Orientation and Ethics Flashcards

1
Q

the counseling profession started in ___ with ___

A

started in the 1800s with vocational guidance

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2
Q

FERPA

A

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

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3
Q

___ notes can be viewed by parents, while ___ cannot

A

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

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4
Q

IDEA applies to (instutitions) and (people)

A

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

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5
Q

IDEA

A

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)

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6
Q

FAPE
IEP
LRE

A

Free Appropriate Public Education
Individualized Education Plan
Least Restrictive Environment
(all apply to IDEA)

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7
Q

IDEA vs. U.S. Rehabilitation Act of 1973

A

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)

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8
Q

Section 504

A

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

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9
Q

Under HIPPA, patients have a right to ___

A

get a copy of their medical records, usually within 30 days

request changes to inaccuracies in their records

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10
Q

the federal Child Abuse Prevention and Treatment Act (CAPTA) dictates that counselors must report suspected child abuse/neglect within ____ hours

A

72

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11
Q

parents have ___ right to know what their kids discuss in counseling

A

legal rights

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12
Q

in a school setting, most counselors are/are not required to obtain parental consent before delivering services

A

are not, though it depends on the state

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13
Q

elder abuse frequency estimate

A

2-10%

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14
Q

perpetrators of elder abuse are generally…

A

male, and can include family members, paid caregivers, or fellow residents in a care facility

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15
Q

Older Americans Act

A

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

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16
Q

AoA

A

Administration on Aging

created as part of the Older Americans Act and oversees grants and other initiatives

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17
Q

CACREP

A

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

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18
Q

process to get CACREP accredited

A

submit application and self-study report
on-site visit is conducted
team writes a report
CACREP decides

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19
Q

benefits and drawbacks of HMOs (health maintenance organizations)

A

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

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20
Q

first state to license counselors and date

A

Virginia, 1976

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21
Q

the ACA was originally called ___ and was founded in ____

A

American Personnel and Guidance Association

founded in 1952

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22
Q

CCE

A

Center for Credentialing

an affiliate of NBCC, which offers the Approved Clinical Supervisor credential

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23
Q

who developed and administers the NCE?

A

NBCC

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24
Q

NBCC was founded…

A

in 1982 as the result of an ACA committee recommendation

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25
Q

3 specialties within NBCC / being a NCC

A

National Certified School Counselor (NCSC)
Certified Clinical Mental Health Counselor (CCMHC)
Master Addictions Counselor (MAC)
need to get the NCC first

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26
Q

Mental health counselors first surfaced in…

A

1940s and 1950s. However, there were no significant #s until the Community Mental Health Act of 1963 (established mental health centers across the country)

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27
Q

AMHCA

A

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

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28
Q

educational consultants

A

work outside of the school district and provide college counseling services to students for a fee

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29
Q

commercial college counseling centers

A

offer students a variety of services ranging from test preparation to assistance with college apps

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30
Q

NACAC

A

National Association for College Admission Counseling (NOT affiliated with ACA)

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31
Q

ACCA

A

American College Counseling Association

division of ACA for counselors working in higher education

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32
Q

CRC

A

Certified Rehabilitation Counselor

must renew certification every 5 years - take exam or get 100 hours of CEs (same for NCC)

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33
Q

rehabilitation counselors

A

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

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34
Q

CRCC

A

Commission on Rehabilitation Counselor Certification
formed in 1974 to certify rehabilitation counselors
equivalent of the NBCC

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35
Q

ASCA

A

American School Counselor Association
disaffiliated from ACA
created in 1986
journal is Professional School Counseling

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36
Q

mental health practitioner

A

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)

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37
Q

psychoanalyst

A

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

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38
Q

individual vs. collective trauma

A

individual trauma - one person’s ability to cope with a crisis
collective trauma - an entire community’s reaction to a crisis

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39
Q

PFA

A

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

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40
Q

theory-based model of supervision

A

supervisor teaches supervisee like they would a client based on their theory (e.g., CBT therapist would focus on teaching skills)

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41
Q

developmental supervision model

A

emphasize trainee’s progress through a series of stages as they become more experienced, competent, and independent

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42
Q

discrimination model

A

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

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43
Q

How many ACA divisions are there

A

18

ASCA and AMHCA disassociated

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44
Q

AASCB

A

American Association of State Counseling Boards
for cooperation among school boards
founded in 1986 by an ACA committee recommendation

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45
Q

ACA founded in

A

1952

under the name American Personnel and Guidance Association (APGA)

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46
Q

ACA name changes

A

first American Personnel and Guidance Association (APGA); 1952
then American Association of Counseling and Development (AACD); 1983
then ACA in 1993

