Orientation and Ethics Flashcards
the counseling profession started in ___ with ___
started in the 1800s with vocational guidance
FERPA
Family Educational Rights and Privacy Act (1974) - applies to any educational setting that gets funding from the US Department of education
Parents can get their kid’s educational record until the kid is 18 or begins college, whichever comes first (right shifts to the student)
schools can give directory information without consent, but they must send an annual notice to students and/or parents letting them know they have the right to have their info or child’s info barred from release
___ notes can be viewed by parents, while ___ cannot
general counseling case notes may be considered part of the student’s educational record (depending on the state), but parents cannot view a counselor’s personal notes
IDEA applies to (instutitions) and (people)
any school that gets federal funding (like FERPA)
any child under 21 who has a disability in select areas; in addition the child must need special education as a result of the disability
IDEA
Individuals with Disabilities Education Improvement Act
all students must be given Free Appropriate Public Education (FAPE)
every student must have an individualized education plan (IEP)
each student gets education in the Least Restrictive Environment (LRE)
FAPE
IEP
LRE
Free Appropriate Public Education
Individualized Education Plan
Least Restrictive Environment
(all apply to IDEA)
IDEA vs. U.S. Rehabilitation Act of 1973
all kids covered under IDEA are also covered under U.S. RA of 1973
kids not covered by IDEA can apply for accommodations under Section 504, which has a more inclusive definition of disability
Section 504 applies to ALL organizations or employers that get federal funds, not just schools
get a 504 plan (vs. IEP)
Section 504
AKA the U.S. Rehabilitation Act of 1973
a civil rights act that prevents discrimination due to disability
has a more inclusive definition of disability than IDEA
get a 504 plan (vs. IEP)
eligibility depends on disability that limits at least one major life activity (walking, seeing, hearing, breathing, working, performing manual tasks, learning, and caring for oneself)
must have documentation of the disability
Under HIPPA, patients have a right to ___
get a copy of their medical records, usually within 30 days
request changes to inaccuracies in their records
the federal Child Abuse Prevention and Treatment Act (CAPTA) dictates that counselors must report suspected child abuse/neglect within ____ hours
72
parents have ___ right to know what their kids discuss in counseling
legal rights
in a school setting, most counselors are/are not required to obtain parental consent before delivering services
are not, though it depends on the state
elder abuse frequency estimate
2-10%
perpetrators of elder abuse are generally…
male, and can include family members, paid caregivers, or fellow residents in a care facility
Older Americans Act
passed in 1959 by Congress to increase social services and nutrition services for older Americans
re-authorized in 2006
Title II and Title VII are about elder abuse
AoA
Administration on Aging
created as part of the Older Americans Act and oversees grants and other initiatives
CACREP
Council for Accreditation of Counseling and Related Educational Programs
schools must pass accreditation every 8 years
accredits masters programs in counseling
doctoral-level programs in counselor education and supervision
process to get CACREP accredited
submit application and self-study report
on-site visit is conducted
team writes a report
CACREP decides
benefits and drawbacks of HMOs (health maintenance organizations)
benefits: counselors get a stable influx of clients and are ensured payment
drawbacks: diagnosis is required (infringes on a patient’s confidentiality); counseling may be time-limited and restricted to certain modalities
first state to license counselors and date
Virginia, 1976
the ACA was originally called ___ and was founded in ____
American Personnel and Guidance Association
founded in 1952
CCE
Center for Credentialing
an affiliate of NBCC, which offers the Approved Clinical Supervisor credential
who developed and administers the NCE?
