ACA Code Flashcards
The Counseling Relationship
Primary Responsibility of the Couselor
Respect the dignity and promote the welfare of clients
The Counseling Relationship
How do we create and maintain documents
Documents should accurately reflect a clients progress and as amendments are made to documentation they must be properly noted according to agency and institutional guidelines.
The Counseling Relationship
Creating Counseling Plans
Counselors and clients work together to create plans that offer reasonable promise of success and are consistent with the clients developmental level, abilities, temperament, and circumstances of the client. They will regularly review the plans to assure continued viability and effectiveness while respecting the clients freedom of choice.
The Counseling Relationship
Client Welfare - Support Network Involvement
Counselors will consider enlisting the support and understanding of others as positive resources when appropriate and with the client’s permission.
The Counseling Relationship
Informed Consent in the Counseling Relationship - choice
Clients have the freedom to choose to enter into or remain in a counseling relationship. Counselors have the obligation to review verbally and in writing the rights and responsibilities of counselors and clients. Informed consent is ongoing and should be revisited throughout the relationship.
The Counseling Relationship
Informed Consent - Types of Information Needed 12 things
- The purposes, goals, techniques, procedures, limitations, potential risks and benefits of services
- Counselors qualifications, credentials, relevant experience and approach
- Continuation of services upon incapacitation or death
- The role of technology
- The implications of diagnosis
- The intended use of tests and reports
- Fees and billing
- Procedures for non-payment of fees
- Limits of confidentiality including how supervisors, treatment and/or interdisciplinary teams are involved
- Their rights to obtain clear information about their records
- Their rights to participate in ongoing counseling plans
- Their right to refuse services or modality changes and to be advised of the consequences of such refusal
The Counseling Relationship
Developmental and Cultural Sensitivity in Informed Consent
Counselors communicate information in ways that are culturally and developmentally appropriate. They use clear and understandable language. If the client has trouble understanding the language the counselor uses, the counselor will provide the necessary services. Counselors will adjust their informed consent according to cultural needs
The Counseling Relationship
Informed Consent - Inability to Give Consent
When clients are unable to provide consent, counselors will obtain assent from the client and include them in decision making as appropriate. Counselors must balance the ethical rights of clients, their capacity to give consent and the parental or familial rights and responsibilities to protect the client and make decision on their behalf
The Counseling Relationship
Informed Consent - Mandated Clients
Counselors discuss the required limitations to confidentiality when working with mandated clients. They explain the type of information and with whom they must share it prior to beginning counseling. If the client refuses service the counselor must do their best to discuss the consequences of refusing services
The Counseling Relationship
Clients Served by Others
If a client is in a professional relationship with other mental health professionals, they will get a release from the client to inform the other professional and establish a collaborative relationship.
The Counseling Relationship
Avoiding Harm and Imposing Values - Avoiding Harm
Counselors avoid harming clients, trainees and research participants and try to minimize or remedy unavoidable or unanticipated harm
The Counseling Relationship
Avoiding Harm and Imposing Values - Personal Values
Counselors are aware of and avoid imposing their own values, attitudes, beliefs and behaviors.
The Counseling Relationship
Prohibited Roles and Relationships - Sexual or Romantic Relationships
Sexual or romantic relationships with current clients, their romantic partners, or their family members are prohibited
The Counseling Relationship
Prohibited Roles and Relationships - Previous sexual or romantic relationships
Counselors are prohibited from engaging in counseling relationships with persons they have had a previous romantic or sexual relationship with
The Counseling Relationship
Prohibited Roles and Relationships - Sexual or Romantic Relationships with former clients
Are prohibited for a period of five years after the last professional contact. This extends to the client, their romantic partners or family members. Counselors must demonstrate forethought and document in writing if the interaction can be viewed as exploitive or if there is potential to harm the former client in any way.
The Counseling Relationship
Prohibited Roles and Relationships - Friends or Family Members
Counselors are prohibited from engaging in counseling relationships with friends and family members with whom they have the inability to remain objective.
