CPSY 275 Week One
The code of ethics for the Canadian Counselling and Psychotherapy Association (2007) makes it clear that professionals are challenged to make sound decisions based on their own values:
Although a Code of Ethics is essential to the maintenance of ethical integrity and accountability, it cannot be a substitute for the active process of ethical decision-making. Members increasingly confront challenging ethical demands and dilemmas in a complex and dynamic society to which a simple and direct application of this code may not be possible. Also, reasonable differences of opinion can and do exist among members with respect to how ethical principles and values should be rank-ordered when they are in conflict. Therefore, members must develop the ability and the courage to exercise a high level of ethical judgment. (Preamble.)
• ______________________ refers to doing good for others and to promoting the well-being of clients. _____________________ also includes doing good for society. Ideally, counseling contributes to the growth and development of clients within their cultural context.
Beneficence
What does BBS stand for?
Board of Behavioral Sciences
In addition to state regulatory boards, most professional organizations have ethics committees—elected or delegated bodies that oversee the conduct of members of the organization. The main purposes of these ethics committees are to?
Educate the association's membership about ethics codes and to protect the public from unethical practices.
All of the codes of ethics state that practitioners are obligated to act in accordance with relevant federal and state statutes and government regulations. In a court case, the law generally overrules ethics. True or False
True
If obeying one's professional code of ethics would result in disobeying the law, it is essential to?
seek legal advice. *A licensed mental health professional might also contact his or her state licensing board for consultation.
That degree of care which a reasonably prudent person should exercise in same or similar circumstances?
standard of care
The therapist must exercise the average degree of skill, care, and diligence exercised by members of the same profession practicing in the same or similar locality.?
standard of care
When laws and ethics collide, Knapp, Gottlieb, Berman, and Handelsman (2007) state that practitioners need first to?
verify what the law requires and determine the nature of their ethical obligations.
What are the top ten advertising mistakes therapist make?
1. Not recognizing that letterheads, e-mail addresses, or other public communications distributed to clients and the public are considered advertisements under California law 2. Including the words "psychotherapy" or "psychotherapist" in an advertisement without complying with regulations. 3. Advertisements for unlicensed persons that do not disclose important and relevant information required by law. 4. Failing to include the license or registration number in the advertisement. 5. Failing to provide clients with accurate information regarding an unlicensed person's unlicensed status and supervision. 6. Including information about fees in an advertisement that is not exact and includes words that are prohibited by law. 7. Using a fictitious business name or a "DBA" that is false, misleading, or deceptive 8. Using the words "psychological" or "psychologist" in an advertisement when the practitioner is not a Licensed Psychologist. 9. Making a scientific claim in an advertisement that cannot be substantiated by reliable, published scientific studies. 10. Soliciting testimonials from clients to include in an advertisement.
• ________________________ means that professionals make realistic commitments and keep these promises. This entails fulfilling one's responsibilities of trust in a relationship.
Fidelity
Appropriate or Inappropriate Advertisement: John Doe. Licensed Marriage and Family Therapist. I specialize in treating anxiety by watching stand-up comedy.
Inappropriate Making a scientific claim in an advertisement that cannot be substantiated by reliable, published scientific studies.
In ethical dilemmas involving legal issues, a wise course is to seek advice from legal counsel and to discuss the situation with colleagues familiar with the law. When neither the law nor an ethics code seems to resolve an issue, therapists are advised to consider other professional and community standards and their own conscience as well. True or False
True
On your business card you have to write out the full title of your license. (T/F)?
True
The CCPA ethics code suggests asking the following questions when making virtue-based ethical decisions:
• What emotions and intuition am I aware of as I consider this ethical dilemma, and what are they telling me to do? • How can my values best show caring for the client in this situation? • How will my decision affect other relevant individuals in this ethical dilemma? • What decision would I feel best about publicizing? • Have I made any decisions I would feel uncomfortable publicizing? • What decision would best define who I am as a person?
The major duties of regulating boards are?
(1) to determine standards for admission into the profession, (2) to screen applicants applying for certification or licensure, (3) to regulate the practice of psychotherapy for the public good, (4) to conduct disciplinary proceedings involving violations of standards of professional conduct as defined by law.
