Ethical, Legal, and Professional Issues in Counseling

Philosophy underlying (4 beliefs)

1. Wellness Model of mental health vs medical model. 2. Most issues are developmental. 3. Prevention and early intervention are best. 4. Empowering client to resolve issues on their own, and how to identify later.

Ethical Absolutist vs Ethical Relativist

Absolutists believe that some moral standards are universal, relativists do not believe in absolute ethical standards.

Egoism

Actions taken out of self interest.

ACA

American Counseling Association

CACREP

Council for Accreditation of Counseling and Related Educational Programs; accredits Masters programs leading to speciality degrees in counseling, rather than accrediting general Masters programs in counseling.

Professional Identity

Counseling philosophy: Training/preparation, qualifications/credentialing, services provided, professional association of counselors.

Major types of counselor credentials:

Degree (Masters), State Licensure, State Agency Certification, National Voluntary Certification (NBCC/CRCC), Program Accreditation.

Evolution of Counseling

Emerged out of convergence of several essentially different forces: Counseling Psychology, School Psychology, Vocational Rehabilitation Counseling.

Virtue Ethics

Focuses on character traits to define a good person, theorizing that values will direct a person toward good behavior.

Wellness Model

Goal is for each person to achieve positive mental health to the highest degree possible. Occurring on a continuum.

Tort Law

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

Four self test after resolving an ethical dilemma

Justice, university, publicity, moral traces.

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.

Basic Counseling services:

Mental health counseling, assessment, testing, diagnosis, case management advocacy.

Microagressions

Microassaults, microinsults, and microinvalidations.

NBCC

National Board for Certified Counselors; voluntary organization that credentials counselors.

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.

Legal and political issues faced by counselors to the scope and practice in areas:

Testing, diagnosis, treatment of mental disorders, job classification, third party reimbursements.

Regarding dual relationships between counselors and clients

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

A "sliding scale" is a fee

a fee structure based on the amount of family income and family size.

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.

Proper maintenance of test security by counselors includes all of the following EXCEPT a) letting clients take the tests home to complete. b) locking up all tests and test results in a secured file cabinet. c) supervising the test taking process. d) releasing test records only to those individuals who are qualified to receive them. e) not allowing clients to copy testing materials.

a) letting clients take the tests home to complete.

Most legal issues faced by counselors involve

acting as a witness in litigation concerning other people.

The Family Educational Rights and Privacy Act of 1974 (FERPA), which is sometimes referred to as the "Buckley Amendment," affects

all public educational institutions.

Minor clients have

an ethical right to privacy and confidentiality, but no legal right in most states.

Ethical standards for consultants in the mental health field

are sparse in codes of ethics.

If a subpoena for the counseling records of a client is received, a counselor who works in a mental health agency should

ask his or her supervisor to obtain a legal opinion as to whether the records should be copied for the attorney who has issued the subpoena.

Moral Principles to guide decision making (6)

autonomy, nonmaleficence, beneficence, justice, fidelity, veracity

Generally, counselors create clinical case notes a) to protect themselves in the event counselors are later sued. b) for their own use, so that they may be effective counselors. c) for insurance companies who reimburse clients for the cost of mental health services. d) to keep up with whether the client attended sessions on particular days and whether the client paid for the sessions that were rendered. e) so that they may reflect upon their counseling sessions and improve their skills.

b) for their own use, so that they may be effective counselors.

Privileged communication statutes a) ensure that counselors will never have to repeat information clients tel them in a counseling session. b) protect clients from having confidential communications with their counselors disclosed in a court of law without their permission. c) protect the privacy of counselors. d) make it a crime for counselors to reveal confidential communications with their clients unless their clients give them written permission to disclose the information.

b) protect clients from having confidential communications with their counselors disclosed in a court of law without their permission.

The family Educational Rights and Privacy Acto of 1974 (FERPA) which is sometime referred to as the "Buckley Amendment"affects all a) community mental health centers in the US b)public educational institutions c)public hospitals d)private hospitals

b) public education institutions.

If a counselor is asked to disclose privileged info about a client who cannot be located, then the obligation to assert the privilege rest with a) the clients next fo kin b) the counselor c) clients attorney d) the client spouse , if any

b) the counselor

When it comes to determining who has the right to make decisions regarding a child's life, the law favors

biological parents.

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.

When you have an ethical question and you are having trouble making a decision, you should

consult with colleagues.

If a formal ethics complaint is filed against you, you should NOT

contact the client who filed the complaint to see if you can work things out.

