Ethical Legal and Professional Issues in Counseling 6th Edition by Theodore Phant Remley, Barbara Herlihy ISBN 9780135183816 0135183812

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ISBN 10: 0135183812
ISBN 13: 9780135183816
Author: Theodore Phant Remley, Barbara Herlihy

Ethical Legal and Professional Issues in Counseling 6th Edition Table of contents:

Section 1: Foundations

1 Introduction

Focus Questions

Professional Orientation

Morals, Values, and Ethics

Legal, Ethical, and Professional Behavior

A Model for Professional Practice

Professional Ethics

Foundations of Ethics

Theories of Ethics

Linking Theory to Practice: Principles and Virtues

Codes of Ethics

Ethical Decision Making

Legal Issues

Origins of Law

Recognizing Legal Issues

Obtaining Legal Advice

Exercising Professional Judgment

Summary and Key Points

2 Professional Identity of Counselors

Focus Questions

Philosophy Underlying the Counseling Profession

The Wellness Model

A Developmental Perspective

Prevention and Early Intervention

Empowerment of Clients

Counseling Services

Counselor Preparation Programs

Credentialing

Degree

State License

State Agency Certification

National Voluntary Certification

Program Accreditation

Ethical Standards Related to Credentialing

Evolution of the Counseling Profession

Origins of the Profession

Counseling Psychology

School Counseling

Vocational Rehabilitation Counseling

Counseling as a New Profession

Steps in Becoming a Profession

Progress Toward Professionalization

Professional Associations of Counselors

American Counseling Association

ACA Divisions

ACA State Branches

Other Associations

Current Issues Related to Professional Identity

Specialties Versus One United Profession

Organizational Structure of ACA

CACREP Accreditation of Specialties

Varying State Licensure and Certification Requirements

Legal and Political Issues

Challenges to the Scope of Practice of Counselors

Testing

Diagnosis and Treatment of Mental and Emotional Disorders

Job Classifications for Counselors

Third-Party Reimbursement

Identity and Professionalism

Counseling and Other Mental Health Professions

Pride in the Counseling Profession

Counseling Around the World

Summary and Key Points

3 Multiculturalism, Values, Social Justice, and Advocacy

Focus Questions

Multicultural Competence and Advocacy

Components of Multicultural Competence

Self-Awareness

Knowledge

Skills

Competence

Forms of Prejudice

Multiple Cultural Identities

Values and Value Conflicts

Counselors’ Personal and Professional Values

Court Cases

State Legislation

Values and the ACA Code of Ethics

End-of-Life Decision Making

Clients Who May Be Victims of Illegal Discrimination

Gay and Lesbian Clients and Family Law Issues

Cultural Issues in Crisis Counseling

Summary and Key Points

Section 2: Issues

4 Client Rights and Counselor Responsibilities

Focus Questions

Counselor Responsibilities

Counselor Needs and Motivations

Avoiding Dependent Relationships

Diversity Considerations

Involuntary or Mandated Clients

Counseling Techniques

Diversity Considerations

Interruptions and Termination

Interruptions in Services

Termination

Premature Termination

Avoiding Abandonment

Diversity Considerations

Informed Consent

Contract Law

Informed Consent in Medicine

Informed Consent in Mental Health

Written Disclosure Statements

Diversity Considerations

Summary and Key Points

5 Confidentiality and Privileged Communication

Focus Questions

Confidentiality

Origins of Confidentiality

The Rationale for Confidentiality

Counselor Practices and Confidentiality

Ethical Standards and Confidentiality

Privileged Communication

Origins of Privileged Communication

The Rationale for Privileged Communication in Counseling Relationships

Asserting the Privilege

Responding to Subpoenas

Suits for Disclosure

Exceptions to Confidentiality and Privileged Communication

Client Waiver of the Privilege

Death of the Client

Sharing Information With Subordinates or Fellow Professionals

Clerical or Other Assistants May Handle Confidential Information

Counselors May Consult with Colleagues or Experts

Confidential Information May Be Shared When the Counselor is Working Under Supervision

