Test Bank for Counseling: A Comprehensive Profession, 8th Edition

CHAPTER 2 ETHICAL AND LEGAL ASPECTS OF COUNSELING CHAPTER OVERVIEW This chapter focuses on the ethical standards and legal aspects of counseling. The reasons for, benefits of, and the limitations of ethical codes and legal codes are examined. Ethical decision making is explored with a special look at certain principles and procedures that counselors can follow to help them make ethically sound decisions. Furthermore, special counseling situations where ethical crises may arise are discussed, e.g., in schools and with families. Ways of dealing with unethical counselors also are included. The interface between the legal system and the counseling profession is covered as well. The issues of counselor liability are discussed, especially regarding the questions of client rights and records. Finally, the issue of counselors in the courtroom is highlighted along with a look at the different cultures in which attorneys and counselors live. KEY TERMS, CONCEPTS, AND PEOPLE ACA Code of Ethics Administrative liability Association for Spiritual, Ethical, and Religious Values in Counseling (ASERVIC) Autonomy Beneficence Bogust v. Iverson Buckley Amendment Certification Civil liability Codes of ethics Confidentiality Criminal liability Cyber counseling or webcounseling Developmental stages of ethical reasoning Dual or multiple relationships Ethical principles Ethical reasoning Ethics Family Educational Rights and Privacy Act (Buckley Amendment) Fidelity Five-stage developmental continuum of reasoning Individual orientation Individualized education plan (IEP) Inspection Institutional orientation Iowa Law Review Note Jaffee v. Redmond Justice Law Law liability Liability Licensure Limited license Malpractice Morality Moral traces NBCC certification Nonmaleficence Principle (conscience) orientation Privacy Privileged communication Professional ethics Publicity Punishment orientation Registration Slippery slope effect Societal orientation Tarasoff v. Board of Regents of the University of California Tort Unethical behavior Universality Veracity Weldon v. Virginia State Board of Psychologists Examiners CHAPTER 2 – ETHICAL AND LEGAL ASPECTS OF COUNSELING Definitions: Ethics, Morality, and Law • • • Ethics – the standard that governs relationships between individuals, such as between a counselor and his/her clients. Morality – the judgment or evaluation of an action. (shoulds, oughts, rights, wrongs) Law – the precise codification of governing standards that are established to ensure legal and moral justice. Created by legislation, court decisions, tradition, and English common law. Law dictates what is legal, not what is ethical. (Therefore, a behavior may be unethical but still legal.) Ethics and Counseling • Professional counselors are concerned with ethics and values. Many treat ethical complaints with the same degree of seriousness as lawsuits. • Unethical behaviors in counseling include: o Violation of confidentiality o Exceeding one’s level of professional competence o Negligent practice o Claiming expertise one does not possess o Imposing one’s values on a client o Creating dependency in a client o Sexual activity with a client o Certain conflicts of interest, such as dual relationships (ex., being a counselor to a client and serving as his/her tennis partner) o Questionable financial arrangements, such as charging excessive fees o Improper advertising o • Plagiarism Association for Spiritual, Ethical, and Religious Values in Counseling (ASERVIC) under the ACA publish guideless for leaders in professional counseling organization and publish a journal, Counseling and Values, containing articles on ethical situations. Professional Codes of Ethics and Standards • • • Reasons for Codes of Ethics o Protect the profession from government o Help control internal disagreements o Protect practitioners from the public Development of Codes of Ethics for Counselors o The first code of ethics was developed by ACA formally known as APGA based on the APA code of ethics initiated by Donald Super and approved in 1961. The codes have been revised many times since. o ACA’s latest ethics code is comprehensive in nature and a major sign that counseling has developed into a mature discipline. o ACA 2014 proposed six purposes for its code of ethics: ▪ Set for ethical obligations and provide guidance to help inform ethical practice. ▪ Identify ethical considerations relevant to counselors and counselorsin-training. ▪ Describe the principles that members of the association have in common ▪ To provide an ethical guide to assist counselors in developing a proper course of action that serves clients and establishes expectations of conduct regarding the professional counselor ▪ Support the mission of ACA ▪ Serve as the foundation for processing inquiries and ethical complaints. o ACA’s ethical standards are arranged under nine topical headings containing material similar to other ethical codes. These codes are unique to the counseling profession: ▪ Section A: counseling relationship ▪ Section B: confidentiality and privacy in counseling ▪ Section C: Professional responsibility ▪ Section D: Relationships with colleagues, employers, and employees ▪ Section E: