Professional Orientation and Ethical Practice (Law and Ethics) Flashcards
- *Which group has been most instrumental in opposing counselor**
- *licensure?**
- *a. Social workers.**
- *b. Psychiatrists.**
- *c. Psychologists.**
- *d. AAMFT members**
c. Psychologists.
- *In the late 1970s, AACD ( known as ACA since 1992) began to**
- *focus very heavily on professional credentialing. This led to the**
- *formation of the**
- *a. CCMHC.**
- *b. NBCC.**
- *c. CACREP, formed in 1981.**
- *d. APGA, formed in 1952**
b. NBCC.
In 1982, the American Association for Counseling and Development (AACD), now the American Counseling Association, formed the National Board for Certifi ed Counselors (NBCC).
- *By passing the NCE, a counselor can attain _______, given via**
- *NBCC.**
- *a. NCC, a generic certification for counselors.**
- *b. NCC, a specialty mental health certification for counselors.**
- *c. NCC, national certification for school counselors.**
- *d. MAC, master addictions counselor**
a. NCC, a generic certification for counselors.
National certifications can (as the name suggests) be used on a national basis unlike licenses which tend to be state specific. Licenses are conferred by the individual state and not the federal government.
- *Which choice would most likely violate the counseling ethic or**
- *law termed “scope of practice”?**
- *a. A counselor who is using good accurate empathy with a**
- *client, but fails to confront her about her excessive drinking.**
- *b. A licensed counselor who gives the client a DSM diagnostic code for insurance.**
- *c. A counselor who is too active-directive with a client.**
- *d. A counselor who is conducting a strict Freudian psychoanalysis with the client.**
d. A counselor who is conducting a strict Freudian psychoanalysis with the client.
The “scope of practice” concept suggests that counselors should
only practice using techniques for which they have been trained.
Most counselors are not trained in classical analysis. This concept also implies that a counselor should not attempt to treat
clients for which he or she has no training. Your state counseling
law could stipulate that you disclose your “scope of practice” to
all potential clients
- *Ethical guidelines were first created for the helping professions in 1953 when the American Psychological Association (APA) published their first code of ethics. The National Association of Social Workers (NASW) created their code in 1960, and in 1961, the organization that is now ACA adopted ethics for counselors.Ethics always describe**
- *a. laws.**
- *b. universal principles which apply to all helpers.**
- *c. standards of conduct imposed by ACA and NBCC.**
- *d. all of the above.**
c. standards of conduct imposed by ACA and NBCC.
Ethics define standards of behavior set forth by organizations and certification bodies. Ethics are not state- or federally mandated laws. Unlike many laws, ethical guidelines generally do not spell out penalties for violations. Hence, the aforementioned counselor who is dating a client might lose his or her license but will not be serving time in a city jail or a federal penitentiary
- *Most ethical dilemmas are related to**
- *a. confidentiality.**
- *b. testing.**
- *c. diagnosis.**
- *d. research.**
a. confidentiality.
What goes on in the counseling relationship remains private rather than public. Helpers must, nevertheless, be aware that there are exceptions to this principle. The exceptions illuminate the fact that confi dentiality is relative to the situation
- *The landmark 1969 case, Tarasoff versus the Board of Regents of the University of California illuminated:**
- *a. difficulties involved in client/counselor sexual behavior.**
- *b. ethical issues in relation to research.**
- *c. the duty to warn a client in imminent danger.**
- *d. the impact of an impaired professional.**
c. 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. ACA chose to replace the phrase “clear and imminent danger” which appeared in the previous version of their ethical code with “serious and foreseeable harm.” The newer terminology is seen as indicating that there is a broader scope of circumstances where confi dentiality may need to be broken such as a client with a terminal illness who has no medical options and wishes to end his or her own life. Nevertheless, no matter what terminology is used, if another party needs to be contacted to prevent a dangerous situation then the counselor should ethically take this action even if it means violating confi dentiality
- *A counselor reveals information that is extremely damaging to a client’s reputation. This counselor could be accused of:**
- *a. beneficence.**
- *b. justice.**
- *c. maleficence**
- *d. defamation.**
d. defamation.
The correct answer—defamation—describes behavior that can damage one’s reputation. It is known as libel if it is written and slander if the defamation refers to verbal remarks.
