will direct them to the best available practitioner as quickly as possible,
• We will direct them to another practitioner in our community as soon as they ask us to do so (e.g., problem in the therapeutic alliance, or inadequacy of the skills needed for the support), or when the practitioner considers this reorientation necessary,
• We take into account their satisfaction and measure the impact of our support on their well-being in order to continuously improve.

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Confidentiality - the keystone

• All their exchanges, whatever they be, with our referring psychologists and practitioners are entirely confidential and covered by professional secrecy.
  Whether in France, the European Union or the United States, professional secrecy can only be lifted in serious situations provided for by the specific legal provisions of each country.
  
• No data about them as individuals will ever be shared with your company. We only provide you with anonymous, aggregated data, with the sole aim of improving quality of working life.
  
• The personal data we collect is stored securely, and complies with the European Union's General Data Protection Regulation.
  
  

Neutrality - a pillar
Our practitioners and our team of referring psychologists are committed to maintaining a neutral stance in the relationship between companies and their employees, and thus do not take any position that could go against the company's interests.

• They do not suggest terminating employment contracts, nor are they entitled to do so.
• They do not recommend or provide sick leave, as they are not doctors. In the event an employee's mental health presents a serious risk that warrants taking sick leave, practitioners refer the employee to a qualified doctor.
• They will not agree to give evidence or testify in a dispute between your company and an employee, unless ordered to do so by a court.
• They may agree to provide a certificate for psychological follow-up for the employees they monitor in the context of disputes not involving your company.

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What the moka.care deontology charter means for our practitioners

Solid and proven skills

• Our psychologists, coaches and therapists have received a high level of theoretical and practical professional training, enabling them to practice their profession.
• They commit to ongoing training to develop their professional knowledge and skills. To this end, moka.care offers them the opportunity to join intervision groups in order to gain perspective on their practice and maintain a dynamic of growth and upskilling to better serve the employees they follow.

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A high level of professionalism

• Our practitioners are committed to using all their skills to help your employees flourish, and can refer them to a colleague if necessary.
• They treat their work seriously and with respect, and are entitled to refuse care that is not in line with their ethics or skills. In such cases, they refer the employee concerned to other more suitable professionals.

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Confidentiality and professional secrecy - watchwords

• Our practitioners are bound by professional secrecy and treat all information about an employee as strictly confidential.

• They ensure the anonymity of the people who consult them and do not communicate any information about a person to a third party without their consent.
• They guarantee the strict confidentiality of the discussions held during the employee’s sessions.

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⚠️ In serious situations, our practitioners may break confidentiality, especially if the person is a danger to themselves or others, or if they break the country’s law.

The European Court of Human Rights in the European Union and the Supreme Court of the United States pay particular attention to the protection of professional secrecy.

The disclosure of any professional secret to the judicial authorities can only be exercised by the practitioner in situations of necessity or general interest, as recognized by the case law of the countries concerned.

For French practitioners, professional secrecy is subject to a strict legal framework and rules. Any violation is sanctioned by Article 226-13 of the Penal Code. Article 226-14 nevertheless lists certain circumstances in which the law imposes or authorizes the disclosure of a professional secret: 

1. When a minor or a person who is unable to protect themselves because of their age or physical or mental incapacity is subjected to abuse or deprivation, including sexual abuse or mutilation.
   ⇒ The practitioner informs the judicial, medical or administrative authorities
   
   
2. When the practitioner observes, while exercising their profession, any physical or psychological abuse and deprivation
   ⇒ They inform the Public Prosecutor or the CRIP (departmental unit for the collection of worrying information), with the agreement of the non-vulnerable adult victim (agreement not necessary in the case of a minor)
    
3. When the practitioner observes, while exercising their profession, any conjugal violence
   ⇒ They inform the Public Prosecutor, even without the agreement of the adult victim after having asked them, provided that the practitioner considers that the victim's life is in immediate danger and that they are under the influence of the abuser.
    
4. When the practitioner is aware that the person(s) consulting them is a danger to themselves or to others and that they are known to be in possession of a weapon or have expressed an intention to acquire one.
   ⇒ The practitioner informs the Prefect (or the police commissioner if in Paris)
   Given the imperative nature of professional secrecy, the practitioner who decides to reveal it in these situations only communicates what is strictly essential to arrive at the truth.
   Under the terms of Article 226-14 of the Penal Code, the disclosure of information to an authority is not compulsory but authorized: it is based on an assessment, a professional stance, and an ethical choice made by the practitioner at their own discretion.
   
   

❓ What behavior is recommended for a practitioner in a situation not covered by Article 226-14 of the Penal Code but which they consider worrying?

All while respecting professional secrecy, they can discuss the worrying situation with moka.care's team of referring psychologists, who are always available to practitioners.

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