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47
Q

ACA’s flagship journal

A

Journal of Counseling and Development

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48
Q

ARCA vs. NRCA

A

American Rehabilitation Counseling Association (ARCA) is a division of ACA
National Rehabilitation Counseling Association (NRCA) is not

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49
Q

AARC

A

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)

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50
Q

ACC

A

Association for Creativity in Counseling

division of ACA since 2004 (newest)

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51
Q

AHC

A

Association for Humanistic Counseling

division of ACA since 1952 (formed beforehand)

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52
Q

ALGBTIC

A

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

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53
Q

AMCD

A

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

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54
Q

ASGW

A

Association for Specialists in Group Work

division of ACA since 1973

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55
Q

ASERVIC

A

Association for Spiritual, Ethical, and Religious Values in Counseling
division of ACA
started as Catholic members of APGA
name changed in 1993

56
Q

CSI

A

created in 1985

57
Q

CSJ

A

division of ACA since 2002

publishes Journal for Social Action in Counseling and Psychology

58
Q

ACAC

A

Association for Child and Adolescent Counseling

59
Q

“founding” divisions of ACA

A

AHC
ACES
NCDA (National Career Development Association)

60
Q

IAAOC

A

International Association of Addiction and Offender Counselors
a division of ACA
was a strong proponent of the Master Addictions Counselor (MAC) NBCC credential

61
Q

IAMFC

A

International Association of Marriage and Family Counselors
division of ACA
founded in 1986 and chartered by ACA in 1989

62
Q

NCDA

A

National Career Development Association
division of ACA
one of the founding divisions of ACA in 1952

63
Q

NECA

A

National Employment Counseling Association

division of ACA

64
Q

most recently-created ACA division

A

ACC - Association for Creativity in Counseling in 2004

65
Q

the first ACA code of ethics was created in

A

1961

66
Q

before changing ___ in the counseling relationship, the counselor must get consent

A

change roles (e.g., switching from individual to family counseling)

67
Q

you should not pressure a client to buy your ___

A

books or other products

68
Q

counselors should refuse to perform __ on current or former clients

A

forensic evaluations

69
Q

if you are going to ____ with clients, you need to document why it will be beneficial

A

have contact outside of the counseling session

70
Q

if you use deception in a research study, you must ___

A

inform the participants about the deception and the rationale after the study
refrain from using deception in the first place if you can

71
Q

True or False: You can submit an article for publication to any number of journals at a time

A

False, only one at a time

72
Q

ACA code of ethics vs NBCC

A

ACA includes mandatory and aspirational; NBCC just has mandatory

73
Q

client records must be retained for __ years

A

5 years after last professional contact (even if the person dies)

74
Q

liability

A

the legal responsibility of the counselor to act with due care in professional practice

75
Q

tort

A

a legal response to harm against an individual or property

76
Q

negligence and malpractice are usually considered a ___ tort

A

unintentional tort

but they may be considered an intentional tort if it seems obvious that what the counselor did would result in harm

77
Q

negligence

A

counselor fails to use reasonable care in carrying out their professional duties, resulting in injury to the client

78
Q

malpractice

A

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

79
Q

unlike a negligence case, for a malpractice case to be brought, the counselor must be ___

A

licensed in their state

80
Q

4 conditions in order to win a malpractice or negligence case

A
  1. defendent owed the plaintiff some legal duty as stipulated by their counselor-client relationship
  2. the defendant breached the duty
  3. the plaintiff has an authentic injury (physical, financial, or psychological)
  4. the defendant’s break of duty caused the plaintiff’s injury

AKA duty, breach of duty, injury, causal connection between duty and injury

81
Q

defamation

A

behavior that damages a person’s reputation (and the statements are false)

82
Q

libel

A

defamation through writing

83
Q

slander

A

defamation through spoken statements

84
Q

do counselors have a duty to report the following: child/elder abuse, domestic violence, suicide/self-harm, clients who are a threat to others

A

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)

85
Q

Tarasoff v. Regents of the University of California

A

1974

established duty to warn third parties about clients who present a serious threat to them

86
Q

privileged communication

A

legal term that protects certain counselor-client communication in the court systems

87
Q

confidentiality

A

counselor’s ethical duty to keep client disclosures private

88
Q

if you get subpoenaed, you should…

A

consult with a lawyer before providing any info to the court. determine if privileged communication applies

89
Q

if you get both a subpoena and a court order, you should…

A

testify. you must comply with a court order or else be held in contempt of court.