NBCC
NBCC was founded…
in 1982 as the result of an ACA committee recommendation
3 specialties within NBCC / being a NCC
National Certified School Counselor (NCSC)
Certified Clinical Mental Health Counselor (CCMHC)
Master Addictions Counselor (MAC)
need to get the NCC first
Mental health counselors first surfaced in…
1940s and 1950s. However, there were no significant #s until the Community Mental Health Act of 1963 (established mental health centers across the country)
AMHCA
American Mental Health Counselors Association
used to be part of ACA, then disassociated
formed in 1976 in order to establish licensure laws in states and create accreditation standards for counseling programs
educational consultants
work outside of the school district and provide college counseling services to students for a fee
commercial college counseling centers
offer students a variety of services ranging from test preparation to assistance with college apps
NACAC
National Association for College Admission Counseling (NOT affiliated with ACA)
ACCA
American College Counseling Association
division of ACA for counselors working in higher education
CRC
Certified Rehabilitation Counselor
must renew certification every 5 years - take exam or get 100 hours of CEs (same for NCC)
rehabilitation counselors
help people with disabilities work through personal and vocational issues they may encounter as a result of their impairment
ultimate goal is to help them return to their place of work or find a new vocation
CRCC
Commission on Rehabilitation Counselor Certification
formed in 1974 to certify rehabilitation counselors
equivalent of the NBCC
ASCA
American School Counselor Association
disaffiliated from ACA
created in 1986
journal is Professional School Counseling
mental health practitioner
person trained to treat people with mental health issues and mental illness
counselors are mental health practitioners, but so are others (psychologists, psychiatrists, social worker, psychiatric nurses, psychoanalyst)
psychoanalyst
helps clients resolve psychological issues through psychoanalysis (Freud) — a long-term process that attempts to help clients remedy and alleviate their symptoms through exploring unconscious conflicts
must train at a psychoanalysis institute and engage in personal psychoanalysis
usually work in private practice
individual vs. collective trauma
individual trauma - one person’s ability to cope with a crisis
collective trauma - an entire community’s reaction to a crisis
PFA
Psychological First Aid
first meet clients’ essential survival needs, then psychological needs
then contact with family and friends to mitigate feelings of loneliness or isolation
theory-based model of supervision
supervisor teaches supervisee like they would a client based on their theory (e.g., CBT therapist would focus on teaching skills)
developmental supervision model
emphasize trainee’s progress through a series of stages as they become more experienced, competent, and independent
discrimination model
a model specifically for supervision
requires the supervisor to be aware of the supervisee’s personal qualities and address their needs by adopting the role of teacher, counselor, or consultant as needed
How many ACA divisions are there
18
ASCA and AMHCA disassociated
AASCB
American Association of State Counseling Boards
for cooperation among school boards
founded in 1986 by an ACA committee recommendation
ACA founded in
1952
under the name American Personnel and Guidance Association (APGA)
ACA name changes
first American Personnel and Guidance Association (APGA); 1952
then American Association of Counseling and Development (AACD); 1983
then ACA in 1993
ACA’s flagship journal
Journal of Counseling and Development
ARCA vs. NRCA
American Rehabilitation Counseling Association (ARCA) is a division of ACA
National Rehabilitation Counseling Association (NRCA) is not
AARC
Association for Assessment and Research in Counseling
division of ACA since 1965
develops guidelines for the use of tests ex “Responsibilities of Users of Standardized Tests” and ACA’s “Position Statement on High Stakes Testing”
journals are Measurement and Evaluation in Counseling & Development (MECD) and
Counseling Outcome Research and Evaluation (CORE)
ACC
Association for Creativity in Counseling
division of ACA since 2004 (newest)
AHC
Association for Humanistic Counseling
division of ACA since 1952 (formed beforehand)
ALGBTIC
Association for Lesbian, Gay, Bisexual, and Transgender Issues in Counseling
division of ACA
established in 1975 and then was known as the Caucus of Gay and Lesbian Counselors
struggled to become a recognized ACA division
AMCD
Association for Multicultural Counseling and Development
division of ACA
Multicultural Counseling Competencies published in 1992
started in 1972 but did not become a division of ACA until much later
ASGW
Association for Specialists in Group Work
division of ACA since 1973
ASERVIC
Association for Spiritual, Ethical, and Religious Values in Counseling
division of ACA
started as Catholic members of APGA
name changed in 1993
CSI
created in 1985
CSJ
division of ACA since 2002
publishes Journal for Social Action in Counseling and Psychology
ACAC
Association for Child and Adolescent Counseling
