legal & ethics study guide Flashcards
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
aspirational ethics
refers to the promotion of self-determination, or the freedom of clients to be self-governing within their social and cultural framework
autonomy
to be fair by giving equally to others and to treat others justly
justice
truthfulness, which involves the practitioner’s obligation to deal honestly with clients
veracity
What is the Tarasoff case?
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.
What resulted from the Tarasoff case that informs counselors’ practice?
counselors have the duty to protect potential victims, when a client posses a serious threat of harm
when can you release client records?
- when the client requests they be
- when summonsed by the court
What are the exceptions of confidentiality?
- 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
What HIPAA requirements do counselors need to be aware of?
- privacy requirements
- electronic transactions
- security requirements
- national identifier requirements
When is it ethical to terminate a client?
- client no longer needs service due to no more benefit
- client is being harmed and not helped
administrative supervision
involves directions given by direct-line administrators to their employees
boundary crossing
a departure from commonly accepted practices that could potentially benefit clients
What are guidelines counselors can follow for clinical case notes (progress notes)?
- 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
What should counselors do prior to administering assessment?
explain the assessment and gain informed consent
a level of ethical functioning wherein counselors act in compliance with minimal standards, acknowledging the basic “musts” and “must nots”
Mandatory ethics
focuses not only on how professionals can harm clients but on how therapists can do better at helping clients
positive ethics
do no harm
nonmaleficence
doing good for others and to promoting the well-being of clients
Beneficence
professionals make realistic commitments and do their best to keep these promises. This entails fulfilling one’s responsibilities of trust in a relationship
fidelity
What is Tarasoff?
“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.
What does the code of ethics advise regarding consent for forensic evaluation?
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
what is the purpose of administrative supervision?
to ensure that counselors who are employed are doing their jobs competently
Clinical supervision
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
What is the difference between administrative and clinical supervision?
Administrative supervisor supervise employees whereas clinical supervisors supervise trainees
a serious breach that results in harm to clients and is therefore unethical
boundary violations
