Subject: Text of AIC Draft Code of Ethics
TO: AIC Membership in Attendance at the annual meeting, Denver FROM: AIC Ethics and Standards Committee Debbie Hess Norris, Chair Carol Aiken Nancy Ash Dan Kushel Donna Strahan Discussion Document: Code of Ethics and Guidelines for Practice DATE: May 21, 1993 Attached please find our first discussion document, the revised Code of Ethics and Guidelines for Practice. The committee has worked diligently to prepare a proposed revision to our current Code that is clear, concise, practical, realistic, and inclusive. In doing so the committee has carefully considered all opinions and commentary received from the membership and made every attempt to incorporate necessary and recommended changes where possible. The committee will discuss this document at the Ethics and Standards Issues Session scheduled for Thursday, June 3, at 8:30 a.m. in the Imperial Ballroom, Hyatt Regency, Denver, Co. Future plans for revision are as follows: The committee will distribute a first draft to all AIC members in July 1993. This draft will incorporate changes to the document which may be based on recommendations from legal counsel, as well as those received from the membership in Denver. A final document will be presented and discussed at the 1994 general meeting in Nashville, Tennessee with a mail vote thereafter. We welcome your opinions on this discussion document in terms of content, language, unrealistic expectations, omissions, etc. Committee members will be available at the Ethics and Standards table during most of the coffee breaks throughout the meeting. Please make every effort to attend the Issues Session on Thursday, June 3 at 8:30 a.m. Your careful consideration of and comments on this discussion document at that time will certainly be appreciated . CODE OF ETHICS AND GUIDELINES FOR PRACTICE PREAMBLE The preservation of cultural property is the primary goal of the conservation profession. Cultural property, material of significance that may be artistic, historic, scientific, religious, or social, constitutes an invaluable and irreplaceable legacy that must be preserved for future generations. In striving to achieve this goal, conservation professionals assume certain obligations to the cultural property, to its owners and custodians, to the conservation profession, and to society as a whole. This document, the Code of Ethics and Guidelines for Practice of the American Institute for Conservation of Historic and Artistic Works (AIC), sets forth the principles that guide conservation professionals and others who are involved in the care of cultural property. Code of Ethics I. Conservation professionals shall strive to attain the highest possible standards in all aspects of conservation, including, but not limited to, preventive conservation, examination, documentation, treatment, research, and education II. All actions of the conservation professional must be governed by an informed respect for the aesthetic, conceptual, and physical character of cultural property and for the people who created it III. While acknowledging the legitimate right of society to make use of cultural property, the conservation professional shall serve as an advocate for cultural property, its preservation, and its appropriate and respectful use. IV. The conservation professional shall practice within the limits of personal competence and education as well as within the limits of the available facilities. V. While circumstances may limit the extent of conservation, the quality of conservation must not be compromised Furthermore, the quality of conservation shall not be affected by the value of the cultural property. VI. The conservation professional must strive to select methods and materials that, to the best of current knowledge, do not endanger cultural property. If at all possible, the conservation professional should not use methods and materials that adversely affect future examination, scientific investigation, or treatment. VII. The conservation professional shall document examination, scientific investigation, and treatment and create permanent records and reports. VIII. The conservation professional shall recognize a responsibility for preventative conservation by endeavoring to limit damage or deterioration to cultural property, providing guidelines for continuing use and care, recommending appropriate environmental conditions for storage and exhibition, and encouraging proper procedures for handling, packing, and transport. IX. The conservation professional shall treat all professional relationships with honesty and respect, seek to ensure the rights and opportunities of all individuals in the profession, and recognize the specialized knowledge of others. The conservation professional shall not detract from the dignity and credibility of the profession. X. The conservation professional shall endeavor to contribute to the evolution and growth of the profession by such means as continuing development of personal skills and knowledge, sharing of information and experience with colleagues, adding to the profession's written body of knowledge, and providing and promoting educational opportunities in the field. XI. The conservation professional shall promote an awareness and understanding of conservation through communication with allied professionals and the public. XII. The conservation professional shall practice in a manner that minimizes personal risks and hazards to co-workers, the public, and the environment. XIII. Each conservation professional has the obligation to promote understanding of and adherence to this Code of Ethics. Guidelines for Practice The conservation professional should use the following guidelines and supplemental commentaries together with the AIC Code of Ethics in the pursuit of ethical practice. The commentaries are separate documents, created by the AIC membership, that amplify the guidelines and are intended to accommodate growth and change in the field. Professional Conduct 1. Conduct: Adherence to the Code of Ethics and Guidelines for Practice is a matter of personal responsibility. Recognizing that specific circumstances may have a legitimate bearing on professional decisions, the conservation professional should always be guided by the intent of this document. 