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ECLG 654- Law & Ethics > Ethics Midterm > Flashcards

Ethics Midterm Flashcards

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1
Q

autonomy

A

fostering the right to control the direction of one’s life

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2
Q

nonmaleficence

A

avoiding actions that cause harm

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3
Q

beneficence

A

working for the good of the individual and society by promoting mental health and well-being

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4
Q

justice

A

treating individuals equitably and fostering fairness and equality;

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5
Q

fidelity

A

honoring commitments and keeping promises, including fulfilling one’s responsibilities of trust in professional relationships;

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6
Q

veracity

A

dealing truthfully with individuals with whom counselors come into professional contact

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7
Q

Client welfare:

primary responsibility

A

to respect the dignity and promote the welfare of clients.

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8
Q

Counselors take reasonable steps to ensure what?

A

that documentation accurately reflects client progress and services provided.

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9
Q

Informed Consent in counseling

A

Clients have the freedom to choose whether to enter into or remain in a counseling relationship. Counselors have to document appropriately.

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10
Q

Avoiding Harm

A

Counselors act to avoid harming their clients, trainees, and research participants and to minimize or to remedy
unavoidable or unanticipated harm.

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11
Q

Personal Values

A

Counselors are aware of—and avoid imposing—their own values, attitudes, beliefs, and behaviors. Counselors respect the diversity of clients

i.e. take your shit out and let the session be about the client

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12
Q

Sexual and/or Romantic Relationships Prohibited

A

Sexual and/or romantic counselor–client interactions or relationships with current clients, their romantic partners, or their family members are prohibited. This prohibition applies to both in person and electronic interactions or
relationships.

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13
Q

Previous Sexual and/or

Romantic Relationships

A

Counselors are prohibited from engaging in counseling relationships with persons with whom they have had a previous sexual and/or romantic relationship.

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14
Q

Sexual and/or Romantic
Relationships With
Former Clients

A

Sexual and/or romantic counselor–client interactions or relationships with former clients, their romantic partners, or their family members are prohibited for a period of 5 years following the last professional contact. This prohibition applies to both in-person and electronic interactions or relationships. in cases of potential exploitation and/or harm, the counselor avoids entering
into relationship.

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15
Q

Friends or Family

Members

A

Counselors are prohibited from engaging in counseling relationships with friends or family members with whom they have an inability to remain objective.

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16
Q

Group Work

A
  • we are still mandated to keep confidentiality ethically and legally.
  • if a group member breaks it you can kick them out but nothing happens to them otherwise
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17
Q

Screening

A

prior to making groups, we screen people to make sure they are an appropriate fit for the group.

select members whose needs and goals are compatible with the goals of the group.

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18
Q

Unacceptable Business

Practices

A

Counselors do not participate in fee splitting, nor do they give or receive commissions, rebates, or any other form of remuneration when referring clients for professional services.

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19
Q

Establishing fees

A

In establishing fees for professional counseling services, counselors consider the financial status of clients and locality. If a counselor’s usual fees create undue hardship for the client, the counselor may adjust fees, when legally
permissible, or assist the client in locating comparable, affordable services.

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20
Q

Nonpayment of Fees

A

If counselors intend to use collection agencies or take legal measures to collect fees from clients who do not pay for services as agreed upon, they include such information in their informed consent documents and also inform clients in a timely fashion of intended actions and offer clients the opportunity to make payment.

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21
Q

Bartering

A

Counselors may barter only if the bartering does not result in exploitation or harm, if the client requests it. Counselors discuss relevant concerns with clients and document such agreements in a clear written contract.

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22
Q

receiving gifts

A

When determining whether to accept a gift from clients, counselors take into account the therapeutic relationship, the monetary value of the gift, the client’s motivation for giving the gift, and the counselor’s motivation for wanting to accept or decline the gift.

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23
Q

receiving gifts general rule

A

if you do accept a gift, DOCUMENT it! document the rational that was went over with the client.

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24
Q

Competence Within

Termination and Referral

A

If counselors lack the competence to be of professional assistance to clients, they avoid entering or continuing
counseling relationships.

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25
Q

values within termination and referral

A

counselors do not refer clients just because they have conflicting values.