Other Professionals May Be Involved in Coordinating Client Care

Protecting Someone Who Is in Danger

Counselors Must Take Action When they Suspect Abuse or Neglect of Children or Other Persons Presumed to have Limited Ability to Care for Themselves

Counselors Must Take Action to Protect Clients Who Pose A Danger to Themselves

Counselors Must Take Action When A Client Poses A Danger to Others

Counselors Must Determine Whether to Breach Confidentiality When A Client Has A Communicable and Life-Threatening Disease and The Client’S Behavior is Putting Others at Risk

Counseling Multiple Clients

Confidentiality Cannot be Guaranteed in Group Counseling

Confidentiality Cannot Be Guaranteed in Couples or Family Counseling

Counseling Minor or Legally Incompetent Clients

When Clients are Minor Children or Legally Incompetent, Counselors Cannot Give the Same Assurances of Confidentiality as They Give Other Clients

Court-Ordered Disclosures

Counselors Must Disclose Confidential Information When Ordered To Do So By A Court

Legal Protections for Counselors in Disputes

Counselors May Reveal Confidential Information When it is Necessary to Defend Themselves Against Charges Brought By Clients

Other Legal Exceptions

Clients Waive Their Privilege When They Bring Lawsuits Claiming Emotional Damage

Privilege is Generally Waived in Civil Commitment Proceedings

Diversity Considerations in Confidentiality and Privileged Communication

Summary and Key Points

6 Records and Subpoenas

Focus Questions

Records

Purposes of Records

Ethical Standards Related to Records

Legal Requirements

Confidentiality and Privileged Communication Requirements

Types of Records Kept by Counselors

Administrative Records

Recordings

Clinical Case Notes

Assume Notes Will Be Read

Appropriate Content of Clinical Case Notes

Client Access to Records

Federal Laws Affecting Counseling Records

Health Insurance Portability and Accountability Act

Family Educational Rights and Privacy Act

Federally Funded Substance Abuse Programs

Other Federal Statutes

Handling, Storing, and Destroying Records

Voluntarily Transferring Records

Subpoenas

Discovery in Litigation

Validity of Subpoenas

Interrogatories

Appearances at Proceedings

Testimony Under Oath

Turning Over Records

Summary and Key Points

7 Competence, Assessment, and Diagnosis

Focus Questions

Competence as an Ethical and Legal Concept

Counselor Preparation

Credentialing

Licensure

Certification

Specialties

Maintaining Competence

Continuing Education

Peer Review/Peer Consultation

Technology

Making Referrals

Diversity Considerations

Erosion of Competence: Burnout and Impairment

Diversity Considerations in Burnout Prevention

Assessment and Diagnosis

Evaluation and Assessment

Competence in Evaluation

Formal Evaluations

The Counselor as Expert Witness

Assessment within the Counseling Relationship

Testing

Competence to Test

Developing and Publishing Tests

Test Security

Release of Testing Records

Providing Explanations to Clients

Diversity Issues in Testing

Diagnosis

Informed Consent

Consulting with Physicians

Qualifications to Diagnose

Diversity Considerations in Diagnosis

Legal Issues in Diagnosis

Summary and Key Points

8 Malpractice and Resolving Legal and Ethical Challenges

Focus Questions

Malpractice

Suicidal Clients

Clients Who May Be at Risk for Harming Others

Duty to Warn Intended Victims

Clients With HIV

A Hypothetical Malpractice Case

Actual Malpractice Cases

Resolving Legal and Ethical Challenges

Legal and Ethical Decision Making

Personal Legal Decision Making

Personal Ethical Decision Making

Responding to Accusations of Unethical or Illegal Behavior

Informal Complaints

Formal Complaints

When You Suspect a Colleague is Acting Unethically or Illegally

Unethical Behavior

Unwarranted Complaints

Inappropriate Discrimination Against Those Who Have Been Accused

Illegal Behavior of Others