- *State laws can govern title usage and practice, however, they do not govern:**
- *a. accreditation.**
- *b. counselor licensure.**
- *c. psychologist licensure.**
- *d. involuntary commitment to state psychiatric facilities.**
a. accreditation.
- *An exception to confidentiality could occur when a client is suicidal. Suicidal warning signs include:**
- *a. repeatedly joking about killing one’s self.**
- *b. giving away prized possessions after one has been depressed for an extended period of time.**
- *c. a previous suicide attempt and a very detailed suicide**
- *plan for the future.**
- *d. all of the above.**
d. all of the above.
- *A statement of disclosure could include all except:**
- *a. a list of the courses the counselor took in graduate**
- *school.**
- *b. the counselor’s qualifications, office hours, and billing**
- *policies.**
- *c. emergency procedures and therapy techniques utilized.**
- *d. a statement that confidentiality is desirable, but cannot be**
- *guaranteed in a group setting.**
- *a. a list of the courses the counselor took in graduate**
- *school.**
Privileged communication refers to the fact that anything said to a counselor by a client:
- *a. can be revealed in a court of law if the counselor decides**
- *it is beneficial.**
- *b. can be revealed only if a counselor testifies in court.**
- *c. is protected by laws in every state.**
- *d. will not be divulged outside the counseling setting without the client’s permission.**
d. will not be divulged outside the counseling setting without the client’s permission.
the client—not the counselor—can choose not to have confidential information revealed during a legal proceeding (generally on the witness stand). Repeat after me out loud: the client is the holder of the privilege. Say it again!
In regard to state law and privileged communication, counselors must be aware that:
- *a. privileged communication exists in every state in the**
- *union for LPCs.**
- *b. laws are unclear and may vary from state to state.**
- *c. there are no laws which govern this issue.**
- *d. state psychology laws are applicable in this respect.**
b. laws are unclear and may vary from state to state.
privileged communication for the licensed counselor/client relationship. 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; or in cases where a counselor is the victim of a malpractice lawsuit. In addition, privileged communication does not apply to minors (although their legal guardians generally hold the privilege) or those who are mentally incompetent.
- *When counselors state that privileged communication is “qualified,” they actually mean that:**
- *a. the counselor must have certification before privileged**
- *communication applies.**
- *b. privileged communication applies only to doctoral level**
- *counselors.**
- *c. exceptions may exist.**
- *d. all of the above.**
c. exceptions may exist.
- *You are a counselor in a state that does not legally support privileged communication. You refuse to testify in court. In this situation**
- *a. ACA will back you for doing the ethical thing.**
- *b. NBCC will back you if and only if you have attained NCC**
- *status.**
- *c. you need not testify if your case was supervised by a licensed psychologist and/or psychiatrist.**
- *d. you could be held in contempt of court.**
d. you could be held in contempt of court.
Your client in this situation would not have the “privilege” to say no if you are asked to testify
- *An 11-year-old child comes to your office with a black eye and**
- *tells you she can’t remember how she received it. You have reason to suspect abuse. You should:**
- *a. be emphatic and discuss her feelings regarding the matter.**
- *b. drop the matter as it could embarrass her.**
- *c. refer her to a medical doctor of your choice.**
- *d. call the child abuse/neglect hotline.**
d. call the child abuse/neglect hotline.
Counselors are mandated reporters for child abuse. It is
legal and ethical to break confi dentiality in such cases.
You must report child abuse, it’s the law! The word mandated means that a counselor does not have a choice in
the matter.
Is a counselor always on duty? I mean, what about the old “I saw
a child being abused in the grocery store” dilemma? As of this
writing counselors are only mandated reporters while they are
performing professional duties. If you are in the grocery store
tapping on watermelons and you spy a parent abusing his child,
you can make the decision to report it, or not report it
- *During a counseling session a 42-year-old male client threatens suicide. You should:**
- *a. keep it a secret as the client is not a minor.**
- *b. call the state child abuse/neglect hotline even though he**
- *is an adult.**
- *c. call his wife and mention that a serious problem exists but**
- *be very careful not to discuss the issue of suicide since to**
- *do so would violate the client’s confi dentiality.**
- *d. contact his wife and advise her of possible suicide precautions.**
d. contact his wife and advise her of possible suicide precautions.