Which of the following statements regarding counselor competence is FALSE a) Once counselors have become licensed, the burden of ensuring competent services falls on the counselors themselves. b) Competence in counseling is difficult to define. c) There is a continuum of professional expertise with gross negligence at one end and maximum effectiveness at the other extreme. d) Licensure ensures that practitioners are competent to do what their licenses permit them to do. e) Counselors are ethically required to counsel only within the boundaries of their competence.

d) Licensure ensures that practitioners are competent to do what their licenses permit them to do.

Many states have laws requiring reports of suspected abuse of all of the following EXCEPT a) children b) elderly persons c) incompetent persons d) abused wives e) developmentally disabled persons

d) abused wives

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.

The nature of the privacy concerpts of confidentiality and privileged communication is a) confidentiality and privileged communication are both primarily ethical issues. b) confidentiality and privileged communication are both primarily legal issues. c) confidentiality is primarily a legal issue, and privileged communication is primarily an ethical issue. d) confidentiality is primarily an ethical issue, and privileged communication is primarily a legal issue. e) it depends on the content as to whether confidentiality and privileged communication are ethical or legal issues.

d) confidentiality is primarily an ethical issue, and privileged communication is primarily a legal issue.

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.

If you believe another counselor is h\behaving in an unethical manner, the first thing you should do is

discuss the matter with the counselor and attempt to get him or her to change the behavior.

The Health Insurance Portability and Accountability Act (HIPAA) requires that a) counselors give clients a clear written explanation of how counselors use, keep, and disclose their health care information. b) clients have access to their records. c) that a written process exists for clients to request amendments to their records. d) a written history of most disclosures of client information be available to clients. e) All of the above.

e) All of the above.

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.

It is ethically persmissible for counselors to terminate a counseling relationship for all of the follwoing reasosn EXCEPT a) the client does not pay the fees charged b) it is clear the client is no longer benefiting from counseling c) agency limits do not allow services to continue d) insurance benefits for mental health care have been exhausted e) the client experiences a crisis

e) the client experiences a crisis

In the event a counselor has a client with a large bill for services that is several moths late, the counselor should

forget the bill and take steps in the future to prevent these bills from developing.

Regarding the law of privileged communication in relation to family and group counseling

general privilege is waive if there is a third party present during counseling.

A family counselor who uses paradoxical directives or interventions could get into trouble because clients who follow their prescriptions for behavior may be

harmed.

Moral Actions

having to do with the broad context of a culture or society. are based on your values, upbringing, culture, etc. your personal belief system concerned with right and wrong

Basic Ethical Decision Making Model

identify problem, consult ethic code, consider consequences, choose an action

"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.

Because clients may have emergencies between sessions, it is usually wise for counselors to

instruct a client to cal a 24 hr mental health hot line or report to a hospital emergency room.

Building blocks of professional practice

intentionality, principles and virtues, knowledge of ethics, legal & prof standards, decision making skills, courage of your convictions

The standard used to determine whether a particular counselor is qualified to administer and interpret a particular test

is not absolute and each counselor must make that determination for him/herself.

Pre-screening of groups

is required by the ACA Code of Ethics

It is impossible for counselors to understand all aspects of the law but the best advice for counselors who face legal questions is to

listen to their lawyers and do what the lawyer says.

mandatory vs aspirational ethics

mandatory means doing just enough to keep you in compliance; aspirational means highest standards.

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.

Parents who object to their child's participation in counseling

may have the right to demand that services be discontinued.

When administrative and clinical supervisors give to corrective feedback to supervisees, that feedback

must be followed by the supervisee.

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.

Supervision agreements between a clinical supervisor and supervisee

should be in writing so both parties understand the terms of the relationship clearly.

If a counselor were to purposefully make false oral statements that damaged the reputation of another mental health professional, the counselor could be sued for

slander.

As a professional counselor, you are required by law in all states to report

suspected child abuse.

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.

If a supervisee is sued for negligence when a client commits suicide and a jury finds the counselor at fault

the administrative supervisor is most likely to be held accountable as well because the administrative supervisor has direct control and authority over the counselor's day to day activities. (Vicarious Liability)

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.

Legal principles view the contents of the counseling records about a particular client as belonging to

the client.

Values

the ideas, beliefs, and attitudes about what is important that help guide the way you live.

If you believe your supervisor at your work setting is forcing you to act in what you consider to be an unethical manner, you should

try to work with your supervisor to resolve the problem.

The testimony of expert witnesses

usually supports one side in a legal controversy and damages the position of the other side.

Family counselors often view the family system as their client and treat the family as one entity, as opposed to treating individual family members, and our laws

view family members as having separate and distinct rights and responsibilities that are individual in nature.

Family counselors often view the family system as their clients and treat the family as one entity, as opposed to treating individual family members, and our laws

view family members as having separate and distinct rights and responsibilities that are individual in nature.

Counselors who practice from a developmental perspective

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