Evaluation, assessment, and interpretation ▪ Section F: Supervision, training, and teaching ▪ Section G: Research and publications ▪ Section H: Distance counseling, technology, and social media ▪ Section I: Resolving ethical issues Limitations of Ethical Codes o Codes are only guidelines based on experience and values of how counselors should behave. They do not address probable professional dilemmas. o Some of the limitations of any code of ethics include: ▪ Some issues cannot be resolved by a code of ethics ▪ Enforcing ethical codes is difficult. ▪ There may be conflicts within the standards delineated by the code. ▪ ▪ ▪ ▪ ▪ ▪ ▪ • Some legal and ethical issues are not covered in codes. Ethical codes are historical documents. Therefore, what may be acceptable practice at one time may be considered unethical later. Sometimes conflicts arise between ethical and legal codes. Ethical codes do not address cross-cultural issues. Ethical codes do not address every possible situation. There is often difficulty in bringing the interest of all parties involved in an ethical dispute together systematically. Ethical codes are not proactive documents for helping counselors decide what to do in new situations. Conflicts Within and Among Ethical Codes o Potential dilemmas of standards ▪ Be able to differentiate ethical dilemmas from other types of dilemmas. ▪ Different ethical principles in a code may offer conflicting guidelines about what to do in a given situation. For instance, confidentiality and acting in the client’s best interest if s/he is going to harm someone else or him/herself. ▪ Codes of ethics differ from one organization to another, such as APA and ACA. Making Ethical Decisions • Sometimes counselors operate from personal ethical standards without consulting the ethical guidelines. When faced with a dilemma, they may make a decision that may unintentionally turn out to be unethical. • A study conducted in New York found five types of ethical dilemmas most prevalent among university counselors surveyed: o Confidentiality (most difficult to resolve) o Role conflict o Counselor competence (most difficult to resolve) o Conflicts with employer or institution o Degree of dangerousness (least difficult to resolve) • Ethical reasoning is the process of determining which ethical principles are involved and then prioritizing them based on the professional requirements and beliefs. Several ethical principles relate to the activities and ethical choices of counselors: o Beneficence (doing good and preventing harm), o Nonmaleficence (not inflicting harm – current or future) o Autonomy (respecting freedom of choice and self-determination) o Justice (fairness), and o Fidelity (faithfulness or honoring commitments) • • Other Guidelines for Acting Ethically o Guidelines for assessing whether counselors act in ethically responsible ways. ▪ Personal and professional honesty, such as dealing with hidden agendas. ▪ Acting in the best interest of clients. ▪ Acting without malice or personal gain. ▪ Justifying an action based on the current state of the profession Educating Counselors in Ethical Decision Making • • • • Ethical decision making can be promoted by – graduate programs and continuing education credit. Counselors reason through their behaviors with clients in a five-stage developmental scale of reasoning: o Punishment orientation – external social standards are the basis for judging behavior. Punishment should follow a behavior. o Institutional orientation – at this stage counselors believe in and abide by the rules of the institutions for which they work. They do not question the rules. o Societal orientation – counselors at this stage base their decisions on standards set by society. The needs of society are always given priority over individual needs. o Individual orientation – the individual’s needs are prioritized over society’s needs, even though the counselor is aware of the law. o Principle (conscience) orientation – concern for the individual is most important. Ethical decisions are based on internalized ethical standards. Group workers may sharpen their ethics by using case studies and Carkhuff’s three goals model of helping: self-exploration, self-understanding, and action. Kitchener uses an integrated model of goals and components for an ethics education curriculum based on research on the psychological processes underlying moral behavior and current thinking in applied ethics. Her curriculum includes: sensitization to ethical issues, improving ethical judgments, encouraging responsible ethical actions, and tolerating decision making ambiguity Ethics in Specific Counseling Situations Ethical behavior is influenced by the attitudes in the setting in which one works, by colleagues, and by the counselor’s task at hand. If practices in an institution are unethical the counselor must either try to change the institution through educational or persuasive means or find another job. • • • • School Counseling and Ethics o The counselor should always show priority for the client first and the school second. This may be difficulty when a school counselor is put into an administrative position. School counselor should be familiar with the ethical standards of the American School Counseling