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Ethical, Legal, and Professional Issues in Counseling,9780131128149
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Ethical, Legal, and Professional Issues in Counseling

by ;
Edition:
2nd
ISBN13:

9780131128149

ISBN10:
0131128140
Format:
Paperback
Pub. Date:
1/1/2005
Publisher(s):
Prentice Hall
List Price: $86.00
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Summary

From two leading scholars in the field of counseling, and written specifically for the future practicing counselor, this comprehensive volume offers an in-depth examination of the counseling profession. The authors approach each professional issue in counseling from both an ethicalanda legal point-of-view, offering readers a complete, integrated exploration of all facets. Difficult issues are addressed in a straightforward manner, and practical, realistic advice is proffered through vignettes that showcase typical situations and dilemmas faced by practicing counselors.

Table of Contents

SECTION I: FOUNDATIONS
Introduction
1(21)
Professional Orientation
1(5)
Morality, Ethics, Law, Professionalism, and Best Practice
2(2)
A Model for Professional Practice
4(2)
Professional Ethics
6(9)
Foundations of Ethics
6(1)
Principles and Virtues
7(2)
Codes of Ethics
9(3)
Ethical Decision Making
12(2)
Power and Ethics
14(1)
Legal Issues
15(5)
Origins of Law
15(1)
Recognizing Legal Issues
16(1)
Obtaining Legal Advice
17(1)
Exercising Professional Judgment
18(1)
Personal Values Systems of Counselors
19(1)
Summary and Key Points
20(2)
Professional Identity of Counselors
22(29)
Philosophy Underlying the Counseling Profession
23(3)
The Wellness Model
23(2)
A Developmental Perspective
25(1)
Prevention and Early Intervention
25(1)
Empowerment of Clients
26(1)
Counseling Services
26(1)
Counselor Preparation Programs
27(1)
Credentialing
28(6)
Degree
29(1)
State License
29(1)
State Agency Certification
30(1)
National Voluntary Certification
31(1)
Program Accreditation
32(1)
Ethical Standards Related to Credentialing
33(1)
Evolution of the Counseling Profession
34(4)
Origins of the Profession
34(1)
Counseling Psychology
34(1)
School Counseling
35(1)
Vocational Rehabilitation Counseling
35(1)
Counseling as a New Profession
36(1)
Steps in Becoming a Profession
37(1)
Progress Toward Professionalization
38(1)
Professional Associations of Counselors
38(4)
American Counseling Association
38(1)
ACA Divisions
39(2)
ACA State Branches
41(1)
Other Associations
41(1)
Current Issues Related to Professional Identity
42(3)
Specialties Versus One United Profession
42(1)
Organizational Structure of ACA
43(1)
CACREP Accreditation of Specialties
44(1)
Varying State Licensure and Certification Requirements
44(1)
Legal and Political Issues
45(2)
Challenges to the Scope of Practice of Counselors
45(1)
Job Classifications for Counselors
46(1)
Third-Party Reimbursement
47(1)
Identity and Professionalism
47(2)
Counseling and Other Mental Health Professions
47(1)
Pride in the Counseling Profession
48(1)
Summary and Key Points
49(2)
Professional Practice in a Multicultural Society
51(16)
The Evolution of Ethical Considerations in Multicultural Counseling
51(1)
Becoming a Multiculturally Competent Counselor
52(6)
Self-Awareness
54(1)
Knowledge
55(1)
Skills
56(2)
Gender Issues
58(1)
Multiple Cultural Identities
58(2)
Multicultural Supervision
60(1)
Multiculturalism and Ethical Standards
61(2)
Protecting Culturally Different Clients from Harm
63(1)
Clients Who May Be Victims of Illegal Discrimination
63(1)
Gay and Lesbian Clients and Family Law Issues
64(1)
Cultural Issues in Crisis Counseling
65(1)
Advocacy and Counseling
65(1)
Summary and Key Points
66(1)
SECTION II: ISSUES
Client Welfare and Informed Consent
67(23)
Client Welfare
67(10)
Counselor Needs and Values
68(3)
Client Dependency
71(1)
Involuntary or Mandated Clients
72(1)
Counseling Techniques
73(1)
Interruptions and Termination
74(3)
Informed Consent
77(11)
Contract Law
78(1)
Informed Consent in Medicine
78(2)
Informed Consent in Mental Health
80(1)
Written Disclosure Statements
81(7)
Summary and Key Points
88(2)
Confidentiality and Privileged Communication
90(29)
Confidentiality
91(5)
Origins of Confidentiality
91(1)
The Rationale for Confidentiality
92(1)
Counselor Practices and Confidentiality
93(2)
Ethical Standards and Confidentiality
95(1)
Privileged Communication
96(13)
Origins of Privileged Communication
97(2)
The Rationale for Privileged Communication in Counseling Relationships
99(8)
Asserting the Privilege
107(1)
Responding to Subpoenas
108(1)
Suits for Disclosure
108(1)
Exceptions to Confidentiality and Privileged Communication
109(8)
Client Waiver of the Privilege
109(1)
Death of the Client
109(1)
Sharing Information with Subordinates or Fellow Professionals
110(3)