The Counseling Relationship
Prohibited Roles and Relationships - Personal virtual relationships with current clients
Counselors are prohibited from having a virtual relationship (social media etc) with someone they have a current counseling relationship with.
The Counseling Relationship
Managing and Maintaining boundaries and Relationships - Previous Relationships
Counselors must take appropriate precautions when accepting clients that they have previous relationships with including consultation, supervision, and documentation. This includes mutual or past membership in the same organization or community, as well as causal or distant relationships.
The Counseling Relationship
Managing and Maintaining boundaries and Relationships - Extending Counseling Boundries
Counselors must consider the risks when extending the counseling relationship including addending a clients formal ceremony, purchasing a product or service, visiting a client’s ill family member. Appropriate precautions must be taken to ensure that no harm occurs.
The Counseling Relationship
Managing and Maintaining boundaries and Relationships - Documenting Boundary Extensions
Extended boundaries must be documented prior to the interaction (when feasible). Must document the rational, the potential benefit and anticipated consequences. If harm occurs the counselor must show evidence of an attempt to remedy the harm.
The Counseling Relationship
Managing and Maintaining boundaries and Relationships - Role Changes-(Individual to Family or evaluator to therapeutic etc.)
When a role changes the counselor provides informed consent and explains the clients right to refuse services related to the change. Clients must be fully informed of the anticipated consequences of the change.
The Counseling Relationship
Managing and Maintaining boundaries and Relationships - Nonprofessional Interactions or Relationships
Counselors avoid nonprofessional relationships with former clients, their romantic partners or their family members when the relationship is potentially harmful to the former client both in-person or electronic
The Counseling Relationship
Roles and Relationships at Individual, Group, Institutional and Societal Levels - Advocacy
When appropriate, counselors advocate at individual, group, institutional and societal levels to address potential barriers that inhibit the growth and development of clients
The Counseling Relationship
Roles and Relationships at Individual, Group, Institutional and Societal Levels - Confidentiality and Advocacy
Counselors obtain client consent before engaging in advocacy efforts on behalf of an identifiable client
The Counseling Relationship
Roles and Relationships at Individual, Group, Institutional and Societal Levels - Multiple Clients
When a counselor provides services to people with a relationship the counselor will clarify at the outset which person or persons are the client and the nature of the relationship the counselor will have with each. The counselor will adjust or withdraw from roles if needed
The Counseling Relationship
Group work - Screening
Counselors screen potential group members to ensure the needs and goals are compatible with the group and that they will not impede the group nor will their well-being be jeopardized by participating in the group.
The Counseling Relationship
Group work - Protecting Clients
Counselors take reasonable precautions to protect clients from physical, emotional or psychological trauma
The Counseling Relationship
Fees and Business Practices - Self-Referral
Counselors that work in an organization setting do not refer clients to their private practice unless the policies of the organization have specific provisions for self-referrals. They must be informed of other options should they seek private counseling services
The Counseling Relationship
Fees and Business Practices - Unacceptable Business Practices
Counselors do not participate in fee splitting not do they receive commissions, rebates or any form of remuneration for referrals
The Counseling Relationship
Fees and Business Practices - Establishing Fees
Counselors consider the financial status of clients and locality. If the usual fee creates a hardship the counselor may adjust fees where legal or assist the client in finding comparable affordable services
The Counseling Relationship
Fees and Business Practices - Non-payment of fees
If the counselor is using a professional collection company they need to include that information in the informed consent, inform the client in a timely fashion of intended action and give them the opportunity to make payment.
The Counseling Relationship
Fees and Business Practices - Bartering
Counselors may barter only if it does not result in exploitation or harm if the client request it. They must consider the cultural implications and document such agreements in a clear written contract
The Counseling Relationship
Fees and Business Practices - Receiving gifts
Counselors recognize that in some cultures small gifts are a sign of respect. They must consider monetary value, clients motivation for giving, and the counselor’s motivation for accepting or declining the gift
The Counseling Relationship
Termination and Referral - Inability to provide professional assistance
If counselors lack competence to be of professional assistance to clients they avoid entering into or continuing the relationship. They will refer appropriately and if the client declines they will end the relationship
The Counseling Relationship
Termination and Referral - Values within Termination and Referral
Counselors will refrain from referring based on their own personal held values and beliefs.
