Ethical And Legal Considerations Ethical Issues  Ethical codes are not set in stone. They serve as principles upon which to guide practice.  There are two dimensions to ethical decision making: Principle ethics: Overt ethical obligations that must be addressed. Virtue ethics: Above and beyond the obligatory ethics and are idealistic. “Copyright © Allyn & Bacon 2004”

Ethical And Legal Considerations Ethical Issues  Ethical codes and standards of practice for counselors have been formulated by the American Counseling Association (ACA) and the American Psychological Association (APA).  Ethical codes are guidelines for what counselors can and cannot do.  Each counseling situation is unique and sometimes the counselor must interpret the code. “Copyright © Allyn & Bacon 2004”

Ethical And Legal Considerations Ethical Issues That Influence Clinical Practice  Client Welfare: Client needs come before counselor needs and the counselor needs to act in the client’s best interest.  Informed Consent: Counselors need to inform clients as to the nature of counseling and answer questions so that the client can make an informed decision.  Confidentiality: Clients must be able to feel safe within the therapeutic relationship for counseling to be most effective. What the client says stays in the session unless the client is threatening harm to self or others. “Copyright © Allyn & Bacon 2004”

Ethical And Legal Considerations Ethical Issues That Influence Clinical Practice  Dual Relationships: When a counselor has more than one relationship with a client (e.g. The counselor is a friend and the counselor.)  Sexual Relationships: Professional organizations strongly prohibit sexual relationships with clients and in some states it is a criminal offense. “Copyright © Allyn & Bacon 2004”

Ethical And Legal Considerations When To Break Confidentiality  Tarasoff vs. Board of Regents of the University of California: A landmark case with the end result being that counselors have a “duty to warn” if a client threatens another person’s life or with significant bodily harm.  When a child under the age of 16 is being sexually abused.  If the counselor determines the client needs hospitalization.  If the information is involved in a court action. “Copyright © Allyn & Bacon 2004”

Ethical And Legal Considerations Privileged Communication  It is legal protection of the client which prevents a counselor from disclosing what was said within the counseling session(s).  This right belongs to the client and not the counselor.  Laws concerning privileged communication vary from state to state. “Copyright © Allyn & Bacon 2004”

Ethical And Legal Considerations Privileged Communication Doesn’t Apply  When a counselor is performing a court ordered evaluation.  When the client is suicidal.  When the client sues the counselor.  When the client uses a mental disorder as a legal defense.  When an underage child is being abused.  When a client discloses an intent to commit a crime or is dangerous to others.  When a client needs hospitalization. “Copyright © Allyn & Bacon 2004”

Ethical And Legal Considerations Legal Issues and Managed Care  Counselors have the duty to appeal adverse decisions regarding their client(s).  Counselors have a duty to disclose to clients regarding the limitations of managed care and the limits of confidentiality under managed care.  Counselors have a duty to continue treatment and are not supposed to “abandon” a client just because the client does not have the financial means to pay for services. “Copyright © Allyn & Bacon 2004”

Ethical And Legal Considerations Malpractice  When a counselor fails to provide reasonable care or skill that is generally provided by other professionals and it results in injury to the client.  Four conditions must exist: –The counselor has a duty to the client. –The duty of care was not met. –The client was injured in the process. –There was a close causal relationship between the counselor’s failure to provide reasonable care and the client’s injury. “Copyright © Allyn & Bacon 2004”

Ethical And Legal Considerations Suggestions on Avoiding Malpractice Precounseling: Make sure to cover all information regarding:  The financial costs of counseling.  Any special arrangements.  The competencies of the counselor.  Avoid dual relationships.  Clearly indicate if a treatment is experimental.  Identify limits to confidentiality.  Help the client make an informed choice. “Copyright © Allyn & Bacon 2004”

Ethical And Legal Considerations Suggestions on Avoiding Malpractice (continued) Ongoing Counseling:  Maintain confidentiality.  Seek consultations when necessary.  Maintain good client records.  Take proper action when a client poses a clear and imminent danger to themselves or others.  Comply with the laws regarding child abuse and neglect. “Copyright © Allyn & Bacon 2004”

Ethical And Legal Considerations Suggestions on Avoiding Malpractice (continued) Termination of Counseling:  Be sensitive to the client’s feelings regarding termination.  Initiate termination when the client is not benefiting from services.  Address the client's post-terminations concerns.  Evaluate the efficacy of the counseling services. “Copyright © Allyn & Bacon 2004”

Ethical And Legal Considerations An Ethical-Legal Decision Making Model  Determine if an ethical-legal issue needs to be addressed.  Address contextual issues such as culture and personal bias.  Formulate an ethical-legal course of action.  Implement an action plan. “Copyright © Allyn & Bacon 2004”

Ethical And Legal Considerations Counselor Competence  Counselors need to accurately represent their credentials and qualifications.  Counselors need to continue their education.  Counselors need to only provide services for which they are qualified.  Counselors need to keep up on current information of the field and especially in specialty areas.  Counselors need to seek counseling when they have personal issues. “Copyright © Allyn & Bacon 2004”