Ch 5 legal and ethical issues in clinical setting Flashcards
the code you adhere depends on
the type of license and the state which it is held at
six core principles of the ACA code of ethics
autonomy
nonmaleficence
beneficence
justice
fidelity
veracity
autonomy
based on ones basic right to control the direction of ones life and counselor must both respect and support this
nonmaleficence
speaks to the counselors responsibility to avoid harming the client in any way
beneficence
based on the counselors responsibility to work for the good of the individual and society by promoting mental health and well-being
justice
involves engaging clients equitably and fostering fairness and equality
fidelity
relates to the counselors responsibility to be true to our word, uphold our commitments and promises, and be trustworthy in our actions
veracity
requires that professional counselors remain truthful and honest in all professional interactions
related to honor and integrity
nine sections of ACA code of ethics (first eight address professional practice issues, last one discussing steps for resolving ethical matters)
- counseling relationship
- confidentiality and privacy
- professional responsibility
- relationships with other professionals
- evaluation, assessment, and interpretation
- supervision, training, and teaching
- research and publication
- distance counseling, technology, and social media
- ethical decision making model???
spirit of the codes
upholding the six fundamental principles and the values inherent to counseling for which they stand
ethical decision making model
provides a series of necessary steps that can help counselors make thoughtful and informed decisions
ethical decision making model steps
- clearly identify the problem and the multiple dimensions of it that influence the decision making process
- identify the relevant ethics codes as they apply to the unique situation
- **identify the relevant state and federal laws
- involves brainstorming multiple course of action and outlining the probable consequences for each course of action
- identifying the most appropriate course of action that upholds ethical codes
***should use supervision and consultation throughout process
professional-personal boundary conflicts
new counselors should set early conditions under which it would be appropriate multiple relationships
questions to consider for multiple relationships
- what are you soft spots/ times you may push boundaries?
- what happens when you cannot avoid a multiple relationship with client?
ACA codes extending counseling boundaries and documenting boundary extensions
discuss the blurring of professional counseling boundaries and the counselors responsibilities related to considering risks and commenting decision making process
process to determine ethical of multiple relationships
seeking supervision or consultation
talk openly with client about risks and concerns
appropriately documenting the ethical decision making process
9 steps to take when trying to determine whether a boundary extension would be harmful or hurtful to client
- consider the best possible outcome and the worst possible outcome
- review the literature base on the topic
- refer to ethical codes, professional conduct rules and relevant laws
- seek supervision or consultation
- notice and analyze your thoughts and feelings about the situation
- practice informed consent with client
- refer clients when appropriate
- don’t overlook blind spots in boundary extensions
- document your rationale and behaviors related to boundary extension
confidentiality and privileged communication
foundational aspects of effective counseling
provides a framework for how to handle collecting and storing client information but also discusses possible exceptions to protecting that info
questions to ask when confidentiality concerns arise
- have I addressed this situation in my informed consent
- how does the ACA code of ethics guide response to situation
- how does state law guide?
- who does confidentiality belong to (parent or child)
- do I have sufficient indication of risk to breach confidentiality
- what are the risks of not breaching confidentiality
- what are the risks to breaking confidentiality
- are there ways to resolve the situation that do not require breach of confidentiality
seven subsections to section B: confidentiality and privacy
- respecting clients rights
2.exceptions
3.information shared with others
4.groups and families
5..clients lacking the ability to give informed consent
6.records and documentation
7.case consultation
exceptions to confidentiality
- law supersedes ethics (court ordered, end of life decisions/foreseeable harm to self or others)
- parents involved in regard to child (must receive assent from child though)
confidentiality vs privileged communication
confidentiality: ethical obligation to protect client info
privileged communication: legally protected information and privacy is a basic human right for individual to control how/what is shared
limitations of confidentially
counseling groups
counseling minors
protecting someone from danger
obey court orders
three sections to consider when using social media in counseling
informed consent
confidentiality
professional boundaries
**establish a level of competency in using technology through training
**educate yourself on the legality of using social media and technology-based communication