The Counseling Relationship
Termination and Referral - 5 Appropriate Termination Reasons
- It is apparent that the client no longer needs assistance
- not likely to benefit
- is being harmed.
- They are in danger of being harmed by the client or another person the client has a relationship with
- When clients do not pay agreed upon fees.
Counselors provide pretermination counseling and recommend other providers as needed
The Counseling Relationship
Termination and Referral - Appropriate transfer of services
When clients are transferred or referred the counselor ensure that proper clinical and administrative processes are completed and open communication is maintained.
The Counseling Relationship
Termination and Referral - Abandonment and Client Neglect
Counselors do not abandon or neglect clients. They make appropriate arrangements for the continuation of treatment when necessary during interruptions like vacations, illnesses and following termination.
Confidentiality and Privacy
Respecting Clients Rights - Multicultural/Diversity Considerations
Counselors respect differing views toward disclosure of information. Counselors hold ongoing conversations with clients as to how, when and with whom information is shared.
Confidentiality and Privacy
Respecting Clients Rights - Respect for privacy
Counselors respect the privacy of clients and only request private information when it is beneficial
Confidentiality and Privacy
Respecting Clients Rights - Respect for Confidentiality
Counselors will disclose information only with appropriate consent or with sound legal or ethical justification
Confidentiality and Privacy
Respecting Clients Rights - Explanation of Limitations
At initiation and throughout the counseling relationship, counselors inform clients about the limitations of confidentiality and seek to identify situations in which confidentiality must be breeched.
Confidentiality and Privacy
Exceptions - Serious and Forceable Harm and Legal Requirements
Confidentiality does not apply when disclosure is required to protect clients or identified other from harm or when legal requirements demand that information must be revealed. When in doubt, counselors consult with other professionals
Confidentiality and Privacy
Exceptions - Confidentiality Regarding End-of-Life Decisions
Counselors who are providing services to terminally ill individuals who are considering hastening their own death have the option to maintain confidentiality depending on applicable laws and specific circumstances after seeking consultation or supervision from appropriate professional and legal parties.
Confidentiality and Privacy
Exceptions - Contagious, Life-Threatening Diseases
Counselors may be justified in disclosing that a client has a contagious life-threatening disease to identifiable third-parties who may be in danger of contracting the disease. Prior to making the disclosure they must assess the intent of the clients to inform the third parties about their disease or engage in behaviors that may be harmful to identifiable third parties. They must adhere to relevant state laws about disclosing disease status.
Confidentiality and Privacy
Exceptions - Court ordered disclosure
When ordered by a court to release confidential or private information without a client’s permission, counselors seek to obtain written, informed consent from the client or take steps to prohibit the disclosure or have it limited as narrowly as possible
Confidentiality and Privacy
Exceptions - Minimal Disclosure
Clients are informed before confidential information is disclosed and are involved in the disclosure decision making. Only essential information is revealed
Confidentiality and Privacy
Information Shared with Others - Subordinates
Privacy and confidentiality must be maintained by subordinates including employees, supervisees, students, clerical assistants and volunteers
Confidentiality and Privacy
Information Shared with Others - Interdisciplinary Teams
Clients will be informed of the teams existence and composition, the information being shared and the purpose of sharing such information
Confidentiality and Privacy
Where is Information Shared with Others
Counselors discuss confidential information only when they can reasonable ensure client privacy
Confidentiality and Privacy
Information Shared with Others - Third-Party Payers
Counselors disclose information to third-party payers only when authorized by clients
Confidentiality and Privacy
Information Shared with Others - Transmitting Confidential Information
Counselors take precautions to ensure the confidentiality of all information transmitted through the use of any medium
