Professional orientation and ethical practice Flashcards
Can you friend clients on social media?
No. Doing so goes beyond professional boundaries and do not follow clients online as this constitutes an invasion of their privacy. If the counselor has social media, the counselor should have separate professional and personal pages and make sure clients can discern the difference. Also never post information about clients on social media and never ask for assistance with a difficult client on linkedin forums.
What is a Tarasoff warning?
A Tarasoff warning is an exception to confidentiality when the counselor has reason to believe someone else may be harmed by a client – in that case, the counselor has a duty to warn. This can also apply to a medical situation if your client has a contagious life-threatening disease which could harm someone else.
Is it ethical to split fees?
No. Charging a set fee is ethical, though counselors should adjust fees if possible if they would cause financial hardship.
Can a counselor engage in bartering with a client?
Yes but if and only if the practice will not cause harm or exploitation. When bartering, one should take into account a written contract and cultural considerations.
Can counselors accept small gifts?
Yes, counselors may accept OR decline small gifts from a client. The ethical guidelines don’t stipulate precisely what constitutes a small gift but something like $20 or less – cultural factors and client rationale should also be taken into account.
Can counselors use any theory?
No. Counselors must only use theories grounded in science and research. If using a developing theory, this should be shared w/the client in an informed consent disclosure statement.
Can counselors use conversion or reparative therapies to change sexual orientation?
No.
Can counsels discriminate based on sexual identity or gender identity?
No. A counselor can refer a client due to lack of knowledge but not because of personal values.
what should be in a distance counselor’s informed consent statement?
It should describe technology failure issues , response time, risks, time zones, and emergency protocol
What is required to store and use electronic storage?
Records stored in the cloud must be backed up and secure. It is also imperative that you explain to the client that you are using electronic storage procedures. You must also inform the client if a third party, such as computer-support staff, software vendors, or supervisors/colleagues could have access to their electronic file and of the risks of things like Wi-Fi connections, etc. Note that it is important for a counselor to encrypt their contact form page, though do not have to encrypt the entire contact form page. Public heath information (PHI) should always been encrypted.
How long must you wait after therapy to have a sexual or romantic relationship with a client, family member o a client, or the client’s romantic partner?
5 years. After 5 years, a written statement should be prepared to explain why the relationship would not hurt or exploit the former clients.
Can you refer a client to your own private practice when working for a school or counseling agency?
No. this is known as a self-referral and is not ethical
Can you evaluate current or former clients for legal/forensic purposes?
No. You cannot evaluate current or former clients and you cannot counsel individuals if you are evaluating them.
Should counselor educators provide advice related to the student’s career and opportunities?
Yes. And counselor educators should not take fees or payments for placing a student in a given setting. They should also recruit and attempt to retain a diverse faculty and student body.
What should happen if a counselor becomes incapacitated dies, closes the practice, or retires?
The counselor should have a plan in each of these situations. The plan relates to the client and the client records.
Does violating an ethical principle mean you are breaking the law?
No. legal liability can only be established by a court of law.
In a research study, who is responsible for ensuring the research is ethical?
The principal researcher has the ultimate responsibility for ethical research. Anyone else involved in the research is responsible for their own behavior.
Which group was most instrumental in opposing counselor licensure?
Psychologists. But now, psychologists, counselors, social workers, and related specialists often work together.
What is the NBCC?
In 982, the American Association for Counseling and Development (AACD) now known as the American Counseling Association (ACA) formed the National Bored for Certified Counselors (NBCC). IF you meet the educational/skill requirements and pass an exam, you can use the title of National Certified Counselor (NCC). The designation lasts for 5 years and the counselor must have 100 hours of CEUs.
What is the NCC?
The NCC, the National Certified Counselor, is a generic certificate for counselors. The word “generic” here means “general” or “referring to all types of counselors”.
You have to have the NCC in order to secure specialty certificates such as the CCMHC and the NCSC. Also, just because you are certified does not mean you can call yourself a licensed counselor. National certifications (like the NCC) can be used nationally but licenses are state specific and are conferred by the individual state and not the federal government.
What is the counseling ethic or law termed “scope of practice”?
The scope of practice concept suggests that counselors should only practice using techniques for which they have been trained. This concept also implies that a counselor should not attempt to treat clients for which he or she has no training. State laws could stipulate you disclose your scope of practice to all potential clients.
What are ethics for counselors?
Standards of conduct imposed by the ACA (American Counseling Association) and NBCC (national board for certified counselors).
Note that:
- Ethics are not always synonymous with laws - so a counselor who is dating a client may lose his license but wouldn’t be arrested
- Ethics are not universal
What are most ethical dilemmas related to?
Confidentiality. Confidentiality implies that the counselor will not reveal anything about a client unless he or she is given specific authorization to do so.
When does confidentiality end?
Counselors have an obligation to protect the confidentiality of the dead and this must be stated clearly in your informed consent document.
People say that you can say nice things but that you must attempt to uphold what the client would have a wanted based on documentation. If it is not clear, then it should be kept private.
