CNED 5373 - Counselor Education :: College of Education and Health

University of Arkansas, College of Education and Health ProfessionsDepartment of Rehabilitation, Human Resources, and Communication Disorder

I. Program Affiliation: Counselor Education

Course Number and Title: CNED 5373-Ethical and Legal Issues in Counseling

Catalog Description: Review of ethical and legal standards governingprofessional counselor training, research, and counseling practice, including client rights; confidentiality; the client-counselor relationship; and counseling research, training, and supervision.

Prerequisite: CNED 5203 Foundations of the Counseling Profession (preferred)

Instructor: Kristin K. Higgins, Ph.D., LPCOffice: 135 Graduate Education BuildingPhone: 575-3329E-mail: [email protected]

II. Relationship to Knowledge Base: Advanced Level

III. Goals:

1. To become familiar with the roles of the professional codes and legislation in the regulation of helping professionals.

2. To become aware of professional organizations and familiar with the American Counseling Association (ACA).

3. To provide an orientation to the ethical responsibilities of members of ACA.4. To become familiar with the ethical standards of ACA and related entities,

and applications of ethical and legal consideration in professional counseling.5. To become aware of the effect of public policy processes on the identity and

practice of professional counseling.6. To heighten sensitivity to ethical, legal, and professional issues related to

counseling with persons who may be considered members of diverse populations.

IV: Competencies:

1. Students will gain awareness of the counseling profession and its relationship to ethics and the law including: (a) counselor self-awareness, (b) values in counseling, (c) theoretical orientation, and (d) counselor competence.

2. Students will demonstrate an understanding of the legal and ethical responsibilities of mental health professionals. This will include knowledge of (a) the ACA code of

CNED5373/Higgins/479.575.3329/Fall 2010/1

Ethics and Standards of Practice, (b) ethical codes of divisions of ACA pertinent to group work, school counseling, and career counseling, and (c) ethical codes from related disciplines such as psychology, social work, and marriage and family counseling.

3. Students will demonstrate understanding of the concept of client protection via confidentiality and privileged communications including (a) privileged communications, (b) limits of privilege, and (c) recommendations for practice.

4. Students will examine and understand legal and ethical practice management issues such as professional liability insurance, acting as an employer, and reporting unprofessional conduct.

5. Students will be able to demonstrate appropriate processes for ethical decision-making using decision-making models.

6. Students will have knowledge of ethical concerns and issues surrounding technology in the profession and be able to demonstrate technological competence and computer literacy.

7. Students will examine and understand malpractice and other liability issues relevant to practices a professional counselor

V: Content1. Professional Ethics- ACA Code of Ethics2. Ethical Decision making models3. Values and the helping relationship4. Multicultural Perspectives and Diversity Issues5. Client Rights and Counselor responsibilities6. Confidentiality: Ethical and Legal Issues7. Managing Boundaries and Multiple Relationships8. Professional Competence & Training9. Issues in Supervision and Consultation10. Issues in Theory, Practice, and Research11. Ethical Issues in couples and family work12. Ethical issues in group work & community work

VI. Evaluation

Assignments and corresponding point totals: A total of 450 points are possible

Class Participation [50 points] Mid-Term & Final Exams [100 points each] Value and Boundary Issues Paper [100 points] Case Analysis & Discussion [50 points]

Class Participation (50 points)

All students will be expected to come to class prepared- having read the assigned material and ready to discuss the material in class. While there will be some lecture, this course will be


conducted more along the lines of a seminar course. As such, you are expected to have completed all readings prior to class and to actively engage in class activities and discussion. Both the quality and quantity of your participation will be considered when determining participation points. If you are not willing to become an active participant, you should drop the course. Attendance is expected, unless you have an emergency situation or are really ill.Please also note the following areas that will be considered when determining participation points:

Respect for instructor & respect for fellow students is expected at all times Readings completed before class & prepared to discuss readings Pagers/cell phones/other non-necessary electronic items are turned off Punctuality is expected Assignments are due the day assigned Talking in class (i.e. interrupting or otherwise causing disturbances (i.e. sleeping, note

passing/doing other homework or readings in class- are considered unprofessional and unacceptable

Limited absences unless excused

Value & Boundary Issues in Counseling Paper (100 points)

This paper is to be a minimum of 10 pages and no more than 20 pages. It is to be completed using APA (5th ed.) formatting, be word processed, and is to be handed in at the beginning of class on the assigned date. A 10% penalty will occur for every week that the paper is late.