To clarify whether a legal issue is involved, it is important to assess the situation to determine if any of the following apply:
(a) legal proceedings have been initiated, (b) lawyers are involved, or (c) the practitioner is in danger of having a complaint filed against him or her for misconduct. *When confronted with a legal issue, consult a lawyer to determine which course of action to take. *Remley and Herlihy do not advise consulting with counselor colleagues about how to deal with legal problems because counselors rarely have expertise in legal matters.
Principle ethics is a set of obligations and a method that focuses on moral issues with the goals of? Principles typically focus on acts and choices, and they are used to facilitate the selection of socially and historically acceptable answers to the question "What shall I do?"
(a) solving a particular dilemma or set of dilemmas and (b) establishing a framework to guide future ethical thinking and behavior.
What three elements create the foundations of clinical work?
- Standard of Care - Scope of Practice - Scope of Competence
In the Code of Ethics of the National Association of Social Workers (2008), the limits of the code are succinctly described:
A code of ethics cannot guarantee ethical behavior. Moreover, a code of ethics cannot resolve all ethical issues or disputes or capture the richness and complexity involved in striving to make responsible choices within a moral community. Rather, a code of ethics sets forth values, ethical principles, and ethical standards to which professionals aspire and by which their actions can be judged. (Purpose of NASW Code of Ethics.)
_____________________________________, the virtue ethics approach is based on the belief that counselors are motivated to be virtuous and caring because they believe it is the right thing to do.
According to the Canadian Counselling and Psychotherapy Association (CCPA, 2007)
Appropriate or Inappropriate Advertisement: The fee for service is $100 per therapy session. A session is 50 minutes long. To cancel an appointment, please contact the therapist 24 hours in advance of your scheduled appointment. Cancellations made less than 24 hours in advance of the scheduled appointment and missed sessions will result in a $25 charge.
Appropriate Including information about fees in an advertisement that is not exact and includes words that are prohibited by law.
Appropriate or Inappropriate Advertisement: Jane Bee, MA. MFT Registered Intern. #67890. Under supervision of John Doe, LMFT. Provides psychotherapy services to individuals, couples, and families.
Appropriate If a licensee or registrant includes the following information in his or her advertisement, he or she is permitted to use the words "psychotherapy" and/or "psychotherapist" in the advertisement: • The licensee's or registrant's name; • The license or registration number; and • The title or appropriate acronyms of the license or registration. (16 C.C.R. § 1811(c))
Appropriate or Inappropriate Advertisement: John Doe, MA. Licensed Marriage and Family Therapist. #123456. 7901 Raytheon Road, San Diego, CA 92111. Psychotherapy with individuals, couples, and families.
Appropriate If a licensee or registrant includes the following information in his or her advertisement, he or she is permitted to use the words "psychotherapy" and/or "psychotherapist" in the advertisement: • The licensee's or registrant's name; • The license or registration number; and • The title or appropriate acronyms of the license or registration. (16 C.C.R. § 1811(c))
Appropriate or Inappropriate Advertisement: John Doe. Licensed Marriage and Family Therapist. I have specialized training in Cognitive Behavioral Therapy to treat anxiety and related disorders. According to extensive studies, Cognitive Behavioral Therapy has yielded significant and large improvements concerning symptoms of anxiety and depression.
Appropriate Making a scientific claim in an advertisement that cannot be substantiated by reliable, published scientific studies.
Appropriate or Inappropriate Advertisement: ABC Counseling Center. John Doe, MA. MFT Registered Intern #67890. Under supervision of Jane Bee, LMFT #123456
Appropriate Advertisements for unlicensed persons that do not disclose important and relevant information required by law.
Appropriate or Inappropriate Advertisement: John Doe, MA, Licensed Marriage and Family Therapist. #12345 John Doe, MA, LCSW. #12345 John Doe, MA. Professional Clinical Counselor Registered Intern. #12345. Employed by ABC Counseling Center
Appropriate Did not fail to include the license or registration number in the advertisement
Appropriate or Inappropriate Advertisement: John Doe, MS in Counseling Psychology. Licensed Marriage and Family Therapist. Providing psychotherapy to individuals, couples, and families.
