1. Introduction to Counseling Ethics

2. PROFESSOR: Verlene Springer, Ph.D. Licensed Professional Counselor Licensed Marriage and Family Therapist Licensed Chemical Dependency Counselor Texas Teaching Certificate Texas School Counseling Certificate

3. TERMS  Law  Morals  Ethics  Best Practice

4. ETHICS Ethics are principles that guide individual behavior Professional Ethics (Codes of Ethics) are guidelines established by fellow professionals that guide the behavior of counselors to ensure the safety of both the client and the counselor

5. ETHICAL DILEMMA A situation in which there is:  no clear-cut answer or solution  no absolute right or wrong  problems exist with all “solutions”  lots of “gray” area

6. FACING ETHICAL DILEMMAS o Know the Codes of Ethics of our Profession o Know the laws (statutes) that pertain to counseling our clients Federal State Local o Follow professional guidelines: “standard of care” “What care would be considered appropriate by professionals in a similar situation” “reasonable professional” “What would the reasonable professional do given the same situation” o Consult, Consult, Consult

7. WHEN PROFESSIONAL ETHICS AND LAWS CONFLICT

8. Can you think of a situation when this might happen?

9. WHEN PROFESSIONAL ETHICS AND LAWS CONFLICT Can you think of a situation when this might happen?  Working with minors

10. WHEN ETHICS AND LAW CONFLICT Can you think of a situation when this might happen?  Working with minors  Limits of Confidentiality

11. WHEN ETHICS AND LAW CONFLICT Can you think of a situation when this might happen?  Working with minors  Limits of Confidentiality  Confidentiality (Ethical) vs Privileged Communication (Legal)

12. LIMITS OF CONFIDENTIALITY There are some exceptions (limits) to this rule of confidentiality.  When the counselor suspects child abuse or endangerment.  If there is a statement regarding elder abuse.  An immediate threat of harm to self or other.  Upon valid court orders  Upon written, signed request of the client to release the records Under these circumstances, the counselor should let the client know that this information is going to be disclosed and to whom it is being disclosed. The client can also be reminded that these exceptions to confidentiality had been explained to the client prior to beginning counseling and that the client had agreed to these limits.

13. CONFIDENTIALITY (TO CLIENT) The limits to confidentiality include: 1) if you present as a danger to yourself, or others. 2) if child or elder abuse is suspected or disclosed. 3) if ordered by a court of law, confidential information about you may be released. This would happen if you become involved in some type of legal matter. 4) if you give expressed, written consent to share information about yourself.

14. ETHICAL TIPS FOR COUNSELORS 1. Act in the best interests of the clients (student clients) at all times. Act in good faith and in the absence of malice.

15. ETHICAL TIPS FOR COUNSELORS 2. Inform clients (student clients) of possible limitations on the counseling relationship prior to the beginning of the relationship. This includes: Informed Consent Limits to Confidentiality

16. ETHICAL TIPS FOR COUNSELORS 3. Increase awareness of personal values, attitudes and beliefs; refer when personal characteristics hinder effectiveness.

17. VALUES OF THE COUNSELOR Unconditional positive regard, a basic ethical tenet of the counseling profession, has never been or ever will be about affirming or condemning behavior; rather, it is about counseling in a nonjudgmental way and accepting the person if not the behavior. Counseling is about providing clients with a safe place to explore their needs without fear of rejection. There are many clients whose behavior counselors cannot affirm or condone, but we give all our student/clients unconditional positive regard as directed by our ethical codes: (Affirm the client, not the behavior, if not, refer. “Each person has the right to be respected, be treated with dignity and have access to a comprehensive school counseling program that advocates for and affirms all students from diverse populations including: ethnic/racial identity, age, economic status, abilities/disabilities, language, immigration status, sexual orientation, gender, gender identity/expression, family type, religious/spiritual identity and appearance” (ASCA Preamble).

18. ETHICAL TIPS FOR COUNSELORS 4. Actively attempt to understand the diverse cultural backgrounds of the clients with whom you work, including your own cultural/ethnic/racial identity and its impact on your values and beliefs about the counseling process.

19. ETHICAL TIPS FOR COUNSELORS 5. Function within the boundaries of personal competence. Be aware of personal skill levels and limitations.

20. ETHICAL TIPS FOR COUNSELORS 6. Be able to fully explain why you do what you do. A theoretical rationale should undergird counseling strategies and interventions.

21. ETHICAL TIPS FOR COUNSELORS 7. Encourage family involvement, where possible, when working with minors in sensitive areas that might be controversial.

22. ETHICAL TIPS FOR COUNSELORS 8. Follow written job descriptions. Be sure what you are doing is defined as an appropriate function in your work setting.

