Running head COUNSELOR ETHICS 1PAGE .docx
- 1. Running head: COUNSELOR ETHICS 1 PAGE 7 COUNSELOR ETHICS Counselor Ethics and Responsibilities Grand Canyon University: PCN 505 Dr November 15, 2017 Counselor Ethics and Responsibilities To be a successful counselor and abide within the ethical and legal guidelines, counselors must take into consideration what is involved in providing sound and ethical judgements. Being a counselor should not be taken lightly, someone is trusting us to provide them with the best care possible and assist in finding solutions that will possibly work for the betterment of their livelihood. Counselors must ensure that their clients confidentiality will not be misused and counselor’s guarantee that appropriate measures are in place to provide a professional, safe, nonjudgmental environment. Client Rights Principles of Ethical Practice There are five key principles of ethical practices, and Davis
- 2. and Miller (2014), references Kitchener (2000) models on the following five principles: a.) Autonomy addresses the concept of independence. Counselors should make sure they are not pushing their own values and beliefs onto clients, but rather encourage them to make their own decisions and act within their values. He/She would ensure clients fully understand how their differences may affect others whether positive or negative. He/She would also ensure they are competent to understand the choices they are making are theirs without any other influences. Clients who are children or persons with mental limitations, he/she need to make sure they have a well-informed, competent adult making decisions in their best interest. b.) Nonmaleficence is the concept of not causing harm to others. Professionals should ensure clients are positively engaged during sessions and are not misconstruing information given to them. c.) Beneficence shows the responsibility of the counselor contributing to the safety of the client. Incorporate positive outlooks and thinking in sessions. Periodically asking clients about their feelings, depending on the circumstances to make sure they have no intentions on harming themselves and be proactive when necessary. d.) Justice in counseling means “treating equals equally and unequals unequally” (Davis & Walker, 2016). If I am providing services to two clients who are depressed. One is depressed and suicidal and the other client is not, more attention would be devoted to the client who is suicidal, and the proper steps would be taken to ensure the client does no harm to himself. e.) Fidelity includes being, loyal, faithful and committed. Maintaining and having trust within the client-counselor relationship is crucial to successful progress, once that trust is broken, the client may leave and seek treatment elsewhere, or
- 3. worse harm themselves or others. Clients need to be able to talk to about their feelings no matter how bad they think their situation is. (Davis & Miller, 2016). Informed Consent Process Informed consent process involves the clients right to informed about their therapy to make decisions pertaining to it (Corey, Corey, Corey & Callahan 2015 p.154). clients must give consent to have information released pertaining to treatment and it must be presented concisely for the client to fully understand (2015). 2. a.) Billing at the beginning of treatment provides the client with an idea of the cost of treatment, how many sessions insurance will cover and how reimbursement will work. They are aware of what information will be shared to insurance companies and how their information will be used (Corey, Corey, Corey and Callahan 2015, p.161). An example of this would be a time when me and my husband attended a counseling session, we were not informed about how insurance reimbursement would work and what they would cover, we went back and forth to get the situation resolved and eventually left the practice. ACA ethics code B.1.b-c states informed consent documents should include the route counselors should take for nonpayment of fee’s if the counselor plans to use outside agencies to collect fees (2014). According to Cantor, clients have the right to not disclose the relationship with their mental health and substance abuse professional, unless laws state otherwise. Counselors are only allowed to disclose information concerning the client, such as treatment and length of time it may be needed, diagnosis and prognosis (1998). b.) The Health and Insurance Portability and Accountability Act (HIPPA) provides consumers the rights to privacy and
