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Ethical and Legal Considerations in Counseling

Case Example

Ethical Decision Making

Jason, a newly licensed counselor working in a Community Mental Health Center, works with UK-born mother of one Juliet, who has come to counseling without her American husband to figure out how to leave her husband. She reports domestic violence and that her husband will not let her and her 3-year-old daughter move back to the UK. Juliet has been talking with Jason for awhile about feeling homesick and missing her family in England. As it is apparent from many signs and symptoms that Juliet is telling the truth related to domestic violence, Jason, as a counselor, advises her to leave her husband, and return to her home country with her 3-year-old daughter for safety reasons.

Counseling demands the highest level of performance.

2014 ACA Code of Ethics

1. Identify the problem

2. Apply the ACA Code of Ethics

3. Determine the nature and dimensions of the dilemma

4. Generate potential courses of action

5. Consider the potential consequences of all options, choose a course of action

6. Evaluate the selected course of action

7. Implement the course of action

Daily Decisions

Clients Rights and Welfare

Things to keep in mind!

https://sakai.antioch.edu/access/content/group/6a0710c6-419b-4ba0-9411-ead41ca2f987/2014%20Code%20of%20Ethics.indd.pdf

counseling.org

  • Collaborative consultation is a key component of most ethical decision making models.
  • 3 codes-- ethical dilemma
  • Confidentiality/Informed Consent
  • HIPAA
  • Health Insurance Portability and Accountability Act of 1996
  • "Privacy Rule"
  • Use and disclosure of client Protected Health Information (PHI)

(Forrester-Miller & Davis, 2000)

"My client seems in crisis - should I let the session run overtime?"

"What should I say to my best friend who wants me to see his young daughter in psychotherapy?"

"Is it a good idea for me to waive the fee for a proud client who desperately needs therapy, lost her job, and is unable to find other work?"

"Should I attend my clients wedding and bring a gift?"

"I realize I know the sister of my client, should I continue our session?"

THERE ARE EXCEPTIONS!!!

Six Moral Principles

  • Protect vulnerable clients from future harm of continued abuse or neglect
  • Minors, elders
  • Client present with a serious and foreseeable harm to self or others
  • Client needs immediate hospitalization
  • Client introduce mental condition as element in court case

Fundamental principles of ethical professional behavior

(Corey & Corey & Callanan, ACA 2014, preamble)

Your thoughts?

"Do No Harm"

Final thoughts or questions?

Byrd, Ethics and professional issues, AUS, 215).

  • Basic Concepts
  • Mandatory Ethics
  • Ex: Providing for informed consent in professional relationships.
  • Aspirational Ethics
  • Ex: Providing services pro bono for those in the community who cannot afford needed services.

1. Autonomy- Client right to choose

2. Non-malfeasance- Client right for respect

Professional ethical standards are increasingly reflecting the importance of multiculturalism and social justice.

3. Beneficence- Client right for dignity and promotion of welfare

Two important elements of aspirational ethics are...

  • Virtue Ethics
  • AM I DOING WHAT IS BEST FOR THE CLIENT?
  • Principle Ethics
  • IS IT UNETHICAL?

4. Justice- Client right for respect and acceptance

(Capuzzi & Gross, Ethical and legal considerations in counseling, 2013)

5. Fidelity- Client right to know

6. Veracity- Client right to trust for honest disclosure

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