Ethical, Legal, and Professional Issues in Counseling, Updated

by Remley, Theodore; Herlihy, Barbara

• ISBN13: 9780131789616
• ISBN10: 0131789619
• Edition: 2nd
• Format: Paperback
• Copyright: 2007-01-01
• Publisher: Prentice Hall

Summary

Updated to include the new ACA Code of Ethics, this comprehensive volume from two leaing scholars offers an in-depth examination of professional issues in counseling from both an ethical and legal point of view. Difficult issues are address in a straightforward manner, and practical, realistic advice is proffered through vignettes that showcae typical situations and dilemmas faced by practicing counselors. Unique in-depth coverage of legal issues as well as ethics. The only text written by both a lawyer and an expert in ethics, all issues in the text are examined from both a legal and an ethical perspective. [See pages 78, 96-108, 116, and 121-122 for a few examples of the book's coverage of the law.] Integrated coverage of the ethical and legal issues involved in working with diverse clients. The text contains a separate multicultural chapter [Chapter 3] as well as integrated coverage of diversity in every chapter. [See the detailed table of contents for the "Diversity Considerations" section in each chapter.] Accompanying video vignettes. An interactive CD-Rom containing twenty video cases that present realistic counseling challenges involving a variety of clients in numerous and varied settings can be ordered as an adjunct to the text. The CD scaffolds users in the analysis of each of these ethcial dilemmas and then provides the user with feedback to their analysis. Gives prospective counselors a bona fide feel for the actual counseling session--facilitates students' reflection and provides practice in ethical decision making.

Table of Contents

SECTION I: FOUNDATIONS
Introduction	1	(20)
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	15	(1)
Obtaining Legal Advice	16	(2)
Exercising Professional Judgment	18	(1)
Personal Values Systems of Counselors	19	(1)
Summary and Key Points	20	(1)
Professional Identity of Counselors	21	(28)
Philosophy Underlying the Counseling Profession	22	(3)
The Wellness Model	22	(2)
A Developmental Perspective	24	(1)
Prevention and Early Intervention	25	(1)
Empowerment of Clients	25	(1)
Counseling Services	25	(1)
Counselor Preparation Programs	26	(1)
Credentialing	27	(6)
Degree	28	(1)
State License	28	(1)
State Agency Certification	29	(1)
National Voluntary Certification	30	(1)
Program Accreditation	30	(2)
Ethical Standards Related to Credentialing	32	(1)
Evolution of the Counseling Profession	33	(4)
Origins of the Profession	33	(1)
Counseling Psychology	33	(1)
School Counseling	34	(1)
Vocational Rehabilitation Counseling	34	(1)
Counseling as a New Profession	34	(1)
Steps in Becoming a Profession	35	(1)
Progress Toward Professionalization	36	(1)
Professional Associations of Counselors	37	(4)
American Counseling Association	37	(1)
ACA Divisions	38	(2)
ACA State Branches	40	(1)
Other Associations	40	(1)
Current Issues Related to Professional Identity	41	(2)
Specialties Versus One United Profession	41	(1)
Organizational Structure of ACA	42	(1)
CACREP Accreditation of Specialties	42	(1)
Varying State Licensure and Certification Requirements	43	(1)
Legal and Political Issues	43	(2)
Challenges to the Scope of Practice of Counselors	43	(2)
Job Classifications for Counselors	45	(1)
Third-Party Reimbursement	45	(1)
Identity and Professionalism	45	(2)
Counseling and Other Mental Health Professions	45	(2)
Pride in the Counseling Profession	47	(1)
Summary and Key Points	47	(2)
Professional Practice in a Multicultural Society	49	(16)
The Evolution of Multicultural Counseling	49	(1)
Multiculturalism and Ethical Standards	50	(1)
Multicultural Competence and Ethical Practice	51	(7)
Self-Awareness	52	(2)
Knowledge	54	(1)
Skills	55	(3)
Gender Issues	58	(1)
