© 2011 Brooks/Cole, A Division of Cengage Learning Chapter 4 Legal and Ethical Considerations for...

© 2011 Brooks/Cole, A Division of Cengage Learning

Chapter 4

Legal and Ethical Considerations for

Counselors May you live your life as if the maxim of your actions were to become universal law.

Immanuel Kant


Chapter Objectives

After reading this chapter you should be able to:•Define ethical, professional, and legal issues in counseling

•Discuss principle and virtue ethics

•Explain competence, consent, confidentiality, privileged communication, and child abuse reporting

•Use an ethical decision-making model


Definitions - Ethics

• 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

• Technical, procedural, or cultural standards that members of the profession are expected to accept as part of their practice


Definitions - Legal Issues

• 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

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

• 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

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

• 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

• 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


Decision Making Model

Assess options Ethical theories and principles Laws and policies Values Information StandardsBe mindful of processConsultDocumentEvaluate


Important Guidelines

• 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

Involves balancing three social systems:

1. The state

2. The parent or family

3. The minor child


Children in counseling have the right:

• To be respected and told the truth• To know about the evaluation process, rationale,

and results • To be told about the interventions • To receive information about confidentiality and

its limits• To be involved in decision making and goal

setting• To control the release of their personal

information• To be released from treatment if unsuccessful• Not to be the scapegoat in a dysfunctional family


Parents’ rights and responsibilities include:

• Providing for the child’s welfare

• Having access to information that pertains to the child’s welfare

• Seeking treatment for their child

• Participating in therapy decisions and goal setting for their child

• Giving permission for treatments

• Releasing confidential information about their child


Competence

• 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

• 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

• 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

• Privileged communication exists by statue and applies only to those testifying in court of law


Privacy and Children

• 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

• Explain during first and subsequent interviews about confidentiality and its limits

• Should be done orally and in writing

• Limits includeo professional in court-ordered roleo court mandated release of fileso malpractice lawsuito mental state used as defense in courto hospitalization is necessaryo client is danger to self or otherso client is minor and victim of a crime


Confidentiality of Files

Buckley Amendment grants parents and students of legal age access to their records and limits others’ access.

Exclusions are• personal logs• treatment records• directory information


Summary

• practice within your boundaries

• know state laws

• always explain confidentiality

• maintain accurate/objective records

• purchase liability insurance

• confer with colleagues

© 2011 Brooks/Cole, A Division of Cengage Learning Chapter 4 Legal and Ethical Considerations for...

Documents

Transcript of © 2011 Brooks/Cole, A Division of Cengage Learning Chapter 4 Legal and Ethical Considerations for...