Can a counselor attend a funeral?
You would ask yourself whether ir might be beneficial, just as you would if you decided to attend a client’s wedding. If somebody approaches you at the funeral, you can say that you knew the deceased professionally.
What did the 1969 case Tarasoff v the Board of Regents of the University of California illuminate?
Tarasoff illuminated the duty to warn a client in imminent danger. This case is often cited as an example of a professional helper’s duty to warn a person of serious and foreseeable harm to him- or herself or to others. Note that the language is broad enough to include when a client with a terminal illness or who has no medical options wishes to end his or her life.
Basically, if another party needs to be contacted to prevent a dagngenours situation the counselor should ethically take this action even If it means violating confidentiality. Note that some states say that when there is a “clear or present danger” the counselor must make a report to a designated state agency within 24 hrs.
What is beneficence?
This means that the counselor is working for the good of the client or the group.
What is justice in the context of group counseling?
This typically means that the counselor treats all members fairly.
What is nonmaleficence?
This means that the counselor will do no harm.
What is defamation?
This describes behavior that can damage one’s reputation. Defamation is known as libel if it is written and slander if the defamation refers to verbal remarks.
What do state laws govern?
- title and useage practice
- counselor licensure
- psychologist licensure
- involuntary commitment to state psychiatric facilities
Note that state laws do not govern accreditation. Accreditation is not the law. Accredifation is the process whereby an agency or school meets certain standards and qualifications set forth by an association or accrediting organization. Accreditation applies to programs not individuals.
What could a statement of disclosure include?
- The counselor’s qualifications, office hours, and billing policies
- Emergency procedures and therapy techniques utilized
- A statement that confidentiality is desirable but cannot be guaranteed in a group setting
Some states require a statement of disclosure be given to all potential clients. The procedure of giving the client the document and having him or her read and sign it is sometimes referred to as informed consent.
What is privileged communication?
privileged communication is a legal term that implies that a therapeutic interaction (verbal or written) will not be available for public inspection. A counselor-client relationship protected by privileged communication is one in which the client (not the counselor) can choose not to have confidential information revealed during a legal proceeding. The client is the holder of the privilege.
However, laws are unclear and may vary from state-to-state.
When does privileged communication NOT apply?
Privileged communication is not applicable in cases of:
- child abuse, neglect, or exploitation
- suicide or homicide threats
- criminal intentions
- clients in dire need of hospitalization
- cases where a counselor is the victim of a malpractice lawsuit
- With minors (though their legal guardians generally hold the privilege) or those who are mentally incompetent
What does it mean to state that privileged communication is “qualified”?
This means that exceptions may exist to the privilege.
Note that privileged communication is based on licensure status, not one’s graduate degree or certification credentials.
What would happen if you are a counselor in a state that does not legal support privileged communication and you refuse to testify in court?
You would be held in contempt of court. In this case, your client would not have the privilege to say no if. you are asked to testify.
When must counselors report something to the authorities
Counselors are mandated reporters for child abuse. It is legal and ethical to break confidentiality – reporting child abuse is the law. There may be a legal penalty for failure to report child abuse, sexual abuse, neglect, or exploitation. Generally, counselors report incidents via the state child abuse hotline.
What are the exceptions or limitations to maintaining confidentiality?
- Client is a danger to self or others
- client requests a release of information
- a court orders a release of information
- the counselor is engaged in a systematic supervision process
- clerical assistants who process client info and papers
- legal and clinical consultation situations
- client raises the issue of counselor’s competence in malpractice lawsuit
- client is under 18 (if client is a minor, a parent or guardian can demand info be disclosed that was revealed during session)
- an elderly person is abused
- an insurance company or managed care company requests a diagnosis and/or relevant clinical info
Are counselors always mandated reporters?
Counselors are only mandated reporters while they are performing professional duties.
Who does the Tarasoff case say you should warn?
The potential victim. Professionals generally adhere to the principle of minimal disclosure which suggests you should reveal only what is necessary. Tarasoff is controversial. It could also be appropriate to tell a supervisor, administrator, or board member.
Should an NCC counselor release test scores when legally ordered to?
Yes. You must turn over the test records complete with the test scores. In general, normally you would not turn over records without the client’s consent EXCEPT when:
- There is clear ir imminent danger?
- When legally required to do so by a government agency or court order
What is aspirational ethics?
This means that a practitioner adheres to the highest possible ethical standards.
What was one main impetus for counselor licensing?
Psychology licensure bodies sought to restrict the practice of counselors so counselors could not received third party payments from insurance and managed care companies. Most counselors were not able to be licensed as psychologists, so licensing for counselors was needed as psychologists attained licensing and had somewhat of a monopoly on non-medical treatment services.
Can a counselor with a graduate degree become a licensed psychologist?
No. In nearly every case, individuals trained in counseling departments would not be allowed to sit for the EPPP (examination for professional practice in psychology) and thus could not become licensed psychologists. The individual would need a psychology degree, not a counseling degree.
