Chapter 1-Section 4

NBCC COE Section 2: Counseling Relationship

--refrain from suggesting their services to individuals who are "receiving similar services" --take reasonable action to warn any third parties with clients make threats to harm selves/others --counseling records are counselor's property but content of records belong to client--which means counselors must ask client's permission before sharing info w/others --permit client to access records, if requested --retain counseling records for at least 5 years after counseling relationship has ended, even if client has died --make certain that any client data that are stored electronically are protected and deleted when no longer necessary --remain aware of referral resources in community; counselors must always provide clients w/acceptable referral options if they have to prematurely terminate the counseling relationship --ensure that clients have access to other professionals who charge standard prices during and after involvement in brief counseling --provide clients participating in long-distance counseling with mental health resources in their area --abide by NBCC standards for ethical practice of internet counseling when engaging in long-dist. counseling using the internet --provide manual for any self-help computer stuff for online counseling

NBCC COE Section 1: General

--refrain from using counseling relat. to meet personal needs to the detriment of the client --avoid romantic relationships w/clients (can w/former clients 2 years after--but ACA req's 5 yrs) --recognize that all prof. behavior is a reflection on the counseling profession --stop providing counseling services if they breach the ethical code

COE--Section 5: Evaluation, Assessment & Interpretation. A counselor must...

--safeguard client welfare be making accurate interpretations of assessments, explaining it in plain language, and working to ensure that other pros do the same --only use assessment tools that you're trained to use --monitor assessment techniques used by any individuals under supervision --obtain informed consent --make culturally sensitive diagnoses of mental disorders --consider abstaining from making diagnosis if they think it would damage client in any way --use only assessment tools w/psychometric properties --use suitable assessment tools for different cultural groups --administer assessment tools under the same conditions that were established in standardization --avoid making copies or replications of assessments w/out permission from publisher --avoid using any assessments or results from assessments that are dated or no longer used --follow appropriate, contemporary procedures when creating assessments --refuse to perform forensic evaluations on current or former clients, as well as refuse to accept clients who are currently or have previously been evaluated for forensic purposes

COE Section 4: Relationships with Other Professionals.. Counselors must..

--show respect for pros and orgs that have different orientations --strive to create positive relationships w/other pros --only give staff members job responsibilities for which they are trained and qualified to perform --protect client confidentiality and promote the welfare of the client when working in inter-dis teams --recognize that by accepting employment at an org, they will work w/in that org's policies and procedures --notify employer of any unethical practices negatively affecting clients or counselors ability to provide services and work to change them --refrain from firing or persecuting an employee who has revealed in an ethical manner improper or unethical practices w/in his or her org --only function in a consultative capacity in areas for which they are trained or qualified --obtain informed consent before providing consultation --ensure that problem to be addressed and goals are constructed in collaboration w/consultee

NBCC Code of Ethics Section 4: Measurement and Evaluation

--truthfully represent psychometric properties of any assessment instruments discussed in communication w/public --use discretion when interpreting any data from assessment instruments with adequate technical info --refrain from providing clients w/copies of a test or training prior to their evaluation to avoid contaminating the outcomes of the test --routinely check that all computer-based assessment instruments are working correctly --avoid publicly disseminating any computer based assessment until its efficacy has been demonstrated

NBCC Code of Ethics Section 5: Research and Publication

--uphold any commitments made to contribute to the projects or publications of another researcher

NBCC Code of Ethics INTERNET COUNSELING - confidentiality

--use encryption software to secure online communications and discuss these security measures w/clients. if not possible, must discuss any limits of confidentiality w/clients --explain length of time data will be saved

3 Limits of Confidentiality

--when necessary to protect clients or identified others from serious and foreseeable harm --when clients disclose they have a life-threatening communicable disease that they may be infecting an identified other with and refuse to inform the other of their disease (but counselors are NOT required--just justified) --when ordered by court

COE-- Beneficence

...is in contrast to nonmaleficence. It means to do only good. For counselors, this means being proactive in advancing the health and well-being of their clients.

COE-- Fidelity

...to be faithful and loyal. For counselors this means facilitating trust, keeping one's word, and fulfilling any obligations they make to clients.