- *A 39-year-old female secretary you are seeing in your assertiveness training group reveals that she is plotting to shoot her husband. Based on the Tarasoff case you should:**
- *a. warn the husband.**
- *b. keep it confidential because an assertiveness training**
- *group is decidedly not the same as one-to-one counseling.**
- *c. make a police report in the city in which the husband resides.**
- *d. tell a supervisor, administrator, or board member if one**
- *exists, but do not contact her husband.**
a. warn the husband.
Professionals generally adhere to the principle of
minimal disclosure, which suggests that you reveal only
what is necessary.
Tarasoff is controversial and based on a California court decision that may or may not apply to your state.
- *You pass your exam and now have NCC status. During a staff**
- *meeting a clinical director explains to you that, from an ethical**
- *standpoint, your primary duty is to the agency. Most experts in**
- *the field of counselor education would:**
- *a. agree with this position with very few reservations.**
- *b. disagree inasmuch ( to the extend ) as professional ethics emphasize that your primary responsibility is to your clients.**
- *c. disagree inasmuch as professional ethics emphasize that**
- *your primary responsibility is to the ACA.**
- *d. say that, according to “aspirational ethics,” your agency**
- *comes first..**
b. disagree inasmuch ( to the extend ) as professional ethics emphasize that your primary responsibility is to your clients.
“If the certified counselor and the employer do not agree and cannot reach agreement
on policies that are consistent with appropriate counselor ethical practice that is conducive to client growth and development,
One impetus (motive) for counselor licensing was that:
- *a. ACSW wanted to restrict counselors.**
- *b. politicians demanded that counselors be licensed.**
- *c. psychology licensure bodies sought to restrict the practice**
- *of counselors so counselors could not receive third party**
- *payments from insurance and managed care companies.**
- *d. insurance companies pushed strongly for it.**
- *c. psychology licensure bodies sought to restrict the practice**
- *of counselors so counselors could not receive third party**
- *payments from insurance and managed care companies.**
- *A counselor who possesses a graduate degree wishes to become a licensed psychologist. Which statement most accurately depicts the current situation?**
- *a. Any counselor can easily become a psychologist if he or**
- *she can pass the EPPP.**
- *b. A counselor can become a licensed psychologist by taking**
- *three graduate credit hours in physiological psychology**
- *and then passing the EPPP.**
- *c. In nearly every case individuals trained in counseling departments would not be allowed to sit for the EPPP and**
- *thus could not become licensed psychologists.**
- *d. A counselor with a doctorate in counseling could be licensed as a counseling psychologist if he or she has a degree from a recognized department of counseling.**
- *c. In nearly every case individuals trained in counseling departments would not be allowed to sit for the EPPP and**
- *thus could not become licensed psychologists.**
- *c. In nearly every case individuals trained in counseling departments would not be allowed to sit for the EPPP and**
- *thus could not become licensed psychologists.**
- *A woman who is in private practice mentions in her phone book advertisement that she is a licensed counseling psychologist. This generally means that:**
- *a. she has a doctorate from a counselor education program.**
- *b. she has a graduate degree from a psychology department.**
- *c. she has a degree from a CACREP program.**
- *d. she has a degree in counseling but is trained in projective**
- *testing**
b. she has a graduate degree from a psychology department.
One major difference between the psychology versus the counseling movement seems to be that:
- *a. the psychologists are working to eliminate practitioners**
- *with less than a doctorate, while the counselors are not.**
- *b. counselors are working to give up tests for licensure.**
- *c. psychology boards are made up primarily of psychiatrists.**
- *d. in most states psychologists do not need to take an exam.**
- *a. the psychologists are working to eliminate practitioners**
- *with less than a doctorate, while the counselors are not.**
- *4. APA is to psychologist as ACA is to:**
- *a. APGA.**
- *b. certified clinical mental health counselor.**
- *c. counselor.**
- *d. NCC**
c. counselor.
Here is a straightforward example of an analogy item. First, recall that the APA (in context of this question) refers to the
American Psychological Association, which is the major professional body for psychologists. ACA plays the same role for counselors.
You have achieved the status of NCC. NBCC, nevertheless, feels you have violated professional ethics. NBCC can do any of the following except:
- *a. revoke your state counseling license.**
- *b. remove your name from the list of NCCs in the U.S.**
- *c. revoke your NCC status.**
- *d. note in their newsletter that your NCC status has been**
- *revoked**
a. revoke your state counseling license.