23. ETHICAL TIPS FOR COUNSELORS 9. Read and adhere to the ethical standards of your profession. Keep copies of the ASCA Ethical Standards for School Counselors; LPC Code of Ethics for Professional Counselors on hand, review them periodically and act accordingly.ASCA Ethical Standards for School Counselors

24. ETHICAL TIPS FOR COUNSELORS 10. Consult with other professionals (colleagues, supervisors, counselor educators, professional association ethics committee, etc.) Have a readily accessible support network of professionals.

25. ETHICAL TIPS FOR COUNSELORS 11. Join appropriate professional associations. Read association publications and participate in professional development opportunities.

26. ETHICAL TIPS FOR COUNSELORS 12. Stay up-to-date with laws and current court rulings, particularly those pertaining to counseling with minors.

27. ETHICAL TIPS FOR COUNSELORS 13. Consult with a knowledgeable attorney, when necessary. In questionable cases, seek legal advice prior to initiating action.

28. CODES OF ETHICS American Counseling Association Code of Ethics American School Counselors Association Code of Ethics Licensed Professional Counselors Code of Ethics Licensed Marriage and Family Therapists Code of Ethics Etc.

29. CODES OF ETHICS Mandatory Ethics Follows minimum standards of ethical codes Aspirational Ethics Follows the spirit behind the ethical codes

30. PRINCIPLES OF ETHICAL CODES Principles necessary for ethical conduct in the field of counseling  Autonomy  Foster client self-reliance and self-determination  Nonmaleficence  To do no harm  Beneficence  Work to promote mental health and wellness in clients  Justice  Equality and equitable treatment of all clients  Fidelity  Fulfilling a responsibility of trust in the counseling relationship

31. COUNSELING SPECIALIZATIONS Clinical Mental Health Counselor School Counseling Rehabilitation Counseling College Admissions Counseling College Counseling (Clinic/Advising)

32. PROFESSIONAL ORGANIZATIONS American Counseling Association (ACA) American School Counseling Association (ASCA) American Mental Health Counselors Association (AMHCA) American Association of Marriage and Family Therapists (AAMFT) Texas Counseling Association (TCA) Texas Marriage & Family Therapists (TMFT)

33. OTHER MENTAL HEALTH SPECIALIZATIONS PsychiatristsPsychologists Social Workers Psychiatric Nurses

34. PROFESSIONAL IDENTITY OF COUNSELORS Philosophy Underlying the Profession of Counseling The Wellness Model A Developmental Perspective Prevention and Early Intervention Empowerment of Clients

35. EVOLUTION OF THE COUNSELING PROFESSION Origins Counseling Psychology School Counseling Vocational Rehabilitation Counseling Counseling as a New Profession Steps in Becoming a Profession Progress Toward Professionalism

36. LEGAL AND POLITICAL ISSUES FOR COUNSELORS  Specialties vs. One United Profession  Organizational Structure of ACA  Varying State Licensure and Certification Requirements  Challenges to the Scope and Practice of Counselors  Testing  Diagnosis and Treatment of Mental and Emotional Disorders  Job Classifications for Counselors  Third-Party Reimbursement

37. STEPS IN ETHICAL DECISION MAKING (Refer to the respective textbook) Know the steps to Ethical Decision Making Use these when facing an ethical dilemma

38. IMPORTANT WEBSITES AND REFERENCES For School Counselors For School Counselors ASCA Website http://schoolcounselor.org/ Copy ASCA ethical guidelines http://www.schoolcounselor.org/files/EthicalStandards2010.pdf Texas Education Code (Review relevant sections) http://portals.tea.state.tx.us/page.aspx?id=920&bc=506 Texas Family Code (Relevant Sections) http://www.statutes.legis.state.tx.us/?link=FA HIPPA, FERPA, IDEA, and other federal guidelines

39. IMPORTANT WEBSITES AND REFERENCES For Professional Counselors Licensed Professional Counselor Website http://www.dshs.state.tx.us/counselor/default.shtm Copy: The LPC Code (Rules and Regulations) http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=4&ti=22&pt=30 &ch=681 (Chapters A, B, C) http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=4&ti=22&pt=30 &ch=681 Sections of Health and Safety Code (611), http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.611.htm Texas Family Code (review appropriate sections referenced in LPC Code) http://www.statutes.legis.state.tx.us/?link=FA HIPPA, etc. that are referenced in the LPC Code for use during class discussion and when working with cases in class. http://www.dshs.state.tx.us/hipaa/webmessage.shtm This “copy” may be a hard copy in a notebook or on your computer or notebook. The point is to become very familiar with this document and to have this available to look up information in class or when working on assignments.