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Ethical, Legal, and Professional Issues in Counseling, Updated,9780131789616
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Ethical, Legal, and Professional Issues in Counseling, Updated

by ;
Edition:
2nd
ISBN13:

9780131789616

ISBN10:
0131789619
Format:
Paperback
Pub. Date:
1/1/2007
Publisher(s):
Prentice Hall
List Price: $86.00
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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


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