Fundamental objective of code of ethics

...to give information to professionals about how to practice in an ethical manner. They are accountability measures.

Eight sections of Code of Ethics

1. Counseling Relationship 2. Confidentiality, Privileged Communication, Privacy 3. Professional Responsibility 4. Relationships with other Professionals 5. Evaluation, Assessment and Interpretation 6. Supervision, Training, and Teaching 7. Research and Publication 8. Resolving Ethical Issues

Four Req'mts to Prove Negligence

1. Defendant owed plaintiff some kind of legal duty as stipulated by counselor-client relationship 2. Defendant breached that legal duty 3. Plaintiff has an authentic injury (e.g., physical, financial, psychological) 4. Defendant's breach of duty caused plaintiff's injury

Ethical Decision Making Model

1. Identify problem 2. Study pertinent codes of ethics and research 3. Reflect on the principles of the COE 4. Consult w/other professionals 5. Maintain awareness of emotions to make sure they do not cloud judgment 6. Include client in decision-making process whenever feasible 7. Decide how you'd like to see situation resolved and brainstorm courses of action 8.Examine possible consequences for all courses of action and select the one I'd like to take 9. Assess chosen course of action 10. Take action

What year was code of ethics created?

1961

When was the most recent revision to the code of ethics?

2005 (technology and end of life care sections were added)

How many revisions has the code of ethics gone through?

5

COE-- Nonmaleficence

is the foundational principle on which counselor's operate. It means do no harm to clients. First priority should always be to ensure that the client is not injured physically, mentally, or psychologically.

Intentional tort

it seems obvious that the counselor's actions would result in harm to the client, even if the counselor did not intend to injure the client

Negligence

occurs when counselors fail to use reasonable care in carrying out pro duties, resulting in injury for client

Subpeona

orders to be witness or provide testimony --always consult attorney to see if required --also consult client's attorney to see client's preference. client's attorney can make motion to quash subpeona --if receive subpeona and court order, must comply or be held in contempt of court. --although in this case, only share what is absolutely necessary

Privileged Communication

Legal term that protects certain counselor-client communication in the court systems. Varies in each state.

Two types of defamation

Libel Slander

Duty to Warm/Protect

Limit to confidentiality--when clients may harm self/others --child and elder abuse/neglect --domestic violence --suicide/self-harm --clients who are threat to other

Mandatory Ethics

Lowest standards by which all members must comply to behave ethically

Ethics

Moral principles that guide a person's behavior In counseling, the code of ethics guides professional practice to ensure the welfare and safety of clients and counselors.

Duty to Warn: Domestic Violence

Most states DON'T have legal requirement mandating counselors to report suspected/known DV.

Defamation Tort

Occurs when a counselor mars someone's reputation through intentional spreading of falsehoods.

Malpractice

Occurs when pro counselors fail to provide standard of care expected based on their credentials, skills, and experience. Plaintiff req'd to prove same four things as negligence cases. However unlike negligence cases, malpractice lawsuits generally require counselor to be licensed or certified by his/her state.

Confidentiality

Refers primarily to counselors' ethical duty to keep client disclosures private

COE Section 3: Professional Responsibility. A counselor must...

--practice w/in parameters of eduction, training & experience --only accept jobs aligned w/qualif.; only hire employees that are capable and qualified --evaluate skills; work to improve weaknesses --participate in CE and prof development --be cognizant of own functioning; abstain from prof duties when experiencing impairment --select a records custodian --truthfully represent services in advertisements --refrain from pressuring individuals w/whom in prof. relationship with to buy their products (e.g., books) --honestly represent qualifications and credentials --denounce and avoid participation in any discriminatory behavior or sexual harassment --use techniques that are grounded in theory or label techniques as "developing" or "unproven" and discuss w/client

COE-Section 7: Research and Publication: Counselors who conduct research must...