Note: Written communication is an integral part of a counselor’s position. Therefore, all written assignments will be held to a high standard. If you need assistance with your writing skills, please contact the UA Writing Center (479.575.6747 or [email protected]) as they are extremely helpful! Don’t be afraid-there are very few (insert favorite author)’s out there!!

CONTENT: This paper will involve two main themes-a) a values issue and b) a boundary issue.

Values: In terms of the value element, your task is to examine ways your values might affect your counseling practice. Focus on ways that your values would influence the manner in which you think about ethical issues and how you would resolve an ethical dilemma. Identify some of your core values and show how these values could either enhance or inhibit the effectiveness of counseling. You might also address implications of your values for the informed consent process. Examples: a) How might your values influence your perspective on client rights and your responsibilities as a counselor; b) How might your values influence your decisions with respect to confidentiality concerns?; c) How does the person you are have implications for you as a professional?; d) This is to be a personal reflection and position paper, so explore your values in light of the practical implications for your future counseling practice.

Boundaries: In terms of the boundary issue, address your thoughts on the topic of multiple relationships and multiple responsibilities, with an emphasis on a discussion of boundary concerns you might wrestle with—and how you can take steps toward managing boundaries.


mailto:[email protected]

Show how boundary concerns could apply in the following areas: counseling children & adolescents; supervision; multicultural perspectives; community work; and group counseling.

Case Analysis and Discussion (100 Points)

A. Students will work in groups (3-4 members) to create an ethical or legal dilemma that may arise in a counseling situation. Each team will be assigned a general area of ethics from which to create the scenario. Students will analyze the dilemma using any decision-making model presented in class or the counseling literature. Case analysis should include specification of the (a) the details of how this ethical issue could arise, (b) counseling principles which are applicable, (c) portions of the ACA Code of Ethics and Standards of Practice which are applicable, (d) decision-making model used, and (e) appropriate alternative options for resolution.

B. Groups must submit a paper, in APA format, describing the case and including information on all of the specifications listed above. Each member of the team will receive the same number of points for completing this assignment. TOPIC MUST BE SUBMITTED TO INSTRUCTOR FOR APPROVAL BEFORE BEGINNING ON ANALYSIS.

C. Class discussion on Ethical Case-Groups will lead a class discussion, including information sharing and class interaction, of the ethical dilemma derived from the assignment above. Discussion leaders will present information on their case analysis and lead a discussion on (a) possible ramifications of the dilemma, (b) specific portions of the ACA Code of Ethics and Standards of Practice which are applicable, and (c) alternative responses. Please have fun with this assignment- you can do something more creative as your class presentation also. An example will be shown in class. Each member is expected to contribute equally. Group partners will have an opportunity to give feedback on one another’s contribution and work. Grades will be given separately based on each student’s work on the project.

Mid-Term & Final Exam (100 points each)

Exams may include objective questions, T/F, short answer, essay and application questions and/or role plays.

VII. Syllabus Change

Note: This syllabus is subject to change based on revisions to appropriate accreditation standards and counselor education program manuals. If changes are made, advance notification will be given to the class.


VIII. Grading Scale (by %): A 100-90B 89-80C 79-70D 69-60 F Below 60

IX. Academic Honesty Policy:

Academic dishonesty involves acts, which may subvert or compromise the integrity of the educational process at the University of Arkansas. Included is an act by which a student gains or attempts to gain an academic advantage for himself or herself or another by misrepresenting his or her or another's work or by interfering with the completion, submission, or evaluation of work.

The application of the University of Arkansas Academic Honesty Code, as stated in the Student Handbook, will be fully adhered to in this course. Suspected plagiarism or other forms of academic dishonesty will be immediately referred to the Office of Judicial Affairs for an investigation, hearing, and decision. Grades and degrees earned by dishonest means devalue those earned by all students. Academic dishonesty involves acts, which may subvert or compromise the integrity of the educational process. This includes using all or part of an assignment/project/etc. from one class for another class without the prior consent of both instructors.

X. Accommodations:

Interactive Process for Reasonable Accommodation:

It is the student’s responsibility to request accommodations each term. To request academic accommodations, students are required to complete a series of steps, before or at the beginning of each term. Students with disabilities requesting reasonable accommodations must first register with the Center for Educational Access. The CEA is located in the Arkansas Union, room 104, and on the web at: http://www.uark.edu/ua/csd/application.htm. Students registered with the CEA may request accommodations at any point during the term, but accommodations are only granted from the date faculty are notified by the student with an official Accommodation letter from the CEA. For instance, a student may take the first exam in a particular class without using accommodations for which the student is eligible. The student may decide to activate accommodations for the second exam. Thus, the student would receive accommodations from the second exam forward. Furthermore, students have an obligation to inform the University in a timely manner of accommodation request. A typical time frame for arranging reasonable accommodations for students who are registered with the CEA is approximately one to two weeks.

