4.2 WHAT ARE THE ETHICS? Counseling is not a value free or neutral activity rather itis a profession based on values which are orienting beliefs about what is good and how that good should be achieved. On the basis of the values, counselors and clients take directions in the counseling process and make decisions. Counselors are guided in their thoughts and actions by moral values, professional and personal ethics. and legal precedents and procedures. Counselors who are not aware of their values, ethics and legal responsibilities as well as those of clients they can cause harm to their clients despite their good intentions. It is, therefore, vital for counselors to have knowledge of professional counseling guidelines. Ethical counselors display care and wisdom in their practice. ‘The tetm is often used synonymously with morality, in some case the two terms overlap. Both deal with what is good and bad or study of human conduct and values. Yet each has a different meaning. Kitchener (1986): Ethics involves “making decisions of a moral nature about people and their interaction in the society”. Van Hoose (1985): Ethics is generally defined as a philosophical discipline that is concerned with human conduct and moral decision making. Ethics are normative in nature and focus on principles and standards that govern relationship between counselors and clients. Morality, on the other hand, involves judgment and evaluation of action. It is associated with such words as good, bad, right, vitong, ought and should (Brandt, 1959). 4.2.1 Reasons for Ethical Codes Ethical standards exist for many reasons. They are designed to provide some guidelines for the professional behaviour of members. One of the primary reasons is that ‘without a code of established ethics, a group of people with similar interests can not be considered a professional organisation” (Allen, 1986). Van Hoose and Kottler(1985) offer three reasons for the existence if ethical codes: Ethical standards protect the profession from the government. They allow the profession to regulate itself and function autonomously. Ethical standards help control internal disagreement and bickering, thus promoting stability within the profession. Ethical standards protect practitioners from the public. Especially in malpractice cases. If professionals behave according to ethics, the behaviour is judged to be in compliance with the standards. In addition, these provide clients with some protection from incompetent counselors. Certain other reasons are 1) Ensuring competent professional behaviour2) Responsibility to public trust 3) Professionals monitor their own and other members’ professional behaviour 4) Controversies over the development of ethical codes 5) Ethical dilemmas 6) Character and virtue 7) ACAEthics code 8) Aspirations and Guidelines, 9) Standards 4.3 ETHICAL PRINCIPLES OF COUNSELING Kitchener (1984) has identified five moral principles which often help to clarify the issues involved ina given situation. The five principles are: autonomy, justice, beneficence, non-maleficence. 1) Being trustworthy (fidelity): It involves the notions of loyalty, faithfulness, and honoring commitments. Being trustworthy is regarded as fundamental to understanding and resolving ethical issues. Practitioners who adopt this principle: act in accordance with the trust placed in them; stsive to ensure that clients’ expectations are ones that have reasonable prospects of being ‘met; honor their agreements and promises; regard confidentiality as an obligation arising from the client's trust: restrict any disclosure of confidential information about clients to furthering the purposes for which it was originally disclosed. 2) Autonomy: The essence of this principle is allowing an individual the freedom of choice and action. This principle emphasises the importance of developing a client's ability to be self-directing within therapy and all aspects of life. It addresses the responsibility of the counselor to encourage clients, when appropriate, to make their own decisions and to act on their own values. There are two important considerations in encouraging clients to be autonomous. First, helping the client to understand how their decisions and their values may or may not be received within the context of the society in which they live, and how they may impinge on the rights of others. The second consideration is related to the client’s ability to make sound and rational decisions. The principle of autonomy opposes the manipulation of clients against their will, even for beneficial social ends. 3) Beneficence: The principle of beneficence means acting in the best interests of the client based on professional assessment. Beneficence reflects the counselor’s responsibility to contribute to the welfare of the client. Simply stated it means to do good, to be proactive and also to prevent harm when possible (Forester-Miller & Rubenstein, 1992). It directs attention to working strictly within one’s limits of competence and providing services on the basis of adequate training or experience. There is an obligation to use regular and on-going supervision to enhance the quality of the services provided and to commit to updating practice by continuing professional development. An obligation to act in the best interests of a client may become paramount when working with clients whose capacity for autonomy is diminished Ethics ixtion