PSYC 514 - Ethics Flashcards
(32 cards)
Assent v. consent to treatment
In clinical practice, the client must agree that they would like to engage in therapy with the counselor and that they know what is expected of them in that process. individuals who have reached the legal age of consent (18 in the US) can consent to treatment. People who cannot legally consent to treatment can assent to treatment when it is explained at their developmental level. Work with children or adults not capable of giving consent requires the consent of the parent or legal guardian and the assent of the subject. Clinical example: 16 year old Jenny’s mom brings her to treatment for substance abuse concerns. The therapist discusses the informed consent document with Jenny and her mom, and her mom signs it. The therapist uses language that Jenny understands about the process of therapy and asks Jenny if she is willing to engage in the process. She says yes. Jenny’s mom has provided consent on her behalf, and Jenny has given assent.
Confidentiality
The primary responsibility of an ethical practictioner, confidentiality is an obligation to keep information discussed in counseling private. The confidentiality that is provided allows the client to disclose information and build a therapeutic relationship. There are three exceptions to confidentiality explained to clients during the informed consent process. They include duty to warn in cases in which the therapist anticipates harm to the client or another individual, mandated reporting of abuse to children, the elderly, and disabled persons, or if court-ordered. ClinicalExample: A therapist learns her patient, a child, is being sexually abused by her father and breaks confidentiality by reporting this to the police.
Counselor competency
Part of ethical practice, counselor competency refers to the idea that a counselor is qualified to practice with the patient or population in question. Competence is determined by their education, training, supervised experience, credentials and professional experience. Counselors maintain competence through continuing education of current scientific and professional information in their fields. Example: A counselor assesses a patient she hypothesizes has Borderline Personality Disorder. The counselor does not feel competent to effectively treat the patient and refers them to a colleague that is trained in DBT.
Dual/multiple relationships
Dual relationships are when multiple roles exist between a therapist and a client. The therapist is either concurrently in another relationship with client, concurrently in a relationship with a person closely associated with the client, or promising a relationship in the future. Dual relationships impact the therapeutic alliance and/or disrupt the objectivity of the therapist. Can be a boundary violation or crossing. Clinical example: Denise confides in her roommate from college, who is now a therapist, that she is having suicidal thoughts. Denise begs her friend to take her on as a client since she is already comfortable with her. The therapist agrees, and there are thus multiple relationships existing between Denise and therapist, compromising the therapeutic alliance and quality of treatment.
Duty to warn/protect
Part of ethical practice, the duty to warn is one of the instances in which a therapist must break confidentiality. Duty to warn means therapists have the responsibility to inform third parties and authorities if a client is at risk for harming themselves or another identifiable individual. The Tarasoff Case established that warning the authorities alone is insufficient and that the therapist must also warn the identifiable individual directly. Example: If a therapist believes the risk their client will attempt suicide is high, the therapist has a duty to protect the client by breaking confidentiality to involve other parties or have the client hospitalized.
Ethics
Part of clinical practice, ethics are the standards that govern the conduct of professional members of a group of association, including therapists. Ethical standards may conflict with morals, values, and even the law. Generally, ethics are a higher standard than what is required by law. It is important to follow ethics in order to keep yourself and your client safe and practice at the highest standard. Example: John reaches out to you after being your client last year and wants to know if you would like to join him for dinner and a movie. Ethically, you are not allowed to join in a sexual relationship with John at this time.
Ethical boundaries in clinical practice
Boundaries are a frame that protect the therapeutic relationship in an ethical practice. Boundaries may be physical (no physical contact) or behavioral (no gifts, self-disclosure). Therapists who practice ethically must use careful clinical judgment when deciding if it is beneficial to the client to cross a boundary. A boundary crossing could potentially benefit the client, be neutral, or potentially harm the client. A boundary violation is a boundary crossing that harms the client. Example: Erica comes to therapy with you and brings with her a gift when she arrives. You must explain to her that you cannot accept this gift. Accepting this gift would be a boundary crossing and could potentially affect the relationship negatively if she expected something in return.
Legal aspects of informed consent
To cover legal bases of informed consent, a therapist must discuss the limits of confidentiality, the nature of therapy, and the fee structure. This provides legal protection for the therapist and sets up important expectations for the client. Client must then given their consent to treatment. Clinical example: As a counselor who practices ethically, Amy discussed confidentiality and when it might be broken, the nature and aspects of therapy, and the fees associated with sessions in her informed consent.
Malpractice
Part of ethical practice, the failure of a counselor to provide the standard of care expected when treating an individual that results in direct damage to the patient. 4 things must be proven: the professional had a duty to person injured, they deviated from standard of care, the individual has been damaged, and there is a direct link between the damage and deviation. (Duty, Deviated, Damaged, Direct Link) Example: Tara is a therapist who has not been trained in EMDR but is engaging in therapy with clients to undergo this treatment. Her deviation from the standard of care (getting formal training) leads to the damage of one of her clients, who is claiming malpractice.