“founding” divisions of ACA
AHC
ACES
NCDA (National Career Development Association)
IAAOC
International Association of Addiction and Offender Counselors
a division of ACA
was a strong proponent of the Master Addictions Counselor (MAC) NBCC credential
IAMFC
International Association of Marriage and Family Counselors
division of ACA
founded in 1986 and chartered by ACA in 1989
NCDA
National Career Development Association
division of ACA
one of the founding divisions of ACA in 1952
NECA
National Employment Counseling Association
division of ACA
most recently-created ACA division
ACC - Association for Creativity in Counseling in 2004
the first ACA code of ethics was created in
1961
before changing ___ in the counseling relationship, the counselor must get consent
change roles (e.g., switching from individual to family counseling)
you should not pressure a client to buy your ___
books or other products
counselors should refuse to perform __ on current or former clients
forensic evaluations
if you are going to ____ with clients, you need to document why it will be beneficial
have contact outside of the counseling session
if you use deception in a research study, you must ___
inform the participants about the deception and the rationale after the study
refrain from using deception in the first place if you can
True or False: You can submit an article for publication to any number of journals at a time
False, only one at a time
ACA code of ethics vs NBCC
ACA includes mandatory and aspirational; NBCC just has mandatory
client records must be retained for __ years
5 years after last professional contact (even if the person dies)
liability
the legal responsibility of the counselor to act with due care in professional practice
tort
a legal response to harm against an individual or property
negligence and malpractice are usually considered a ___ tort
unintentional tort
but they may be considered an intentional tort if it seems obvious that what the counselor did would result in harm
negligence
counselor fails to use reasonable care in carrying out their professional duties, resulting in injury to the client
malpractice
when professional counselors fail to provide the standard of care expected from them
standard of care is often established by comparing the counselor’s behavior to that of others with comparable credentials in similar situations
unlike a negligence case, for a malpractice case to be brought, the counselor must be ___
licensed in their state
4 conditions in order to win a malpractice or negligence case
- defendent owed the plaintiff some legal duty as stipulated by their counselor-client relationship
- the defendant breached the duty
- the plaintiff has an authentic injury (physical, financial, or psychological)
- the defendant’s break of duty caused the plaintiff’s injury
AKA duty, breach of duty, injury, causal connection between duty and injury
defamation
behavior that damages a person’s reputation (and the statements are false)
libel
defamation through writing
slander
defamation through spoken statements
do counselors have a duty to report the following: child/elder abuse, domestic violence, suicide/self-harm, clients who are a threat to others
child abuse - yes (all states)
elder abuse - almost all states
domestic violence - usually no
suicide - yes (in ACA ethics to breach confidentiality)
threat to others - usually yes, duty to warn the target (though not in Texas)
Tarasoff v. Regents of the University of California
1974
established duty to warn third parties about clients who present a serious threat to them
privileged communication
legal term that protects certain counselor-client communication in the court systems
confidentiality
counselor’s ethical duty to keep client disclosures private
if you get subpoenaed, you should…
consult with a lawyer before providing any info to the court. determine if privileged communication applies
if you get both a subpoena and a court order, you should…
testify. you must comply with a court order or else be held in contempt of court.
confidentiality vs. privileged communication
confidentiality - ethical
privileged communication - legal
malpractice is considered ___ negligence
professional negligence
anyone can be sued for negligence, only certain professionals can be sued for malpractice
the suicide rate for older adults is ___ compared to the rest of the population
2-3X
___ accounts for most suicides compared with all other methods
firearms
does privileged communication exist in every state?
most states have it, but laws are unclear and may vary from state to state
how do you usually report child abuse?
the state child abuse hotline
according to the NBCC, what do you do if you disagree with your workplace on an ethical issue
try to resolve it informally
if you can’t agree, and you think that the workplace is unethical, then you should quit
T or F: Counselors are mandated reports only when they are performing counseling duties
True
If your state sends you ethical guidelines to follow as part of being licensed, then those guidelines are ___
law
even though they may be at odds with national org standards (e.g., ACA)
which ACA division was most instrumental in pushing for state licensing?