- 4. protection in regard to their health information and how it is being used (U.S Department of Health and Human Services, 2016). Compliance comes into play allowing the provider to communicate with relatives or other persons directly involved in the patients care. Provider’s can discuss an adult patient’s information with their parent’s or other family members as long as the patient allows (2016). Under certain circumstances, information may be disclosed about the patient’s condition if they are not in the mental state to make sound judgements. The treating clinician may provide disclosure to those involved in the patient’s care (U.S. Department of Health and Human Services, 2016). c.) Clinicians are to have in place informed consent practices to ensure clients are aware of their rights. Informed consent involves the right of clients to be informed about their therapy and to make autonomous decisions pertaining to it (Corey, Corey, Corey & Callahan 2015, p.154). The informed consent document defines boundaries and clarify the nature of the basic counseling relationship between the counselor and the client. Information presented to the client by the counselor should be conveyed in a way that clients understand. Clients should be made aware that counselors who work in a managed care system should be informed how their information could affect them before agreeing to treatment. These process gives clients a chance to ask questions and understand what is allowed pertaining to their treatment (pp. 155-157). Responsibility to Warn and Protect Mental health professionals have an obligation to ensure clients are protected from harming themselves or others, known as duty to protect and duty to warn (Corey, Corey, Corey & Callahan 2015, p. 221). Duty to protect and warn emerged from the Tarasoff v. Board of Regents of the University of California in 1974 in which Tatiana Tarasoff was killed by another student who relayed to his psychotherapist that he would kill her when she returned to school. The school was sued by her parent’s and
- 5. it was ruled that the psychotherapist was negligent in warning the victim (Ivers & Perry, 2014). Factors indicating when there is a duty to warn and protect includes a threat or risk of death or physical harm is displayed (2014). When determining whether a duty to warn or protect exists, it is identified as mandatory or permissive. Mandatory states that human service professional must take steps required under the statue whereas Permissive states a human service professional may decide to breach the client’s confidentiality and notify a third party, but legally have no obligation to do so (Ivers & Perry, 2014). South Carolina code of law Section 42-22-90 states the laws are permissive when it comes to fulfilling the duty to warn or protect (SC Code of Law, 1991). Client Record Keeping The way in which counselors maintain records are set forth by regulatory bodies, depending on the setting and the therapist’s settings determines how detailed clients record will be. Adequate record keeping is essential to lowering the risk of malpractice suits and if done correctly, allows the counselors to respond to the licensing board in a successful manner (Corey, Corey, Corey, & Callahan 2015 p. 171). The ACA Section B.6.a. “state counselors create and maintain records and documentation necessary for rendering services”. Section B.6.b “ensures that counselors records and documentation kept in any medium are secure and only authorized persons have access” (ACA, 2014 pp.8-9). Clients have the right to know and understand what is in their file pertaining to the treatment they are receiving. Section B.6.e. states when asked to see their file, counselors are to assist the client in helping them understand and interpret records. Section B.6.f. “Reasonable access is granted if the client is competent, but they are also limited to what they have access to when there is compelling evidence it could cause harm” (ACA, 2014 p8). “A client’s clinical record is not a place for the counselor to document
- 6. personal opinions or reactions about the client” (Corey, Corey, Corey & Callahan 2015, p.168). Self-Care The counseling profession is one with high demands, outside of counseling others, we have our own lives and family to take care of. Taking care of ourselves is beneficial to not only us, but our clients as well. We become exhausted and this does more harm than good and at some we are stretched thin. Being competent in this profession allows us to be fully aware of what we are relaying to clients. Section C, Professional Responsibility in the ACA code of ethics, states counselors should monitor how effective they are and take steps to improve when necessary. We should also seek consultation from other colleagues to get tips on how effective we have been as counselors. If we feel ourselves become impaired for whatever reason that may not allow us to perform to the standards set forth by code of ethics, counselors should seek assistance and not resume their duties until they feel competent enough to do so (2014). I plan to maintain a healthy balance by keeping my work separate from my personal life. This may be difficult to do since there may be clients that we simply are not able to forget. I know many professionals who bring their work home and eventually it can be detrimental to our health with the constant reminders of what was said to us by clients. I would set goals for things I would want to do after work such as family date nights or going to the gym. Some self-care activities I have engaged in the past and continue today are journal writing, enjoying a good book, Birkham yoga and massages. I would love to do acupuncture, I have read of the many great benefits and have friends who have recommended it. I have considered cooking classes as a fun way to hang out with my husband or participating in “sip and paint”. Ballroom dancing is something I would love to try, but nervous about doing so. To avoid impairment, if I feel myself becoming overwhelmed, exhausted or not wanting to report to work, I would seek advice from