Protecting Someone Who Is in Danger
113(1)
Counseling Multiple Clients
113(2)
Counseling Minor or Legally Incompetent Clients
115(1)
Court-Ordered Disclosures
115(1)
Legal Protections for Counselors in Disputes
116(1)
Other Legal Exceptions
116(1)
Diversity Considerations in Confidentiality and Privileged Communication
117(1)
Summary and Key Points
118(1)
Records and Subpoenas
119(22)
Records
119(17)
Ethical Issues and Standards Related to Records
120(1)
Legal Requirements
121(1)
Confidentiality and Privileged Communication Requirements
122(1)
Purposes of Records
122(2)
Types of Records Kept by Counselors
124(2)
Clinical Case Notes
126(4)
Client Access to Records
130(1)
Federal Laws Affecting Counseling Records
131(1)
Health Insurance Portability and Accountability Act
131(2)
Family Educational Rights and Privacy Act
133(1)
Federally Funded Substance Abuse Programs
134(1)
Other Federal Statutes
134(1)
Handling, Storing, and Destroying Records
135(1)
Voluntarily Transferring Records
136(1)
Subpoenas
136(3)
Discovery in Litigation
137(1)
Validity of Subpoenas
137(1)
Interrogatories
138(1)
Appearances at Proceedings
138(1)
Testimony Under Oath
139(1)
Turning Over Records
139(1)
Summary and Key Points
139(2)
Competence and Malpractice
141(28)
Competence as an Ethical and Legal Concept
142(1)
Counselor Preparation Issues
143(1)
Credentialing
144(3)
Licensure
144(2)
Certification
146(1)
Specialties
146(1)
Maintaining Competence
147(4)
Continuing Education
147(1)
Peer Review
147(1)
Information Technologies
148(1)
Making Referrals
148(2)
Diversity Considerations in Counseling Competence
150(1)
Counselor Incompetence
151(3)
Distress, Burnout, and Impairment
151(3)
Malpractice
154(13)
Suicidal Clients
155(2)
Clients Who May Be at Risk for Harming Others
157(7)
A Hypothetical Malpractice Case
164(2)
Real Malpractice Cases
166(1)
Summary and Key Points
167(2)
Boundary Issues
169(24)
Nonsexual Dual Relationships
170(15)
The Potential for Harm
170(2)
The Problematic Nature of Dual Relationships
172(2)
Diversity Considerations
174(1)
Boundary Crossings Versus Boundary Violations
175(2)
The Legal Perspective on Boundary Crossings
177(1)
Specific Boundary Issues
177(7)
Ethical Decision Making
184(1)
Sexual Dual Relationships
185(5)
The Offending Mental Health Professional
186(1)
Harm to Clients
186(1)
Legal Consequences for Offending Counselors
187(2)
Postcounseling Sexual Relationships
189(1)
Sexual Attraction to Clients
189(1)
Counseling Clients Who Have Been Abused by Previous Counselors
190(1)
Summary and Key Points
190(3)
Counseling Children and Vulnerable Adults
193(22)
Counseling Minor Clients
193(15)
Legal Status and Rights of Minors
194(1)
The Rights of Parents
195(4)
Responding to Parents Who Demand Confidential Counseling Information
199(1)
Children at Risk for Harm to Self or Others
200(1)
Release of Records
201(1)
Confidentiality in School Counseling
201(1)
Confidentiality in Consultations
202(1)
Reporting Suspected Child Abuse or Neglect
202(3)
School Violence
205(1)
Dual or Multiple Relationships
206(1)
Diversity Considerations with Minors
207(1)
Vulnerable Adults
208(5)
Elder or Vulnerable Adult Maltreatment
208(3)
Other Issues in Counseling Older Adults
211(1)
Diversity Considerations in Counseling Older Adults
212(1)
Clients Who Have Been Declared Legally Incompetent
213(1)
Summary and Key Points
213(2)
Counseling Families and Groups
215(20)
Family Counseling
215(11)
Informed Consent
216(2)
Client Welfare
218(1)
Risky Techniques
218(1)
Family Violence
219(1)
Privacy and Confidentiality
220(1)
Privileged Communication
220(1)
Family Secrets
221(1)
Divorce and Child Custody
222(2)
Counselor Competence
224(1)
Diversity Considerations
225(1)
Group Counseling
226(7)
Informed Consent
227(1)
Screening
228(1)
Client Welfare and Protection from Harm
229(1)
Privacy and Confidentiality
229(1)
Confidentiality with Minors
230(1)
Privileged Communication
230(1)
Dual Relationships
230(1)
Socializing Among Members
231(1)
Counselor Competence
232(1)
Diversity Considerations in Group Counseling
232(1)
Summary and Key Points
233(2)
Evaluation, Testing, and Diagnosis
235(20)
Evaluation and Assessment
236(2)
Objectivity in Evaluation
236(1)
Client Welfare and Informed Consent
236(1)
Competence in Evaluation
236(1)
The Counselor as Expert Witness
237(1)
Testing
238(10)
Developing and Publishing Tests
238(1)
Test Security
239(1)
Copyright Laws
239(1)
Competence to Test
240(5)
Release of Testing Records
245(1)
Providing Explanations to Clients
245(2)
Diversity Issues in Testing
247(1)
Diagnosis
248(5)
Informed Consent
249(1)
Consulting with Physicians
250(1)
Qualifications to Diagnose
250(1)
Diversity Considerations in Diagnosis
251(1)
Legal Issues in Diagnosis
252(1)
Summary and Key Points
253(2)
Professional Relationships and Private Practice
255(17)