Multiple Cultural Identities	59	(2)
Multicultural Supervision	61	(1)
Protecting Culturally Different Clients from Harm	61	(1)
Clients Who May Be Victims of Illegal Discrimination	62	(1)
Gay and Lesbian Clients and Family Law Issues	63	(1)
Cultural Issues in Crisis Counseling	63	(1)
Summary and Key Points	64	(1)
SECTION II: ISSUES
Client Rights and Counselor Responsibilities	65	(23)
Counselor Responsibilities	65	(11)
Counselor Needs and Values	66	(2)
Resolving Value Conflicts	68	(2)
Client Dependency	70	(1)
Involuntary or Mandated Clients	71	(1)
Counseling Techniques	72	(1)
Interruptions and Termination	73	(3)
Informed Consent	76	(10)
Contract Law	76	(1)
Informed Consent in Medicine	77	(1)
Informed Consent in Mental Health	78	(1)
Written Disclosure Statements	78	(8)
Summary and Key Points	86	(2)
Confidentiality and Privileged Communication	88	(29)
Confidentiality	89	(5)
Origins of Confidentiality	89	(1)
The Rationale for Confidentiality	90	(1)
Counselor Practices and Confidentiality	91	(2)
Ethical Standards and Confidentiality	93	(1)
Privileged Communication	94	(12)
Origins of Privileged Communication	94	(2)
The Rationale for Privileged Communication in Counseling Relationships	96	(9)
Asserting the Privilege	105	(1)
Responding to Subpoenas	105	(1)
Suits for Disclosure	106	(1)
Exceptions to Confidentiality and Privileged Communication	106	(9)
Client Waiver of the Privilege	107	(1)
Death of the Client	107	(1)
Sharing Information with Subordinates or Fellow Professionals	108	(2)
Protecting Someone Who Is in Danger	110	(1)
Counseling Multiple Clients	111	(2)
Counseling Minor or Legally Incompetent Clients	113	(1)
Court-Ordered Disclosures	113	(1)
Legal Protections for Counselors in Disputes	114	(1)
Other Legal Exceptions	114	(1)
Diversity Considerations in Confidentiality and Privileged Communication	115	(1)
Summary and Key Points	116	(1)
Records, Subpoenas, and Technology	117	(33)
Records	117	(19)
Ethical Issues and Standards Related to Records	118	(2)
Legal Requirements	120	(1)
Confidentiality and Privileged Communication Requirements	121	(1)
Purposes of Records	121	(1)
Types of Records Kept by Counselors	122	(3)
Clinical Case Notes	125	(4)
Client Access to Records	129	(1)
Federal Laws Affecting Counseling Records	130	(1)
Health Insurance Portability and Accountability Act	130	(2)
Family Educational Rights and Privacy Act	132	(1)
Federally Funded Substance Abuse Programs	133	(1)
Other Federal Statutes	134	(1)
Handling, Storing, and Destroying Records	134	(1)
Voluntarily Transferring Records	135	(1)
Subpoenas	136	(3)
Discovery in Litigation	136	(1)
Validity of Subpoenas	137	(1)
Interrogatories	138	(1)
Appearances at Proceedings	138	(1)
Testimony Under Oath	138	(1)
Turning Over Records	138	(1)
Technology	139	(9)
Telephones	139	(1)
Answering Machines, Voice Mail, and Answering Services	140	(1)
Telephone Pagers	141	(1)
Cellular Telephones	141	(1)
Facsimile Machines	142	(1)
Office Security	142	(1)
Computer Storage	142	(1)
Electronic Mail Communications	143	(2)
Use of the In Internet	145	(2)
Diversity Considerations in the Use of Technology	147	(1)
Summary and Key Points	148	(2)
Competence and Malpractice	150	(29)
Competence as an Ethical and Legal Concept	151	(1)
Counselor Preparation Issues	152	(1)
Credentialing	153	(3)
Licensure	154	(1)
Certification	155	(1)
Specialties	155	(1)
Maintaining Competence	156	(4)
Continuing Education	156	(1)
Peer Review	157	(1)
Information Technologies	157	(1)
Making Referrals	158	(1)
Diversity Considerations in Counseling Competence	159	(1)
Counselor Incompetence	160	(4)
Distress, Burnout, and Impairment	160	(4)
Malpractice	164	(13)
Suicidal Clients	165	(5)
Clients Who May Be at Risk for Harming Others	170	(4)
A Hypothetical Malpractice Case	174	(2)
Real Malpractice Cases	176	(1)
Summary and Key Points	177	(2)
Boundary Issues	179	(24)
Nonprofessional Interactions or Relationships with Clients	180	(15)
