Chapter 3

Question 1

Laws

Answer 1

define the minimum acceptable standards of behaviour for members of society and enforced by government

Question 2

Ethics

Answer 2

Represent the core values of a profession and ideal standards; moral principles adopted by an individual or group to provide rules for right conduct; enforced by professional associations; concerned with moral decision making

Question 3

Morals

Answer 3

perspectives of right and proper conduct and involves an evaluation of actions on the basis of some broader cultural context or religious standard.judgment or evaluation of action

Question 4

Why do professional codes of ethics exist?

Answer 4

.Provide guidelines for professional behaviors: client rights and counsellor responsibilities.Promotes public trust of the profession, professional accountability.Allows the profession to self-regulate.Promotes stability and consistency.Improves counsellor effectiveness

Question 5

ethical code limitations

Answer 5

.general/idealistic, do not address every situation.enforcement difficult.knowledge of codes does not ensure ethical behavior.conflicts within & between codes (work in a school with own set of standards, have to navigate with your professional ones, or belong to two professional organizations with differing codes).evolving document, always changing.Reflect current dominant cultural and professional norms..Western culture tends to value the individual in all cases.Tend to be reactive, not proactive (someone’s charged, results in change in code of ethics)

Question 6

6 Foundational Moral Principles of Professional Ethics

Answer 6

1. Autonomy (respecting freedom of choice & self-determination)2. Nonmaleficence (not inflicting harm, prevention of future harm)3. Beneficence (doing good & preventing harm)4. Justice (fairness)5. Fidelity (faithfulness, maintaining integrity and honoring commitments)6. Veracity (honesty)7. Societal Interest (best for society)

Question 7

CPA Code of Ethics, what are the 4 points?

Answer 7

in hierarchical order:1) respect for dignity of persons-each person treated as an individual with own worldview-greatest responsibility to those most vulnerable-ppl not a means to an end2) responsible caring-concern for well-being of client (beneficence/non-maleficence)3) integrity in relationship-open, honest, fair dealing with others-avoid conflict of interest, dual relationships-know yourself rather than strive for value-free4) responsibility for society-increase knowledge and benefit all humans-least weighting-each principle is subject to and guided by the principles above it!

Question 8

Informed Consent

Answer 8

.consent to the practice of counselling.psychologists inform clients of potential risks/benefits of beginning a relationship and ongoing work.fees, confidentiality…

Question 9

CAP (College of Alberta Psychologists’) Standards of Practice

Answer 9

.informed consent.competence-limit practice to areas of competence.impaired objectivity-unethical to work with client if your judgment is impaired whether physically, emotionally, mentally-if need to terminate, responsible for referral.relationship to supervisees-must not exploit or discriminate against.violations of law-dont be fucking fraudulent about registration okaiding illegal practice.required to take action against others who are fraudulent in practicedual relationships.bad idea dudemaintenance and retention of records.all records of fees, identifying info, presenting issues, etc., for ten years after terminationfees and statements.full info regarding fees at outset, receipts, missed appt. policyproviding supportable services.must work with sound theories with evidence.if using innovative service, must inform clientrepresentation of service.don’t misrepresent yourself, i.e. have a PhD in english and call yourself a Dr. as a psychologistprotecting confidentiality of clients.inform client with limits of confidentiality at outsetassessment procedures.any assessments or diagnostics must be valid, backed up by extensive personal contact and valid psychological tests

Question 10

reasons for breaking confidentiality

Answer 10

.Imminent harm to self or others-at risk of suicide, must stay with person until appropriate help arrives.Child abuse/neglect.Subpoenaed by the courtsFirst two must be assessed, not clear. High risk? Low risk?

Question 11

working with minors

Answer 11

Minors.signed consent from parents is required for counselling.Parents have ultimate right to access their child’s files.Educate them that the process of counselling though might not be helpful without confidentiality.One way of protecting client & counsellor is to let parents know if at moderate risk, will let parents know (freq. suicidal thoughts, suicidal gestures, continuing use of drugs, strong desire to hurt someone).if at a school, consent generally not required from parents..a counsellor can provide counselling without consent in the case of an emergencyCan enter therapy in following ways.Parental consent.Involuntarily at parents insistence.Order of juvenile court (parents still informed)Incompetence is assumed.Informed consent, competent is assumed.Informed consent must be obtained from parents, some exceptions can be made for mature minors but counsellor so assume greater risksAll though child cannot consent, they can assent, agree to counselling

Question 12

CCPA principle-based ethical decision making

Answer 12

six step decision making model.key ethical issues.what are the relevant ethical principles in CCPA code of ethics.which of the six ethical principles are of major importance in this situation?.how can the relevant ethical principles be applied, and conflicts between them resolved.what do my feelings/intuition tell me to do?.what plan of action will be most helpful?(remember, principles are: beneficence, fidelity, non-maleficence, autonomy, justice, and societal interest)

Question 13

CCPA virtue-based ethical decision making

Answer 13

five questions, goal is to do what you believe is the right thing:.what emotions and intuition am i aware of and what are they telling me to do?.how can my values best show caring for the client in this situation?.how will my decision affect other relevant individuals?.what decision would i feel best about publicizing?.what decision would best define who i am as a person?

Question 14

CCPA quick check

Answer 14

publicity: would i want this ethical decision announced on the front page of a major newspaper?universality: would i make the same decision for everyone? if every counsellor made this decision, would it be a good thing?justice: is everyone being treated fairly by my decision?

