The moka.care deontology charter

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At moka.care, we are committed to offering our clients and their employees thorough mental health support that is accessible to all. We can do this thanks to you. We make it a point of honor to ensure that this support respects your professionalism, the privacy of the people you receive, and the companies that place their trust in us. To do this, we rely on a deontology charter. Here, we summarize the main points in full transparency and with no legal jargon, promise.

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What the moka.care deontology charter means for you

Solid and proven skills

• As a psychologist, coach or therapist, you have received a high level of theoretical and practical professional training, enabling them to practice their profession.
• You commit to ongoing training to develop your professional knowledge and skills. To this end, moka.care offers you the opportunity to join intervision groups in order to gain perspective on your practice and maintain a dynamic of growth and upskilling to better serve the employees you follow.

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A high level of professionalism

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

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Confidentiality and professional secrecy - watchwords

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

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

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⚠️ In serious situations, you 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.
   ⇒ You inform the judicial, medical or administrative authorities
   
2. When the practitioner observes, while exercising their profession, any physical or psychological abuse and deprivation
   ⇒ You 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
   ⇒ You 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.
   ⇒ You inform 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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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.

• You do not suggest terminating employment contracts, as this falls outside your area of expertise.
• You do not recommend or provide sick leave, as you are not a doctor. In the event an employee's mental health presents a serious risk that warrants taking sick leave, you refer the employee to a qualified doctor.
• You will not agree to give evidence or testify in a dispute between the company and an employee, unless ordered to do so by a court.
• You may agree to provide a certificate for psychological follow-up for the employees you monitor in the context of disputes not involving the company.

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What the moka.care deontology charter means for covered 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 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 the company. We only provide it 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.

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What the moka.care deontology charter means for our business clients

Adapted, high-quality, inclusive, preventive and responsive support for both employees and the company

We provide personalized advice to the 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 the 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.).

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

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