Counselors respect the diversity of clients and seek training in areas in which they are at risk of imposing their
values onto clients

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26
Q

Appropriate termination

A

Counselors terminate a counseling relationship when it becomes reasonably apparent that the client no longer needs assistance, is not likely to benefit, or is being harmed by continued counseling.

have pre-termination counseling in week 4 out of a 6 week session plan. & can recommend other service providers if necessary.

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27
Q

Appropriate transfer of services

A

Give Pretermination Counseling: Explain Why You Want To Refer The Person Out.

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28
Q

Abandonment and

Client Neglect

A

Counselors do not abandon or neglect clients in counseling. Counselors assist in making appropriate arrangements for the continuation of treatment, when necessary, during interruptions such as vacations, illness, and following termination.

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29
Q

Respect for

Confidentiality

A

Counselors protect the confidential information of prospective and current clients. Counselors disclose information only with appropriate consent or with sound legal or ethical justification.

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30
Q

Explanation of limitations

A

At initiation and throughout the counseling process, counselors inform clients of the limitations of confidentiality and seek to identify situations in which confidentiality must be breached.

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31
Q

Serious and Foreseeable
Harm and Legal
Requirements

A

The general requirement that counselors keep information confidential does not apply when disclosure is required to protect clients or identified others from serious and foreseeable harm or when legal requirements demand that confidential information must be revealed.

(duty to warn & duty to protect)

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32
Q

Confidentiality Regarding

End-of-Life Decisions

A

Counselors who provide services to terminally ill individuals who are considering hastening their own deaths have the option to maintain confidentiality, depending on applicable laws and the specific circumstances

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33
Q

Contagious, Life-

Threatening Diseases

A

When clients disclose that they have a disease commonly known to be both communicable and life threatening,
counselors may be justified in disclosing information to identifiable third parties, if the parties are known to be at serious and foreseeable risk of contracting the disease. Prior to making a disclosure, counselors assess the intent of clients to inform the third parties about their disease or to engage in any behaviors that may be harmful to an identifiable third party.

34
Q

Subpoena = ?

A

please

35
Q

Court Order = ?

A

Must comply

36
Q

court-ordered disclosure

A

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 because of potential harm to the client or counseling relationship.

37
Q

Minimal disclosure

A

When circumstances require the disclosure of confidential information, only essential information is revealed.

38
Q

Deceased Clients

A

Counselors protect the confidentiality of deceased clients, consistent with legal requirements and the documented preferences of the client.

39
Q

Couples and Family

Counseling

A

In couples and family counseling, counselors clearly define who is considered “the client” and discuss expectations and limitations of confidentiality. Counselors
seek agreement and document in writing such agreement among all involved parties regarding the confidentiality of information. In the absence of an agreement to the contrary, the couple or family is considered to be the client.

40
Q

Responsibility to Clients lacking informed consent

A

When counseling minor clients or adult clients who lack the capacity to give voluntary, informed consent, counselors protect the confidentiality of information received as specified by federal and state laws, written policies, and applicable ethical standards.

41
Q

Responsibility to Parents

and Legal Guardians

A

Counselors inform parents and legal guardians about the role of counselors and the confidential nature of the counseling relationship, consistent with current legal and custodial arrangements.

Counselors work to establish, as appropriate, collaborative relationships with parents/guardians to best serve clients.

42
Q

Permission to Observe

A

Counselors obtain permission from clients prior to allowing any person to observe counseling sessions, review session transcripts, or view recordings of sessions with supervisors, faculty, peers, or others within the training environment.

43
Q

Respect for Privacy

A

Information shared in a consulting relationship is discussed for professional purposes only.

44
Q

Disclosure of Confidential Information

A

When consulting with colleagues, counselors do not disclose confidential information that reasonably could lead to the identification of a client.

45
Q

Boundaries of

Competence

A

Counselors practice only within the boundaries of their competence, based on their education, training, supervised experience, state and national professional credentials, and appropriate professional experience. Whereas multicultural counseling competency is required across all counseling specialties, counselors gain knowledge, personal awareness, sensitivity, dispositions, and skills pertinent to being a culturally competent counselor in working with a diverse client population.

46
Q

New Specialty Areas

of Practice

A

only work in areas that you are trained. While developing skills in new specialty areas, counselors take steps to ensure the competence of their work and protect others from possible harm.