Students who fail to give sufficient notice of accommodation requests may not receive


http://www.uark.edu/ua/csd/application.htm

accommodations.

Student obligations with accommodations requests are as follows:

1. Meet with a CEA staff member to discuss accommodations requests.2. Complete an Accommodation Request Form.3. CEA will prepare an Accommodation Letter to the instructor of each course for which

accommodations are requested.4. Deliver an Accommodation Letter to the instructor of each course for which

accommodations are requested.5. Discuss how accommodations will be implemented with the instructor of the course.

CEA is available to offer suggestions to the student and faculty member.6. Remind the instructor of exam accommodations at least one week before scheduled

exams.7. Report any problems with accommodations implementation to the CEA.

Students are required to deliver and discuss Accommodation letters with faculty before accommodations will be implemented. Instructors are not obligated to provide accommodations until such time they are notified by official hand delivered letters to do so. Also, accommodations are not retroactive. In other words, faculty are not obligated to accommodate prior exams, assignments, or any course related activity before an Accommodation Letter is delivered and discussed.

Students are entitled to appeal accommodations decisions of CEA, Faculty or other University entities. Please refer to 504/ADA Grievance Process for Students.

XI. Classroom Behavior:

The counseling program is charged with the dual task of nurturing the development of counselors-in-training and ensuring quality client care. In order to fulfill these dual responsibilities faculty must evaluate students based on their academic, professional, and personal qualities. A student's progress in the program may be interrupted for failure to comply with academic standards or if a student's interpersonal or emotional status interferes with being able to provide ethical services to clients. For example, in order to ensure proper training and client care, a counselor-in-training must abide by relevant ethical codes and demonstrate professional knowledge, technical and interpersonal skills, professional attitudes, and professional character. These factors are evaluated based on one's academic performance and one's ability to convey warmth, genuineness, respect, and empathy in interactions with clients, classmates, staff, and faculty. Students should demonstrate the ability to accept and integrate feedback, be aware of their impact on others, and accept personal responsibility, and be able to express feelings effectively and appropriately. Any student deemed by the instructor to be exhibiting inappropriate, disruptive or offensive behavior (inappropriate language and gestures, class disruptions, disrespect to other students or instructor) during class will be dismissed immediately from class and may not return until remediation has been completed. The student may also face disciplinary action as per the student handbook.


XII. Inclement Weather

Inclement Weather Policy: In the event of inclement weather (snow, ice, hail, torrential rains, lightening, tornado, etc), check your e-mail and my voice mail for individual class instruction. Class is automatically canceled when UA is closed. Please use common sense and good judgment all other times.The university's primary means for communicating emergency information to students, faculty and staff - including information on weather-related delays, closure of non-essential offices and cancellation of classes - is the RazALERT, a multi-modal emergency notification system. All students, faculty and staff are automatically enrolled in RazALERT, which will issue alerts via web, email and voice mail, and also via SMS text messages to those who provide mobile phone numbers.RazALERT information hotline: individuals may call 479-587-8820 for recorded announcements about the university's operating status; university home page: in the event inclement weather affects the university's operating status, a graphic link to detailed information and policies will be placed prominently on the university's home page; university switchboard: the switchboard, at 575-2000, provides information about the university's operating status when inclement weather strikes; this number often may be busy due to volume;

XIII. Course ResourcesMullins Library World Wide Web Class DiscussionJournals CNED Lab VideoInternet Textbooks/handouts Class lecture

XIV. Research Base

Required Texts

American Counseling Association. (2005). ACA code of ethics. Alexandria, VA: Author. www.counseling.org

American Psychological Association. (2010). Publication manual of the American Psychological Association (6th ed.). Washington, DC: Author. www.apa.org

Corey, G., Corey, M. S., & Callanan, P. (2011). Issues and ethics in the helping professions (8th Ed.). United States: Thomson Brooks/Cole.

Recommended texts

Cottone, R. & Tarvydas, V. (2003). Ethical and professional issues in counseling (2nd ed.). Upper Saddle River, NJ: Pearson Education Inc.


Malley, P., & Reilly, E. (1999). Legal and ethical dimensions for mental health professionals. Philadelphia, PA: Taylor & Francis.

Welfel, E. R. (2002). Ethics in counseling and psychotherapy: Standards, research, and emerging issues. Pacific Grove, CA: Brooks/Cole.