2. Disclosure: The conservation professional should share complete and accurate information regarding materials or procedures, analysis and research. The conservation professional should recognize the importance of published information, especially that which undergoes formal peer review. 3. Laws and Regulations: Regardless of the nature of employment, the conservation professional should be cognizant of laws and regulations that may have a bearing on professional activity. Among these laws and regulations are those concerning the rights of artists and their estates, occupational health and safety, sacred and religious material, excavated objects, and endangered species 4. Practice: Regardless of the nature of employment, the conservation professional should follow appropriate standards for safety, security, contracts, fees, and advertising. 4a. Safety: Conservation professionals should be aware of issues concerning the safety of materials and procedures that they intend to use. 4b. Security: The working and storage conditions provided by a conservation professional should be designed to protect cultural property. 4c. Contracts: The conservation professional may enter into contractual agreements with individuals, institutions, businesses, or government agencies provided that such agreements do not conflict with the provisions of the Code of Ethics and Guidelines for Practice. 4d Fees: The conservation professional should charge fees commensurate with services rendered The division of a fee is acceptable only when it is based on the division of service or responsibility 4e. Advertising: In advertising and other representations, the conservation professional should provide an accurate description of credentials and services. Limitations concerning the use of the AIC name or membership status should be followed as stated in the AIC Bylaws, section 11, 13. 5. Communication: Communication between the conservation professional and the owner or custodian of the cultural property is essential to ensure an agreement that reflects shared decisions and realistic expectations. 6. Consent: The conservation professional should act only with the consent of the owner or custodian. The owner or custodian should be informed of any circumstances that necessitate significant deviations from the agreement. Whenever possible, notification should be made before such deviations occur. 7. Confidentiality: The conservation professional should consider relationships with owners or custodians as confidential. Information derived from examination, scientific investigation, or treatment of the cultural property should not be published or otherwise made public without permission in writing. 8. Supervision: The conservation professional is responsible for work delegated to other professionals, students, interns, volunteers, subordinates, or agents and assignees. Work should not be delegated or subcontracted unless the conservation professional can supervise the work directly, can ensure proper supervision, or has sufficient knowledge of the agent to be confident of the quality of the work. When appropriate, the client or custodian should be informed if such delegation is to occur. 9. Education: Within the limits of knowledge and ability, time, and facilities, the conservation professional is encouraged to become involved in the education of conservation personnel. The objectives of the parties shall be mutually agreed upon. 10. Consultation: Since no individual can be expert in every aspect of conservation, it may be appropriate to consult with colleagues or, in some instances, to refer the owner or custodian to a professional who is more experienced or better equipped to accomplish the required work. If the owner requests a second opinion, this request must be respected. 11. References: The conservation professional should limit references and recommendations to direct knowledge of a colleague's competence and experience. 12. Adverse Commentary: Except when nondisclosure may endanger cultural property, the conservation professional should not volunteer adverse judgment or comment on the work of another. A conservation professional should provide advice for those seeking relief against negligent or unethical practices. All comments must be based on facts and personal knowledge rather than on hearsay. 13. Reporting Misconduct: Allegations of unethical conduct should be reported in writing to the president of the AIC as described in the AIC Bylaws, section 11, 12. As stated in the bylaws, all correspondence regarding alleged unethical conduct shall be held in the strictest confidence. 14. Conflict of Interest: The conservation professional should avoid situations in which there is a potential for a conflict of interest that may affect the quality of work, lead to the dissemination of false information, or give the appearance of impropriety. 15. Related Professional Activities: The conservation professional should be especially mindful of the considerable potential for conflict of interest in activities such as authentication, appraisal, or art dealing. Examination and Scientific Investigation 16. Justification: Careful examination of cultural property forms the basis for all future action by the conservation professional. Before undertaking any examination or tests that may cause change to cultural property, the conservation professional should establish the necessity for such procedures. 17. Sampling: Prior consent must be obtained from the owner or custodian before a sample is taken from a cultural property. Only the minimum sample required shall be removed, and a record of sampling must be made. When possible, the material removed should be retained. 