- 7. another colleague and possibly take a few days off if permitted. As always, I would take the steps to make sure my clients are not at risk of being abandoned. I personally believe it should be a requirement for counselors to be counseled. This would be a way we can deal with what happens on a daily basis, on issues we encounter in therapy. It would allow us to get things off our chest before it builds up and become problematic. Advocacy The American Counseling Association (ACA) has ways that members can get involved. There are several bills being introduced into Congress that potentially will have an impact on both providers and clients. Members can email their senator or congressman expressing their concerns and telling them why they should vote against or for a bill. This allows the member to not only be active but rather proactive in the decision-making process with legislations. This process includes a way for professional counselors to be heard and make the senate aware they all stand together and will advocate for the rights of their clients. Counselor Values Two of the issues I feel strongest about are Assisted Suicide and Extramarital Affairs. Assisted Suicide is a topic that many have conflicting views about. Having several friends and family members who have passed away or dealt with the pain of cancer. I can understand how a person may no longer want to continue through the agony if doctor’s have done everything they could. It sounds like her mind is made up with wants she wants to do regardless of the circumstances. I understand her being torn between telling or not telling her family. Depending on the state, assisted suicide maybe either legal or illegal. I would be uncomfortable assisting her because this is a sensitive topic. Section I.1.b. states when faced with an ethical dilemma, counselors document, as
- 8. appropriate, an ethical decision-making model that includes consultation, relevant ethical standards, principles and laws, generation of potential courses of action, deliberation of risks and benefits and selection of an objective decision based on the circumstances and welfare of all involved (ACA, 2014). I would inform my client that is not my area of expertise concerning assisted suicide and I would feel comfortable referring her to someone who may be better to assist her. Marriage is a commitment that involves hard work and dedication to each other. I would make sure to not impose on them my views of marriage values and beliefs as stated in Section A.4.b. (ACA, 2014). I would have them work on other areas in their marriage and focus on topics such as love, time, communication, and listening. In conclusion, the counseling profession is not for everyone, you must have a desire to help those during their most challenging times. Not everyone we encounter are going through something traumatic, then there are those that just need a little help getting through life. We must also remember there are some people who we would not be able to get through too and may need additional help or services. If we choose to provide to services to a client in an area we have no experience in, it does more harm than good and will eventually damage the relationship. Continuing to educate ourselves and becoming competent in an area in which we desire is beneficial to not only us, but future clients as well. We must remember to take care of ourselves in the process and know when to scale back and focus on our own problems. References American Counseling Association (2014). ACA Code of Ethics. Alexandria, VA: Author Retrieved from https://www.counseling.org/resources/aca-code-of-ethics.pdf
- 9. Corey, C., Corey, G., Corey, M. & Callahan, P. (2015). Client Rights and Counselor Responsibilities. Issues and Ethics In The Helping Professions (9). Stamford, CT: Cengage Learning. Corey, C., Corey, G., Corey, M. & Callahan, P. (2015). Confidentiality: Ethical and Legal Issues. Issues and Ethics In The Helping Professions (9). Stamford, CT: Cengage Learning. Cantor, D. (1998). Achieving a Mental Health Bill of Rights. Professional Psychology: Research and Practice (29) 4 http://dx.doi.org.lopes.idm.oclc.org/10.1037/0735- 7028.29.4.315 Davis, T., & Miller, H.F. (2016). A Practitioner’s Guide to Ethical Decision Making. (revised edition) Retrieved from https://www.counseling.org/docs/default- source/ethics/practioner's-guide-to-ethical-decision- making.pdf?sfvrsn=0 Ivers, N.N. & Perry, R.L. (2014). A Time to Tell? Legal Issues Regarding the Duty to Warn and Protect. Journal of Human Services, (1) 