47
Q

Impairment

A

Counselors monitor themselves for signs of impairment from their own physical, mental, or emotional problems and refrain from offering or providing professional services when impaired. They seek assistance for problems that reach the level of professional impairment,
and, if necessary, they limit, suspend, or terminate their professional responsibilities until it is determined that they may safely resume their work.

prevent harm to clients

48
Q

Testimonials

A

Counselors who use testimonials do not solicit them from current clients, former clients, or any other persons who may be vulnerable to undue influence. Counselors discuss with clients the implications of and obtain permission for the use of any testimonial.

49
Q

Credentials

A

Counselors claim only licenses or certifications that are current and in good standing.

50
Q

Educational Degrees

A

Counselors clearly differentiate between earned and honorary degrees.

51
Q

Implying Doctoral-Level

Competence

A

Counselors clearly state their highest earned degree in counseling or a closely related field. Counselors do not imply doctoral-level competence when possessing a master’s degree in counseling or a related field by referring to themselves themselves as “Dr.” in a counseling context when their doctorate is not in counseling or a related field. Counselors do not use “ABD” (all but dissertation) or other such terms to imply competency.

52
Q

Sexual Harassment

A

Counselors do not engage in or condone sexual harassment. Sexual harassment can consist of a single intense or severe act, or multiple persistent or pervasive acts.

53
Q

Exploitation of Others

A

Counselors do not exploit others in their professional relationships.

54
Q

Contributing to the
Public Good
(Pro Bono Publico)

A

Counselors make a reasonable effort to provide services to the public for which there is little or no financial return (e.g., speaking to groups, sharing professional information, offering reduced fees).

55
Q

Scientific Basis for

Treatment

A

When providing services, counselors use techniques/procedures/modalities that are grounded in theory and/or have an empirical or scientific foundation.

56
Q

Development and

Innovation

A

When counselors use developing or innovative techniques/procedures/modalities, they explain the potential risks, benefits, and ethical considerations of using such techniques/procedures/modalities. Counselors work to minimize any potential risks or harm when using these techniques/procedures/modalities.

57
Q

Harmful Practices

A

Counselors do not use techniques/procedures/modalities when substantial evidence suggests harm, even if such
services are requested.

58
Q

Assessment

A

The primary purpose of educational, mental health, psychological, and career assessment is to gather information regarding the client for a variety of purposes, including, but not limited to, client decision making, treatment planning, and forensic proceedings. Assessment may include both qualitative and quantitative methodologies.

59
Q

Evaluation/Assessment & interpretation:

Client Welfare

A

Counselors do not misuse assessment results and interpretations, and they take reasonable steps to prevent others from misusing the information provided. They respect the client’s right to know the results, the interpretations made, and the bases for counselors’ conclusions and recommendations.

60
Q

Evaluation/Assessment & interpretation:

Limits of Competence

A

Counselors use only those testing and assessment services for which they have been trained and are competent. Counselors using technology-assisted test interpretations are trained in the construct being measured and the specific instrument being used prior to using its technology based application. Counselors take reasonable measures to ensure the proper use of
assessment techniques by persons under their supervision.

61
Q

Informed consent in Assessment:

Explanation to Clients

A

Prior to assessment, counselors explain the nature and purposes of assessment and the specific use of results by potential recipients. The explanation will be given in terms and language that the client (or other legally authorized person on behalf of the client) can
understand.

62
Q

Evaluation/Assessment & interpretation:

Recipients of Results

A

Counselors consider the client’s and/or examinee’s welfare, explicit understandings, and prior agreements in determining who receives the assessment results. Counselors include accurate and appropriate interpretations with any release of individual or group assessment results.

63
Q

Proper Diagnosis

A

Counselors take special care to provide proper diagnosis of mental disorders. Assessment techniques (including
personal interviews) used to determine client care (e.g., locus of treatment, type of treatment, recommended follow-up) are carefully selected and appropriately
used.

64
Q

Historical and Social
Prejudices in the
Diagnosis of Pathology

A

Counselors recognize historical and social prejudices in the misdiagnosis and pathologizing of certain individuals and groups and strive to become aware of and address such biases in themselves or others.

65
Q

Refraining From

Diagnosis

A

Counselors may refrain from making and/or reporting a diagnosis if they believe that it would cause harm to the
client or others. Counselors carefully consider both the positive and negative implications of a diagnosis.