because of immaturity, lack of understanding, extreme distress, serious disturbance or other significant personal constraints. Non maleficence: Nonmaleficence is the concept of not causing harm to others. Often explained as “above all do noham”, this principle is considered by some to be the most critical of all the principles, even though theoretically they are all of equal weight (Kitchener, 1984; Rosenbaum, 1982; Stadler, 1986). This principle reflects both the idea of not inflicting intentional harm, and not engaging in actions that risk harming others (Forester-Miller & Rubenstein, 1992). Non-maleficence involves avoiding sexual, financial, and emotional or any other form of client exploitation; avoiding incompetence or malpractice; not providing services when unfit to do so due to illness, personal circumstances or intoxication. The practitioner has an ethical responsibility to strive to mitigate any harm caused to a client even when the harm is unavoidable or unintended. Justice: The principle of justice requires being just and fair to all clients and respecting their human rights and dignity. Justice does not mean treating all individuals the same. Kitchener (1984) points out that the formal meaning of justice is “treating equals equally and unequals unequally but in proportion to their relevant differences” (p.49). It directs attention to considering conscientiously any legal requirements and obligations, and remaining alert to potential conflicts between legal and ethical obligations. Practitioners have a duty to strive to ensure a fair provision of courselling and psychotherapy services, accessible and appropriate to the needs of potential clients. Ifan individual is to be treated differently, the counselor needs to be able to offer a rationale that explains the necessity and appropriateness of treating this individual differently. Self Assessment Questions 1) Differentiate between ethics and morality. 2) Explain the importance of having ethical code.What are Legal Issues? There are college courses devoted exclusively to legal and ethical issues in the field of counseling. What are legal issues? Legal issues can be defined as problems that need an outcome requiring the decision of a court, often regarding either a particular resolution or settlement. Legal issues can be construed as either criminal or civil issues and may lead to consequences for an individual, such as jail time, fines, or other repercussions. Legal issues can be identified by looking at laws that relate to the issue being considered. Some legal issues brought about by the field of counseling and other mental health professions have led to outcomes in certain court cases where existing laws were made or changed, like in the example of the Tarasoff case, which will be addressed later in this lesson. a To unlock this lesson you must be a Study.com Member. Create your account ERT ®study.comEthical, Legal, and Professional # Issues in Counseling Ethical, legal, and professional issues in counseling refer to issues that arise in the social services field that need to be considered from a legal and/or ethical approach. Counseling supervision is helpful when these issues present because counselors can get helpful feedback on how to legally and/or ethically handle certain issues. The best way for counselors to avoid potential legal and/or ethical issues is to take proper heed to avoid these potential issues, by: being properly credentialed, considering the work being performed as a counselor. maintaining confidentiality, aside from certain instances where it must be broken. observing the duty to warn if a client is suspected to consider causing bodily harm to another individual. keeping privileged communication, which is a legal term that protects client information. knowing when to report child abuse. keeping and maintaining well-detailed client records.Credentialing Credentialing is a very important practice in the field of counseling as well as many other careers in the field of human services. Credentialing practices help to stop ill- trained individuals from practicing as counselors and potentially harming those they attempt to treat. In most states in the United States, counselors must have at least a master's degree, pass a national exam, and have state licensure in order to privately practice as counselors. This differs if the counselor works for certain types of agencies, such as nonprofits, schools, and state or national entities. Although each state has its own requirements, most require at least a master's degree in counseling. In most states, counselors must pass the National Counselor Examination (NCE) and complete an internship and/or a specified amount of supervised field experience. Some states also have additional exams. After completing the state's requirements, the candidate can apply for licensing. Licenses will need to be renewed after a specifiedLesson Summary a Legal issues refer to issues that rely on the outcome put forth by a court of law, and may be criminal or civil in nature. In order to avoid potential ethical and/or legal issues in counseling, it is best to take proactive measures to prevent such issues from occurring. Proper credentialing is important for counselors because this protects the public from being treated by someone who is not versed in the scope and practice of therapy. Counselor licensure is required by each state for counselors