THOMPSON & HENDERSON (2011): CHAPTER 4 Legal and Ethical Considerations for Counselors.
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Transcript of THOMPSON & HENDERSON (2011): CHAPTER 4 Legal and Ethical Considerations for Counselors.
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 codefocus on “character” ethicsRelate 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 sensitivityIdentify 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 maliceBe 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 state2. The parent or family3. 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 voluntarilyUsually parent or guardian must provide
permissionWritten 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 writingLimits 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 boundariesknow state lawsalways explain confidentialitymaintain accurate/objective recordspurchase liability insuranceconfer with colleagues