70 Retrieved from https://lopes.idm.oclc.org/login?url=http://search.ebscohost.com /login.aspx?direct=true&db=edsgao&AN=edsgcl.418846148&sit e=eds-live&scope=site Kitchener, K.S. (2000). Foundations of Ethical Practice, Research and Teaching in Psychology. Retrieved on November 13, 2017 https://lopes.idm.oclc.org/login?url=http://search.ebscohost.com /login.aspx?direct=true&db=nlebk&AN=24269&site=ehost- live&scope=site&ebv=EB&ppid=pp_22 South Carolina Legislature (1991). Rights of Mental Health Patients. South Carolina Code of Laws. Retrieved on November 13, 2018 from http://www.scstatehouse.gov/code/t44c022.php U.S. Department of Health and Human Services (2016). Health Information and Privacy. Retrieved from https://www.hhs.gov/hipaa/for-professionals/special- topics/mental-health/
- 10. Topic 4: Counselor Ethics and Responsibilities Assignment Guidelines Directions: Follow the directions below to write a paper of 1,750-2,100 words on counselor ethics and responsibilities. Provide a thoughtful response to each of the following sections, including specific, concrete examples to illustrate your ideas. Use the section headings provided below to separate each section of your paper. Your final deliverable should be one cohesive paper addressing all six sections along with an introduction and conclusion. Part One: Please note that part one must be written in the third person. Section 1: Client Rights 1) Describe how you will incorporate the following five principles of ethical practice in order to maintain your clients' rights. a) Autonomy b) Nonmaleficence c) Beneficence d) Justice e) Fidelity 2) Discuss the informed consent process and how it protects client rights including: a) Billing b) Right to Privacy c) HIPAA compliance d) Compliance with credentialing board requirements for
- 11. incorporating informed consent into practice Section 2: Responsibility to Warn and Protect Identify the factors that you will consider in order to determine your “duty to warn” and “duty to protect” responsibilities as a counselor. Be sure to consider ethical guidelines as well as the laws pertaining to the "duty to warn" and "duty to protect" in the state in which you plan to practice. Section 3: Client Record-Keeping Discuss the role of client record keeping in protecting the following: a) a client's right to a professional standard of care b) the counselor from liability Part Two: Please note this section can be written in the first person. Section4: Self-care After reading the introduction of Section C “Professional Responsibility” in the ACA Code of Ethics discuss the following: 1. What does the ACA Code of Ethics say about self-care? 2. How do you plan on maintaining a healthy balance between your professional and personal life? 3. What healthy self-care activities have you engaged in in the past or present? 4. What healthy self-care activities have you considered but haven’t yet implemented? 5. What are some red-flags suggesting that you may need to address personal issues to avoid personal impairment? 6. How do you feel about counselors being counseled? Some programs require it. Do you agree with that concept? Section 5: Advocacy Go to the American Counseling Association (Government Affairs > Take Action)
- 12. (https://www.counseling.org/government-affairs/actioncenter) to find a way to advocate for the counselors and the counseling profession at the governmental level. Summarize how you can get involved (approx. 100 words). Section 6: Counselor Values 1) Select two of the following issues you feel strongest about from the following: a) Abortion. (A 19-year-old rape victim wants an abortion, but her parents are vehemently opposed to abortion on religious grounds and have stated that they will no longer consider her their daughter if she proceeds. The young woman is firm in her plans, but wants your help in changing her parents’ attitudes.) b) Gay adoption. (John and Bill, after living in a committed relationship for 7 years, decide that they want to begin a family. They have differing opinions about whether to use a surrogate mother or adopt a child.) c) Assisted suicide. (Eleanor, an 87-year-old with terminal cancer, has decided to end her life but is undecided about how to discuss this with her family, or if she should discuss it with them at all. She seeks your guidance in this decision, but is not interested in revisiting her decision to end her life.) d) Extramarital affairs. (Both spouses in a couple you are counseling are having affairs, which they claim are not contributing in any way to their current marital difficulties. They want your help in strengthening their marriage but they are both committed to the “open marriage” concept that does not require sexual monogamy.) 2) Describe your personal values and attitudes towards the selected issues as well as how you would counsel the client in each situation you selected. HINT: Make sure you reference ethical codes from ACA, NBCC, or NAADAC. © 2016. Grand Canyon University. All Rights Reserved. © 2016. Grand Canyon University. All Rights Reserved.