Bibliography:

Applebaum, P., & Rosenbaum, A. (1989). Tarasoff and the researcher: Does the duty to protect apply in the research setting? American Psychologist, 44 (6), 885-894.

Armsworth, M. (1990). A qualitative analysis of adult incest survivors' responses to sexual involvement with therapists. Child Abuse and Neglect, 14, 541-554.

Betan, E., & Stanton, A. (1999). Fostering ethical willingness: Integrating emotional and conceptual awareness with rational analysis. Professional Psychology: Research and Practice, 30 (3), 295-301.

Biaggio, M., Paget, T., & Chenoweth, M. (1997). A model for ethical management of faculty-student dual relationships. Professional Psychology: Research and Practice, 28 (2), 184-189.

Cohen, E. (1990). Confidentiality, counseling, and clients who have AIDS: Ethical foundations of a model rule. Journal of Counseling and Development, 68, 282-286.

Fisher, J. M., & Chambers, E. (2003). Multicultural counseling ethics and assessment competencies: Directions for counselor education programs. Journal of Applied Rehabilitation, 34, 17-21.

Freeman, S. J., & Francis, P. C. (2006). Casuistry: A complement to principle ethics and a foundation for ethical decisions. Counseling and Values, 50(2), 142-153.

Gibson, W., & Pope, K. (1993). The ethics of counseling: A national survey of certified counselors. Journal of Counseling and Development, 71, 330-336.

Gilbert, S. (1992). Ethical issue in the treatment of severe psychopathology in university and college counseling centers. Journal of Counseling and Development, 70, 695-703.

Goh, M. (2005). Cultural competence and master therapists: An inextricable relationship. Journal of Mental Health Counseling, 27, 71-81.

Goodyear, R., & Shumate, J. (1996). Perceived effects of therapist self-disclosure of attraction to clients. Professional Psychology: Research and Practice, 27 (6), 613-616.

Haas, L., Benedict, J., & Kobos, J. (1996). Psychotherapy by telephone: Risks and benefits for psychologists and consumers. Professional Psychology: Research and Practice, 27 (2), 154-160.

Hammond, L., & Gantt, L. (1998). Using art in counseling: Ethical considerations. Journal of Counseling and Development, 76, 271-276.


Jennings, L., Sovereign, A., Bottorff, N., Mussell, M. P., & Vye, C. (2005). Nine ethical values of master therapists. Journal of Mental Health Counseling, 27, 32-47.

Kitchener, K. (1984). Intuition, critical evaluation, and ethical principles: The foundations for ethical decisions in counseling psychology. The Counseling Psychologist, 12 (3), 43-55.

Kitchener, K. (1991). The foundations of ethical practice. Journal of Mental Health Counseling, 13 (2), 236-246.

McLaurin, S. L., & Ricci, R. J. (2003). Ethical issues and at-risk behaviors in marriage and family therapy: A qualitative study of awareness. Contemporary Family Therapy: An International Journal, 25, 453-466.

Monahan, J. (1993). Limiting exposure to Tarasoff liability: Guidelines for risk containment. American Psychologist, 48 (3), 242-250.

Murphy, M., DeBernardo, C., & Shoemaker, W. (1998). Impact of managed care on independent practice and professional ethics: A survey of independent practitioners. Professional Psychology: Research and Practice, 29 (1), 43-51.

Remley, T. P. (2004). Suicide and the law. In D. Capuzzi (Ed.), Suicide across the life span: Implications for counselors (pp. 185-208). Alexandria, VA: American Counseling Association.

Sampson, J., Kolodinsky, R., & Greeno, B. (1997). Counseling on the information highway: Future possibilities and potential problems. Journal of Counseling and Development, 75, 203-212.

Sherman, M., & Thelen, M. (1998). Distress and professional impairment among psychologists in clinical practice. Professional Psychology: Research and Practice, 29 (1), 79-85.

Sue, S. (1998). In search of cultural competence in psychotherapy and counseling. American Psychologist, 53 (4), 440-448.

Sweeney, T. (1995). Specialization and professionalization: A look at the issues. Accreditation, credentialing, professionalization: The role of specialties. Journal of Counseling and Development, 74, 117-125.

Woody, J. (1990). Resolving ethical concerns in clinical practice: Toward a pragmatic model. Journal of Marital and Family Therapy, 16 (2), 133-150.

Wissow, L. (2005). Does the journal need a special policy for ethical aspects of research in professional education? Patient Education and Counseling, 56, 1-2.


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CNED 5373 - Counselor Education :: College of Education and Health