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 Copyright 2007 Brooks/Cole, a division of Thomson Learning Technical, procedural, or cultural standards that members of the profession are expected to accept as part of their practice

Definitions - Legal Issues Copyright 2007 Brooks/Cole, a division of Thomson Learning 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 Copyright 2007 Brooks/Cole, a division of Thomson Learning Meara, Schmidt, and Day (1996) everything one needs to know can not be in the code focus on “character” ethics Relate to exceeding the obligations and striving for the ideals of the profession

Virtues Copyright 2007 Brooks/Cole, a division of Thomson Learning 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 Copyright 2007 Brooks/Cole, a division of Thomson Learning 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 Copyright 2007 Brooks/Cole, a division of Thomson Learning Develop ethical sensitivity Identify 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 Copyright 2007 Brooks/Cole, a division of Thomson Learning 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 Copyright 2007 Brooks/Cole, a division of Thomson Learning Always act in the best interest of the client. Always act in good faith and without malice Be 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 Copyright 2007 Brooks/Cole, a division of Thomson Learning Involves balancing three social systems: 1. The state 2. The parent or family 3. The minor child

Competence Copyright 2007 Brooks/Cole, a division of Thomson Learning 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 Copyright 2007 Brooks/Cole, a division of Thomson Learning 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 voluntarily Usually parent or guardian must provide permission Written statements such as a disclosure letter or brochure are suggested

Confidentiality Copyright 2007 Brooks/Cole, a division of Thomson Learning 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 Copyright 2007 Brooks/Cole, a division of Thomson Learning 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 Copyright 2007 Brooks/Cole, a division of Thomson Learning Explain during first and subsequent interviews about confidentiality and its limits Should be done orally and in writing Limits 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 Copyright 2007 Brooks/Cole, a division of Thomson Learning 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 Copyright 2007 Brooks/Cole, a division of Thomson Learning practice within your boundaries know state laws always explain confidentiality maintain accurate/objective records purchase liability insurance confer with colleagues