- 13. Running head: ASSIGNMENT TITLE HERE 1 2 ASSIGNMENT TITLE HERE Typing Template for APA Papers: A Sample of Proper Formatting for the APA 6th Edition Student A. Sample Grand Canyon University: <Course> <Date> <Note: Even though APA does not require the date on a title page, it is a requirement for GCU papers.> Typing Template for APA Papers: A Sample of Proper Formatting for the APA 6th Edition This is an electronic template for papers written in APA style (American Psychological Association, 2010). The purpose of the template is to help the student set the margins and spacing. Margins are set at 1 inch for top, bottom, left, and right. The type is left-justified only—that means the left margin is straight, but the right margin is ragged. Each paragraph is indented five spaces. It is best to use the tab key to indent. The line spacing is double throughout the paper, even on the reference page. One space is used after punctuation at the end of sentences. The font style used in this template is Times New Roman and the font size is 12.
- 14. First Heading The heading above would be used if you want to have your paper divided into sections based on content. This is the first level of heading, and it is centered and bolded with each word of four letters or more capitalized. The heading should be a short descriptor of the section. Note that not all papers will have headings or subheadings in them. First Subheading The subheading above would be used if there are several sections within the topic labeled in a heading. The subheading is flush left and bolded, with each word of four letters or more capitalized. Second Subheading APA dictates that you should avoid having only one subsection heading and subsection within a section. In other words, use at least two subheadings under a main heading, or do not use any at all. When you are ready to write, and after having read these instructions completely, you can delete these directions and start typing. The formatting should stay the same. However, one item that you will have to change is the page header, which is placed at the top of each page along with the page number. The words included in the page header should be reflective of the title of your paper, so that if the pages are intermixed with other papers they will be identifiable. When using Word 2003, double click on the words in the page header. This should enable you to edit the words. You should not have to edit the page numbers. In addition to spacing, APA style includes a special way of citing resource articles. See the APA manual for specifics regarding in-text citations. The APA manual also discusses the desired tone of writing, grammar, punctuation, formatting for numbers, and a variety of other important topics. Although the APA style rules are used in this template, the purpose of the template is only to demonstrate spacing and the general parts of the paper. The student will need to refer to the APA manual for other format directions. GCU has prepared an APA Style Guide
- 15. available in the Student Writing Center for additional help in correctly formatting according to APA style. The reference list should appear at the end of a paper (see the next page). It provides the information necessary for a reader to locate and retrieve any source you cite in the body of the paper. Each source you cite in the paper must appear in your reference list; likewise, each entry in the reference list must be cited in your text. A sample reference page is included below; this page includes examples of how to format different reference types (e.g., books, journal articles, information from a website). The examples on the following page include examples taken directly from the APA manual. References American Psychological Association. (2010). Publication manual of the American Psychological Association (6th ed.). Washington, DC: Author. Daresh, J. C. (2004). Beginning the assistant principalship: A practical guide for new school administrators. Thousand Oaks, CA: Corwin. Herbst-Damm, K. L., & Kulik, J. A. (2005). Volunteer support, marital status, and the survival times of terminally ill patients. Health Psychology, 24, 225-229. doi:10.1037/0278- 6133.24.2.225 U.S. Department of Health and Human Services, National Institutes of Health, National Heart, Lung, and Blood Institute. (2003). Managing asthma: A guide for schools (NIH Publication No. 02-2650). Retrieved from http://www.nhlbi.nih.gov/ health/prof/asthma/asth_sch.pdf