--abide by relevant ethics/laws related to research and IRB --hold self accountable for safety of research participants --understand that principal researcher holds greatest responsibility for ensuring ethical conduct --take appropriate preventative measures to avoid creating disturbances in the lives of participants --obtain informed consent; can drop out at any time --avoid using deception as part of research unless necessary, justifiable, and will cause no harm to participants. After study inform participants and rationale behind it. --keep confidential any info learned about participants during study --explain exact purpose of study to research participants once it has been completed --report results to pertinent orgs, sponsors, and publications --dispose of any materials related to completed study that contain confidential info --recognize that romantic or sexual relationships w/research participants is not permitted --avoid interactions w/participants outside of pro context --report results of studies even if negative --disguise identities of participants in any info disseminated about study --publish enough info and detail so that interested researchers can replicate it --give credit in pubs --refrain from submitting articles for consideration to more than one publication at a time --maintain author confidentiality when serving as a pro reviewer for a pub; in addition--only evaluate pubs that you're qualified to review

NBCC Code of Ethics INTERNET COUNSELING--counseling relationship

--confirm identity of client (e.g. code word) --gain consent and confirm identity of parent/legal guardian when counseling minors --provide clients w/ ways of contacting them when not online or if technology fails --discuss w/clients limitations of technology assisted counseling, such as statements that may be misinterpreted in the absence of visual cues --work w/clients to find suitable, local, mental health pros and hotlines should there be an emergency --inform clients of locations in their community where they can access free internet, if appropriate --attempt to make web sites as accessible as possible to clients w/disabilities

NBCC Code of Ethics Section 6: Consulting

--determine that you have skills to provide effective services to consultees prior to engaging in such relationship --avoid developing relationship in which consultee is dependent on consultant to make decision

COE- Section 8: Resolving Ethical Issues. A counselor must...

--familiarize self w/ACA code of ethics --realize that not understanding COE is not am excuse for acting in an unethical manner --try to resolve any conflicts that arise between the COE and the law. When unable to do so, counselors may follow the law. --confront counselors violating ethical code and try to resolve the issue informally --report any ethical violations that cannot be resolved informally to ACA ethics committee or other applicable committees --consult w/colleagues, supervisors, orgs, or other pros when in doubt about the ethical appropriate course of action in any given situation --only file ethical complaints when sufficient info is available to back claim --refraim from discriminating against individuals based only on knowledge that they have filed ethics complaints or have had ethics complaints filed against them --cooperate w/ any investigations made by ethics committees

NBCC Code of Ethics INTERNET COUNSELING- legal considerations, licensure and ceritifcation

--familiarize self with laws about internet counseling, counseling minors, and reporting CA in their state and states where clients reside --make sure internet counseling covered in all liability insurance policies --supply links on web site to their licensure and certification boards

NBCC Code of Ethics Section 7: Private Practice

--honestly represent self and credentials when advertising --refrain from including name in "professional notices" when not currently providing counseling services --make degrees, credentials, and qualifications accessible --state specialization and those of their co-workers when working in partnership with other pros

COE Section 2: Confidentiality, Privileged Communication, and Privacy. Counselors must...

--inform of limits to confidentiality, address confidentiality in culturally appropriate manner, refrain from breaking confidentiality --communicate plans to break confidentiality to the client , if possible and appropriate --only disclose minimum amount of info necessary --obtain client consent before sharing confidential info w/treatment teams or third party payers --ensure any confidential convos w/clients are in confidential settings --discuss confidentiality and its limits when conducting group work, marriage and family counseling --recognize rights of parents/legal guardians to access confidential info of minor clients and work in concert w/ parents/legal guardians to meet the needs of the minor --keep records in safe location, protected from those who do not have authority to access them --allow clients to have reasonable access to records and answer any questions clients have about info found therein --obtain consent before recording a session w/ a client, observing a session w/a client, or showing a recorded session to an outside party --discuss limits of confidentiality w/research participants --protect identity of clients when consulting w/other professionals, unless client has given consent --see limits of confidentiality in other section

COE- Section 6 Part 2: Counselor educators must:

