Legal and ethical issues in counseling

involves the right of clients to be informed about their therapy and to make autonomous decisions pertaining to it.

Informed consent

Which of the following places is appropriate for counselors to discuss clients' cases with colleagues or supervisors?

-A counselors' office ** -In the hallway -A restaurant -A church

Which moral principles treats clients equally and fosters fairness?

Justice

______ is the body of rules that govern the affairs of people within a community, state, or country?

Law

Determining and governing professional practice; licensure is generally viewed as the most desirable form of legislative regulation of professional practice because it tends to highlight the uniqueness of an occupation and restricts both the use of the title and the practice of an occupation.

Licensure

the ability, once licensed by one state, to have that license recognized in another state

Licensure portability

________ are persistent verbal, behavioral, and environmental assaults, insults, and invalidations that often occur subtly and are difficult to identify.

Microaggression

_________ is a generic term that indicates any relationship between and within two or more diverse groups.

Multiculturalism

•A practitioner is in a professional role with a person in addition to another role with that same individual, or with another person who is close to that individual.

Multiple relationships

If a counselor violates the mandatory provisions of a professional ethics code, the worst possible punishment that professional organization can impose is

-Jail and a fine -Temporary license suspension -Revocation of the professional license -Public censure and expulsion from the organization **

__________________ is/are not reserved exclusively for the irresponsible practitioner. Clients may make allegations of unethical conduct or file a legal claim due to negligence, even though the counselor may have acted ethically and appropriately.

-Malpractice claims ** -Legal matters and risk management -Addictions counseling -Ethical aspects of practice

What is the sign of counselor impairment?

-Needing to rescue clients and heal them at all times ** -Maintaining mutual trust with friends and colleagues -Being aware of how they are affected by their clients' issues -Improving health habits in the areas of nutrition and exercise

Which of the following is NOT one of the major factors that counselors must consider before initiating a sexual or romantic relationship with former clients?

-The nature and duration of counseling -Counselors' personal history ** -The foreseeable likelihood of harm to clients or others -The amount of time after the termination of counseling

Confidentiality is _______________ concept, and privileged communication is _______________ concept.

-a legal, en ethical -an ethical, an ethical -a legal, a legal -an ethical, a legal **

Counselors may NOT provide counseling services to clients when?

-conflict of interest exists. -they lack adequate time in their schedules. -the presenting problem is outside of their scope of practice or expertise. -all of these **

Therapists have the responsibility to prevent suicide if they can reasonably anticipate it. Once it is determined that a client is at risk for serious harm to self, the professional is:

-released of all legal and ethical requirements to protect the client. -legally, but not ethically, required to take appropriate action. -legally and ethically required to take appropriate action aimed at protecting the person. ** -ethically, but not legally, required to take appropriate action.

Departures from commonly accepted practices that could potentially benefit clients are referred to as:

-unethical boundaries. -boundary crossings. ** -boundary violations. -interpersonal boundaries.

In what year did the American Psychiatric Association stopped labeling homosexuality as a form of mental illness?

1973

The least degree of regulation of practice; registry is generally a voluntary listing of individuals who use a title or provide a service.

Registry

More than one role occurring at different times

Sequential

More than one role occurring at the same time

Simultaneous

Which ethics describes the highest standards of thinking and conduct that professional counselors seek

Aspirational ethics

_______ moves beyond cultural awareness and focuses on active support and advocacy, including promoting equality and justice for underserved and oppressed groups of people.

Social justice

Good counselors do not ignore their own cultures or the cultures of their clients, true or false?

True

_____ exchanging services or goods in lieu of paying a fee

Battering

Which moral principle promotes good for individuals and the society?

Beneficence

Promoting a professional identity; certification confirms that the practitioner has met a set of minimum standards established by the certification agency.

Certification

A reluctance to acknowledge a client's ethnicity

Color blindness

_______ refers to the ethical duty of counselors to protect private communications of their clients. In this regard, _______ is the foundation of safe therapy.

Confidentiality

uACA (2014) Standard E.13.c. Client Evaluation Prohibited

Counselors do not evaluate current or former clients, clients' romantic partners, or clients' family members for forensic purposes. Counselors do not counsel individuals they are evaluating.