Appropriate Using the words "psychological" or "psychologist" in an advertisement when the practitioner is not a Licensed Psychologist.
________________ ethics describes the highest standards of thinking and conduct professional counselorsseek, and it requires that counselors do more than simply meet the letter of the ethics code. It entails an understanding of the spirit behind the code and the principles on which the code rests?
Aspirational
• __________________ refers to the promotion of self-determination, or the freedom of clients to be self-governing within their social and cultural framework. Respect for ______________________ entails acknowledging the right of another to choose and act in accordance with his or her wishes, and the professional behaves in a way that enables this right of another person.
Autonomy
Moral Principles to Guide Decision Making Are?
Autonomy Nonmaleficence Beneficence Justice Fidelity Veracity *The six principles discussed here are a good place to start in determining the degree to which your practice is consistent with promoting the welfare of the clients you serve. To the list above, Barnett (2008) adds self-care, which involves taking adequate care of ourselves so that we are able to implement the moral principles and virtues that are fundamental ethical concepts.
____________ are conceptually broad in nature and generally subject to interpretation by practitioners.
Codes of ethics
____________________ often become the ultimate legal criteria for determining whether practitioners are liable for damages.
Community standards
______________________ (or mores) vary on interdisciplinary, theoretical, and geographical bases.
Community standards
____________________________ define what is considered reasonable behavior when a case involving malpractice is litigated.
Community standards
______________________ are moral principles adopted by an individual or group to provide rules for right conduct.
Ethics
Evolution of Ethics Codes?
For example, the ACA (2014) Code of Ethics was adopted in March 2014 and it addresses evolving ethical issues pertaining to technology, online counseling, and social media, all of which were in response to recent developments in the field. A new section of this code covers informed consent, privacy, and security of electronic communications; distance counseling; web and records maintenance; and social media. *Most professional associations revise their ethics codes every 5 to 10 years.
Appropriate or Inappropriate Advertisement: Providing therapeutic services for as low as $60 a session! Call for more information!
Inappropriate Including information about fees in an advertisement that is not exact and includes words that are prohibited by law.
Appropriate or Inappropriate Advertisement: ABC Counseling Center. John Doe, MA. MFTI.
Inappropriate Advertisements for unlicensed persons that do not disclose important and relevant information required by law.
Appropriate or Inappropriate Advertisement: John Doe, MA., MFTI. 7901 Raytheon Road, San Diego, CA 92111. Psychotherapy with individuals, couples, and families.
Inappropriate If a licensee or registrant includes the following information in his or her advertisement, he or she is permitted to use the words "psychotherapy" and/or "psychotherapist" in the advertisement: • The licensee's or registrant's name; • The license or registration number; and • The title or appropriate acronyms of the license or registration. (16 C.C.R. § 1811(c))
Appropriate or Inappropriate Advertisement: John Doe, MA, LMFT. 7901 Raytheon Road, San Diego, CA 92111.
Inappropriate Failing to include the license or registration number in the advertisement
Appropriate or Inappropriate Advertisement: John Doe, MA, Licensed Marriage and Family Therapist. Providing psychological services to individuals, couples, and families.
Inappropriate Using the words "psychological" or "psychologist" in an advertisement when the practitioner is not a Licensed Psychologist.
• _________________ means to be fair by giving equally to others and to treat others justly. Practitioners have a responsibility to provide appropriate services to all clients. Everyone, regardless of age, sex, race, ethnicity, disability, socioeconomic status, cultural background, religion, or sexual orientation, is entitled to equal access to mental health services.
Justice
Scope of Competence is determine by?
