orientation: key ethical issues and certification Flashcards
ethics
Moral principles that guide an individual’s behavior. For professional counselors, the ACA (2014) Code of Ethics
laws
Included in the penal code and often carry more serious consequences when individuals fail to comply.
two key ethical codes of counseling:
NBCC Code of Ethics; ACA Code of Ethics
7 key legal issues that are crucial for you to be aware of:
- (FERPA),
- (IDEA),
- U.S. Rehabilitation Act of 1973 (Section 504), -(HIPAA),
- Patient Protection and Affordable Care Act of 2010,
- Mental Health Parity and Addiction Equity Act,
- legal considerations related to child/elder abuse.
(FERPA),
. Family Educational Rights and Privacy Act (FERPA): Also known as the Buckley Amendment, FERPA is a federal law that protects the privacy of student educational records. Specifically, the act provides parents and students the right to access the student’s educational records, petition to have incorrect information found in the record amended and ensure that certain information is not released to outside agencies without permission.
educational record
Any document or information kept by the school relating to a student, such as attendance, achievement, behavior, activities, and assessment.
directory information
Information that schools can release about students without parental consent. Directory information includes the student’s name, address, telephone number, date of birth, place of birth, honors or awards, and dates of attendance at the school.
(IDEA)
Individuals with Disabilities Education Improvement Act (IDEA) of 2004: A civil rights law that guarantees students with disabilities access to a free appropriate public education (FAPE), an Individualized Education Plan (IEP), and receipt of the benefits of education in the least restrictive environment (LRE).
free appropriate public education (FAPE)
Education that addresses students’ individual needs and helps ready them for higher levels of education.
(IEP)
individualized education plan: Delineates what services a student with specials needs will receive, when, and how often, as well as yearly goals for the student’s learning, all of which are updated and reviewed.
(LRE)
Least Restrictive Environment (LRE): A principle that mandates that students, as much as possible, remain in regular classrooms if their needs can be met there with only limited accommodation
U.S. Rehabilitation Act of 1973 (Section 504),
A civil rights act that protects individuals with disabilities from being discriminated against or denied equal access to services and opportunities because of their disability.
major life activity
Walking, seeing, hearing, speaking, breathing, working, performing manual tasks, learning, and caring for oneself.
504 plan
Dictates the accommodations or other special considerations the student is entitled to receive under the Rehabilitation Act of 1973.
(HIPAA)
Health Insurance Portability and Accountability Act (HIPAA) of 1996: A federal law that protects the privacy of individuals’ medical and mental health records. Under this law, counselors must allow clients to view their records and petition for changes to the counselor’s notes if they believe any information is false or inaccurate. Counselors must also provide clients with a copy of a HIPAA privacy policy, which outlines with whom their protected health information may be shared.
privacy policy
for HIPAA, guidelines dictating with whom protected health information may be shared
protected health information (PHI)
individually identifiable health information protected by HIPAA
Patient Protection and Affordable Care Act of 2010
Commonly referred to as the Affordable Care Act (ACA), the act was enacted in 2010 to provide health care to Americans and includes consumer protections from private health insurance companies and limits long-term health care expenses.
Mental Health Parity and Addiction Equity Act (MHPAEA)
A law enacted in 2008 that requires insurance companies offering coverage for mental health and substance use related services to make that coverage comparable to general medical coverage.
(CAPTA)
Child Abuse Prevention and Treatment Act (CAPTA): Federal legislation that addresses the prevention, assessment, investigation, and prosecution of child abuse and neglect. The act mandates counselors to report suspicions of child abuse and/or neglect to their local child protective services (CPS).
(CPS)
child protective services (CPS): A state agency that investigates reports of child abuse and neglect. Any counselor who suspects child abuse or neglect is required by law to report their suspicion to their local CPS agency within 72 hours from the time they first became aware of the potentially abusive or neglectful event.
informed consent
Guarantees a client the right to choose whether to enter into or remain in a counseling relationship and ensures the active involvement of the client in decisions made during the counseling process. Initially covered in the first counseling session but should be used throughout the counseling process. When working with minors, counselors must obtain informed consent from parents/legal guardians and assent from the minor.
minor consent laws
State laws that allow minors of a certain age to consent to various community health services, including mental health treatment, without parental consent.
(CACREP)
Council for Accreditation of Counseling and Related Educational Programs (CACREP): An independent accrediting agency that provides accreditation for master’s-level counseling programs and doctoral-level counselor education programs.
