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Ethical & Legal Aspects of Counseling - Coggle Diagram
Ethical & Legal Aspects of Counseling
DEFINITIONS
ETHICS
a philosophical discipline that is concerned with human conduct and
moral decision making.
PROFESSIONAL ETHICS
beliefs about behavior and conduct that guide professional practices
MORALITY
involves judgment or evaluation of action. Words include
right, wrong
, good, bad, ought, should.
LAW
the precise codification of
governing standards
that are established to ensure legal and moral justice.
UNETHICAL BEHAVIORS IN COUNSELING
Violation of confidentiality
telling others
Negligent practice
end session abruptly
Claiming expertise one does not possess
I can treat mental illness
Imposing one’s values on a client
U shouldn't do this/that
Sexual activity with a client
Questionable financial arrangements
hidden charge
ETHICAL CODES
Ethical codes
help professionalize an association on a general level and provide
guidelines
for professional behavior of members on a personal level.
Protect
the profession from government
Help control internal disagreements and bickering, thus promoting
stability
within the profession
Protect
practitioners from the public, especially in regard to malpractice suits
8 ACA CODE OF ETHICS
The Counseling Relationship
Confidentiality, Privileged Communication, and Privacy
Professional Responsibility
Relationships with Other Professionals
Evaluation, Assessment, and Interpretation
Supervision, Training, and Teaching
Research and Publication
Resolving Ethical Issues
LIMITATION OF ETHICAL CODES
Ethical codes are
general and idealistic
and seldom answer specific questions
Ethical codes are
historical documents
and are not proactive documents
Conflicts may arise between
ethical and legal
codes
Counselors might
not always find all the guidance
they are looking for when consulting the Code of Ethics
MAKING ETHICAL DECISIONS
Ethical reasoning
the process of determining which ethical principles are involved, then prioritizing them based on the professional requirements and beliefs
6 ethical principles
Autonomy
Nonmaleficence
Fidelity
Veracity
Justice
Beneficence
5 STAGES DEVELOPMENTAL CONTINUUM OF REASONING
Punishment orientation
At this stage the counselor believes external social standards are the basis for judging behavior. If clients or counselors violate a societal rule, they should be punished
Institutional orientation
Counselors who operate at this stage believe in and abide by the rules of the institutions for which they work. They do not question the rules and base their decisions on them.
Societal orientation
Counselors at this stage base decisions on societal standards. If a question arises about whether the needs of society or an individual should come first, the needs of society are always given priority.
Individual orientation
The individual’s needs receive top priority at this stage. Counselors are aware of societal needs and are concerned about the law, but they focus on what is best for the individual.
Principle (conscience) orientation
In this stage, concern for the individual is primary. Ethical decisions are based on internalized ethical standards, not external considerations.
UNETHICAL COUNSELORS
slippery-slope effect
a course of action likely to lead to something bad or disastrous
Steps to take in working through ethical dilemmas
Identify the problem
objectively as possible and the counselor’s relationship to it.
Apply the current
ACA Code of Ethics/ LKM Code of Ethics
Consider
moral principles
of the helping profession
4.
Consult
with a colleague if necessary
If action is warranted, the colleague in question should first be
approached informally
.
Consider the
potential consequences
of all courses of action
choose and implement a course of action.
LEGAL ASPECTS OF THE COUNSELING RELATIONSHIP
CONFIDENTIALITY
the ethical duty to fulfill a contract or promise to clients that the information revealed during therapy will be protected from unauthorized disclosure.
PRIVACY
an evolving legal concept that recognizes individuals’ rights to choose the time, circumstances, and extent to which they wish to share or withhold personal information
PRIVILEDGE COMMUNICATION
regulates privacy protection and confidentiality by protecting clients from having their confidential communications disclosed in court without their permission; a client’s legal right
9 EXEPTIONS TO PRIVILEDGED COMMUNICATION
1) in cases of a
dispute
between counsellor & client
2) when a client raises the issue of
mental condition
in legal proceedings
3) when a client’s conditions poses a
danger to self & others
4) in cases of
child abuse / neglect
5) when counsellor has knowledge that the client is contemplating
commission of crime
6) court ordered
psychological evaluations
7) involuntary
hospitalization
8) when counsellor has knowledge that the client is a
victim of a crime
9) harm to
vulnerable adults
CIVIL AND CRIMINAL LEABILITY
Leability
involves issues concerned with whether counselors have caused harm to clients
legal responsibility for something
Civil liability
one can be sued for acting wrongly toward another or for failing to act when there is a recognized duty to do so
Criminal liability
involves a counselor working with a client in a way the law does not allow
Administrative liability
the therapist’s license to practice is threatened by an investigation from the licensing board, which has the power to revoke or suspend a license
Malpractice
harm to a client resulting from professional negligence
Negligence
the departure from acceptable professional standards
Three ways to protect oneself from malpractice
follow professional codes of ethics
follow normal practice standards
act in a professional, attentive, and courteous manner at the beginning of a counseling relationship so communication is enhanced and clients perceive that the counselor really cares about them
Legal Issues When Counseling Minors
Minors are children under age 18
In working with minors and their families, Lawrence and Kurpius (2000) give the following suggestions
Be thoroughly familiar with state statutes (i.e. privileged communication)
Clarify your policies concerning confidentiality
Keep accurate and objective records
Maintain adequate professional liability coverage
Consult with colleagues and have professional legal help a available
Client Rights and Records
Implied rights
linked to substantive due process
Explicit rights
focus on procedural due process (law fair & impartial)
6 categories of client documents
Identifying or intake information
Assessment information
Treatment plan
Case notes
Termination summary
Other data
Hermann’s (2011) model for counselors to determine their legal responsibilities:
Is there a state statute or federal law related to the dilemma?
What is the spirit of the law/why was the law written?
Is there a binding case law?
Binding case law - one that emulates state court decisions
Is there persuasive case law?
Persuasive case law - law from a case in another jurisdiction
Is there a workplace policy?
What would a reasonable person do?
What would a colleague with similar education and experience do?
Act reasonably based on the information elicited from the questions in the model and act in the best interest of the client.
The Counselor in Court
Most counselors become involved in court in two main ways
To serve as an expert witness
Or, through a court order
Ethics and The Law: Two Ways of Thinking
Attorneys and counselors think in different ways. To become successful in a litigious society, counselors can grow accustomed to the law in a variety of ways
knowledgeable
prepared to work
Board of Counsellor Code of Ethics
continuing education program
legal system
collaborative relationship
relationship with a counselor
consult