66
Q

Appropriateness of

Instruments

A

Counselors carefully consider the validity, reliability, psychometric limitations, and appropriateness of instruments when selecting assessments and, when possible, use multiple forms of assessment, data, and/or instruments in forming conclusions, diagnoses, or
recommendations.

67
Q

Scoring & Interpretation:

Assessment Services

A

Counselors who provide assessment, scoring, and interpretation services to support the assessment process confirm the validity of such interpretations.
They accurately describe the purpose, norms, validity, reliability, and applications of the procedures and any special qualifications applicable to their use. At all times, counselors maintain their ethical responsibility to those being assessed.

68
Q

Court ordered evaluation:

A
  • dont need consent bc it is court ordered

- there is no confidentiality

69
Q

Court ordered therapy:

A
  • client has consent

- client has right to confidentiality

70
Q

Informed Consent in

Research

A

Individuals have the right to decline requests to become research participants. In seeking consent, counselors
use language that:

  1. accurately explains the purpose and procedures to be followed;
  2. identifies any procedures that are experimental or relatively untried;
  3. describes any attendant discomforts, risks, and potential power differentials between researchers and participants;
  4. describes any benefits or changes in individuals or organizations that might reasonably be expected;
  5. discloses appropriate alternative procedures that would be advantageous for participants;
  6. offers to answer any inquiries concerning the procedures;
  7. describes any limitations on confidentiality;
  8. describes the format and potential target audiences for the dissemination of research findings; and
  9. instructs participants that they are free to withdraw their consent and discontinue participation in the project at any time, without penalty.
71
Q

Plagiarism

A

Counselors do not plagiarize; that is, they do not present another person’s work as their own.

72
Q

Acknowledging

Previous Work

A

In publications and presentations, counselors acknowledge and give recognition to previous work on the topic by others or self.

73
Q

Contributors

A

Counselors give credit through joint authorship, acknowledgment, footnote statements, or other appropriate means to those who have contributed significantly to research or concept development in accordance with such contributions. The principal contributor is listed first, and minor technical or professional contributions are acknowledged in notes or introductory statements.

74
Q

Duplicate Submissions

A

Counselors submit manuscripts for consideration

to only one journal at a time.

75
Q

Acknowledgment

of Limitations

A

Counselors inform clients about the inherent limits of confidentiality when using technology. Counselors urge
clients to be aware of authorized and/or unauthorized access to information disclosed using this medium in the
counseling process.

76
Q

Security

A

Counselors use current encryption standards within their websites and/or technology-based communications that meet applicable legal requirements. Counselors take reasonable precautions to ensure the confidentiality of information transmitted through any electronic means.

77
Q

Distance Counseling
Relationship:

Benefits and Limitations

A

Counselors inform clients of the benefits and limitations of using technology applications in the provision of counseling services. Such technologies include, but are
not limited to, computer hardware and/or software, telephones and applications, social media and Internet-based applications and other audio and/or video communication, or data storage devices or media.

78
Q

records & website maintenance:

Client Rights

A

Counselors who offer distance counseling services and/or maintain a professional website provide electronic links to relevant licensure and professional certification boards to protect consumer and client rights and address ethical concerns.

79
Q

Suspected Violations:

Informal Resolution

A

When counselors have reason to believe that another counselor is violating or has violated an ethical standard and substantial harm has not occurred, they attempt to first resolve the issue informally with the other counselor if feasible, provided such action does not violate confidentiality rights that may be involved.

If you find there is a problem, you go to that person and you address it. If you feel you cant do it alone, ask someone to go with you.

80
Q

Consultation

A

When uncertain about whether a particular situation or course of action may be in violation of the ACA Code of Ethics, counselors consult with other counselors who are knowledgeable about ethics and the ACA Code of Ethics, with colleagues, or with appropriate authorities, such as the ACA Ethics and Professional Standards Department.

81
Q

Cooperation With

Ethics Committees

A

Counselors assist in the process of enforcing the ACA Code of Ethics. Counselors cooperate with investigations,
proceedings, and requirements of the ACA Ethics Committee or ethics committees of other duly constituted
associations or boards having jurisdiction over those charged with a violation.

ECLG 654- Law & Ethics (1 decks)

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