Knowledge, Training and Skills -It is what you have been train to do (Limited) - Certificates - Practicing outside your competence is illegal and unethical
Name this license? The practice of marriage and family therapy shall mean that service performed with individuals, couples, or groups wherein interpersonal relationships are examined for the purpose of achieving more adequate, satisfying, and productive marriage and family adjustments. This practice includes relationship and premarriage counseling. The application of marriage and family therapy principles and methods includes, but is not limited to, the use of applied psychotherapeutic techniques, to enable individuals to mature and grow within marriage and the family, the provision of explanations and interpretations of the psychosexuat and psychosocial aspects of relationships, and the use, application, and integration of the coursework and training required by Sections 4980.37, 4980.40, and 4980.41.
LMFT
____________ define the minimum standards society will tolerate, which are enforced by government. An example of a minimum standard is the legal obligation mental health professionals have to report suspected child abuse. The law can also encourage us to work toward changing societal attitudes, for example, to prevent child abuse rather than merely to report it
Laws
_____________ ethics describes a level of ethical functioning wherein counselors act in compliance with minimal standards, acknowledging the basic "musts" and "must nots." The focus is on behavioral rules, such as providing for informed consent in professional relationships?
Mandatory
What are the two levels of ethical practice?
Mandatory ethics and Aspirational ethics
The CAMFT code of ethics (2011a) includes this guideline on pro bono services:
Marriage and family therapists are encouraged to participate in activities that contribute to a better community and society, including devoting a portion of their professional activity to services for which there is little or no financial return.
Expulsion or suspension of a member is a major sanction.?
Members have the right to appeal the committee's decision. Once the appeals process has been completed or the deadline for appeal has passed, the sanctions of suspension and expulsion are communicated in writing to the members of the professional organization.
_____________ is concerned with perspectives of right and proper conduct and involves an evaluation of actions on the basis of some broader cultural context or religious standard.
Morality
• _____________________________ means avoiding doing harm, which includes refraining from actions that risk hurting clients. Professionals have a responsibility to minimize risks for exploitation and practices that cause harm or have the potential to result in harm.
Nonmaleficence
_________________ ethics, which focuses not only on how professionals can harm clients but on how therapists can do better at helping clients. Instead of focusing on a remedial approach to dealing with an ethical issue, positive ethics addresses an aspirational level of practice. The goal of _____________ ethics shifts the emphasis of mental health providers away from a focus on wrongdoing and disciplinary actions and toward an articulated vision of the highest level of practice.
Positive
______________________ has some relationship to ethical behavior, yet it is possible to act unprofessionally and still not act unethically. For instance, not returning a client's telephone calls promptly might be viewed as unprofessional, but it would probably not be considered unethical unless the client were in crisis.
Professionalism
Mental health providers in the military are likely to experience ethical dilemmas when obligations to clients and obligations to the military organization conflict. Why?
Providers in military settings are occasionally forced to choose between client-centered therapeutic interests and organization-centered administrative interests.
________________ is usually defined as the care that is ordinarily exercised by others practicing within that specialty in the professional community.
Reasonableness
Herlihy and Corey (2015a) suggest that codes of ethics fulfill three objectives:
The first objective is to educate professionals about sound ethical conduct. Second, ethical standards provide a mechanism for professional accountability. Practitioners are obliged not only to monitor their own behavior but also to encourage ethical conduct in their colleagues. One of the best ways for practitioners to guard the welfare of their clients or students and to protect themselves from malpractice suits is to practice within the spirit of the ethics codes. Third, codes of ethics serve as catalysts for improving practice. When practitioners interpret and apply the codes in their own practices, the questions raised help to clarify their positions on dilemmas that do not have simple or absolute answers.
Someone who is your client and can't afford to pay you. What to do?
This case is a good example of how positive ethics can become operational. A counselor operating from the framework of positive ethics is motivated to look for ways to be of the greatest assistance possible to clients. Positive ethics is concerned with how exemplary behavior can be applied to a difficult situation, such as a client no longer able to afford psychological services
Aspirational ethics describes the highest standards of thinking and conduct professional counselors seek, and it requires that counselors do more than simply meet the letter of the ethics code. It entails an understanding of the spirit behind the code and the principles on which the code rests (True or False)?
True
At the higher level of ethical functioning, aspirational ethics, practitioners go further and reflect on the effects their interventions may have on the welfare of their clients. An example of aspirational ethics is providing services for no fees (pro bono) for those in the community who cannot afford needed services. True or False?
