Chapter 3 Flashcards
a philosophical disciple that is concerned with human conduct and moral decision making; normative in nature; focus on principles and standards that governs relationships between individuals
ethics
beliefs about behavior and conduct that guide professional practices (couselors/clients)
professional ethics
involves judgment or evaluation of action (good, bad, right, wrong, ought, should)
morality
the precise codification of governing standards that are established to ensure legal and moral justice; created by legislation, court decision, and tradition, what is legal, not ethical; a body of rules
law
why do we need ethical guidelines?
protects profession from government control
controlling internal disagreements
protecting practitioners from public
unethical behaviors
violation of confidentiality exceeding level of professional competence negligent practice claiming expertise one does not possess imposing values on a client creating dependency sexual activity dual relationship odd financial arrangements improper advertising plagiarism
deals with ethical concerns, addressed issues such as counseling the aged, values, education, and feminism; publishes guidelines for leaders in professional counseling organizations
ASERVIC; association for spiritual, ethical, and religious values in counseling
designed to offer formal statements for ensuring protection of clients’ rights while identifying expectations of practitioners; need them to be considered a professional organization
code of ethical conduct
fives purposes for code of ethics
clarify nature of ethical responsibilities
support mission of org
establish principles that inform best practice
assist members in constructing a course of action
serve as basis for processing ethical complaints and inquiries
eight topical sectional headlines for…
ACA code of ethics
limitations of ethical codes
some issues cannot be solved by a code
enforcing them is hard
conflicts within standards delineated by code
some legal/ethical issues not covered by code
historical; may be unethical now
conflicts arise between ethics/law
don’t address cross-cultural issues
don’t address every situation
bringing to interest all parties
not proactive documents for helping what should be done
five types of ethical dilemmas
confidentiality role conflict counselor competence conflicts with employer degree of dangerousness
process of determining which ethical principles are involved and then prioritizing them based on the professional requirements and beliefs
ethical reasoning
six ethical principles on counselor choices
beneficence nonmaleficence autonomy justice fidelity veracity
doing good and preventing harm
beneficence
not inflicting harm and prevention of future harm
nonmaleficence
respecting freedom of choice and self-determination
autonomy
fairness
justice
faithfulness and honoring commitments and promises
fidelity
truthfulness
veracity
four guidelines for assessing whether counselors act in ethically responsible ways
personal and professional honesty
acting in best interest of client
act w/out malice or personal gain
justify an action
5 stage developmental continuum of reasoning
punishment orientation institutional orientation societal orientation individual orientation principle orientation
researchable or open to research
heuristic
counseling over the internet in which the counselor may be 100s of mules away
cyber counseling/web counseling
six value model for families
responsibility integrity commitment freedom of choice empowerment right to grieve
is the action ethical? a type of ethic
principle ethics
focuses on character traits of the counselor and nonobligatory ideals to which professionals aspire; “am I doing what is best for my client?” a type of ethic
virtue ethics
protection of human people in research; a type of ethic
research ethics
four main ethical issues in research
informed consent
coercion
confidentiality
reporting
condoning or ignoring a situation they risk eroding their own sense of moral self-hood and will find it easier to condone future ethical breaches
slippery slope effect
4 criteria for judgment
publicity
justice
moral traces
universality
if the actions of the confronting counselor were reported in the press
publicity
lingering feelings of doubt
moral traces
is this a course of action I would recommend other take in this situation?
universality
law or the state of being lawful
legal
health providers’ legal obligation not to act negligently
duty to care
the provision for due-process procedures and identifying keeping records on every child with a disability
individualized education plan (IEP)
also known as the Berckley Amendment; gives students access to certain records that education, institutions have kept on them
Family Educational Rights and Privacy Act (FERPA)
the ethical duty to fulfill a contract or promise to clients that the information revealed during therapy will be protected from unauthorized disclosure; THATS MY SHIT
confidentiality
an evolving legal concept that recognizes individuals’ rights to choose the time, circumstances, and extent to which they wish to share or withhold personal information; STILL MY SHIT
privacy
regulates privacy protection and confidentiality by protecting clients from having there confidential communications disclosed in court without their permission, there are exceptions
privileged communication
in the case go public harm, the counselor as the _____ to _____ the public
duty to protect
looks at he variables involved with life; are they at risk
risk assessment
involves issues concerned with whether counselors have caused harm to clients (legal responsibility)
liability
harm to a client resulting from professional negligence
malpractice
departure from acceptable professional standards
negligence
three ways to protect oneself from malpractice
follow code of ethics
follow normal practice standards
act in a professional manner and the beginning of relationship
three types of liability
civil, criminal, administrative
one can be sued for acting wrongfully toward another fr failing to act when theres is a recognized duty to do so
civil liability
involves a counselor working with a client i a way the LAW does not allow
criminal liability
the therapist’s license to practices threatened, investigation has power to revoke or suspend license
administrative liability
a wrong that legal action is designed to set right
tort
children under the age of 18
minors
two main client rights
implied
explicit
substantive due proces
implied rights
procedural due process
explicit rights
a request to get information about oneself
release-of-information form
all info about client necessary for their treatment
client record
six categories of documents
identifying/intake information assessment info treatment plan case notes termination summary other data
a law that emulates state court decisions
binding case law
law from a case in another jurisdiction
persuasive case law
an objective and unbiased person with specialized knowledge, skill, or info who can assist a judge or jury in court at a certain time in reaching an appropriate legal decision
expert witness
a subpoena to appear in court at a certain time in regard to a specific case
court order