18. Interpretation: Declarations of age, origin, or authenticity should be made only when based on sound evidence. 19. Scientific Investigation: The conservation professional should follow accepted scientific standards and research protocols. Preventive Conservation 20. Preventive Conservation: The conservation professional should recognize the critical importance of preventive conservation as the most effective means of promoting the long-term preservation of cultural property. The conservation professional should provide guidelines for continuing use and care, recommend appropriate environmental conditions for storage and exhibition, and encourage proper procedures for handling, packing, and transport. Treatment 21. Suitability: The conservation professional should only recommend or undertake treatment that is judged suitable to the preservation of the aesthetic, conceptual, and physical characteristics of the cultural property. When nonintervention best serves to promote the preservation of the cultural property, it may be appropriate to recommend that no treatment be performed. 22. Materials and Methods: The conservation professional is responsible for choosing materials and methods appropriate to the objectives of each specific treatment and consistent with currently accepted practice. The advantages of the materials and methods chosen must be balanced against their potential adverse affects on future examination, scientific investigation, and treatment. 23. Compensation for Loss: Any intervention to compensate for loss should be documented in treatment records and reports and should be detectable by common methods of examination. Such compensation should be reversible and should not falsely modify the known aesthetic, conceptual, and physical characteristics of the cultural property, especially by removing or obscuring original material. Documentation 24. Documentation: The conservation professional has an obligation to produce and maintain accurate, complete, and permanent records of examination, sampling, scientific investigation, and treatment. When appropriate, the records should be both written and pictorial. The kind and extent of documentation may vary according to the circumstances. The purposes of such documentation are: * to establish the condition of cultural property; * to aid in the care of cultural property by providing information helpful to future treatment and by adding to the profession's body of knowledge; * to aid the owner or custodian and society as a whole in the appreciation and use of cultural property by increasing understanding of an object's aesthetic, conceptual, and physical characteristics; and * to aid the conservation professional by providing a reference that can assist in the continued development of knowledge and by supplying records that can help avoid misunderstanding and unnecessary litigation. 25. Documentation of Examination: Before any intervention, the conservation professional should make a thorough examination of the cultural property and create appropriate records. These records and the reports derived from them must identify the cultural property and include the date of examination and the name of the examiner. They also should include, as appropriate, a description of structure, materials, condition, and pertinent history. 26. Treatment Plan: Following examination and before treatment, the conservation professional should prepare a plan describing the course of treatment. This plan should also include the justification for and the objectives of treatment, alternative approaches, if feasible, and the potential risks. When appropriate, this plan may be submitted as a proposal to the owner or custodian for approval. 27. Documentation of Treatment: During treatment, the conservation professional should maintain dated documentation that includes a record or description of techniques or procedures involved, materials used and their composition, the nature and extent of all alterations, and any additional information revealed. A report prepared from these records should summarize this information and provide, as necessary, recommendations for subsequent care. 28. Preservation of Documentation: Documentation is an invaluable part of the history of cultural property and should be produced and maintained as permanently as practicable. Reports of examination and treatment must be given to the owner or custodian, who should be advised of the importance of maintaining these materials with the cultural property. Documentation is also an important part of the profession's body of knowledge. The conservation professional should strive to preserve these records and to provide appropriate access to them, when access does not contravene agreements regarding confidentiality. Emergency Situations 29. Emergency Situations: Emergency situations can pose serious risks of damage to or loss of cultural property that may warrant immediate intervention on the part of the conservation professional. In an emergency that threatens cultural properly, the conservation professional should take all reasonable action to preserve the cultural property, recognizing that strict adherence to the Code of Ethics and Guidelines for Practice may not be possible. AMENDMENTS Amendments: Proposed amendments to the Code of Ethics and Guidelines for Practice must be initiated by petition to the AIC Board of Directors from at least five members who are Fellows or Professional Associates of AIC. The board will direct the appropriate committee to prepare the amendments for vote in accordance with the procedures described in the AIC Bylaws Section VII. COMMENTARIES Commentaries: Commentaries are prepared or amended by specialty groups, task forces, and appropriate committees of AIC. A review process shall be initiated before final approval by the AIC Board of Directors. Ethics and Standards Edited Draft, 5/93 *** Conservation DistList Instance 7:4 Distributed: Thursday, June 17, 1993 Message Id: cdl-7-4-002 ***Received on Tuesday, 15 June, 1993