Is the first step to cultural sensitivity and to achieving cultural competence

Cultural awareness

Is a perspective that recognizes that complexity of cultures and values the diversity of beliefs and values.

Cultural pluralism

A perception of reality based on a very limited set of cultural experiences

Cultural tunnel vision

______ interpreted broadly, is associated with a racial or ethnic group as well as with gender, age, religion or spirituality, economic status, nationality, physical capacity or disability, and affectional or sexual orientation

Culture

______ is a sense of identity that stems from common ancestry, history, nationality, religion, and race. This unique social and cultural heritage provides cohesion and strength.

Ethnicity

Licenses and certifications ensure that practitioners will competently do what their credentials permit them to do, true or false?

False

State laws can govern title usage and practice of counselors as well as accrediting counseling programs in state universities, true or false?

False

The ethics codes offered by most professional associations are specific and precise, true and false?

False

The ultimate goal of all individuals is to become a fully functioning person, true or false?

False

Virtue ethics are more important than principle ethics, true or false?

False

When counselors are uncomfortable with clients, the 2014 ACA Code of Ethics permits a referral if it is in the best interest of clients to do so, true or false?

False

______ pertain to beliefs and attitudes that provide direction to everyday living?

Values

Which moral principles deal truthfully with clients?

Veracity

Which regard is sometimes, bad things happen to good counselors?

Wrong place, wrong time

a ____ ____ is a departure from commonly accepted practices that could potentially benefit clients.

boundary crossing

A ____ ____ is a serious breach that results in harm to clients

boundary violation

In an attempt to convince her young client to practice safe sex, Valerie fabricated her own statistics and facts about the hazards of unprotected sex. In this instance, Valerie violated the principle of:

fidelity. veracity. ** beneficence. justice.

In the case of disclosing confidential information when working with an HIV-positive client, several writers state that the therapist has a duty to protect when the following condition exists:

-the client is engaging in safe-sex with a committed partner. -clear and imminent danger must exist. -all potential victims must be warned, even if there have been multiple sexual partners over the years. ** -all persons who have exchanged needles with the client must be found and warned of possible danger.

Counselors may NOT barter if

-the client requests the bartering. -the value of bartered goods is difficult to determine. ** -the bartering does not result in exploitation or harm. -the bartering is an accepted practice among professionals in the community.

What is defined as the ability of counselors to manage their personal values so that they do not contaminate the counseling process.

Bracketing

If you use a tape recording of a session to review the progress of the case with a supervisor, it would be best to:

-get a verbal release from the client. -get a general signed release from the client. -get a signed release from the client prior to taping. ** -verbally inform the client at the start of treatment that you will be taping some of the sessions.

Training programs have a responsibility to complete all of the following EXCEPT:

-honor their commitment to the students they admit. -protect future consumers who will be served by those who graduate. -screen candidates so the public will be protected from incompetent practitioners. -continue evaluating students up to five years after graduation. **

The first essential step toward ethical decision making is?

-identifying the problem or dilemma. ** -knowing the applicable laws. -choosing a solution. -reviewing the process.

A client-defined sense of spirituality?

-is not very important in therapy. -can be a significant avenue for connecting with the client and can be an ally in the therapeutic change process. ** -can create difficulty in the client's therapeutic process. -is more important if the therapist shares a similar definition.

In multicultural counseling, one must balance the importance of ________________ in assessment, diagnosis, and treatment.

-liberal and conservative views -western approaches and southern approaches -individualism versus collectivism ** -cultural encapsulation and assimilation

You refer a client to Dr. Smith. Ethically, Dr. Smith

-may not pay you a referral fee for sending her the client -can pay you a referral fee if and only if she is a psychiatrist ** -may pay you a referral fee if you have a written contract with her -may pay you a referral fee if she has expertise in the client's area of concern and you do not

______ pertain to the standards that govern the conduct of its professional members?

Ethics

_____pertain to the beliefs we hold about what constitutes right conduct

Ethics

Which moral principle avoids actions that cause harm?

Nonmaleficence

Counselors who have unresolved personal conflicts

-need to recognize that their problems may interfere with their effectiveness and refrain from activities that would harm a client. ** -must resolve all their difficulties before counseling others. -are quite effective because they know how difficult it is to resolve problems. -need to repress anxiety-provoking issues in their own lives before becoming effective counselors.