- *A counselor who is alcoholic and suffering from burnout could**
- *best be described as:**
- *a. a mesomorph.**
- *b. an impaired professional.**
- *c. a paraprofessional.**
d. a counselor who is wise enough to use his own experiences to help others.
b. an impaired professional.
- *Counselor certification:**
- *a. is synonymous with licensure.**
- *b. is synonymous with program certification.**
c. recognizes that you have reached a given level of competence and thus are authorized to use a title.
d. is primarily a legal process.
c. recognizes that you have reached a given level of competence and thus are authorized to use a title.
- *A woman comes to you for help with an eating disorder. You**
- *have no experience or training in this area. Ethically you should:**
- *a. refer this client to a colleague who is indeed trained and**
- *experienced with this type of client.**
- *b. keep the client and work on her general lack of self-es-**
- *teem.**
- *c. tell the client you will do a comprehensive Internet search**
- *on the topic and then begin seeing her.**
- *d. explain to the client that a symptom such as eating or not**
- *eating is not the real problem and that counseling focuses**
- *on real underlying issues.**
- *a. refer this client to a colleague who is indeed trained and**
- *experienced with this type of client.**
- *Virginia was the first state to license counselors in 1976. The**
- *APGA (later AACD and now ACA) division that was initially the**
- *most instrumental in pushing for licensing was the**
- *a. American College Personnel Association.**
- *b. American School Counselor Association.**
- *c. Association for Specialists in Group Work.**
- *d. American Counselor Education and Supervision.**
d. American Counselor Education and Supervision.
Known as ACES. The APGA set up a licensure commission in
- What’s in a name? Why in the world did the Ameri-
can Personnel and Guidance Association (APGA) founded
in July of 1952, change the organization’s name to AACD,
or the American Association for Counseling and Develop-
ment, in 1983? Well, the story goes that during the late
seventies and early eighties members expressed a dislike
for the words personnel and guidance, as these terms did
not accurately depict the work of counselors. The current
nameplate, the American Counseling Association (ACA),
was adopted in July 1992, after the members voted by
mail. The new name was intended once again, to clarify
what members really did.
- *The problem with income sensitive or sliding fee scales (based**
- *on the client’s ability to pay) is that:**
- *a. scales of this kind are unethical.**
- *b. scales of this nature are illegal.**
- *c. it is difficult to administer them in a fair manner.**
- *d. scales like this are used frequently; however, they are**
- *unethical and illegal.**
c. it is difficult to administer them in a fair manner.
Sliding fee scales, which are ethical and legal, quite popular with
not-for-profi t agencies, are often confused with the term amount
waived,which refers to the amount a third party payer did not
cover.
One possible negative aspect of counselor licensure is that:
- *a. counselors would receive more third-party payments.**
- *b. counselors might be accepted as providers by insurance**
- *companies.**
- *c. counselors may not be as creative during their graduate**
work and simply take courses aimed at fulfilling the requirements to take the licensure exam.
d. it will take business away from psychologists.
c. counselors may not be as creative during their graduate
work and simply take courses aimed at fulfilling the requirements to take the licensure exam.
- *A client wants his records sent to a psychiatrist he is seeing. You should:**
- *a. advise against it based on current research.**
- *b. refuse to do so based on ethical guidelines.**
- *c. fi rst have the client sign a dated release of information**
- *form that stipulates whether the information can be re-**
- *leased once (or for what period of time it can be released)**
- *and then you can send the information.**
- *d. call the psychiatrist to discuss the case but explain that**
- *state law prohibits a counselor from sending anything in**
- *writing about the client.**
c. fi rst have the client sign a dated release of information
- *form that stipulates whether the information can be re-**
- *leased once (or for what period of time it can be released)**
and then you can send the information.
Exam hint: Your exam might refer to a
release of information as consent to disclose or transfer
records. Also note that you may not record or observe ses-
sions without permission of the client. Lastly, ethics dic-
tate that you should keep the client’s record for at least
fi ve years after your last contact with the client even in
cases where the client is deceased.
