Ch 3 (Ethical & Legal Issues) Flashcards
What are the foundational principles of the ACA code of ethics?
Autonomy, beneficence, non-maleficence, fidelity, justice and veracity
What is the difference between laws, ethics and morals?
Laws have the highest sanctions and are required to be followed by everyone by the government, ethics are standards of conduct mandated by professional organizations and result in loss of credentials or employment, and morals are personal judgments of right and wrong based on cultural norms and values
What are the topics the ACA Code of Ethics covers?
- The counseling relationship
- Confidentiality & privacy
- Professional responsibility
- Relationships w/ other professionals
- Evaluation, assessment & interpretation
- Supervision, training & teaching
- Research & publication
- Distance counseling, technology &social media
- Resolving ethical issues
What are the topics the ASCA Code of Ethics covers?
- Responsibilities to students
- Responsibilities to parents’guardians
- Responsibilities to colleagues & professional associates
- Responsibilities to school, communities & families
- Responsibilities to self
- Responsibilities to profession
- Maintenance of standards
What are the steps to Forester-Miller & Davis’s ethical decision making model?
- Identify problem
- apply ACA code of ethics
- Determine nature and dimensions of dilemma
- Generate potential courses of action
- Consider consequences of these actions, choose 1
- Evaluate selected action
- Implement course of action
What are the three elements to consider when evaluating an ethical decision according to Forester-Miller & Davis’s ethical decision making model?
- Justice (would I choose this for all clients)
- Universality (would I recommend this to another counselor with the same problem)
- Publicity (how would I feel if the general public knew of my decision)
What are the components of the ABCDE ethical decision making model?
Assessment Benefit Consequence/Consultation Duty Education
What does professional competence constitute?
- Professional growth/development & research
- Maintain accurate knowledge & expertise in areas of responsibility
- Accurately represent credentials
- Provide services only in qualified and trained areas
Civil Liability
Not exercising due care and committing a wrong against an individual client (ex: sexual misconduct with a client)
Negligence
A wrong resulted in injury or damage (ex: failure to report child abuse)
Malpractice
Professional misconduct in skills/performance (ex: practicing outside of your skill level/competence)
What are the requirements to prove malpractice was committed?
- duty was owed to client by counselor
- counselor breached duty
- causal link between breach & clients injury
- client suffered damage or injury
Subpoena vs court order
Subpoenas do not require automatic compliance and generally come from a lawyer. Court orders come from judges and permit but do not mandate release of confidential info. If both are received, info must be released (but only what is require)
What should you do if you receive a subpoena or court order?
Contact a lawyer
What is the difference between consent and assent?
Consent is a legal agreement and assent is agreement. For minors, you should always get their assent to treatment or releases of information even if you have already received parental consent
Confidentiality
Ethical AND legal obligation to keep information private
Limits to confidentiality
- duty to warn (danger to self or others)
- subordinates (employees handling records)
- interdisciplinary teams
- consultation
- groups and families
- 3rd party payers/managed care
- minors
- contagious/life threatening diseases (only if there is a high risk client will not tell someone who has a likelihood of contracting it from them)
- court orders
Privileged Communication
Legal right that belongs to the client (client can waive it if desired). Not all states have it
Minor Consent Laws
Many states allow minors under 18 to seek treatment without parental consent
FERPA
Family Educational Rights and Privacy Act
-annually notify parents of right to view record, extends to non-minor dependents (on IRS forms)
PPRA/Hatch Ammendment
K-12 schools, requires consent for testing & programs
What is the function of Personal Notes?
Must remain separate from educational record and remain with the “maker” and are not to be shared. Their purpose is to jog your memory of sessions
HIPAA
Health Insurance Portability and Accountability Act
-keeps clients’ information private, extends to transmission of information via internet as well
Mandated reporter
Required by law to report suspicions of child, elder or vulnerable population abuse and there is no liability for confidentiality breeches
What are mandatory vs aspirational ethics
Mandatory are the minimum level of professional practice, aspirational is a higher level of ethical practice
What is the power differential in a counseling relationship?
Counselor always has more power (but cultural aspects affect this as well)
How can you mitigate the power differential in the counseling relationship?
-Be aware and open about cultural issues (ex: bring up gender power differentials in session)
Referrals should be based on _____ not _____
Competency; values
What should you consider in dual relationships?
- Whose needs are being met
- Client’s well-being
What are some ways to maintain professional responsibility?
-avoid providing services under personal impairment
-evidence based practices
accurately advertise skills & knowledge
What are the boundaries of competence?
education, training, supervised experience, professional credentials, & professional experience
What are ethical considerations for evaluation, assessment, & interpretation?
- cultural, social & personal factors
- social & historical prejudices in pathologizing or misdiagnosing cultural differences
- competence and training