Boundary management is:

-not an issue in sparsely populated areas. -less challenging in rural areas than in urban areas. -equally as challenging in rural and urban areas. -more challenging in rural areas than in urban areas. **

During the informed consent process, counselors are NOT required to disclose the following background information with clients

-personal values ** -credentials and licenses -educational backgrounds -theoretical orientation and specialized skills

Most professional organizations support efforts to:

-require pro bono work at the rate of at least 20% of the work week for all professionals. -write regulations that encourage competition. -make continuing education a mandatory condition of relicensing. -require personality tests from all practitioners to ensure that those who enter the field are in good mental health. **

Linda is considering developing a multiple or dual relationship with her client. It is important for Linda to remember:

-that all multiple relationships should be avoided because they are usually harmful. -that absolute answers are available to resolve dual or multiple relationship dilemmas. -to be cautious in order to protect herself from censure. -to consider whether the potential benefit outweighs the potential for harm. **

______ 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

_____________ is a serious breach that results in harm to clients and is therefore unethical

-A slippery slope -A dual relationship -A boundary violation ** -A malpractice suit

The highest standards of thinking and professionals' willingness to reflect on the effects their interventions may have on the welfare of their clients describe what kind of ethics?

-Aspirational ethics ** -Mandatory ethics -Principle ethics -Positive ethics

Moral principles that guide decision making?

-Autonomy -nonmaleficence -beneficence -justice -fidelity -veracity

Which of the following is NOT a role change in the professional relationships?

-Counselor to mediator -Counselor to researcher -Counselor to romantic partner ** -Counselor to family therapist

_______________ is a perception of reality based on a very limited set of cultural experiences.

-Cultural awareness -Ethnicity -Microaggressions -Cultural tunnel vision **

The word ________, interpreted broadly, is associated with a racial or ethnic group as well as with gender, age, religion or spirituality, economic status, nationality, physical capacity or disability, and affectional or sexual orientation.

-ethnicity -diversity -stereotype -culture **

Which of the following is a component of HIPAA?

-Electronic transactions -National identifier requirements -Privacy and security requirements -All of these **

Which of the following is NOT identified in the text as a guideline for counselors using the telephone?

-Exercise caution in discussing confidential or privileged information with anyone over the telephone and especially when employing digital and mobile technologies. -Set firm boundaries with clients from the beginning and address matters such as avoiding interruptions and privacy. -After addressing the ethical guidelines and ensuring absolute privacy, counselors may speak to their clients as freely as they desire without fear that their conversations will be used in legal proceedings. ** -Disclose the limits of confidentiality with clients if wireless telephones are used.

What should be a counselor's first step when he or she has direct knowledge of unethical behavior by another counselor?

-First, confront the counselor in question with a written statement outlining the unethical behavior -First, report the problem to the Ethics Committee immediately -First, address the counselor in question informally after consulting with a trusted professional ** -First, complain about the problem with coworkers frequently without any conversation with the counselor in question

___________ is a developmentally informed process that provides useful feedback during one's training and throughout one's professional career.

-Formative assessment ** -Summative assessment -Developmentally informed assessment -Technique assessment

Three broad categories of legal cases?

-International disregard -careless disregard -wrong place, wrong time

An ethical issue is MOST likely to be occurred with the following counselor?

-Jack becomes friends with his former clients on Facebook.** -Isabel gives advice to her clients after asking permission from them. -Logan confronts some of his clients even if he is at risk of being disliked. -Henry has so much sympathy with clients who were abused by their parents.

Counselors should consider the following factors before entering into a multiple relationship, EXCEPT?

-Loss of objectivity -Conflicts of interest -Satisfaction of clients and counselors ** -Implications for the therapeutic relationship

The legal and ethical requirements to inform clients of the potential risks and benefits of counseling is?

-duty to warn -duty to protect -informed consent ** -privileged information

___________ are essentially the same as psychotherapy notes. They address the client's transference reactions and the therapist's subjective impressions of the client.