Professional Relationships
255(9)
Employer/Employee Relationships
256(1)
Counselors as Employees
256(3)
Counselors as Employers
259(2)
Confidential Information
261(1)
Referrals
262(1)
Respecting Other Professionals
263(1)
Private Practice
264(7)
Taxes and Business Licenses
264(2)
Business Form
266(1)
Fees for Services
267(1)
Attorney and Accountant Services
268(1)
Professional Liability Insurance
269(1)
Making the Transition
269(2)
Summary and Key Points
271(1)
Technology and Health Care Plans
272(20)
Technology
272(9)
Telephones
272(1)
Answering Machines, Voice Mail, and Answering Services
273(1)
Telephone Pagers
274(1)
Cellular Telephones
274(1)
Facsimile Machines
275(1)
Office Security
275(1)
Computer Storage
275(1)
Electronic Mail Communications
276(2)
Use of the Internet
278(2)
Diversity Considerations in the Use of Technology
280(1)
Health Care Plans
281(10)
State Insurance Laws
281(1)
Types of Health Care Plans
282(1)
Managed Care
282(1)
Counselors as Service Providers
283(1)
Client Privacy
284(1)
Diagnosis
285(1)
Informed Consent
285(1)
Receiving Payment for Services
285(1)
Continuing Treatment and Denial of Services
286(1)
Avoiding Fraud
287(3)
Changing Nature of Health Care Plans
290(1)
Diversity Considerations
290(1)
Summary and Key Points
291(1)
Issues in Counselor Education
292(21)
Counselor Education Programs
292(11)
Informed Consent
292(1)
Admissions
293(1)
Curriculum Issues
294(2)
Evaluation Issues
296(3)
Retention, Dismissal, and Endorsement
299(4)
Faculty and Student Issues
303(8)
Faculty Competence
303(1)
Diversity Considerations
303(1)
Student--Faculty Research Collaboration
304(1)
Personal Relationships Between Counselor Educators and Students
305(4)
Diversity Considerations in Faculty--Student Relationships
309(1)
Relationships Among Students
309(1)
Responsibilities of Students
310(1)
Summary and Key Points
311(2)
Supervision and Consultation
313(19)
Supervision
314(11)
Fair Evaluation
314(1)
Informed Consent
315(1)
Supervision Agreements
315(2)
Supervisor Competence
317(1)
Confidentiality Concerns
318(1)
Supervisory Relationships
318(3)
Accountability and Responsibility
321(1)
Vicarious Liability
321(2)
Supervisor and Supervisee Rights and Responsibilities
323(1)
Diversity Considerations in Supervision
324(1)
Consultation
325(5)
Accountability
325(1)
Consultation Contracts
326(1)
Consultant Competence
327(1)
Safeguarding Consultee and Client Rights
327(2)
The Consultation Relationship
329(1)
Diversity Considerations in Consultation
329(1)
Summary and Key Points
330(2)
Research and Publications
332(17)
Conducting Research
332(7)
Research Roles
332(1)
Research Design
333(2)
Protecting Research Participants from Harm
335(2)
Institutional Review Boards
337(1)
Reporting Results
337(1)
Feedback to Participants
337(1)
Honest and Accurate Reporting of Results
338(1)
Cooperating with Other Researchers
339(1)
Publications
339(8)
Giving Credit to Contributors
339(4)
Submitting Work for Publication Consideration
343(1)
Copyright Laws
343(3)
Contracts
346(1)
Reporting Income
347(1)
Summary and Key Points
347(2)
Resolving Legal and Ethical Issues
349(77)
Legal and Ethical Decision Making
349(1)
Personal Legal Decision Making
349(1)
Personal Ethical Decision Making
350(1)
Responding to Accusations of Unethical or Illegal Behavior
350(3)
Informal Complaints
351(1)
Formal Complaints
352(1)
When You Suspect a Colleague Is Acting Unethically or Illegally
353(8)
Unethical Behavior
353(4)
Illegal Behavior of Others
357(1)
A Complex Case
358(1)
Guidelines for Avoiding Problems
358(3)
APPENDIXES
Appendix A American Counseling Association Code of Ethics and Standards of Practice
361(24)
Appendix B Contact Information
385(1)
Appendix C American Counseling Association Cross-Cultural Competencies
386(3)
Appendix D Association for Specialists in Group Work: Principles for Diversity-Competent Group Workers
389(4)
Appendix E Counseling Disclosure and Agreement Forms
393(8)
Appendix F Client Request Form to Transfer Records
401(1)
Appendix G Clinical Supervision Model Agreement
402(1)
Appendix H APA Record Keeping Guidelines
403(3)
Appendix I Examples of Mandatory Child Abuse Reporting Statutes
406(1)
Appendix J-1 ACA Standards for the Internet
407(3)
Appendix J-2 National Board for Certified Counselors Standards for the Ethical Practice of Web Counseling
410(2)
Appendix J-3 APA Statement on Services by Telephone, Teleconferencing, and Internet
412(1)
Appendix J-4 NCDA Guidelines for the Use of the Internet for Provision of Career Information and Planning Services
413(3)
Appendix J-5 ACES Guidelines for Online Instruction in Counselor Education
416(4)
Appendix K Clinical Supervision Model Agreement
420(2)
Appendix L Ethical Guidelines for Counseling Supervisors
422(4)
References 426(22)
Author Index 448(6)
Subject Index 454