Cases Are Often Complex

Guidelines for Avoiding Problems

Summary and Key Points

9 Boundary Issues

Focus Questions

The Complexities of Dual Relationships

Ethical Standards for Professional and Nonprofessional Relationships

Risks and Benefits of Dual/Multiple Relationships

The Potential for Harm

Potential Benefits

Unavoidable Dual Relationships

Rural Communities

Counseling in the Military

Pastoral Counseling

Addictions Counseling

In-Home Services

Crisis and Disaster Counseling

Boundary Crossings Versus Boundary Violations

The Legal Perspective on Boundary Crossings

Specific Boundary Issues

Bartering

Diversity Considerations in Bartering

Social Relationships with Clients

Diversity Considerations in Social Relationships

Business or Financial Relationships with Clients

Accepting Gifts from Clients

Diversity Considerations in Accepting Gifts

Self-Disclosure

Diversity Considerations in Self-Disclosure

Physical Contact with Clients

Diversity Considerations in Touching Clients

Ethical Decision Making

Sexual Dual Relationships

The Offending Mental Health Professional

Harm to Clients

Legal Consequences for Offending Counselors

Civil Lawsuits

Criminalization of Sex with Clients

Postcounseling Sexual Relationships

Sexual Attraction to Clients

Counseling Clients Who Have Been Abused by Previous Counselors

Summary and Key Points

10 Technology in Counseling

Focus Questions

Client use of Technology

Social Media

Other Technology Used by Clients

Distance Counseling

Counselor use of Technology

Using the Internet to Educate Clients

Communicating With Clients

Telephone Use by Counselors

Electronic Mail Communications

Testing

Technology in Teaching

Technology in Clinical Supervision

Social Media Use by Counselors

Office Security Systems

Electronic Record Keeping

Client Behavior and Technology

Diversity Considerations in the Use of Technology

Summary and Key Points

11 Counseling Children and Vulnerable Adults

Focus Questions

Counseling Minor Clients

Legal Status and Rights of Minors

The Rights of Parents

Responding to Parents Who Demand Confidential Counseling Information

Rights of Noncustodial Parents

Children at Risk for Harm to Self or Others

Release of Records

Confidentiality in School Counseling

Confidentiality in Working With Minors in Nonschool Settings

Confidentiality in Consultations

Reporting Suspected Child Abuse or Neglect

Statutory Requirements

Determining Whether a Report Must Be Made

Making the Report

After a Report has been Made

School Violence

Dual or Multiple Relationships

Diversity Considerations With Minors

Vulnerable Adults

Elder or Vulnerable Adult Maltreatment

Other Issues in Counseling Older Adults

End-of-Life Decisions

Diversity Considerations in Counseling Older Adults

Clients Who Have Been Declared Legally Incompetent

Summary and Key Points

12 Counseling Families and Groups

Focus Questions

Family Counseling

Informed Consent

Client Welfare

Risky Techniques

Family Violence

Privacy, Confidentiality, and Privileged Communication

Family Secrets

Divorce and Child Custody

Counselor Competence

Counselor Values

Group Counseling

Informed Consent

Screening

Client Welfare and Protection From Harm

Privacy and Confidentiality

Confidentiality With Minors

Privileged Communication

Relationship Boundaries

Socializing Among Members

Freedom to Exit the Group

Counselor Competence

Diversity and Values Considerations in Group Counseling

Summary and Key Points

13 Professional Relationships, Private Practice, and Health Care Plans

Focus Questions

Professional Relationships

Employer/Employee Relationships

Counselors As Employees

Counselors As Employers

Confidential Information

Referrals

Respecting Other Professionals

Private Practice

Taxes and Business Licenses

Business Form

Fees for Services

Attorney and Accountant Services

Professional Liability Insurance