- *You are a licensed professional counselor in one state but will**
- *soon relocate to another state. The new state informs you that**
- *they will grant you reciprocity or so-called endorsement. You**
- *will thus:**
- *a. simply need to take the licensing test in the new state.**
- *b. be permitted to practice in the new state based on your**
- *current credentials without taking another exam.**
- *c. need to take numerous graduate courses.**
- *d. not be allowed to practice until you serve an internship.**
- *b. be permitted to practice in the new state based on your**
- *current credentials without taking another exam.**
Reciprocity occurs when one state or organization accepts the license or credential of another state or organization. The profession is working diligently to enhance portability (the ease that something can be transferred) so that one state would accept another’s credentials.
- *According to the Family Educational Rights and Privacy Act**
- *(FERPA) of 1974 (also known as the Buckley Amendment)**
- *a. a parent can see his or her daughter’s middle school re-**
- *cord.**
- *b. an 18-year-old college student can view his or her own**
- *educational record.**
- *c. a and b.**
- *d. a and b are both illegal.**
c. a and b.
school coun-
selors should be aware that a court of law can still subpoena the
actual counseling notes or request that the counselor testify.
You are a school counselor who wishes to refer an orthopedically disabled student to a private therapist. In general, the best referral would be to:
- *a. a CRC.**
- *b. a MAC.**
- *c. a licensed clinical psychologist.**
- *d. a licensed social worker.**
a. a CRC.
CRC stands for Certifi ed Rehabilitation Counselor. CRCs will
need at least a master’s in rehabilitation counseling, acceptable
experience in the fi eld, and a passing score on a 400-question
multiple choice examination.
- *A registry would be:**
- *a. a list of licensed psychologists in the state of Illinois.**
- *b. a list of CRCs in the United States.**
- *c. a and b.**
- *d. the registration process for counselor licensure in the**
- *state of Missouri.**
c. a and b.
A registry is always a list of providers. A person whose name is
included in a state counseling registry can sometimes use the
title “registered professional counselor” or RPC.
- *A counselor wins the lottery and closes her practice without telling her clients. This counselor’s course of action is best described as:**
- *a. a multiple relationship.**
- *b. defamation.**
- *c. abandonment.**
- *d. nonmaleficence.**
c. abandonment.
The client in this ques-
tion is the victim of abandonment which occurs when a
counselor stops providing services and does not refer the
client to another helper.
- *You are counseling your first cousin for depression. This is:**
- *a. ethical.**
- *b. not actually an ethical issue.**
- *c. ethical if you continue to counsel her and refer her to a**
- *psychiatrist for an antidepressant.**
- *d. generally unethical as it would constitute a dual or so-**
- *called multiple**
- *d. generally unethical as it would constitute a dual or so-**
- *called multiple**
A dual relationship results when a counselor has another sig-
nifi cant relationship with the client that hinders objectivity. A
dual relationship is also said to exist when a supervisor accepts a
subordinate or administrator as a client.
- *A counselor who sports NCC after her name:**
- *a. will need not concern herself with continuing education.**
- *b. will need three graduate courses every 10 years.**
- *c. will never receive credit for workshops but should attend**
- *for her own personal growth nevertheless.**
- *d. will need a specified amount of continuing education con-**
- *tact hours before she can be recertified, or she will need**
to take the NCE again.
- *. will need a specified amount of continuing education con-**
- *tact hours before she can be recertified, or she will need**
to take the NCE again.
One hundred hours of professional development are needed
during a fi ve-year period. Recently, Home Study Programs have
made this process more convenient.
- *You find yourself sexually attracted to a client. This is known as:**
- *a. counter-transference.**
- *b. ambivalent transference.**
- *c. negative transference.**
- *d. positive transference.**
a. counter-transference.
A typical manifestation of counter- transference would be roman-
tic or sexual feelings toward a client. Counter-transference is an
indication of unresolved problems on the part of the helper.
Your sexual attraction toward your client is hindering the counseling process. You should:
- *a. continue treatment but be honest and empathic with the**
- *client.**
- *b. ignore your feelings; after all you are a professional.**
- *c. explain this to the client and then refer the client to an-**
- *other provider.**
d. continue to see
- *c. explain this to the client and then refer the client to an-**
- *other provider.**
The word hindering is critical to answering the question correct-
ly. If the counselor felt a sexual attraction which had “not” as yet
hindered the treatment process, then personal therapy/profes-
sional supervision for the counselor would be the most desirable
plan of action.