Ethics Exam Flashcards
What is the primary responsibility of a Counselor
Respect the dignity and promote the welfare of clients
How long are minor records kept
Keep minor records until they turn 25 years old at least. This will be 7 years after they turn 18 years old.
Informed Consent - Types of Information Needed 12 things
The purposes, goals, techniques, procedures, limitations, potential risks and benefits of services
Counselors qualifications, credentials, relevant experience and approach
Continuation of services upon incapacitation or death
The role of technology
The implications of diagnosis
The intended use of tests and reports
Fees and billing
Procedures for non-payment of fees
Limits of confidentiality including how supervisors, treatment and/or interdisciplinary teams are involved
Their rights to obtain clear information about their records
Their rights to participate in ongoing counseling plans
Their right to refuse services or modality changes and to be advised of the consequences of such refusal
Developmental and Cultural Sensitivity in Informed Consent
Counselors communicate information in ways that are culturally and developmentally appropriate. They use clear and understandable language. If the client has trouble understanding the language the counselor uses, the counselor will provide the necessary services. Counselors will adjust their informed consent according to cultural needs
Informed Consent - Inability to Give Consent
When clients are unable to provide consent, counselors will obtain assent from the client and include them in decision making as appropriate. Counselors must balance the ethical rights of clients, their capacity to give consent and the parental or familial rights and responsibilities to protect the client and make decision on their behalf
Avoiding Harm
Counselors avoid harming clients, trainees and research participants and try to minimize or remedy unavoidable or unanticipated harm
Avoiding Harm and Imposing Values - Personal Values
Counselors are aware of and avoid imposing their own values, attitudes, beliefs and behaviors.
Prohibited Roles and Relationships - Sexual or Romantic Relationships
Sexual or romantic relationships with current clients, their romantic partners, or their family members are prohibited
Prohibited Roles and Relationships - Previous sexual or romantic relationships
Counselors are prohibited from engaging in counseling relationships with persons they have had a previous romantic or sexual relationship with
Prohibited Roles and Relationships - Sexual or Romantic Relationships with former clients
Are prohibited for a period of five years after the last professional contact. This extends to the client, their romantic partners or family members. Counselors must demonstrate forethought and document in writing if the interaction can be viewed as exploitive or if there is potential to harm the former client in any way.
Prohibited Roles and Relationships - Friends or Family Members
Counselors are prohibited from engaging in counseling relationships with friends and family members with whom they have the inability to remain objective.
Prohibited Roles and Relationships - Personal virtual relationships with current clients
Counselors are prohibited from having a virtual relationship (social media etc) with someone they have a current counseling relationship with.
Managing and Maintaining boundaries and Relationships - Previous Relationships
Counselors must take appropriate precautions when accepting clients that they have previous relationships with including consultation, supervision, and documentation. This includes mutual or past membership in the same organization or community, as well as causal or distant relationships.
Managing and Maintaining boundaries and Relationships - Nonprofessional Interactions or Relationships former clients
Counselors avoid nonprofessional relationships with former clients, their romantic partners or their family members when the relationship is potentially harmful to the former client both in-person or electronic
Roles and Relationships at Individual, Group, Institutional and Societal Levels - Multiple Clients
When a counselor provides services to people with a relationship the counselor will clarify at the outset which person or persons are the client and the nature of the relationship the counselor will have with each. The counselor will adjust or withdraw from roles if needed
Fees and Business Practices - Unacceptable Business Practices
Counselors do not participate in fee splitting not do they receive commissions, rebates or any form of remuneration for referrals
Fees and Business Practices - Establishing Fees
Counselors consider the financial status of clients and locality. If the usual fee creates a hardship the counselor may adjust fees where legal or assist the client in finding comparable affordable services
Fees and Business Practices - Receiving gifts
Counselors recognize that in some cultures small gifts are a sign of respect. They must consider monetary value, clients motivation for giving, and the counselor’s motivation for accepting or declining the gift
Respecting Clients Rights - Respect for privacy
Counselors respect the privacy of clients and only request private information when it is beneficial
Confidentiality and Privacy
Exceptions - Serious and Forceable Harm and Legal Requirements
Confidentiality does not apply when disclosure is required to protect clients or identified other from harm or when legal requirements demand that information must be revealed. When in doubt, counselors consult with other professionals
Confidentiality and Privacy
Exceptions - Confidentiality Regarding End-of-Life Decisions
Counselors who are providing services to terminally ill individuals who are considering hastening their own death have the option to maintain confidentiality depending on applicable laws and specific circumstances after seeking consultation or supervision from appropriate professional and legal parties.
Confidentiality and Privacy
Exceptions - Contagious, Life-Threatening Diseases
Counselors may be justified in disclosing that a client has a contagious life-threatening disease to identifiable third-parties who may be in danger of contracting the disease. Prior to making the disclosure they must assess the intent of the clients to inform the third parties about their disease or engage in behaviors that may be harmful to identifiable third parties. They must adhere to relevant state laws about disclosing disease status.
Not allowed in California!!
Confidentiality and Privacy
Exceptions - Court ordered disclosure
When ordered by a court to release confidential or private information without a client’s permission, counselors seek to obtain written, informed consent from the client or take steps to prohibit the disclosure or have it limited as narrowly as possible
Confidentiality and Privacy
Information Shared with Others - Deceased Clients
Counselors protect the confidentiality of deceased clients, consistent with legal requirements and the documented preferences of the client