Association. Computers, Counseling, and Ethics o Breech of client information is a possibility with transactions on a computer. Ethical dilemmas are issues with cyber counseling or Webcounseling. Couple and Family Counseling and Ethics o Because individuals in a family have different goals at times Thomas has developed a framework for counselors, clients, and the counseling process: 1) responsibility, 2) integrity, 3) commitment, 4) freedom of choice, 5) empowerment, and 6) right to grieve. Other Counseling Settings and Ethics o Counseling older adults – counselors must make ethical decisions regarding the unique needs of the cognitive impairments, terminal illness, or victims of o o o o abuse. Principle ethics may be used that focus on socially and historically appropriate answers to: What shall I do? or, Is this action ethical? Virtue ethics might be used which focus on the character traits of the counselor and nonobligatory ideals to which professionals aspire. Multicultural counseling Managed care Diagnosis of client Counseling research – four main ethical issues must be resolved: 1) informed consent, 2) coercion and deception, 3) confidentiality and privacy, and 4) reporting the results. Multiple Relationships • • • From the debates in the 1970s on the ethical nature of counselor-client sexual relations which concluded that this relation was unethical came the discussion about nonsexual dual relationships. The conclusion of these discussions is that nonsexual dual relationships should be avoided. No matter how harmless a dual relationship seems, a conflict of interest almost always exists, and any professional counselor’s judgment is likely to be affected. Counselor may lose their objectivity and clients may be placed in a situation in which they cannot be assertive. As a basis of ethical behavior, counselors should remove themselves from socializing or doing business with present or former clients, accepting gifts from them, or entering into a counseling relationship with a close friend, family member, student, lover, or employee. Although the principles underlying the ethics of multiple relationships seem clear, implementing them is sometimes difficult and ins some situations even unavoidable. Working with Counselors Who May Act Unethically • • • “Slippery slope effect” – when working with someone who acts unethically, it is easy to ignore a situation or condone the situation by rationalizing the behavior Barbara Herlihy suggests steps to take in working through potential ethical dilemmas: o Identify the problem as objectively as possible and the counselor’s relationship to it. o Apply the current ACA Code of Ethics. o Consider moral principles of the helping profession, such as beneficence, justice, and autonomy; additionally, consultation with a colleague. Taking action: (be prepared for criticism from others) o Confront the counselor in a caring context o If confrontation does not work, file an ethical complaint with the ACA and/or state licensure or national certification board. Complaint may be filed by colleague or a client who believes s/he has been unethically treated. o Counselors should use the following criteria for determining their comfort: publicity, justice, moral traces (lingering doubt), and universality (Would you recommend this course of actions to others?) The Law and Counseling • Legal refers to law or the state of being lawful. • • • • Law refers to a body of rules recognized by a state or community as binding on its members. Counselors must rely on court decisions and statues that influence legal opinions because there is no general body of law covering the helping professions. o Duty to care – health providers’ legal obligation not to act negligently. The legal opinion that determined the case of the 1993 Napa County, CA case involving Gary Ramona who sued his daughter’s therapists, charging that by implanting false memories of sexual abuse in her mind they had destroyed his life. Ramona was awarded $475,000 after the jury found the therapists had negligently reinforced false memories. o In 1996 US Supreme Court decision Jaffe v. Redmond held that communications between licensed psychotherapists and their patients are privileged and do not have to be disclosed in cases held in federal court. Precedence set regarding confidentiality between a master’s-level clinician and her client. o The Amicus Curiae Brief argued before the US Supreme Court in 1997 dealt with mental health issues associated with “physician-assisted suicide.” ACA joined with other mental health groups to protect the rights of counselors and other helping specialties with aid-in-dying situations. The law is usually supportive of: o Professional codes of ethics. o Licensure or certification of counselors to ensure minimal standards of practice. o Allowing the counseling profession to police itself and govern counselors’ relations with their clients. The law overrides professional code of ethics when it is necessary to protect the public and safety or welfare of others. Confidentiality must be breeched in these situations in order to disclose information necessary to prevent harm. In these cases, the counselor has the duty to warn potential victims about potential harm. Legal Recognition