Ethical Issues in Counseling Practice

What is an Ethical Code?

- Codes of ethics provide a framework for professional behavior and responsibility and serve
as a means for establishing professional identity.
- Mandatory Ethics
- Aspirational Ethics
- Positive Ethics

Major Ethical Considerations in Counseling

PUTTING CLIENT’S NEEDS BEFORE YOUR OWN

- The counselor’s primary responsibility is the welfare of the client.
- Remember that our top priority is our client’s welfare therefore we have to terminate the
therapy if it is doing more harm than good.
- We do not conduct counselling or psychotherapy if we are physically, mentally or
emotionally unfit to do so.

THE RIGHT OF INFORMED CONSENT

- We discuss with our clients the nature and anticipated course of the therapy, potential
risks or conflicts of interest, commitments and limits of confidentiality.
- It requires counselors to provide each client with an overview of what counseling will entail
so that the client can decide whether to participate.

CONFIDENTIALITY
- Client must feel safe in disclosing information for the counseling to be effective.
- There are two purposes for confidentiality:
- protecting the client from the social stigma often associated with being in therapy
- promoting the client’s vital rights that are integral to the client’s welfare.
- Psychotherapists should also discuss to their clients the limitations on confidentiality.
- The major exception to the principle of confidentiality is when client pose a clear and
imminent danger to themselves or others such as a client who threatens to commit suicide
or kill someone.

NO Confidentiality
- Danger to self or others
- Child abuse
- Abuse of elderly
- Abuse of Dependent Adults

RECORD KEEPING
- We keep appropriate records with our clients and protect them from unauthorized
disclosure unless regulated by the law.

TARASOFF AND THE DUTY TO WARN

- The Tarasoff case set the legal precedent, clinical psychologists have understood
that there are limits to their confidentiality agreements with clients and they have a
duty to warn people toward whom their clients make credible, serious threats
- Development of duty to warn

PRIVILEGE COMMUNICATION
- It refers to legal protection for clients, preventing a counselor from disclosing confidential
communication in court without their permission.
- The client owns and controls the privilege and can therefore determine whether or not a
counselor may disclose confidential information in a court or law.
 The following are the exceptions to the exercise of privilege communication (Corey, Corey
and Callanan, 1998):
1. When a counselor is acting in a court-appointed capacity such as conducting a
psychological examination.
2. When a counselor determines that a client has a high risk of suicide.
3. When a client initiates a law suit against a counselor
4. When a client uses a mental condition as a claim or defense in a civil action.
5. When a counselor suspects that a client under the age of 16 is the victim of a crime such
as child abuse or neglect.
6. When a counselor determines that a client requires hospitalization for a mental or
psychological disorder.
7. When a client reveals intent to commit a crime or is assessed to be dangerous to the self
or others.

MALPRACTICE AND COMPETENCE

- It is an act or omission by a counselor that is inconsistent with reasonable care and skill
used by other reputable counselors and that results in injury to the client.
- Knapp (1980) notes that courts do not assume that malpractice exist if a counselor has
made a mistake in judgment, since it is possible to make such a mistake and still exercise
reasonable care.

Professional Competence
- Most common situations in which legal problems are most likely to occur.
- Administering drugs
- Giving Birth Control Advice
- Giving Abortion-related advice
- Making Statements that might be defamatory
- Assisting in searches of student’s lockers
- Violating confidentiality and the privacy records

WORKING WITH YOUNG PEOPLE

- If the client is below 18 years of age, we usually seek informed consent from the parents or
guardians. But we have to check the cognitive capacity of the client to decide on his or her
own.

MANAGING MULTIPLE RELATIONSHIPS

- Dual (or multiple) relationships, either sexual or nonsexual, occurs when counselor assumes
two (or more) role simultaneously or sequentially with a client.
- Dual relationships can be problematic and violate ethical and legal standards when
professional roles conflict.

Learn ways How to Minimize the Risk

1. Establish Personal and Professional Boundaries.
- Boundary crossing
- Boundary Violation
2. Socail Media and Boundaries

REFERRALS
- make sure that referrals with colleagues are discussed and consented to by our clients.
- We ensure that the recipient of the referral is competent enough to handle the concerns of
the client.

INTERRUPTION
TERMINATION
- We terminate the therapy when:
- Our client no longer needs it.
- Our client does not gain any benefits from it.
- Our client would be harmed by continuing it.

Danica, a 17-year-old girl seeing Dr. Terry, a clinical psychologist/counsellor. Danica’s parents
believe that Danica deserves some confidentiality with Dr. Terry, and they agree that Dr. Terry
need not repeat the full contents of their sessions; however, they understandably insist that they
be informed of any harm or danger that Danica may experience. As the sessions progress, the
therapeutic relationship strengthens, and Danica begins to reveal to Dr. Terry details of her life
about which Danica’s parents are unaware. These details include the fact that Danica drinks
alcohol about once a week (but does not get drunk), that she intentionally cut her forearm with a
razor bladed once a few months ago, an that one night she was a passenger in a car driven by a
friend who may have using drugs. Do any of these behaviours or situations call for Dr. Terry to
inform Danica’s parents? If not, how much would the behaviours have to intensify before they
did?