90
Q

confidentiality vs. privileged communication

A

confidentiality - ethical

privileged communication - legal

91
Q

malpractice is considered ___ negligence

A

professional negligence

anyone can be sued for negligence, only certain professionals can be sued for malpractice

92
Q

the suicide rate for older adults is ___ compared to the rest of the population

A

2-3X

93
Q

___ accounts for most suicides compared with all other methods

A

firearms

94
Q

does privileged communication exist in every state?

A

most states have it, but laws are unclear and may vary from state to state

95
Q

how do you usually report child abuse?

A

the state child abuse hotline

96
Q

according to the NBCC, what do you do if you disagree with your workplace on an ethical issue

A

try to resolve it informally

if you can’t agree, and you think that the workplace is unethical, then you should quit

97
Q

T or F: Counselors are mandated reports only when they are performing counseling duties

A

True

98
Q

If your state sends you ethical guidelines to follow as part of being licensed, then those guidelines are ___

A

law

even though they may be at odds with national org standards (e.g., ACA)

99
Q

which ACA division was most instrumental in pushing for state licensing?

A

ACES (Association for Counselor Education and Supervision)

100
Q

True or False: You can send records you got from another agency when a client’s current doctor requests information on a client

A

False. They should request the records themselves

101
Q

NCC

A

National Certified counselor
renew every 5 years
take the exam again or get 100 hours of CEs (same as CRC)

102
Q

CMC vs CAC

A

Computer Managed Counseling vs. Computer-Assisted Counseling
CMC - help with booking
CAC - controversial; non-interactive counseling by computer

103
Q

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

A

True

104
Q

If you own a private practice that advertises, make sure that…

A

you do not advertise yourself as an available counselor if you don’t work there and/or can’t see clients

105
Q

paradoxical interventions are contraindicated in clients who are…

A

homicidal or suicidal

106
Q

once your article is published in one journal article, you need…

A

permission before trying to get it published somewhere else

107
Q

insurance payments are also called

A

third-party payments

108
Q

Can counselors accept referral fees?

A

No

109
Q

If you are a professor who’s written a textbook, can you use it in your class?

A

Yes

110
Q

the 4 types of consultation

A

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)

111
Q

the doctor-patient consultation model is associated most closely with..

A

Edgar Schein, a former professor at MIT, an organizational development psychologist

112
Q

leading cause of malpractice among counselors

A

sexual misconduct

113
Q

the first counselors were…

A

deans and advisor employed after the Civil War in college settings to watch over young women

114
Q

first psychology laboratory was established by who, when, where

A

Wilhelm Wundt, in 1879, in Leipzig, Germany

his theory was “structuralism” because he was interested in the “structure” of thought

115
Q

which book popularized counseling?

A

Workbook in Vocations by Proctor, Benefild, and Wrenn in 1931
prior to that, the term “guidance” was used

116
Q

Trends in counseling: 1950s

A

developmental psychology (Erikson, Piaget)

117
Q

Trends in counseling: late 1960s/early 70s

A

group

118
Q

Trends in counseling: 1980s

A

professionalism, certification, and licesning

119
Q

the 1958 National Defense Education Act (NDEA) did which 3 things for counselors/clients:

A

provided financial aid for graduate education in counseling
expanded school guidance services
improved guidance for gifted children

120
Q

Bradley Center v. Wessner

A

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.

121
Q

Jablonski by Pahls v. United States

A

established need for mental health professionals to consult prior records to determine dangerousness

122
Q

Hedlund vs. Superior Court of Orange County

A

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)

123
Q

42 CFR, part II

A

protects the confidentiality of alcohol and drug patients

124
Q

____ are beliefs and attitudes that provide direction to everyday living

A

values

125
Q

____ are beliefs we hold about what constitutes right conduct

A

ethics

126
Q

___ 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

A

morals

127
Q

the client’s right to autonomy, to make decisions about their own life, without the influence of outside sources

A

self-determination

128
Q

to get reimbursed for insurance, you need to submit two things along with the bill:

A

a diagnosis and a treatment plan

129
Q

client-centered case consultation

A

consultant helps with a client diagnosis and treatment plan

130
Q

consultee-centered case consultation

A

helps consultee develop skills

131
Q

program-centered administrative consultation

A

helps program improve organizational functioning; program creation and evaluation

132
Q

consultee-centered administrative consultation

A

helps consultees in an organization develop problem-solving skills and better functioning

133
Q

the ACA has ___ divisions. Which 2 others have disaffiliated?

A

ACA currently has 18 divisions

AMHCA and ASCA (American School Counselor Association) have disaffiliated

134
Q

which is the newest ACA division?

A

Association for Creativity in Counseling

135
Q

____ is professional ____

A

malpractice is professional negligence

only some professionals can be sued for malpractice