of Counseling • • • • Counseling has gained professional recognition through legal situations. In 1960 a judge ruled in the case of Bogust v. Iverson that a counselor with a doctoral degree could not be held liable for the suicide of one of his clients because counselors were “mere teacher” who received training in a department of education. Therefore, counseling was not legally recognized as a practicing profession. In 1971 in an Iowa Law Review Note, counselors were legally recognized as professionals who provided personal, as well as, vocational educational counseling. In 1974 in Weldon v. Virginia State Board of Psychologists Examiners counseling was rendered a profession distinct from psychology. The US House of Representative refined the definition of counseling and recognized the profession in H. R. 3270 (94 th Congress, 1976) stating that counseling is “the process through which a trained counselor assists an individual or group to make satisfactory and responsible decision concerning personal, educational and career development.” Legal Aspects of the Counseling Relationship • Counselors must follow specific legal guidelines in working with certain populations. o • • • PL 94-142 (the Education of All Handicapped Children Act of 1975) provides that schools must make provisions for the free, appropriate public education of all children in the least restrictive environment possible. ▪ This law advocates that a child under this definition must be provided an IEP (individual education plan) as well as the provision for dueprocess procedures. Also disabled children must be identified and record kept on each child’s progress. o Child abuse laws provide legal obligation for counselors to report suspected cases of abuse to proper authorities. o Legal obligations are defined under the Family Educational Rights and Privacy Act (FERPA) of 1974, known as the Buckley Amendment. This statute gives students access to educational records kept by educational institutions. The Buckley Amendment must be followed by higher educational institution. For instance, students in college must give their permission to college advisors and/or administrators to disclose any educational or judiciary information to others including parents. Legal concerns about information sharing have been defined into groups: confidentiality, privacy, and privileged communication. o Confidentiality – a promise to clients that information revealed during counseling will not be shared with others without their permission. o Privacy – an individual’s right to choose the time, circumstances, and extent to which s/he wishes to share or withhold personal information. If a client believes s/he has been coerced into sharing information they would not normally disclose may seek legal help against a counselor. o Privileged communication – regulates privacy protection and confidentiality of individuals in counseling (not groups or family) by protection of clients from having their confidential communications disclosed in court without their permission. Most states recognize and protect privileged communication except in nine categories: ▪ In cases of dispute between counselor and client ▪ When a client raises the issue of mental condition in legal proceedings (for instance, pleading temporary insanity) ▪ When a client’s condition poses a danger to self or others ▪ In cases of child abuse or neglect ▪ When the counselor has knowledge that the client is contemplating commission of a crime ▪ During court ordered psychological evaluations ▪ For purposes of involuntary hospitalization ▪ When the counselor has knowledge that a client has been a victim of a crime ▪ In cases of harm to vulnerable adults Laws vary from state to state. Know the laws of the state in which you are practicing. The landmark case of confidentiality is Tarasoff v. Board of Regents of the University of California (1976): o Prosenjit Poddar, a student at the Berkeley campus of the University of California, was a voluntary outpatient at the student health services. He informed the psychologist counseling him that he intended to kill his former girlfriend, Tatiana Tarasoff, when she arrived by plane to the area of the campus. o The psychologist notified the campus police, who detained and questioned the student about his threat. The student denied any intention, acted rationally, and was released. o Podder refused further treatment by the psychologist, and no additional steps were taken to stop him from his intended action. o Tarasoff was killed by Poddar two months later. Her parents sued the Regents of the University of California for failing to notify the intended victim of a threat against their daughter. o The California Supreme court ruled in favor of Tarasoff’s parents, holding the therapist responsible due to the therapist’s duty to protect the public that overrides any obligation to maintain client confidentiality. Civil and Criminal Liability • • • • Liability in counseling involves issues concerned with whether counselors have caused harm to clients. o Civil liability – a person can be sued for acting inappropriately toward another person or for failing to act when there is a recognized duty to do so. ▪ Based on torts, “a wrong [against a person, property, or