legal & ethics study guide

Question 1

describes the highest standards of thinking and conduct professional counselors seek, and it requires that counselors do more than simply meet the letter of the ethics code

Answer 1

aspirational ethics

Question 2

refers to the promotion of self-determination, or the freedom of clients to be self-governing within their social and cultural framework

Answer 2

autonomy

Question 3

to be fair by giving equally to others and to treat others justly

Answer 3

justice

Question 4

truthfulness, which involves the practitioner’s obligation to deal honestly with clients

Answer 4

veracity

Question 5

What is the Tarasoff case?

Answer 5

Following the murder of Tatiana Tarasoff by a patient, Prosenjit Poddar, the California Supreme Court ruled that therapists must take reasonable steps to prevent harm when they become aware of a serious threat.

Question 6

What resulted from the Tarasoff case that informs counselors’ practice?

Answer 6

counselors have the duty to protect potential victims, when a client posses a serious threat of harm

Question 7

when can you release client records?

Answer 7

• when the client requests they be
• when summonsed by the court

Question 8

What are the exceptions of confidentiality?

Answer 8

• court order
• client waiver
• client files complaints and litigation against their counselor
• civil commitment proceedings are initiated
• statutes involving child, elder, or dependent abuse or neglect mandate disclosure
• clients pose a danger to others or themselves

Question 9

What HIPAA requirements do counselors need to be aware of?

Answer 9

• privacy requirements
• electronic transactions
• security requirements
• national identifier requirements

Question 10

When is it ethical to terminate a client?

Answer 10

• client no longer needs service due to no more benefit
• client is being harmed and not helped

Question 11

administrative supervision

Answer 11

involves directions given by direct-line administrators to their employees

Question 12

boundary crossing

Answer 12

a departure from commonly accepted practices that could potentially benefit clients

Question 13

What are guidelines counselors can follow for clinical case notes (progress notes)?

Answer 13

• progress notes must be kept per the law
• if a client misses a session, document the reason
• use clear behavioral language. focus on describing specific and concrete behavior and avoid jargon
• consider the possibility that the contents of a clinical record might someday be read in a courtroom with the client present
• professional documentation is expected to be thorough
  -“If you didn’t document it, it didn’t happen”
• address client and therapist behavior that is clinical relevant
• include interventions used, client responses to tx and the evolving tx plan and any follow-up measures taken

Question 14

What should counselors do prior to administering assessment?

Answer 14

explain the assessment and gain informed consent

Question 15

a level of ethical functioning wherein counselors act in compliance with minimal standards, acknowledging the basic “musts” and “must nots”

Answer 15

Mandatory ethics

Question 16

focuses not only on how professionals can harm clients but on how therapists can do better at helping clients

Answer 16

positive ethics

Question 17

do no harm

Answer 17

nonmaleficence

Question 18

doing good for others and to promoting the well-being of clients

Answer 18

Beneficence

Question 19

professionals make realistic commitments and do their best to keep these promises. This entails fulfilling one’s responsibilities of trust in a relationship

Answer 19

fidelity

Question 20

What is Tarasoff?

Answer 20

“Duty to Protect”- A thx must take action to protect the public from a client’s threatened harm to a reasonably identifiable other by warning the local law enforcement agency.

Question 21

What does the code of ethics advise regarding consent for forensic evaluation?

Answer 21

Individuals being evaluated are informed
in writing that the relationship
is for the purposes of an evaluation and
is not therapeutic in nature, and entities
or individuals who will receive the
evaluation report are identified

Question 22

what is the purpose of administrative supervision?

Answer 22

to ensure that counselors who are employed are doing their jobs competently

Question 23

Clinical supervision

Answer 23

involves a supervisor overseeing your professional work as a trainee with 4 major goals
- to protect the welfare of clients
- to promote supervisee growth and development
- to monitor supervisee performance and to serve as a gatekeeper for the profession
- to empower the supervisee to self-supervise and carry out these goals as an independent professional

Question 24

What is the difference between administrative and clinical supervision?

Answer 24

Administrative supervisor supervise employees whereas clinical supervisors supervise trainees

Question 25

a serious breach that results in harm to clients and is therefore unethical

Answer 25

boundary violations