Confidentiality and Privacy
Information Shared with Others - Deceased Clients
Counselors protect the confidentiality of deceased clients, consistent with legal requirements and the documented preferences of the client
Confidentiality and Privacy
Groups and Families - Group work
Counselors clearly explain the importance of confidentiality for the group
Confidentiality and Privacy
Groups and Families - Couples and Family Counseling
Counselors clearly define who is the client and discuss the expectations and limitations of confidentiality. In the absence of an agreement to the contrary, the couple or family is considered the client
Confidentiality and Privacy
Clients Lacking Capacity to Give Informed Consent - Responsibility to Clients
Counselors protect the confidentially of information received from clients who are unable to give consent as specified by law and ethical standards
Confidentiality and Privacy
Clients Lacking Capacity to Give Informed Consent - Responsibility to Parents and Legal Guardians
Counselors inform parents and legal guardians about the role of the counselor and the confidential nature of the counseling relationship. Counselors are sensitive to cultural diversity and respect the right and responsibilities of parents/guardians regarding the welfare of their children/charges. Counselors establish appropriate, collaborative relationships with parents and guardians to best serve clients
Confidentiality and Privacy
Clients Lacking Capacity to Give Informed Consent - Release of Confidential Information
When counseling minors or dependent adults, counselors seek the permission from an appropriate third party to disclose information. Counselors will inform clients consistent with their level of understanding and take appropriate measure to safeguard client confidentiality.
Confidentiality and Privacy
Records and Documentation - Creating and maintaining Records and Documentation
Counselors create and maintain records and documentation necessary for rendering professional services
Confidentiality and Privacy
Records and Documentation - Confidentiality of Records and Documentation
Counselors ensure that records and documentation kept in any medium are secure and that only authorized persons have access to them
Confidentiality and Privacy
Records and Documentation - Permission to Record
Counselors obtain permission from clients prior to recording sessions
Confidentiality and Privacy
Records and Documentation - Permission to Observe
Counselors obtain permission from clients prior to allowing any person to observe counseling sessions, review transcripts of sessions, or view recordings of sessions with supervisors, faculty, peers or others within the training environment.
Confidentiality and Privacy
Records and Documentation - Client Access
Counselors provide reasonable access to records and copies of records when requested by competent clients. They limit access when there is compelling evidence that access would cause harm to the client. Counselors document the request of the client and the rationale for withholding records. In situations involving multiple clients, counselors provide individuals only information that pertains to them.
Confidentiality and Privacy
Records and Documentation - Assistance with Records
Counselors provide assistance in interpreting counseling records.
Confidentiality and Privacy
Records and Documentation - Disclosure or Transfer
Unless an exception exists, counselors obtain written permission from clients to disclose or transfer records to legitimate third parties. Steps are taken to ensure that receivers are sensitive to confidentiality
Confidentiality and Privacy
Records and Documentation - Storage and Disposal After Termination
Counselors store records to ensure reasonable future access in accordance with federal and state laws. They dispose of sensitive material in a manner that protects client confidentiality. Counselors apply careful discretion when destroying records that may be needed by a court of law.
Confidentiality and Privacy
Records and Documentation - Reasonable Precautions
Counselors take reasonable precautions to protect the confidentiality of client records in the event of termination of practice, and counselor incapacity or death and they will appoint a records custodian as appropriate.
Confidentiality and Privacy
Case Consultation - Respect for Privacy
Information shared in a consulting relationship is discussed for professional purposes only. Only pertinent data is shared and every effort is made to protect identity and avoid invasion of privacy.
