Chapter 3 - Ethical and Legal Aspects of Counselling (TWO)

Question 1

5 Key Ethical Dilemma’s Clinicians Face:

Answer 1

1. Confidentiality
2. Role Conflict, having clear boundaries in each encounter
3. Counsellor Competence, practicing beyond the scope of your expertise
4. Conflicts with Employer/ Institution
5. Evaluating Degrees of Dangerousness

Question 2

Guidelines for acting ethically as a counsellor:

Answer 2

1. Supervision, helps maintain honestly and seeing risks, ex. peer supervision groups, asking clients first
2. Personal values/views don’t determine best interest for client, clients best interest comes before maintaining personal values
3. Acting without malice or personal gain, challenging clients/engaging clients
4. Justification of action aka. continuing competency, you have to be able to demonstrate continuing education

Question 3

5 Elements of Informed Consent:

Answer 3

1. Inform of Potential Benefits and Risks
2. Alternatives, let them know other approaches and sources of help
3. Contacts, give them your contact info, get their emergency contact
4. Confidentiality, outline the ways you promise to keep their information confidentiality, limits and risks
5. Voluntary Participation/Withdrawal, unless they are mandated it is a voluntary relationship from which they can withdraw at any time

Question 4

Areas of limited confidentiality with clients:

Answer 4

• Imminent Risk of Harm to Self/Others
• Admission of Child Abuse, Child Neglect, Abuse of Vulnerable People – Duty to Warn
• Subpoenas/Judicial Orders
• Minors: Sharing of Information with Guardians

Question 5

Do counsellors in a school setting owe their ethical loyalty to students, parents or the school?

Answer 5

Students, the school and other settings come second

Question 6

Potential ethical dilemmas related to the use of computers in counselling:

Answer 6

1. Confidentiality
2. Client or counsellor misuse
3. Validity of information found online
4. Lack of research on outcomes of online counselling

Question 7

Define: expert witness

Answer 7

an objective and unbiased person with specialized knowledge, skills, or information, who can assist a judge or jury in reaching an appropriate legal decision, is compensated financially for their time

Question 8

Two ways counsellors end up in court:

Answer 8

1. Expert Witness, voluntary
2. Court Order, a subpoena to appear in court at a certain time in regard to a specific case, can testify on behalf or against a client

Question 9

Unethical Behaviours in Counsellors

Answer 9

• Negligent practice
• Creating dependency in client
• Improper advertising
• Plagiarism
• Breach of Confidentiality
• Practicing Beyond Scope of Competency
• Misrepresentation of Expertise
• Imposing Value’s on Client
• Sexual Involvement with Client
• Conflicts of Interest

Question 10

Why have codes of ethics and standards of practice?

Answer 10

• Protection of client
• Expectations of Practitioner
• Professionalizes a Group/ Increases Public Trust
• Protection from Government and Client – Malpractice
• Promotes Stability

Question 11

3 Areas of Liability for Counsellors:

Answer 11

1. Civil
2. Criminal
3. Administrative