-Process notes ** -Progress notes -Diagnostic notes -Treatment summary

You work in the counseling department at a community college. A professor asks to speak to you about one of his students. You being to suspect that the problem is not the student but the professor. Your most ethical initial action should be:

-Report him to his department head -Speak to him informally about your perceptions of the problem ** -Report him to an ethics committee -Suggest him to quit his job and take a long vacation

Counselors may engage in a counseling relationship with the following person?

-Siblings -Relatives -Former spouses -Past members of the church **

What is the landmark court case that addressed limits of confidentiality with respect to a counselor's duty to warn?

-Tarasoff v. Board of Regents of the University of California ** -Jaffee v. Redmond -Remley v. Poddar -All of the above

You are a minor's counselor and you refer him to a neurologist for evaluation because you think he has epilepsy. Six months later the neurologist calls you and asks for your therapy notes on sessions with the minor. Legally your first act should be

-Tell the neurologist that you must have adequate consents before releasing the notes ** -Flatly refuse the request because your notes are confidential -Call up the boy and ask if he wants the notes sent -Honor the neurologist's request

You have been providing career counseling to a client who is seeking employment. Concurrent with the counseling, and with your knowledge, the client has made application for employment with several employers. A potential employer calls you and asks for your opinion as to your client's suitability for the employer's job opening. Under which of the following conditions are you free; i.e., not in violation of professional ethics, to provide the information requested?

-When in your best judgment you believe the information would enhance the client's chances for getting the job -When you are certain that the information you would provide would assure that the client would get the job -When it is clear that the client will not get the job unless the information is given -None of these **

Assuming that there is a standard way to work with clients of a certain cultural

-a mistake. ** -the right thing to believe. -the definition of cultural empathy. -a form of cultural understanding.

You pass your exam and now have NCC status. During a staff meeting, a clinical director explains to you that, from an ethical standpoint, your primary duty is to the agency. Most experts in the field of counselor education would

-agree with this position with very few reservations -say that, according to "aspirational ethics," your agency comes first -disagree inasmuch as professional ethics emphasize that your primary responsibility is to the ACA -disagree inasmuch as professional ethics emphasize that your primary responsibility is to your clients **

A client tells her counselor that she had an abortion. The counselor has strong feelings that abortions are immoral and immediately terminates treatment, citing his feeling that he is no longer comfortable counseling her. Professionally this action would be judged:

-appropriate considering his politics. -acceptable professionally and ethically. -illegal. -abandonment of the client and therefore unethical.

The culturally encapsulated counselor

-avoids accepting unreasoned assumptions without proof -shows sensitivity to cultural variations among individuals -describes reality according to one set of cultural assumptions ** -evaluates other viewpoints and making attempt to accommodate and understand the behavior of others

Privileged communication does NOT apply in cases of:

-clients' disclosures of personal and sensitive information -child abuse and neglect ** -unfaithfulness in one or both partners in couple's therapy -all of the above

Continuing professional education is important because

-the continuing education schools are in need of the income. -some practitioners did not receive the information in their educational program; until they attend continuing education programs, they cannot be held responsible for their actions. -a practitioner's level of competence may diminish over time; changes in laws pertaining to mental health, evolving ethical standards, and new trends in professional and evidence-based practices continue to be made. ** -the information they reveal has never been shared in academic programs before.

To succeed in a malpractice claim, the plaintiff needs to show that a breach of duty did exist in which:

-the practitioner failed to foresee the client's intention to commit suicide despite warning signs that the client was decompensating and/or the practitioner failed to provide the appropriate standard of care. -the client failed to get better in spite of reasonable care. ** -there was no professional relationship between therapist and client. -the client was explained informed consent in detail and the therapist practiced within his or her scope of capacity.

People with chronic medical, physical, and mental disabilities represent:

-the second largest minority and disadvantaged group in the United States. -the largest minority and disadvantaged group in the United States. ** -the smallest minority and disadvantaged group in the United States. -a diminishing minority and disadvantaged group in the United States.

Ted is a counselor educator and also acts as therapeutic agent for his students' personal development, since personal awareness is considered to be an intrinsic part of developing counselor skills in the program at the university in which he teaches. Ted is:

-totally unethical in attempting to guide his students toward self-awareness. -involved in a situation in which he will become so subjective that he will be unable to teach his students. -involved in role blending, which is inevitable in the process of educating and supervising counselor trainees. ** -in a situation that automatically leads to a conflict of interest.

