orientation: key ethical issues and certification

Question 1

ethics

Answer 1

Moral principles that guide an individual’s behavior. For professional counselors, the ACA (2014) Code of Ethics

Question 2

laws

Answer 2

Included in the penal code and often carry more serious consequences when individuals fail to comply.

Question 3

two key ethical codes of counseling:

Answer 3

NBCC Code of Ethics; ACA Code of Ethics

Question 4

7 key legal issues that are crucial for you to be aware of:

Answer 4

• (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.

Question 5

(FERPA),

Answer 5

. 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.

Question 6

educational record

Answer 6

Any document or information kept by the school relating to a student, such as attendance, achievement, behavior, activities, and assessment.

Question 7

directory information

Answer 7

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.

Question 8

(IDEA)

Answer 8

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).

Question 9

free appropriate public education (FAPE)

Answer 9

Education that addresses students’ individual needs and helps ready them for higher levels of education.

Question 10

(IEP)

Answer 10

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.

Question 11

(LRE)

Answer 11

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

Question 12

U.S. Rehabilitation Act of 1973 (Section 504),

Answer 12

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.

Question 13

major life activity

Answer 13

Walking, seeing, hearing, speaking, breathing, working, performing manual tasks, learning, and caring for oneself.

Question 14

504 plan

Answer 14

Dictates the accommodations or other special considerations the student is entitled to receive under the Rehabilitation Act of 1973.

Question 15

(HIPAA)

Answer 15

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.

Question 16

privacy policy

Answer 16

for HIPAA, guidelines dictating with whom protected health information may be shared

Question 17

protected health information (PHI)

Answer 17

individually identifiable health information protected by HIPAA

Question 18

Patient Protection and Affordable Care Act of 2010

Answer 18

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.

Question 19

Mental Health Parity and Addiction Equity Act (MHPAEA)

Answer 19

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.

Question 20

(CAPTA)

Answer 20

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).

Question 21

(CPS)

Answer 21

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.

Question 22

informed consent

Answer 22

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.

Question 23

minor consent laws

Answer 23

State laws that allow minors of a certain age to consent to various community health services, including mental health treatment, without parental consent.

Question 24

(CACREP)

Answer 24

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.

Question 25

accreditation

Answer 25

A process that eligible educational institutions and organizations can elect to undergo (i.e., it is voluntary) to demonstrate that the institution meets set standards.

Question 26

educational accreditation

Answer 26

A process by which educational programs and services are evaluated by an external agency to determine whether certain standards are being maintained. CACREP, an independent agency, provides accreditation for master’s and doctoral counseling programs.

Question 27

Advocacy Counseling

Answer 27

Promotes the needs of clients, communities, and the counseling profession at the local, state, regional, and national levels.

Question 28

(HMO)

Answer 28

Health Maintenance Organization (HMO): An HMO is a type of managed care organization that provides members access to health services at a lower cost.

Question 29

Liability Insurance

Answer 29

A form of insurance that is designed to provide protection from third-party claims arising from unintentional injuries or damages to a client.

Question 30

malpractice

Answer 30

Occurs when professional counselors fail to follow accepted professional standards and do not provide the expected standard of care, resulting in injury to the client.

Question 31

negligence

Answer 31

Occurs when professional counselors fail to use reasonable care and/or protect a client from foreseeable harm, resulting in injury to the client.

Question 32

Licensure

Answer 32

The process by which a government agency grants a counselor permission to practice and/or render specific counseling services. A license protects the public by ensuring that only qualified professionals can legally provide counseling services.

Question 33

certification

Answer 33

A formal process by which an authorized board verifies an individual’s training and qualifications in a particular profession or trade. Certification is not governed by a state.

Question 34

reciprocity

Answer 34

Allows a counselor who is licensed in one state to work in another state without having to reapply for licensure or fulfill additional requirements.

Question 35

National Board for Certified Counselors

Answer 35

(NBCC): A credentialing organization for professional counselors seeking certification. The NBCC’s leading credential is the National Certified Counselor (NCC). To obtain this credential, counselors must meet specific educational criteria as well as pass the National Counselor Examination (NCE).

Question 36

National Counselor Examination (NCE)

Answer 36

NBCC exam needed for certification or licensure

Question 37

National Certified Counselor (NCC)

Answer 37

a counselor certified by the NBCC