to work in the private practice setting. Confidentiality concerns written and verbal communications that are kept confidential, or private. There are certain instances when confidentiality needs to be broken, such as when there is a duty to warn another party of potential bodily harm, or when child abuse is occurring. Specific laws concerning child abuse vary by state. Duty to warn helps to protect the client, their family members, and others in their lives, as well as the threatened party. Privileged communication is a legal term that protects clients' information in regard to subpoenas to testify in court. Keeping well-documented client records, which are records of client progress that belong to therecords of client progress that belong to the client, is another practice counselors need to see in order to keep the possibility of legal or ethical problems at bay. Client records are forms of privileged a To unlock this lesson you must be a Study.com Member. Create your account Video Transcript Credentialing As a counselor, it is vitally important to be aware of legal issues pertaining to counseling practice. Lack of knowledge could result in lawsuits and legal actions. In this lesson we will be discussing counselor credentialing, client's rights, privileged communication, and confidentiality. First of all, licensure is issued by the state to protect the public from unqualified and untrained practitioners. Passage of a state licensure law restricts or prohibits thepractice of counseling by individuals not meeting state-determined qualification standards. To practice as a private practice counselor a license is required. All states require the counselors practicing within the state be licensed, except for school counselors and counselors working in local, state, and federal agencies, and nonprofit organizations. Other counselors are certified, such as school counselors and substance abuse counselors that are certified by the state. National counselor certification is voluntary, and is not required to practice, but does add to a counselor's credibility. Confidentiality Confidentiality is the counselors ethical duty to protect private client communication. Confidentiality is a complicated concept because of its exceptions and because it effects both legal and ethical situations. In most situations, the counselor is expected to maintain confidentiality. Counselors should always try to maintain confidentiality because it will affect the relationship the client has with the counselor. The counselor should let the client know prior to beginning therapy when confidentiality has to be broken and that this will not happen unless absolutelynecessary. The counselor should always get this consent from the client in writing. The counselor should breach confidentiality in cases where the client is a threat of danger to themselves or others, property, or suspected child abuse. In cases where the counselor is not covered by privileged communication, as in school counseling, the counselor may have to testify in court and produce records. Counselors need approval from clients in cases where interns are being supervised or where a counselor is consulting with another counselor. An intern should not use a client name and should protect the client anonymity in any way they can. The client can share confidential information at any time. Breaching confidentiality in the absence of an exception could result in ethical and legal sanctions, including loss of license, certifications, and a possible malpractice suit. Duty to Warn A licensed counselor has many legal issues to consider. Breaching confidentiality becomes necessary when the counselor has a duty to warn or an ethical duty to protect the client and others from harm. The counselor must take measures to protectthe client or anyone they may put in danger. This breach of confidentiality is allowed, in order to inform family members, persons threatened, or the authorities when a person puts themselves or others in danger. It also may be necessary to have the person hospitalized or involuntarily committed when they may harm themselves. It is important that the counselor evaluate the situation accurately. Counselors are responsible for notifying potential victims of violence to others or their property. Over reacting may do damage to the client, and at the least cause damage to the relationship between counselor and client. The counselor could face a malpractice suit for breaching confidentiality if it was not necessary for people's safety. Failure to report when the counselor should may also result in lawsuits and legal consequences. Reporting Child Abuse In addition to duty to warn, counselors have a mandated responsibility to report cases of suspected abuse or neglect to a government agency. Confidentiality is overridden by the need to protect the child. Although all states have statutes regarding the duty to report, the statutes may differ, so it is the responsibility of the counselor to—— eS eee — find out what their state requires. Mandatory abuse reporting laws have protective clauses that protect counselors FAQ What are examples of legal “a issues? Legal issues are issues that are dependent on an outcome in a court of law or issues that need to be examined from a legal standpoint. Examples of legal issues in counseling include duty to warn, practicing without proper credentials, and privileged communication.