someone’s reputation intentional or unintentional] that legal action is designed to set right”. ▪ Civil liability with counselors is most prevalent: • Malpractice in particular situations (birth control, abortion, prescribing and administering drugs, treatment) • Illegal search • Defamation • Invasion of privacy • Breach of contract o Criminal liability – when a counselor works with a client in a way the law does not allow. ▪ Risk of criminal liability is most possible in three situations: • Accessory to a crime • Civil disobedience • Contribution to the delinquency of a minor Malpractice in counseling is defined as harm to a client resulting from professional negligence (carelessness). Negligence is defined as the inattention to acceptable professional standards. Counselor should protect themselves from malpractice: o Follow professional codes of ethics o Follow normal practice standards o Carry liability insurance o An excellent book of helps of malpractice is Avoiding Counselor Malpractice. Legal Issues Involved When Counseling Minors • • • Minors – children under the age of 18. Working with minors in non-school settings involves legal and ethical issues different from those in an educational environment. Minors can enter into a contract for treatment in three ways o By parental consent Involuntarily at a parent’s insistence – Requires parental consent. By the order of the juvenile court – Does not require parental consent, but parents or guardians should be informed. Failure to obtain [custodial] parental consent puts the counselor at risk of being sued for battery, failure to gain consent, and child enticement. Suggestions in working with minors: o Be familiar with state statutes regarding privileged communication o Clarify your policies about confidentiality with the child and parent(s) at the beginning of the therapeutic relationship and ask for their cooperation. Provide a written statement of these policies that everyone signs. o Keep accurate and objective records of all contacts. o Keep above the minimum professional liability coverage. o When in doubt ask a colleague and have professional legal help available. o o • • Client Rights and Records • • • • There are two main types of client rights: o Implied rights are linked to substantive due process. When a rule is made that limit a person’s constitutional rights, s/he has been denied substantive due process. o Explicit rights focus on procedural due process (the steps necessary to initiate or complete an action when a rule is broken). When a rule is broken and the person is not informed about how to remedy the matter. Clients have the right to know what to do when his/her rights have been violated. Client records are legally protected except under special circumstances. o An individual has the right legally to inspect his/her record, such as with the Buckley Amendment. o Some cases permit third parties to have access to student information without the consent of the student or parent. o Counselors are legally required to protect clients of all ages by keeping records under lock and key, separate from any required business records. Disclosure of information may not be performed without a client’s written permission. ▪ Use of a release-of-information form drawn up by an attorney is a good practice. ▪ Information not obtained first-hand should not be released. Information contained in a client’s record includes all information about the client necessary for his/her treatment. Six categories of documents are usually included: o Identifying or intake information: name, address, telephone number(s), date of birth, sex, occupation, etc. o Assessment information: psychological evaluation(s), social/family history, health history, etc. o Treatment plan: presenting problem, plan of action, steps to be taken to reach targeted behavior, etc. o Case notes: such as, the documentation of individual sessions progress toward goals. o Termination summary: outcome of treatment, final diagnosis (if any), aftercare plan, etc. Other data; client’s signed consent for treatment, copies of correspondence, notation about rationale for any unusual client interventions, administrative problems, etc. Check state legal codes for record keeping. Third-party reimbursement sometimes requires progress in terms of a treatment plan and diagnosis. Never give confidential information about a client over the phone. Do not discuss counseling cases in public. o • • • Minimizing Legal Liability • Question to answer to reduce legal liability (Hermann (2011c): o Is there a state statute or federal law related to the dilemma? o What is the spirit of the law? o Is there a binding case law? o Is there persuasive case law? o Is there a workplace policy? o What would a reasonable person do? o What would a colleague who has similar education and experience do? o Act reasonably based on the information elicited from the questions in the model and in the best interest of the client. The Counselor in Court • • • Most counselors only appear in court at the state level. Federal courts deal with cases primarily under the laws of the US or involving citizens of different states where the amount of controversy exceeds $50,000. Two reasons counselors end up in court: o Expert witness: A counselor voluntarily serves as an expert witness who is an unbiased person with specialized knowledge, skills, or information. Expert witnesses can assist a judge or jury in reaching a legal decision. Financial compensation is provided. o Court order: A counselor is subpoenaed to court with the intention of having the counselor testify on behalf of or against a present or former client. Available to counselors are 12 volumes in the ACA Legal Series containing information of preparing for court appearances, documenting counseling records, counseling minors, understanding confidentiality and privileged communication, receiving third-party payments, and managing a counseling agency. Ethics and the Law: Two Ways of Thinking • • Differences exist in the two cultures of counselors and attorneys. Ways counselors can become acculturated to the law: 1. Counselors should become “knowledgeable with those elements that are common to both mental health and the law,” 2. Understand and be prepared to work with those elements of the law 3. Review the ACA Code of Ethics and Professional Standards and other relevant ethical codes annually 4. Participate in continuing education programs that review laws 5. Learn more about the legal systems through organizations and publications 6. Create a collaborative relationship with a lawyer, judge, or other legal practitioner 7. Develop a relationship with a counselor knowledgeable about law 8. Consult and receive feedback on possible decision when there is an ethicallegal dilemma. CLASSROOM ACTIVITIES 1. Obtain copies of early ethical codes for the ACA. Compare these guidelines to the most recently published ACA Code of Ethics. What differences do you notice? Discuss your observations with fellow class members. 2. In groups of four, use the ACA Ethical Standards Casebook as a guide to enact specific ethical dilemmas before your classmates. Have the other groups write down at least two courses of action they would pursue in solving your enacted situation. Have them justify the personal and professional reasons for their actions. Discuss each of these situations 3. with the class as a whole and with your instructor. 4. Invite three or four professional counselors to your class to discuss specific ethical and legal concerns they have encountered. Ask about what areas they find the most difficult to deal with. After their presentations, question them about the role of ethics and law in the future of counseling. 5. Obtain as many copies as you can of counseling laws in states where counselors are licensed. Check the NBCC Web site in carrying out this assignment. Compare these laws for similarities and differences. What areas do you think the laws need to address that are not being covered? 6. Write down ways that you, as a professional counselor, can influence the development of counseling ethics and law. Be specific. Share your thoughts with fellow classmates. CHAPTER 2 – MULTIPLE CHOICE TEST QUESTIONS 1. The employment of such words as “good,” “bad,” “right,” and “wrong” are associated with _________________. a. ethics b. morality c. law d. criminal liability 2. All of the following EXCEPT _______________ are examples of prevalent forms of unethical behaviors in counseling. a. violations of confidentiality b. imposing one’s values on a client c. avoiding interaction with a client on a social level d. creating dependency 3. Ethical codes do which of the following? a. protect the profession from the government b. promote stability within the profession c. protect practitioners from the public d. all of the above 4. In making ethical decisions, counselors should follow all of these principles EXCEPT a. beneficence and nonmaleficence b. justice and fidelity c. common sense and autonomy d. personal gain 5. Which of the following is not considered to be a limitation in any code of ethics? a. difficulties in enforcing ethical codes b. ethical codes address cross-cultural concerns c. ethical codes are not proactive documents that can inform counselors of what to do in new situations d. all of the above are limitations 6. When there is a potential conflict between a counselor’s employer and a counselor’s client, the counselor should __________. a. first protect the right of the client b. first serve the interest of the employer c. ask a colleague to settle the conflict d. immediately quit his or her job 7. According to Van Hoose and Paradise, which one of the following, from a developmental perspective, is the highest stage of ethical reasoning? a. societal orientation b. principle or conscience orientation c. institutional orientation d. individual orientation 8. Ethics that are based on a set of obligations that focus on finding socially and historically appropriate answers to the question: “What shall I do?” are called ________ ethics. a. principle b. virtue c. absolute d. relativistic 9. The law is generally ___________ toward professional codes of ethics and toward counseling in general. a. hostile b. supportive c. neutral d. “B” and “C” but not “A” 10. The Iowa Law Review Note of 1971 did which of the following ________________. a. established the need to break confidentiality in order to prevent harm (duty to warn and protect) b. first