Unit 3 Flashcards
civil vs. criminal liability vs. administrative
-Acting wrongly toward another, or failing to act when there is a recognized duty to do so
-tort, A wrong that legal action is designed to sit right
-ie: Malpractice [birth control, abortion, treatment], illegal search, defamation, invasion of privacy, breach of contract 
-Provincial
vs.
Working with a client in a way the law does not allow (Failing to report abuse, sexual relations, insurance fraud)
-ie: Accessory to a crime, civil disobedience, contribution to the delinquency of a minor
Canada
vs.
License to practice is threatened by investigation from licensing board
cyber counselling [webcounselling]
300+ websites
Breach when sharing client data in office
Misused of invalid links (client or counsellor)
CCPA/CAP address in ethical codes
dual relationships
Any relationship other than a therapeutic one between a practitioner and a client (Romantic, financial, social)
Romantic- flirting, dating, sexual contact
Social- connecting on social media, sharing casual photos, eating dinner with clients, spending time in community together
Financial- private tutoring for pay, babysitting, making educational materials for a fee
(The role of the counsellor is combined with another relationship, either personal or professional). 
Avoid conflict of interest as best as possible and record it.
ethics
ethical codes
Making decisions of a moral nature about people and their interaction in society
——
To address ethical situations. Reasons:
1) protect the profession from the government, self regulation, and autonomy (w/o cannot be a prof org)
2) Promote stability by helping control internal disagreements by providing guidelines
3) protect practitioners from the public 
- Protect the public from practitioners, Sets practitioner expectations
General and do not foresee dilemmas. Not proactive for new situations.
Legal vs. law
Law or the state of being lawful
vs.
A body of rules recognized by a state or community as binding to its members. Offers few definitive answers, and seeks to come promise. Codification of governing standards established to ensure legal and moral justice. Created by legislation, court decision, tradition [common law]. Legal, not ethical (ie: Jap Cdn Wartime Detention) 
principle-based ethical decision making
to help make better decisions.
- What are the key ethical issues in this situation?
- What ethical articles from the CCPA Code of Ethics are relevant to this situation?
- Which of the six ethical principles are of major importance in this situation?
- How can the relevant ethical articles be applied in this circumstance and any conflict
between principles be resolved, and what are the potential risks and benefits of this
application and resolution? - What do my feelings and intuition tell me to do in this situation?
- What plan of action will be most helpful in this situation?
virtue-based decision making
to help make virtuous decisions (goal=do what you believe is right):
- What emotions and intuition am I aware of as I consider this ethical dilemma, and
what are they telling me to do? - How can my values best show caring for the client in this situation?
- How will my decision affect other relevant individuals in this ethical dilemma?
- What decision would I feel best about publicizing?
- What decision would best define who I am as a person?
Quick check:
1. Publicity. Would I want this ethical decision announced on the front page of a major
newspaper?
2. Universality. Would I make the same decision for everyone? If every counsellor
made this decision, would it be a good thing?
3. Justice. Is everyone being treated fairly by my decision?
CPA Code of Ethics
Principle I: Respect for dignity of persons (Each person must be treated as an individual with their own particular worldview)
Principle II: Responsible caring (Counsellor must provide competent services such as obtaining informed consent, discerning the harm versus benefit of potential interventions, and by becoming self-aware and reflective about the treatment of those who are different. Concern for the well-being of clients.)
Principle III: Integrity in relationship (Counsellor must be straightforward, honest, and objective. Avoid conflicts of interest)
Principle IV: Responsibility to society (Work in ways that help clients become better citizens)
- Listed highest priority at top (except highest is imminent danger to physical safety)
confidentiality: adult vs. minor client
Adult:
Imminent risk to self or others.
Admission of child abuse, neglect, or abusive vulnerable adults.
Records subpoenaed by a court of law
Minor:
-Consent from legal guardian(s) (Unless an emergency, court ordered, or at school)
-Establish what will be confidential/not from the Guardian (ie: only if moderate risk)
-Jurisdictional (AB Must report if exploited)
*accurate and objective records
*extra liability ins.
*confer with colleagues
Describe Canada’s court system.
- A patient has access to information about himself/
herself while in the custody of a health care provider. - This decision affects the conditions under which individuals can provide expert evidence to the Courts.
- The counselling records of rape victims are now protected from disclosure in criminal proceedings against alleged assailants.
- Public safety considerations may override the otherwise privileges communications between a psychiatrist and a defense lawyer.
- This decision concerns the obligations for mandatory reporting (e.g., child abuse or neglect) and the legal protections provided to those making
such reports.
Ethics vs. Morality vs. Law
A philosophical discipline that is concerned with human conduct and moral decision-making
vs.
Involves judgement or evaluation of action, associated with good, bad, right, wrong, art, should.
**BOTH Deal with what is good and bad or the study of human conduct and values

vs.
The precise codification of governing standards that are established to ensure legal and moral justice. 
ethical dilemmas
ethical reasoning
1) to act ethically, counsellors must be aware of ethical codes, and be able to differentiate an ethical dilemma from other types of dilemmas 
2) Different ethical principles in a code, offered conflicting guidelines about what to do
3) There can be variations in code between two or more professional organizations (CAP vs. CCPA).
——
The process of determining which ethical principles are involved, and then prioritizing them based on the professional requirements and beliefs
——
CCPA Code of Ethics:
-Ethical Principles
-Models for ethical decision making & dilemma resolution
1) beneficence - Doing good and preventing harm
2) non-maleficence - Not inflicting harm
3) autonomy - Respecting freedom of choice and self determination
4) justice - Fairness
5) fidelity - Faithfulness or honouring commitments
——
1) Principal-based ethical decision making
2) virtue-based ethical decision making
CAP Standards of Practice
Informed consent.
Competence.
Impaired objectivity.
Relationship with supervisees
Violation of law
Aiding illegal practice
Dual relationships
Maintenance and retention of records
Fees and statements
Providing supportable services.
Representation of service.
Protecting confidentialities of clients [adults, minors.]
Assessment procedures.
Legal aspects involved in the counselling relationship.
dual relationships
client rights
confidentiality of client records
limits to confidentiality