The Potential for Harm	180	(2)
The Problematic Nature of Dual Relationships	182	(2)
Diversity Considerations	184	(1)
Boundary Crossings Versus Boundary Violations	185	(2)
The Legal Perspective on Boundary Crossings	187	(1)
Specific Boundary Issues	187	(7)
The Legal Perspective on Business, Social, or Romantic Relationships with Clients	194	(1)
Ethical Decision Making	194	(1)
Sexual Dual Relationships	195	(6)
The Offending Mental Health Professional	196	(1)
Harm to Clients	197	(1)
Legal Consequences for Offending Counselors	198	(1)
Postcounseling Sexual Relationships	199	(1)
Sexual Attraction to Clients	200	(1)
Counseling Clients Who Have Been Abused by Previous Counselors	200	(1)
Summary and Key Points	201	(2)
Counseling Children and Vulnerable Adults	203	(23)
Counseling Minor Clients	203	(15)
Legal Status and Rights of Minors	204	(1)
The Rights of Parents	205	(4)
Responding to Parents Who Demand Confidential Counseling Information	209	(1)
Children at Risk for Harm to Self or Others	210	(1)
Release of Records	211	(1)
Confidentiality in School Counseling	211	(1)
Confidentiality in Working with Minors in Non-School Settings	212	(1)
Confidentiality in Consullations	212	(1)
Reporting Suspected Child Abuse or Neglect	213	(3)
School Violence	216	(1)
Dual or Multiple Relationships	216	(2)
Diversity Considerations with Minors	218	(1)
Vulnerable Adults	218	(6)
Elder or Vulnerable Adult Maltreatment	219	(2)
Other Issues in Counseling Older Adults	221	(2)
Diversity Considerations in Counseling Older Adults	223	(1)
Clients Who Have Been Declared Legally Incompetent	223	(1)
Summary and Key Points	224	(2)
Counseling Families and Groups	226	(21)
Family Counseling	226	(12)
Informed Consent	227	(2)
Client Welfare	229	(1)
Risky Techniques	230	(1)
Family Violence	230	(1)
Privacy and Confidentiality	231	(1)
Privileged Communication	231	(1)
Family Secrets	232	(1)
Divorce and Child Custody	233	(2)
Counselor Competence	235	(1)
Diversity Considerations	236	(2)
Group Counseling	238	(6)
Informed Consent	238	(1)
Screening	239	(1)
Client Welfare and Protection from Harm	240	(1)
Privacy and Confidentiality	241	(1)
Confidentiality with Minors	241	(1)
Privileged Communication	242	(1)
Dual Relationships	242	(1)
Socializing Among Members	243	(1)
Counselor Competence	243	(1)
Diversity Considerations in Group Counseling	244	(1)
Summary and Key Points	244	(3)
Evaluation, Testing, and Diagnosis	247	(21)
Evaluation and Assessment	248	(2)
Objectivity in Evaluation	248	(1)
Client Welfare and Informed Consent	248	(1)
Competence in Evaluation	249	(1)
The Counselor as Expert Witness	249	(1)
Testing	250	(10)
Developing and Publishing Tests	250	(1)
Test Security	251	(1)
Copyright Laws	252	(1)
Competence to Test	252	(5)
Release of Testing Records	257	(1)
Providing Explanations to Clients	257	(2)
Diversity Issues in Testing	259	(1)
Diagnosis	260	(6)
Informed Consent	262	(1)
Consulting with Physicians	262	(1)
Qualifications to Diagnose	263	(1)
Diversity Considerations in Diagnosis	264	(1)
Legal Issues in Diagnosis	265	(1)
Summary and Key Points	266	(2)
Professional Relationships, Private Practice, and Health Care Plans	268	(29)
Professional Relationships	268	(10)
Employer/Employee Relationships	269	(1)
Counselors as Employees	269	(4)
Counselors as Employers	273	(1)
Confidential Information	274	(1)
Referrals	275	(1)
Respecting Other Professionals	276	(2)
Private Practice	278	(5)
Taxes and Business Licenses	278	(1)
Business Form	279	(1)
Fees for Services	280	(2)
Attorney and Accountant Services	282	(1)
Professional Liability Insurance	282	(1)
Making the Transition	283	(1)
Health Care Plans	283	(11)
State Insurance Laws	285	(1)
Types of Health Care Plans	286	(1)
Managed Care	286	(1)
Counselors as Service Providers	287	(1)
Client Privacy	288	(1)
Diagnosis	288	(1)
Informed Consent	289	(1)
Receiving Payment for Services	289	(1)