Making the Transition

Health Care Plans

State Insurance Laws

Managed Care

Types of Health Care Plans

Counselors As Service Providers

Federal Health Care Plans

Client Privacy

Diagnosis

Informed Consent

Receiving Payment for Services

Continuing Treatment and Denial of Services

Avoiding Fraud

Changing Nature of Health Care Plans

Diversity Considerations

Summary and Key Points

14 Issues in Counselor Education

Focus Questions

Counselor Education Programs

Informed Consent

Admissions

Curriculum Issues

Teaching Ethics, Multicultural Counseling, and Social Justice

Teaching Theories and Techniques

Infusing Technology

Experiential Learning

Developing and Evaluating Counseling Skills

Evaluations of Field Experience Performance

Personal and Professional Development

Gatekeeping

Remediation

Dismissal Decisions

Endorsement

Faculty and Student Issues

Faculty Competence

Diversity Considerations

Student–Faculty Research Collaboration

Relationships Between Counselor Educators and Students

Sexual or Romantic Relationships

Nonsexual Relationships

Diversity Considerations in Faculty–Student Relationships

Relationships Among Students

Responsibilities of Students

Summary and Key Points

15 Supervision and Consultation

Focus Questions

Supervision

Fair Evaluation

Informed Consent

Supervision Agreements

Supervisor Competence

Confidentiality Concerns

Supervisory Relationships

Sexual Relationships Between Supervisors and Supervisees

Accountability and Responsibility

Vicarious Liability

Supervisor and Supervisee Rights and Responsibilities

Technology Issues in Supervision

Diversity Considerations in Supervision

Consultation

Accountability

Power

Consultation Contracts

Consultant Competence

Safeguarding Consultee and Client Rights

The Consultation Relationship

The Role of Values and Diversity in Consultation

Summary and Key Points

16 Professional Writing, Conducting Research, and Publishing

Focus Questions

Professional Writing

Academic Integrity

Conducting Research

Research Roles

Research Design

Diversity Considerations in Research Design

Protecting Research Participants From Harm

Voluntary Participation

Informed Consent

Confidentiality

Institutional Review Boards

Reporting Results

Commitments to Participants

Honest and Accurate Reporting of Results

Cooperating With Other Researchers

Publications

Giving Credit to Contributors

Submitting Work for Publication Consideration

Copyright Laws

Contracts

Reporting Income

Summary and Key Points

Appendix A ACA Code of Ethics

Mission

ACA Code of Ethics Preamble

ACA Code of Ethics Purpose

Section A: The Counseling Relationship

Introduction

A.1. Client Welfare

A.1.a. Primary Responsibility

A.1.b. Records and Documentation

A.1.c. Counseling Plans

A.1.d. Support Network Involvement

A.2. Informed Consent in the Counseling Relationship

A.2.a. Informed Consent

A.2.b. Types of Information Needed

A.2.c. Developmental and Cultural Sensitivity

A.2.d. Inability to Give Consent

A.2.e. Mandated Clients

A.3. Clients Served by Others

A.4. Avoiding Harm and Imposing Values

A.4.a. Avoiding Harm

A.4.b. Personal Values

A.5. Prohibited Noncounseling Roles and Relationships

A.5.a. Sexual and/or Romantic Relationships Prohibited

A.5.b. Previous Sexual and/or Romantic Relationships

A.5.c. Sexual and/or Romantic Relationships with Former Clients

A.5.d. Friends or Family Members

A.5.e. Personal Virtual Relationships with Current Clients

A.6. Managing and Maintaining Boundaries and Professional Relationships

A.6.a. Previous Relationships

A.6.b. Extending Counseling Boundaries

A.6.c. Documenting Boundary Extensions

A.6.d. Role Changes in the Professional Relationship

A.6.e. Nonprofessional Interactions or Relationships (other than Sexual or Romantic Interactions or Relationships)

A.7. Roles and Relationships at Individual, Group, Institutional, and Societal Levels