ACES (Association for Counselor Education and Supervision)
True or False: You can send records you got from another agency when a client’s current doctor requests information on a client
False. They should request the records themselves
NCC
National Certified counselor
renew every 5 years
take the exam again or get 100 hours of CEs (same as CRC)
CMC vs CAC
Computer Managed Counseling vs. Computer-Assisted Counseling
CMC - help with booking
CAC - controversial; non-interactive counseling by computer
True or False: If you live in a rural area and you have to see an acquaintance for therapy, it’s ok as long as it would be really hard for them (100 miles away) to see anyone else
True
If you own a private practice that advertises, make sure that…
you do not advertise yourself as an available counselor if you don’t work there and/or can’t see clients
paradoxical interventions are contraindicated in clients who are…
homicidal or suicidal
once your article is published in one journal article, you need…
permission before trying to get it published somewhere else
insurance payments are also called
third-party payments
Can counselors accept referral fees?
No
If you are a professor who’s written a textbook, can you use it in your class?
Yes
the 4 types of consultation
client-centered (about the client)
consultee-centered (about the consultee developing techniques)
consultee-centered administrative (about administrative skills)
program-centered administrative consultation (program creation and evaluation)
the doctor-patient consultation model is associated most closely with..
Edgar Schein, a former professor at MIT, an organizational development psychologist
leading cause of malpractice among counselors
sexual misconduct
the first counselors were…
deans and advisor employed after the Civil War in college settings to watch over young women
first psychology laboratory was established by who, when, where
Wilhelm Wundt, in 1879, in Leipzig, Germany
his theory was “structuralism” because he was interested in the “structure” of thought
which book popularized counseling?
Workbook in Vocations by Proctor, Benefild, and Wrenn in 1931
prior to that, the term “guidance” was used
Trends in counseling: 1950s
developmental psychology (Erikson, Piaget)
Trends in counseling: late 1960s/early 70s
group
Trends in counseling: 1980s
professionalism, certification, and licesning
the 1958 National Defense Education Act (NDEA) did which 3 things for counselors/clients:
provided financial aid for graduate education in counseling
expanded school guidance services
improved guidance for gifted children
Bradley Center v. Wessner
established duty to ensure that a dangerous person is not released from a hospital
The hospital’s duty to protect was breached by the negligent release of a dangerous patient who killed someone he had threatened to kill.
Jablonski by Pahls v. United States
established need for mental health professionals to consult prior records to determine dangerousness
Hedlund vs. Superior Court of Orange County
established that duty to warn extends beyond the named victim to anyone else who might reasonably be at risk (in this case, the victim’s child)
42 CFR, part II
protects the confidentiality of alcohol and drug patients
____ are beliefs and attitudes that provide direction to everyday living
values
____ are beliefs we hold about what constitutes right conduct
ethics
___ are concerned with perspectives of right and proper conduct and involves an evaluation of actions on the basis of some broader religious or cultural standard
morals
the client’s right to autonomy, to make decisions about their own life, without the influence of outside sources
self-determination
to get reimbursed for insurance, you need to submit two things along with the bill:
a diagnosis and a treatment plan
client-centered case consultation
consultant helps with a client diagnosis and treatment plan
consultee-centered case consultation
helps consultee develop skills
program-centered administrative consultation
helps program improve organizational functioning; program creation and evaluation
consultee-centered administrative consultation
helps consultees in an organization develop problem-solving skills and better functioning
the ACA has ___ divisions. Which 2 others have disaffiliated?
ACA currently has 18 divisions
AMHCA and ASCA (American School Counselor Association) have disaffiliated
which is the newest ACA division?
Association for Creativity in Counseling
____ is professional ____
malpractice is professional negligence
only some professionals can be sued for malpractice
