Ethical & Legal issues part 2

Tort Law

Individuals will be held responsible for any harm they cause to other members of society.

Laws vs Ethics

Laws are the minimum standard and ethics represent the ideal expected from a profession. laws are created by officials. Ethics are created within the profession.

Ethical Considerations in regards to multiculturalism:

Racism; being "color blind" or "Color Conscious"

Components of Multicultural Competence

Self Awareness-how your own cultural and racial identities have an impact on your values/beliefs. Knowledge- You must seek out knowledge that will enhance your understanding of multicultural clients. Skills- Must learn to develop a repertoire for diverse clients. These must take into account a clients cultural/religious differences.

Ethics

Standards of conduct or actions in relations to others, acceptable or good practice according to agreed upon rules or standards established by a profession.

Regarding dual relationships between counselors and clients

There is no consensus among professionals as to which dual relationships are acceptable and which are not.

The typical counselor who enters into a sexual relationship with a client is

a professional isolated male counselor who is experiencing distress or crisis in his personal life.

When clients seek counseling related to issues such as abortion, assisted suicide, interracial marriage, premarital sex, or sexual identity a) counselors must accept such clients for counseling services even if these issues distress the counselor on a personal level. b) counselors must be able to rise above any personal feelings they have about such issues and have an obligation to assist all clients who come to counselors for services. c) counselors must examine their own values regarding these issues to ensure they can provide counseling services without allowing their own beliefs to interfere. d) counselors should immediately refer such clients for counseling who specialize in counseling persons with those particular concerns.

c) counselors must examine their own values regarding these issues to ensure they can provide counseling services without allowing their own beliefs to interfere.

Informed consent documents that clients sign before counseling sessions begin and that set forth the nature of the counseling relationship: a) are not required under the federal HIPAA rules. b) are required by law in every state. c) are mandated by the ACA Code of Ethics. d) are a good way to inform clients of their rights and responsibilities and are required by some federal rules and state laws. e) serve no useful purpose if counselors have spent considerable effort in carefully explaining the information to their clients orally and have assured themselves that their clients understand and agree.

d) are a good way to inform clients of their rights and responsibilities and are required by some federal rules and state laws.

All is true EXCEPT a) counselors should consult with colleagues when they are uncertain about an exception to confidentiality b) confidentiality and privilege belong to the client, not the counselor. c)confidentiality and privilege are not absolute. d) counselors should consult with colleagues when they are uncertain about an exception to privileged communication. e) both confidentiality and privileged communication are based on the client's right to privacy.

d) counselors should consult with colleagues when they are uncertain about an exception to privileged communication

Regarding a client's privacy, counselors should a) guarantee privacy with no exceptions. b) avoid a discussion of the issue with the client because there are so may exceptions to privacy. c) carefully explain each possible exception to privacy before beginning the counseling relationship. d) promise the client privacy, but explain there are exceptions and give a general overview of the exceptions. e) promise the client privacy, but explain that unless there is a privileged communication statute in that state, the counselor has no legal obligation to keep information confidential.

d) promise the client privacy, but explain there are exceptions and give a general overview of the exceptions.

Subpoenas are used a) to cause potential witnesses to testify at a disposition, hearing, or trial. b) to obtain copies of records. c) to ask potential witnesses to respond in writing to written questions. d) to require witnesses to appear at a deposition, hearing, or trial and to bring their records with them. e) all of the above

e) all of the above

Disclosure of confidential information is acceptable when all of the following conditions exist EXCEPT a) the counselor suspects abuse or neglect of a child. b) the client poses a danger to self or others. c) a counselor is in clinical supervision with another counselor. d) a client has a fatal, communicable disease and the client's behavior is putting others at risk. e) an attorney sends a counselor a subpoena.

e) an attorney sends a counselor a subpoena.

"Distressed counselors" or "counselors suffering from burnout" are terms used to refer to

impaired counselors

Malpractice is a type of civil lawsuit that can be filed against counseling professionals for practicing in a manner that leads to

injury to a recipient of their services.

A counselors self-disclosure in a counseling session

may be acceptable if the counselor believes the disclosure will benefit the client.

A counselor's self-disclosure in a counseling session

may be acceptable if the counselor believes the disclosures will benefit the client.

From the perspective of principle ethics, a counselor who is counseling a client planning a violent act against another person and who intervenes to notify family members is:

sacrificing client autonomy to prevent harm to do good.

When a counselor determines that a client may be at risk for harming self or others, the counselor must always

take the steps necessary to prevent harm.

When a client accuses a counselor of wrong doing through a complaint with the counselor's licensure board, or through a malpractice lawsuit filed in court

the client automatically waives his or her privacy rights and the counselor can reveal information related to providing counseling services to the client.

Counselors who practice from a developmental perspective

view most problems people encounter as natural and normal because all developmental stages of life bring challenges.