A.7.a. Advocacy

A.7.b. Confidentiality and Advocacy

A.8. Multiple Clients

A.9. Group Work

A.9.a. Screening

A.9.b. Protecting Clients

A.10. Fees and Business Practices

A.10.a. Self-Referral

A.10.b. Unacceptable Business Practices

A.10.c. Establishing Fees

A.10.d. Nonpayment of Fees

A.10.e. Bartering

A.10.f. Receiving Gifts

A.11. Termination and Referral

A.11.a. Competence Within Termination and Referral

A.11.b. Values Within Termination and Referral

A.11.c. Propriate Termination

A.11.d. Appropriate Transfer of Services

A.12. Abandonment and Client Neglect

Section B: Confidentiality and Privacy

Introduction

B.1. Respecting Client Rights

B.1.a. Multicultural/Diversity Considerations

B.1.b. Respect for Privacy

B.1.c. Respect for Confidentiality

B.1.d. Explanation of Limitations

B.2. Exceptions

B.2.a. Serious and Foreseeable Harm and Legal Requirements

B.2.b. Confidentiality Regarding End-of-Life Decisions

B.2.c. Contagious, Life-Threatening Diseases

B.2.d. Court-Ordered Disclosure

B.2.e. Minimal Disclosure

B.3. Information Shared with others

B.3.a. Subordinates

B.3.b. Interdisciplinary Teams

B.3.c. Confidential Settings

B.3.d. Third-Party Payers

B.3.e. Transmitting Confidential Information

B.3.f. Deceased Clients

B.4. Groups and Families

B.4.a. Group Work

B.4.b. Couples and Family Counseling

B.5. Clients Lacking Capacity to Give Informed Consent

B.5.a. Responsibility to Clients

B.5.b. Responsibility to Parents and Legal Guardians

B.5.c. Release of Confidential Information

B.6. Records and Documentation

B.6.a. Creating and Maintaining Records and Documentation

B.6.b. Confidentiality of Records and Documentation

B.6.c. Permission to Record

B.6.d. Permission to Observe

B.6.e. Client Access

B.6.f. Assistance with Records

B.6.g. Disclosure or Transfer

B.6.h. Storage and Disposal after Termination

B.6.i. Reasonable Precautions

B.7. Case Consultation

B.7.a. Respect for Privacy

B.7.b. Disclosure of Confidential Information

Section C: Professional Responsibility

Introduction

C.1. Knowledge of and Compliance With Standards

C.2. Professional Competence

C.2.a. Boundaries of Competence

C.2.b. New Specialty Areas of Practice

C.2.c. Qualified for Employment

C.2.d. Monitor Effectiveness

C.2.e. Consultations on Ethical Obligations

C.2.f. Continuing Education

C.2.g. Impairment

C.2.h. Counselor Incapacitation, Death, Retirement, or Termination of Practice

C.3. Advertising and Soliciting Clients

C.3.a. Accurate Advertising

C.3.b. Testimonials

C.3.c. Statements by Others

C.3.d. Recruiting Through Employment

C.3.e. Products and Training Advertisements

C.3.f. Promoting to Those Served

C.4. Professional Qualifications

C.4.a. Accurate Representation

C.4.b. Credentials

C.4.c. Educational Degrees

C.4.d. Implying Doctoral-Level Competence

C.4.e. Accreditation Status

C.4.f. Professional Membership

C.5. Nondiscrimination

C.6. Public Responsibility

C.6.a. Sexual Harassment

C.6.b. Reports to Third Parties

C.6.c. Media Presentations

C.6.d. Exploitation of Others

C.6.e. Contributing to the Public Good (Pro Bono Publico)

