THOMPSON & HENDERSON (2011): CHAPTER 4 Legal and Ethical Considerations for Counselors

THOMPSON & HENDERSON (2011): CHAPTER 4

Legal and Ethical Considerations for

Counselors

Definitions - Ethics

Copyright 2007 Brooks/Cole, a division of Thomson Learning

Ethics is a branch of philosophy that focuses on morals and morality in their relationship to making decisions

The customs, mores, standards, and accepted practices of a profession

Ethical codes educate professionals about practice conduct, provide a means of accountability and create ways to improve

Definitions - Professional Issues


Technical, procedural, or cultural standards that members of the profession are expected to accept as part of their practice

Definitions - Legal Issues


Related to federal, state, and municipal standards of practice as regulated by law

Laws are minimum standard that society will accept

“Standard of care” target guides decisions about whether a course of action would meet that criteria

Virtue Ethics


Meara, Schmidt, and Day (1996)everything one needs to know can not be

in the codefocus on “character” ethicsRelate to exceeding the obligations and

striving for the ideals of the profession

Virtues


Integrity: Acting consistently on personal values

Prudence: Acting with discernment and restraint

Trustworthiness: Acting and following through on commitments

Compassion: Deep concern and respect for the individual (Welfel, 2006)

Six Aspects of Ethical Reasoning


Remley and Herlihy (2005)autonomy (respecting freedom of choice)nonmaleficence (do no harm)beneficence (responsibility to do good)justice (being fair)fidelity (being faithful)veracity (being honest)

Decision-Making Models


Develop ethical sensitivityIdentify and define the problem.Think about your own emotional reactions.Apply fundamental principles and theories.

Define the central issues and possible options.

Refer to professional standards, laws and current literature.

Decision-Making Models


Consult with colleagues or experts.Involve the client in the decision-making.Identify desired outcomes.Consider different courses of action.Choose and act.Reflect on the actions taken.

Important Guidelines


Always act in the best interest of the client.Always act in good faith and without maliceBe aware of your personal values, attitudes,

and beliefs.Refer clients to another counselor if personal

characteristics interfere with your effectiveness as a helper.

Counseling Minors


Involves balancing three social systems:

1. The state2. The parent or family3. The minor child

Competence


Counselors need knowledge, skills and diligence in their specialty areas of practice

To counsel children must participate in specialized education, training, and supervised practice

Continuing education necessary

Informed Consent


Formal permission given by a client for beginning counseling is known as informed consent

People who cannot understand the contents in a consent form or who are unable to make a rational decision also cannot give consent

Consent must be given voluntarilyUsually parent or guardian must provide

permissionWritten statements such as a disclosure

letter or brochure are suggested

Confidentiality


Privacy ensures that people may choose what others know about them

Confidentiality refers to professional responsibility to respect and limit access to clients’ personal information

Privilege communication exists by statue and applies only to those testifying in court of law

Privacy and Children


Younger children have little understanding or need for privacy

Preadolescents and adolescents may have a heightened need

Some children may want their parents to know what is going on in counseling

Children will sometimes disclose something hoping the adult will intervene.

Children’s reasoning capacity may limit the decision making ability.

Confidentiality


Explain during first and subsequent interviews about confidentiality and its limits

Should be done orally and in writingLimits include

Professional in court-ordered role court mandated release of files malpractice lawsuit mental state used as defense in court hospitalization is necessary client is danger to self or others client is minor and victim of a crime

Confidentiality of Files


Buckley Amendment (FERPA) grants parents and students of legal age access to their records and limits others’ access. Exclusions are personal logs treatment records directory information

Summary


practice within your boundariesknow state lawsalways explain confidentialitymaintain accurate/objective recordspurchase liability insuranceconfer with colleagues

Documents

THOMPSON & HENDERSON (2011): CHAPTER 4 Legal and Ethical Considerations for Counselors