Confidentiality and Privacy
Case Consultation - Disclosure of Confidential Information
When consulting, counselors do not disclose information that could lead to the identification of client or organization with whom they have a confidential relationship with unless they have prior consent
Professional Responsibility
Knowledge of and Compliance With Standards
Counselors are responsible for reading, understanding and following the ACA Code of Ethics and adhere to applicable laws and regulations
Confidentiality and Privacy
Professional Competence - Boundaries of Competence
Counselors only practice within the boundaries of their competence. Counselors gain multicultural counseling competency by working with a diverse client population
Professional Responsibility
Professional Competence - New Specialty Areas of Practice
Counselors practice in speciality areas new to them only after education, training, and supervised experienced. . While developing new skills they take steps to ensure the competence of their work and protect others from harm
Professional Responsibility
Professional Competence - Qualified for Employment
Counselors accept employment only for positions that they are qualified for and they only hire people who are qualified and competent for the position
Professional Responsibility
Professional Competence - Monitor Effectiveness
Counselors constantly monitor their effectiveness and take steps to improve when necessary. They also take steps to seek peer supervision to evaluate their efficacy as counselors
Professional Responsibility
Professional Competence - Consultations on Ethical Obligations
Counselors take steps to consult with other counselors when they have questions regarding their ethical obligations or professional practice
Professional Responsibility
Professional Competence - Continuing Education
Counselors maintain their competence in the skills they use, are open to new procedures, and remain informed regarding best practices for working with diverse populations
Professional Responsibility
Professional Competence - Impairment
Counselors monitor themselves for signs of impairment from their own mental, physical, or emotional problems and refrain from offering or providing services when impaired. Counselors help each other recognize their own impairment-and provide assistance when warranted
Professional Responsibility
Professional Competence - Counselor Incapacitation, Death, Retirement, or Termination of Practice
Counselors prepare a plan for the transfer of clients and the dissemination of records to an identified colleague or records custodian in the case of the counselor’s incapacitation, death, retirement or termination of practice
Professional Responsibility
Advertising and Soliciting Clients - Accurate Advertising
When advertising, counselors identify their credentials in an accurate manner
Professional Responsibility
Advertising and Soliciting Clients - Testimonials
Counselors who use testimonials do not solicit them from current clients, former clients, or any other persons who may be vulnerable to undo influence. Counselors discuss with clients the implications and obtain permission to use any testimonials.
Professional Responsibility
Advertising and Soliciting Clients - Statements by Others
Counselors make every effort, when possible, to ensure that what is said about them or the counseling profession is accurate
Professional Responsibility
Advertising and Soliciting Clients - Recruiting Through Employment
Counselors do not use their places of employment or affiliated institutions to recruit clients, supervisors, or consultees for their private practice
Professional Responsibility
Advertising and Soliciting Clients - Products and Training Advertisements
Counselors who advertise products and services ensure that the advertisements contain accurate and adequate information that allows consumers to make informed choices
Professional Responsibility
Advertising and Soliciting Clients - Promoting to Those Served
Counselors do not use their counseling or supervisory relationships to promote their products, training or services in a manner that is deceptive or would exert undo influence on individuals who may be vulnerable. However, Counselor educators may adopt textbooks they have authored for instructional purposes
Professional Responsibility
Professional Qualifications - Accurate Representation
Counselors claim or imply only qualification actually completed and correct any misrepresentation of their qualifications by others. Counselors truthfully represent the qualifications of their colleagues. Counselors distinguish between volunteer and paid experience and accurately describe their continuing education
Professional Responsibility
Professional Qualifications - Credentials
Counselors claim only licenses or certificates that are current and in good standing
Professional Responsibility
Professional Qualifications - Educational Degrees
Counselors clearly differentiate between earned and honorary degrees
Professional Responsibility
Professional Qualifications - Implying Doctoral-Level Competence
Counselors clearly state their highest earned degree in counseling or a closely related field. They don’t claim to be a doctor when they are not
Professional Responsibility
Professional Qualifications - Accreditation Status
Counselors accurately represent the accreditation status of their degree program and college/university
Professional Responsibility
Professional Qualifications - Professional Membership
Counselors clearly differentiate between current, active memberships and former memberships. Members of ACA must clearly differentiate between professional membership (masters) and regular membership
Professional Responsibility
Professional Qualifications - Nondiscrimination
Counselors do not condone or engage in discrimination
Professional Responsibility
Public Responsibility - Sexual Harassment
Counselors do not engage in or condone sexual harrassment