C.7. Treatment Modalities

C.7.a. Scientific Basis for Treatment

C.7.b. Development and Innovation

C.7.c. Harmful Practices

C.8. Responsibility to Other Professionals

C.8.a. Personal Public Statements

Section D: Relationships with Other Professionals

Introduction

D.1. Relationships With Colleagues, Employers, and Employees

D.1.a. Different Approaches

D.1.b. Forming Relationships

D.1.c. Interdisciplinary Teamwork

D.1.d. Establishing Professional and Ethical Obligations

D.1.e. Confidentiality

D.1.f. Personnel Selection and Assignment

D.1.g. Employer Policies

D.1.h. Negative Conditions

D.1.i. Protection from Punitive Action

D.2. Provision of Consultation Services

D.2.a. Consultant Competency

D.2.b. Informed Consent in Formal Consultation

Section E: Evaluation, Assessment, and Interpretation

Introduction

E.1. General

E.1.a. Assessment

E.1.b. Client Welfare

E.2. Competence to Use and Interpret Assessment Instruments

E.2.a. Limits of Competence

E.2.b. Appropriate Use

E.2.c. Decisions Based on Results

E.3. Informed Consent in Assessment

E.3.a. Explanation to Clients

E.3.b. Recipients of Results

E.4. Release of Data to Qualified Personnel

E.5. Diagnosis of Mental Disorders

E.5.a. Proper Diagnosis

E.5.b. Cultural Sensitivity

E.5.c. Historical and Social Prejudices in the Diagnosis of Pathology

E.5.d. Refraining from Diagnosis

E.6. Instrument Selection

E.6.a. Appropriateness of Instruments

E.6.b. Referral Information

E.7. Conditions of Assessment Administration

E.7.a. Administration Conditions

E.7.b. Provision of Favorable Conditions

E.7.c. Technological Administration

E.7.d. Unsupervised Assessments

E.8. Multicultural Issues/Diversity in Assessment

E.9. Scoring and Interpretation of Assessments

E.9.a. Reporting

E.9.b. Instruments with Insufficient Empirical Data

E.9.c. Assessment Services

E.10. Assessment Security

E.11. Obsolete Assessment and Outdated Results

E.12. Assessment Construction

E.13. Forensic Evaluation: Evaluation for Legal Proceedings

E.13.a. Primary Obligations

E.13.b. Consent for Evaluation

E.13.c. Client Evaluation Prohibited

E.13.d. Avoid Potentially Harmful Relationships

Section F: Supervision, Training, and Teaching

Introduction

F.1. Counselor Supervision and Client Welfare

F.1.a. Client Welfare

F.1.b. Counselor Credentials

F.1.c. Informed Consent and Client Rights

F.2. Counselor Supervision Competence

F.2.a. Supervisor Preparation

F.2.b. Multicultural Issues/Diversity in Supervision

F.2.c. Online Supervision

F.3. Supervisory Relationship

F.3.a. Extending Conventional Supervisory Relationships

F.3.b. Sexual Relationships

F.3.c. Sexual Harassment

F.3.d. Friends or Family Members

F.4. Supervisor Responsibilities

F.4.a. Informed Consent for Supervision

F.4.b. Emergencies and Absences

F.4.c. Standards for Supervisees

F.4.d. Termination of the Supervisory Relationship

F.5. Student and Supervisee Responsibilities

F.5.a. Ethical Responsibilities

F.5.b. Impairment

F.5.c. Professional Disclosure

F.6. Counseling Supervision Evaluation, Remediation, and Endorsement

F.6.a. Evaluation

F.6.b. Gatekeeping and Remediation

F.6.c. Counseling for Supervisees

F.6.d. Endorsements

F.7. Responsibilities of Counselor Educators

F.7.a. Counselor Educators

F.7.b. Counselor Educator Competence

F.7.c. Infusing Multicultural Issues/Diversity

F.7.d. Integration of Study and Practice

F.7.e. Teaching Ethics

F.7.f. Use of Case Examples

F.7.g. Student-To-Student Supervision and Instruction

F.7.h. Innovative Theories and Techniques

F.7.i. Field Placements

F.8. Student Welfare

F.8.a. Program Information and Orientation

F.8.b. Student Career Advising

F.8.c. Self-Growth Experiences

F.8.d. Addressing Personal Concerns

F.9. Evaluation and Remediation

F.9.a. Evaluation of Students

F.9.b. Limitations

F.9.c. Counseling for Students

F.10. Roles and Relationships Between Counselor Educators and Students

F.10.a. Sexual or Romantic Relationships

F.10.b. Sexual Harassment

F.10.c. Relationships with Former Students

F.10.d. Nonacademic Relationships

F.10.e. Counseling Services

F.10.f. Extending Educator–Student Boundaries

F.11. Multicultural/Diversity Competence in Counselor Education and Training Programs

F.11.a. Faculty Diversity

F.11.b. Student Diversity

F.11.c. Multicultural/Diversity Competence

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