True
At times you may encounter conflicts between the law and ethical principles, or competing ethical standards may appear to require incompatible courses of action (Barnett & Johnson, 2010). In these cases the values of the counselor come into play. T/F?
True
Cases that result in expulsion are often serious enough to involve law enforcement and criminal charges. True or False
True
Clients' needs are best met when practitioners monitor their own ethics. True or False
True
Ethics committees also revise and update their organization's code of ethics. True or False?
True
Ethics pertains to the standards that govern the conduct of its professional members; law is the body of rules that govern the affairs of people within a community, state, or country. True or False
True
Ethics represents aspirational goals, or the maximum or ideal standards set by the profession, and they are enforced by professional associations, national certification boards, and government boards that regulate professions? (T/F)?
True
Even in the absence of an ethical dilemma, virtue ethics compels the professional to be conscious of ethical behavior. True or False
True
It is important to foster an attitude of concern-based ethics early in your training program, striving for the highest level of ethical care for your clients, a theme that is repeated many times throughout this book. T/F?
True
Mandatory ethics describes a level of ethical functioning wherein counselors act in compliance with minimal standards, acknowledging the basic "musts" and "must nots." The focus is on behavioral rules, such as providing for informed consent in professional relationships. (True or False)?
True
One example of a potential conflict between legal and ethical standards involves counseling minors. True or Falseq
True
Pope and Vasquez (2011) remind us that ethics codes, standards, and laws are the beginning, not the end of ethical considerations. True or False
True
Practitioners who comply at the first level, mandatory ethics, are generally safe from legal action in courts of law or professional censure by state licensure boards. True or False?
True
The APA (2010) principle of beneficence and nonmaleficence states, Psychologists strive to benefit those with whom they work and take care to do no harm. T/F?
True
The best way to maintain a clear ethical position is to focus on your clients' best interests. True or False
True
The complaint may be dismissed, specific charges within the complaint may be dismissed, or the committee may find that ethical standards have been violated and impose sanctions. True or Falseq
True
The ethical principles in the APA code are not enforceable rules, but they should be considered by psychologists in arriving at an ethical course of action. True or False
True
The standard of care is not a statute or regulation tat can be pointed to and expounded upon? True or False
True
When the word unethical is used, people think of extreme violations of established codes. In reality, most violations of ethics probably happen quite inadvertently in clinical practice. (T/F)?
True
Laws and ethics codes tend to emerge from what has occurred rather than from anticipating what may occur. T/F?
True *Limiting your scope of practice to obeying statutes and following ethical standards is inadequate. *We hope your behavior will not be determined by fear-based ethics.
If there is a real conflict between the law and ethics, and if the conflict cannot be avoided, "psychologists should either obey the law in a manner that minimizes harm to their ethical values or adhere to their ethical values in a manner that minimizes the violation of the law" (p. 55). True or False
True *Apparent conflicts between the law and ethics can often be avoided if clinicians anticipate problems in advance and take proactive measures.
______________ pertains to beliefs and attitudes that provide direction to everyday living?
Values
• ________________________ means truthfulness, which involves the practitioner's obligation to deal honestly with clients. Unless practitioners are truthful with their clients, the trust required to form a good working relationship will not develop.
Veracity
___________ ethics focuses on the character traits of the counselor and nonobligatory ideals to which professionals aspire rather than on solving specific ethical dilemmas.
Virtue
__________________ model progresses from awareness, through reflection, to a plan of action whereby counselors can ethically repair damage when they recognize they have violated ethics codes in minor ways. She emphasizes that the first step in recovering from an ethical violation is for the practitioner to recognize that he or she has acted in a way that is likely to be ethically problematic. If a practitioner is not aware of the subtle ways his or her behavior can adversely affect the client, such behavior can go unnoticed, and the client will suffer.
Welfel's (2005)
Scope of Practice is determine by?
What does your license allows you to do. -Its the same for everybody - Practicing outside your scope of practice is illegal
The standard of care?