Question 15

Canadian Association of Social Workers’ (CAWS) 2005 - Ethics, how are they different?

Answer 15

-one must protect identity of deceased clients-physical contact with clients should be avoided if it would harm clients-must be culturally and personally appropriate

Question 16

*Ethics in specific situations - School Counselling

Answer 16

In dilemmas occur between counsellor and school administration, counsellor is responsible towards the client first and the school second

Question 17

*Ethics in specific situations - Marriage/Family Counselling

Answer 17

Marriage/Family counselling.Family members might have conflicting goals, confidentiality, violence

Question 18

Ethics in specific situations - Aging/Elderly

Answer 18

-unique needs of aging-may have cog. impairments, terminal illnesses, or be victims of abuse!

Question 19

Ethics in specific situations - Multicultural/international

Answer 19

.Online counselling, certification/insurance, confidentiality.If you are from Canada but counselling someone from Australia…? Does insurance still protect you?

Question 20

Ethics in specific situations - Multiple relationships

Answer 20

.Entering into a counselling relationship with a close friend, student, or employee.Concluded that multiple relationships should be avoided.Counsellor a should not socialize or do business with present or former clients.Accepting gifts - controversial

Question 21

When other counsellor behaves in unethical ways

Answer 21

You can’t ignore others unethical behaviorIdentify the problem objectivelyApply the CPA code of ethicsIf action is needed, approach the counsellorThis is in the code of ethics, to confront the person FIRST. Hard.If the counsellor does not want to take action you need to decide on course of action (report to governing body)Steps1.identify problem objectively, and your rl to it2. apply code of ethics to it3. action warranted, approach colleague informally first4. if need to, file ethical complaint

Question 22

Slippery slope effect

Answer 22

-by condoning or ignoring a situation they risk eroding their own sense of moral selfhood and may find it easier to condone future ethical breaches

Question 23

the law and counselling

Answer 23

-law always seeks compromise between individuals and parties, not cut and dried-no general body of law covering helping professions-law is generally supportive or neutral towards professional codes of ethics-allows profession to govern self, steps in to protect public health safety welfare

Question 24

confidentiality, and reasons for breaking

Answer 24

-promise to clients that info revealed during therapy will be protected from unauthorized disclosurebreaking confidentiality.Imminent harm to self or others.Child abuse/neglect.Subpoenaed by the courts.First two must be assessed, not clear. High risk? Low risk?.Minors..Parents have ultimate right to access their child’s files..Educate them that the process of counselling though might not be helpful without confidentiality..Let know if at moderate risk, will let parents know

Question 25

Privacy

Answer 25

-individuals’ rights to choose time circumstances and extent to which they wish to share/withhold personal info

Question 26

Privileged Communication

Answer 26

protecting clients from having confidential info disclosed without permission in courtexceptions for reveal in court:.client claims mental illness in court.client dangerous to self or others.child abus or neglect.counsellor knowledge of crime about to be committed.involuntary hospitalization.court-ourdered psychological evaluations

Question 27

Canadian Supreme Court decisions that affect psychologist practice

Answer 27

.a patient has access to info about self while in custody of health care provider.rape victim records protected from alleged assailants in court.public safety overrides priveleged communication between psychiatrist and defense lawyer.mandatory reporting of child abuse or neglect and legal protections provided to those making such reports

Question 28

Liability in counsellingMalpracticeNegligence

Answer 28

liability: issues concerned with whether counsellors have caused harm to clientsmalpractice: harm to clientnegligence: departure from acceptable professional standardsto avoid malpractice suits, CARRY LIABILITY INSURANCE!

Question 29

3 types of liability

Answer 29

Civil liability.wrongly acting toward another or failing to act when recognized duty to do so.usually from malpractice or gross negligence, defamation, invasion of privacyCriminal liability.working with client in way law does not alow (e.g. sexual rl, failing to report child abuse, accessory to a crime)Administrative liability.therapist’s license to practice threatened

Question 30

2 types of client rights

Answer 30

Implied.linked to substantive due process, a rule that is made that arbitrarily limits an individual & their consitutional rights???Explicit rights.procedural due process, and steps necessary to initiate or complete an action when an explicit rule is broken (and person not infomred about how to remedy the matter)

Question 31

Client records

Answer 31

contain… “all information about the client necessary for his or her treatment”.identity info.assessment info.treatment plan.case notes (progress doc towards goals).termination summary.other data (signed consent, etc.)-not allowed to discuss client records over phone!-must keep under lock and key!-separate from business records-cannot be discussed in public

Question 32

What are the elements for being an ethical professional counsellor?

Answer 32

.Knowledge of codes of ethics.Knowledge of self and own values.Reflective.Consultation and supervision (not in CPA ethical decision making model).Document decision making processes, keep track of these decisions

Question 33

How counsellors end up in court

Answer 33

-often at provincial level-to serve as an expert witness (objective unbiased with specialized knowledge)-court order (counsellor testifies on behalf or against present/former client).counsellors don’t have to produce records unless explicitly asked for or priveleged communication waived

Question 34

ways for counsellors (minority, operate on ethics) to become acculturated into the majority (law)

Answer 34

-knowledgeable of elements common to both mental health and law-understanding and working witho those elements DIFFERENT-reviewing ethics codes annually-continuing education-learning more about legal system-collaborative rls with lawyers/judges-rl with counsellor knowledgeable about the law-consulting getting feedback on ethical-legal dilemmas