Robert is currently going through a divorce and his children want to live with their mother. While working with clients, he seems to be unable to concentrate, irritable, and focusing on the negative aspects of the client's lives. Robert seems to be suffering from:

-transference. -burnout. ** -work-life balance. -compassion fatigue.

In the event that a practitioner is sued, he or she should:

-try to resolve the matter directly with the client. -destroy or alter files or reports that may be incriminating. -enter into personal therapy. -promptly retain an attorney. **

Counselors need to work to meet the needs of diverse clients, while also seeing that values are _______________ clients, which can result when counselors do not understand the worldview of clients.

-unchanging in -fluid for some -not imposed on ** -clearly explained to

Upon a client's request, you prepare a bill for more than your normal hourly rates so the client can collect more from his insurance coverage. Your action is

-unethical -only illegal -illegal and unethical ** -acceptable if you feel it is the only way for the client to receive needed therapy

Records are:

-vital to review the course of treatment. The manner in which you document treatment is likely to determine the outcome of the case. ** -important; however, the legal system does not expect a therapist to spend hours documenting treatment. -only important during legal proceedings. -necessary in order to diagnose suicidal or homicidal clients only.

Which of the following statements is NOT true about ethics?

1) Ethics represent the minimum standards enforced by government. 2) Ethics define the maximum or ideal standards set by the profession. ** 3) Ethics pertain to the beliefs people hold about what constitutes right conduct. 4) Ethics are enforced by professional associations.

What are the 8 steps in making ethical decisions?

1.Identify the problem or dilemma 2.Identify the potential issues involved 3.Review the relevant ethics codes 4.Know the applicable laws and regulations 5.Obtain consultation (from a supervisor and/or colleagues) 6.Consider possible and probable courses of action 7.Specify the consequences of various decisions 8.Decide on what appears to be the best course of action

Which moral principle gives the freedom of clients to choose their own direction?

Autonomy

Which disregard is Innocently unaware, lazy, or careless

Careless disregard

_____ _____ is the presence of an illness or severe psychological depletion that is likely to prevent a professional from being able to deliver effective services and results in consistently functioning below acceptable practice standards

Counselor impairment

Counselors whose training program obtained accreditation after they graduated are able to claim graduation from an accredited program, true or false?

False

It is important for counselors to have solutions to every problem, true or false?

False

It is unethical to refer clients if counselors lack the competence to be of professional assistance, true or false?

False

Which moral principles honor commitments and keeps promises?

Fidelity

Which disregard is Internationally opportunistic, abusive, exploitive, and self-serving in dealing with clients

International disregard

Which ethics describes a level of ethical functioning wherein counselors act in compliance with minimal standards

Mandatory ethics

Which ethics focuses on the character traits of the counselor and nonobligatory ideals to which professionals aspire rather than on solving specific ethical dilemmas

Principle ethics

Which ethics is a set of obligations and a method that focuses on moral issues with the goals of solving a particular dilemma or set of dilemmas and establishing a framework to guide

Principle ethics

uTitle 22, Texas Administrative Code § 681.41(v), 2019

Prior to the commencement of counseling services to a minor client who is named in a custody agreement or court order, a licensee must obtain and review a current copy of the custody agreement or court order, as well as any applicable part of the divorce decree

_________ refers to the constitutional right of an individual to decide the time, place, manner, and extent of sharing oneself with others.

Privacy

________ is a legal concept that generally bars the disclosure of confidential communications in a legal proceeding. The privilege usually belongs to the client.

Privileged communication

Counselor licensure requirements are not uniform across the states, true or false?

True

The mere existence of countertransference is not an ethical nor a legal issue, true or false?

True

Value conflicts between clients and counselors from different cultural backgrounds are inevitable, and it is possible for counselors to work through such conflict successfully, true or false?

True

Counselors are not expected to adopt or approve of clients' values but should respect them and not rush to refer clients solely because of differences in values, true or false?

true

What refers to counselors directly attempting to influence a client to adopt their own values, attitudes, beliefs, and behaviors?

value imposition

The Health Insurance Portability and Accountability Act of 1996 (HIPAA)

was passed by Congress to promote standardization and efficiency in the health care industry and to give clients more rights and control over their health information.