--integrate info about multiculturalism into classes --teach students about ethical issues --involve students in coursework and practical training --develop procedures for assigning students to field placements --give prospective students sufficient info and orientation about program's goals and expectations --use discretion when integrating activities or assignments in class that involve self-disclosure --provide students w/regular formal and informal evaluation and feedback --refrain from romantic/sexual relationships w/students --avoid interactions w/students outside of pro context --promote recruitment of diverse faculty and students

COE- Section 6: Supervision, Training & Teaching. A counselor must:

--observe performance of counselors in training. Discuss cases w/supervisees, observe counseling sessions and watch recorded sessions --ensure supervisees discuss limits of confidentiality --complete training in supervision --avoid romantic/sexual relationships with supervisees --don't supervise family, friends, or significant others --avoid interactions w/supervisees outside of prof. context unless beneficial to supervisee --recognize that they may end relationship at any time provided sufficient notice and rationale are given --provide supervisees w/regular formal and informal evaluation and feedback. --propose supervisee dismissal from his/her training program if they exhibit an unreasonable lack of skill --endorse supervisees who are competent and ready for employment

COE- Section 1: Counseling Relationship--Counselors must...

-keep accurate records and document according to employer and law -develop realistic counseling plans in conjunction w/clients -get informed consent (verbally and in writing) -obtain assent from those unable to give consent (minors) -seek permission to make contact/work collaboratively with anyone else client is seeing -no romantic/sexual relationships with clients, their significant others or family members (no w/previous clients for 5 yrs) -avoid non-professional interactions w/clients unless benefits client, client agrees, and is documented explaining why -gain consent from client before changing roles in counseling relationship -advocate on behalf of clients when necessary; encourage them to advocate for themselves -screen potential group members prior to group -assist terminally ill clients in receiving end of life care -establish appropriate fees -refrain from bartering w/client unless fair, suggested by client, and community-relevant -exercise prudence when accepting gift from client -make arrangements for client to receive care in case of illness, absence, death, etc. -terminate counseling relationship when evident client no longer needs or is benefiting from treatment -abide by laws when using technology assisted counseling -ensure clients are capable of using tech-counseling before engaging in it -include info about tech in informed consent process, including limitations to confidentiality

Duty to Warn: Child/elder abuse and neglect

All states legally require counselors to report any cases of suspected or known child abuse or neglect to authorities. ALMOST all states require same for elder abuse and/or those with disabilities or vulnerable due to mental illness.

NBCC Code of Ethics

Applies to professionals certified by its board. Unlike ACA, all are mandatory. It has seven sections. 1. General 2. Counseling relationship 3. Counselor supervision 4. Measurement and evaluation 5. Research and publication 6. Consulting 7. Private practice

Principles of code of ethics

Autonomy Nonmaleficence Beneficence Justice Fidelity

Tort

Clients can file a tort "private injury against the person, property, or reputation"

Clients own __ and __ and can waive them at any time.

Confidentiality and privileged communication.

Duty to Warn: Suicide/Self-Harm

Counselors can ethically break confidentiality when clients make SERIOUS threats to harm themselves. Two moral principles conflict: beneficence and autonomy. However, beneficence outweighs autonomy in these cases. --DIFFERENT w/self harm. Walk fine line if self-harm is superficial. For both, use assessments and document actions.

Aspirational Ethics

Describes best practices that professionals can continually work toward to advance their practices.

Liability

Legal responsibility of counselor to act w/due care in pro practice.

Duty to Warn: Clients who are threat to others

Tarasoff v Regents of the Univ of Cal Case (1974) Counselors required to warn and protect third parties for serious and foreseeable harm. Counselor must warn third party about threat if identifiable. Must also take steps to protect them (e.g. notify police). Diff. for each state.

COE-- Justice

characterized by fairness. Counselors adhering to the principle of justice will not discriminate against clients and will ensure that all clients receive equal treatment

Slander

defamation through spoken statements

Libel

defamation through writing

COE-- Autonomy

refers to the ability of clients to exercise free will and act independently. For counselors, this means respect for clients' rights to make their own decisions, even if the counselor does not agree with them or believe it is in their best interest

NBCC Code of Ethics Section 3: Counselor Supervision

see ACA code of ethics on supervision

Unintentional tort

the counselor did not plan to do harm to the client