Ethics and Legal Issues in Counseling

Question 1

Ethics can be defined as…

Answer 1

…a philosophical discipline that is concerned with human conduct and moral decision making…

Question 2

Morality involves…

Answer 2

…judgment or evaluation of actions (think good, bad, right, wrong, ought, and should)

Question 3

Autonomy

Answer 3

Allowing an individual the freedom of choice and action

Question 4

Nonmaleficence

Answer 4

Not harming other people

Question 5

Beneficence

Answer 5

A proactive concept that implies doing things that contribute to the welfare of the client

Question 6

Justice

Answer 6

Treating all people fairly

Question 7

Fidelity

Answer 7

Counselors are loyal to their clients, honor their commitments, and fulfill their obligations

Question 8

Veracity

Answer 8

Truthfulness and integrity

Question 9

Mandatory ethics are followed when…

Answer 9

…clinical mental health counselors comply with the required minimal standards of the profession.

Question 10

Aspirational ethics are followed when…

Answer 10

…counselors make decisions based on internalized principles and ideals of the profession, not just external considerations.

Question 11

2014 ACA Code of Ethics five core professional values are:

Answer 11

(a) enhancing human development throughout the life span
(b) honoring diversity and embracing a multicultural approach in support of the worth, dignity, potential and uniqueness of people within their social and cultural contexts
(c) promoting social justice
(d) safeguarding the integrity of the counselor–client relationship
(e) practicing in a competent and ethical manner

Question 12

C. D. Swanson’s guidelines for acting in responsible ways:

Answer 12

1. Personal and professional honesty
2. Acting in the best interest of clients
3. Acting without malice or personal gain
4. Justifying an action based on all pertinent information

Question 13

Counselors as professionals are mandated as professionals to…

Answer 13

address unethical behavior appropriately.

Question 14

According to the ACA guidelines, a counselor should initially attempt to address issues of misconduct…

Answer 14

…informally with the counselor whose behavior is in question.

Question 15

Counselors should report misconduct when:

Answer 15

• an apparent violation has substantially harmed or is likely to substantially harm a person or organization
• it is not appropriate for informal resolution or it is not resolved properly

Question 16

Law

Answer 16

A set of rules enacted by a legislative body

Question 17

Criminal law

Answer 17

Acts that are considered crimes against society and are prosecuted by the government, not by individuals

Question 18

Civil law

Answer 18

Acts committed that affect the civil rights of individuals or other bodies

Question 19

Negligence

Answer 19

Situations in which the mental health professional does not carry out his or her responsibilities in accordance with the standards of care outlined by the profession

Question 20

HIPAA, 1996

Answer 20

• Health Insurance Portability and Accountability Act
• Includes many standards and rules that address client and patient privacy and security

Question 21

HITECH, 2009

Answer 21

• Health Information Technology for Economic and Clinical Health
• Established new privacy and security compliance requirements, incentives for adopting electronic health records, and steeper penalties for violating the regulations
• Counselors and other mental health professionals must encrypt their laptops and other electronic devices to ensure that clients’ confidentiality is not breached

Question 22

Privacy

Answer 22

The client’s right to determine what information about him- or herself will be shared with others

Question 23

Confidentiality

Answer 23

A professional’s promise not to disclose information revealed within the counselor–client relationship, except under specific, mutually understood conditions

Question 24

Privileged communication

Answer 24

A legal term that refers to the protection of confidentiality between two parties

Question 25

The right of privilege belongs to…

Answer 25

…the client, not the counselor.

Question 26

Informed consent

Answer 26

The clients’ right to know what they are getting into when they engage in counseling.

Question 27

Disclosure

Answer 27

Providing clients with the information they need to make informed decisions about entering into counseling, remaining in counseling, and sharing personal information.

Question 28

Free consent

Answer 28

Clients choose to engage in an activity without undue pressure or coercion.

Question 29

Competence

Answer 29

Having sufficient knowledge, skill, and experience to counsel an individual effectively.

Question 30

Standard of care

Answer 30

A level of care that is consistent with the degree of learning, skill, and ethics ordinarily possessed and expected by reputable counselors under similar circumstances