legally recognized as professionals c. clarified the role of counselors in the mental health profession d. established that communications between a licensed psychotherapist and their patients are privileged 11. Civil liability means _____________; whereas, criminal liability means ________. a. working with a client in a way that the law does not allow; being an accessory to a crime b. acting wrongly toward another; failing to stop a crime c. acting wrongly toward another or failing to act; working with a client in a way that the law does not allow d. being uncivil; engaging in unlawful practices 12. A legal wrong can be _____________. a. against a person or property b. unintentional c. direct d. all of the above 13. Which of the following types of information should not go into a client’s record? a. required business records b. consent for treatment and assessment c. case notes and copies of correspondence d. identifying information 14. To be successful in a litigious society, counselors, as a minority culture, must become acculturated into the majority culture, the law, by ________________. a. learning more about the legal system b. creating a collaborative relationship with a lawyer or judge. c. becoming knowledgeable with those elements that are common to both mental health and the law d. all of the above 15. A counselor working with a client who she believes is at a moderate to high risk for committing suicide. While working with the client she asks herself two questions: (1) If I let the client go home tonight will she harm herself? (2) If I have her involuntarily committed, am I respecting her freedom to make her own choices? Based on these two questions, with which two ethical principles is the counselor grappling? a. Autonomy and justice b. Fidelity and beneficence c. Nonmaleficence and veracity d. Beneficence and autonomy 16. Which court case might a counselor turn to in the even that they have a counselor who expresses a desire to harm others? a. Bogust v. Iverson because this court case clearly stated that a counselor with a doctoral degree could not be held liable for the suicide of a client because the counselor is merely a teacher. This generalizes to homicidal threats as well. b. Weldon v. Virginia State Board of Psychologists Examiners because the judgment in this case was that counselors are distinct from psychologists and therefore are not bound by duty to warn and protect statutes. c. Tarasoff v. Board of Regents of the University of California because, in this case, the court ruled that therapists have a duty to protect the public that overrides any obligation to maintain client confidentiality. d. Jaffe v. Redmond because, in this case, the court ruled that communications between licensed psychotherapists and their patients are privileged and do not have to be disclosed in cases held in federal court. ESSAY TEST QUESTIONS 1. Discuss the benefits and limitations of ethical codes for counselors. What are some resources counselors can use in making ethical decisions? 2. Explain three instances where a counselor can be sued for malpractice in either a civil or criminal liability case. What steps can counselors take to avoid such occurrences? 3. List and describe the six ethical principles, and give an example of how each may be applied to a counseling situation. ADDITIONAL RESOURCES Benshoff, J. M., & Borders, L. D. (2001). Legal liabilities in clinical supervision [Film]. (Available from the American Counseling Association, 5999 Stevenson Avenue, Alexandria, VA 22304) In this videotape, Dr. Ted Remley, a counselor educator and attorney, focuses on legal considerations that affect the process of clinical supervision. 1-800-422-2648 Corey, G., Corey, M. S., & Haynes, R. (Producer). (1998). Ethics in action [Film]. (Available from Brooks/Cole Publishing Company, Attn: Database Management 9BCCNC01, International Thomson Publishing, P.O. Box 6904, Florence, KY 41022) There are two different videos offered: Video 1, Student Version; and Video 2, Institutional Version. Each 60-minute video looks at various ethical dilemmas that counselors face. The student version is accompanied by a workbook and the institutional version has a facilitator’s resource manual. These can be used separately or in conjunction with each other. 1-800-487-8488 Insight Media. (1983). Confidentiality [Film]. (Available from Insight Media, 2162 Broadway, New York, NY 10024-0621) This 45-minute video deals with ethical considerations for therapists when confronting confidentiality issues. Using scenarios, the video shows some appropriate responses for dealing with certain ethical dilemmas surrounding confidentiality. 1-800-233-9910 Insight Media. (1998). Ethical issues in action [Film]. (Available from Insight Media, 2162 Broadway, New York, NY 10024-0621) There are two parts to this video set. First, the “Student Version”, looks at how a counselor’s values influence their work with their clients and how to come to resolution on different ethical dilemmas. The second video, the “Institutional Version”, illustrates the same topics as above, yet more in-depth discussion is given with the possibility of using the video in conjunction with the first or on its own. Each video is 45 minutes. 1800-233-9910