What the law say What do the ethical code of profession say What is the normative practice (Whats up to date, Network,) What would another well train therapist do - It is important because it protects the public - It protects you against malpractice - It is not something that is written down
Possible sanctions include?
a reprimand; a recommendation that a specific course of remedial action be taken, such as obtaining ongoing supervision or personal therapy; probation or suspension for a specified period of time; a recommendation that the member be allowed to resign from the organization; or a recommendation that the member be expelled.
Practice at or above the standard of care by following three guidelines:
abide by the laws, abide by the profession's standards, and adhere to your own articulated guidelines
Practitioners who are expelled from the association may?
also face the loss of their license or certificate to practice, but only if the state board conducts an independent investigation.
The _________________ standard (what professionals actually do) is generally less rigorous than the __________________ standard (what professionals should do). It is important to be knowledgeable of what others in your local area and subspecialties are doing in their practices.
community;ethical
________________ pertains to the beliefs we hold about what constitutes right conduct.
ethics
Simply stated, _____________ ethics asks "Is this situation unethical?"
principle
Meara and colleagues (1996) identify four core virtues—_____________________________________________________________________—that are appropriate for professionals to adhere to in making ethical decisions.
prudence, integrity, respectfulness, and benevolence
Some mental health practitioners concern themselves primarily with avoiding malpractice suits. They tend to commit themselves to a ___________________ approach to ethics as a way to stay out of trouble.
rule-bound
We must never forget that the primary purpose of a code of ethics is to _______________?
safeguard the welfare of clients Ethics codes are also designed to safeguard the public and to guide professionals in their work so that they can provide the best service possible.
Simply stated, ____________ ethics asks "Am I doing what is best for my client?"
virtue
Common Themes of Codes of Ethics are?
• Being interested in the welfare of clients • Practicing within the scope of one's competence • Avoiding harm and exploitation • Protecting client's confidentiality and privacy • Acting ethically and responsibly • Avoiding discrimination in providing services to clients • Upholding the integrity of the profession by striving for aspirational practice
Koocher and Keith-Spiegel (2008) question their effectiveness and identify some specific criticisms of ethics committees:
• Conflict of interests or bias among committee members. • Lack of training and experience of ethics committee members to adequately carry out their functions. • Excessive time taken to adjudicate cases, resulting in harm to consumers. • Failure to follow due process. • Timid procedures due to fear of lawsuits. • Reactive rather than proactive stances.
Problems you might encounter as you strive to be ethically responsible include the following:
• Some issues cannot be handled solely by relying on ethics codes. • Some codes lack clarity and precision, which makes assessment of an ethical dilemma unclear. • Simply learning the ethics codes and practice guidelines will not necessarily make for ethical practice. • Conflicts sometimes emerge within ethics codes as well as among various organizations' codes. • Practitioners who belong to multiple professional associations, are licensed by their state, and hold national certifications may be responsible to practice within the framework of numerous codes of ethics, yet these codes may not be uniform. • Ethics codes tend to be reactive rather than proactive. • A practitioner's personal values may conflict with a specific standard within an ethics code. • Codes may conflict with institutional policies and practices. • Ethics codes need to be understood within a cultural framework; therefore, they must be adapted to specific cultures. • Codes may not align with state laws or regulations regarding reporting requirements. • Because of the diverse viewpoints within any professional organization, not all members will agree with all elements of an organization's ethics code.
Meara and colleagues (1996) also describe five characteristics of virtuous professionals, which they see as being at the heart of virtue ethics:
• Virtuous agents are motivated to do what is right because they judge it to be right, not just because they feel obligated or fear the consequences. • Virtuous agents rely on vision and discernment, which involve sensitivity, judgment, and understanding that lead to decisive action. • Virtuous agents have compassion and are sensitive to the suffering of others. They are able to take actions to reduce their clients' pain. • Virtuous agents are self-aware. They know how their assumptions, convictions, and biases are likely to affect their interactions with others. • Virtuous agents are connected with and understand the mores of their community and the importance of community in moral decision making, policy setting, and character development. They understand the ideals and expectations of their community.