Continuing Treatment and Denial of Services	290	(1)
Avoiding Fraud	291	(3)
Changing Nature of Health Care Plans	294	(1)
Diversity Considerations	294	(1)
Summary and Key Points	294	(3)
Issues in Counselor Education	297	(21)
Counselor Education Programs	297	(11)
Informed Consent	297	(1)
Admissions	298	(1)
Curriculum Issues	299	(2)
Evaluation Issues	301	(4)
Retention, Dismissal, and Endorsement	305	(3)
Faculty and Student Issues	308	(8)
Faculty Competence	308	(1)
Diversity Considerations	309	(1)
Student-Faculty Research Collaboration	309	(1)
Personal Relationships Between Counselor Educators and Students	310	(4)
Diversity Considerations in Faculty-Student Relationships	314	(1)
Relationships Among Students	314	(2)
Responsibilities of Students	316	(1)
Summary and Key Points	316	(2)
Supervision and Consultation	318	(20)
Supervision	319	(11)
Fair Evaluation	319	(1)
Informed Consent	320	(2)
Supervision Agreements	322	(1)
Supervisor Competence	322	(1)
Confidentiality Concerns	323	(1)
Supervisory Relationships	324	(2)
Accountability and Responsibility	326	(1)
Vicarious Liability	327	(1)
Supervisor and Supervisee Rights and Responsibilities	328	(1)
Diversity Considerations in Supervision	329	(1)
Consultation	330	(6)
Accountability	331	(1)
Consultation Contracts	332	(1)
Consultant Competence	332	(1)
Safeguarding Consultee and Client Rights	333	(1)
The Consultation Relationship	334	(1)
Diversity Considerations in Consultation	335	(1)
Summary and Key Points	336	(2)
Research and Publications	338	(18)
Conducting Research	338	(10)
Research Roles	338	(1)
Research Design	339	(2)
Protecting Research Participants from Harm	341	(2)
Institutional Review Boards	343	(1)
Reporting Results	344	(1)
Commitments to Participants	344	(1)
Honest and Accurate Reporting of Results	345	(1)
Cooperating with Other Researchers	345	(3)
Publications	348	(6)
Giving Credit to Contributors	348	(1)
Submitting Work for Publication Consideration	349	(1)
Copyright Laws	350	(1)
Contracts	351	(3)
Reporting Income	354	(1)
Summary and Key Points	354	(2)
Resolving Legal and Ethical Issues	356	(72)
Legal and Ethical Decision Making	356	(1)
Personal Legal Decision Making	356	(1)
Personal Ethical Decision Making	357	(1)
Responding to Accusations of Unethical or Illegal Behavior	357	(4)
Informal Complaints	358	(1)
Formal Complaints	359	(2)
When You Suspect A Colleague is Acting Unethically or Illegally	361	(7)
Unethical Behavior	361	(3)
Unwarranted Complaints	364	(1)
Inappropriate Discrimination Against Those Who Have Been Complained Against	365	(1)
Illegal Behavior of Others	365	(1)
A Complex Case	365	(1)
Guidelines for Avoiding Problems	366	(2)
APPENDIXES
Appendix A ACA Code of Ethics and Standards of Practice	368	(21)
Appendix B Contact Information	389	(1)
Appendix C American Counseling Association Cross-Cultural Competencies	390	(3)
Appendix D Association for Specialists in Group Work	393	(4)
Appendix E Counseling Disclosure and Agreement Forms	397	(8)
Appendix F Client Request Form to Transfer Records	405	(1)
Appendix G Clinical Supervision Model Agreement	406	(1)
Appendix H Guidelines for Counseling Case Notes	407	(1)
Appendix I Examples of Mandatory Child Abuse Reporting Statutes	408	(1)
Appendix J-1 American Counseling Association: Standards for the Internet	409	(3)
Appendix J-2 National Board for Certified Counselors Standards for the Ethical Practice of WebCounseling	412	(2)
Appendix J-3 APA Statement on Services by Telephone, Teleconferencing, and Internet	414	(1)
Appendix J-4 NCDA Guidelines for the Use of the Internet for Provision of Career Information and Planning Services	415	(3)
Appendix J-5 ACES Guidelines for Online Instruction in Counselor Education	418	(4)
Appendix K Clinical Supervision Model Agreement	422	(2)
Appendix L Ethical Guidelines for Counseling Supervisors	424	(4)
References	428	(23)
Author Index	451	(6)
Subject Index	457