Excerpts

We think you will find it useful to know something about us, the coauthors of this text, and how we came to write this book. Currently, we are both professors in the counseling graduate program at the University of New Orleans. Ted Remley is an attorney with several years of legal experience and also has been a school and community college counselor. Barbara Herlihy has worked as a school counselor and a Licensed Professional Counselor in private practice, and is presently a counselor educator with a special interest in counselor ethics.Although we have been colleagues at the same institution only since 1997, we worked together over a period of many years, coauthoring articles and presenting numerous workshops on law and ethics in counseling. It was through these workshops that the idea for this book was born. The counselors who attended our workshops had much in common, although they practiced in a variety of settings with diverse clientele. They shared a deep and abiding commitment to the welfare of their clients, a desire to stay current with the ethical standards of their profession, and a need to feel competent in dealing with legal issues that arose in their work. At the same time, they sometimes felt overwhelmed by the complex and conflicting demands of situations they encountered. They frequently had difficulty distinguishing between legal and ethical issues. As we worked together in our presentations to these counselors, we found that we very rarely disagreed with each other, but we did bring differing perspectives. Barbara's ethics orientation led her to focus on client welfare and to emphasize protecting the client. Ted, with his legal orientation, helped us to consider another dimension, that of protecting the counselor. We believebothperspectives are important.Because both of us regularly teach graduate courses in professional orientation and ethics, we found ourselves discussing the need for a textbook written specifically forcounselorsthat would address ethical, legal, and professional issues. Thus, out of our backgrounds and shared interests was conceived a textbook that is unique in that it approaches each professional issue in counseling from both an ethical perspective and a legal viewpoint. We believe you will find this integrated approach particularly helpful as you grapple with the complexities inherent in the work of the counselor.We also believe that the best learning is active rather than passive and personalized rather than abstract. We hope that you will actively discuss and even argue the issues that are raised throughout the book and that you will work to develop your own personal stance on these issues. Typical situations and dilemmas that counseling practitioners encounter are presented in each chapter and are depicted in the CD of videotaped vignettes, available separately. We ask you to imagine that you are the counselor in each vignette and attend to what you would think, how you would feel, and what you might do in the situation. In these vignettes, as in real life, there is rarely a single right answer to the counselor's dilemma, so we hope that the vignettes will spark lively discussion.


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