Privileged communication
The legal term that refers to the legal right of the individuals to withold information in judicial proceedings under limited circumstances. This right protects the client and the confidentiality. The therapist holds the privelege of sharing information in a legal setting. Example: A patient shares with you in session that he was sexually assaulted as a child and suffers from PTSD. In a legal setting, the counselor holds the privelege of sharing that information or keeping it confidential to protect the client.
Professionalism
How a professional presents themself. Safeguarding the integrity of the counselor-client relationship. Aspects of professionalism include appropriate dress and proper behavior when interacting with a client, and appropriate behavior when in the community. One may be unprofessional without necessarily being unethical, but frequently the two are tied together. Example: As part of professional practice, therapists should arrive on time, use respectful language, and dress appropriately.
Values in counseling
Part of ethical practice, values are beliefs and attitudes based on our culture and individual preferences that provide direction for everyday living. In ethical counseling, therapists should be aware of their own values, attempt to understand their clients’, and avoid placing their own value system on the client. Example: Tara comes into counseling and is concerned that her parents are overbearing and controlling. She comes from an Asian family where this is typical, but you as a therapist must be sure not to impose your cultural values on Tara’s decisions.
Vicarious liability
In clinical practice, if a therapist in training practices under an institution’s or therapist’s license, that institution or therapist has liability for the trainee’s actions. Supervisor is directly liable for things such as giving inappropriate advice to their trainees or allowing their trainees to practice at a higher level than they are competent at. This is to protect the client even under the care of someone in training or front desk staff. Clinical example: Janet was supervising a clinical counseling student and advised the student to implement EMDR, a therapy the student had not been trained in. Janet is directly liable for any harmful outcomes to the patient.
Peer consultation
Part of ethical practice and a risk management approach, consulting with a trusted network of colleagues or peers on difficult cases or potential boundary violations is recommended and can ensure counselors are not acting unethically or imposing their worldview on their clients. Example: You notice a patient you are treating is evoking some strong emotions in you and suspect countertransference. You consult with a group of trusted peers to discuss the case and get recommendations on whether or not to refer the patient.
Morality
Individual’s internal value system for what is right and wrong and what constitutes right and proper conduct. In the same way that it is important for a counselor not to impose their values on their client, it is equally important that they do not impose their morality upon their client. Example: Tara comes into therapy and is depressed, trying to decide if she should have an abortion or not. You as a therapist must not impose your values on your client regarding your stance on abortion.
Confidentiality in group or couples therapy
Confidentiality in group and marital counseling is fundamentally different than confidentiality in individual treatment. The therapist must still maintain confidentiality outside of this group, but there is no guarantee other members of group or marriage will keep information about other parties confidential. Additionally, in marital counseling the therapist should make it clear that there can be no secrets. The couple is the patient, not just the husband or the wife. Keeping secrets can harm the therapeutic alliance. Example: Bill admits to having an affair during his group therapy. While the therapist will not break confidentiality, the other members of the group may choose to share this information beyond the therapy room.
Ethnic sensitive practice
Part of ethical practice, an ethnic-sensitive approach or practice is one that considers how the culture of a patient may impact their worldview, attitudes, beliefs, presentation of symptoms, or appropriate treatments. Counselors must be careful and self-aware enough not to apply their own worldview to the clients, but instead, attempt to understand their client’s worldview and the factors that influenced it. Example: Tiffany is an Asian American client who often talks about her parents’ opinions of her choices in therapy. An ethnic-sensitive therapist will not be dismissive of these concerns but will understand that her worldview is collectivistic.
Licensure v. certification
Part of ethical practice, licensure is a mandatory requirement to be a legal practitioner and is given out by a government board after rigorous education, training, and supervised practice. Certification is a voluntary process of acquiring knowledge and/or skills typically from a professional organization or association. Typically the requirements for certification are less rigorous than licensure. Clinical example: Prior to beginning a private practice, Erin attended a graduate program, completed supervised internship hours, and sat for a licensure exam to ensure gained licensure from the South Carolina Board of Licensure and, therefore, be a legal practitioner. She also secured certification in EMDR.
Pro bono service
Service that therapist provides for free, sometimes to members of the community who may not be able to afford their services. Counselors are highly encouraged and sometimes required per ethical mandate, to contribute to their community by providing pro bono services. It is important to establish boundaries and avoid allowing either party to take advantage of the situation. Example: A therapist keeps one afternoon of appointments available for pro bono services as a service to his community.
Mens Rea
Part of ethical practice, mens rea is a legal phrase meaning guilty mind or guilty intent. In order for someone to be convicted of a crime, the prosecution must prove that the person engaged in the guilty act (actus reus) and that he/she had guilty intent. Psychologists can be called to talk about what a person’s intent/state of mind was at the time that a crime was committed. Did they intend to commit the crime or did the crime happen subsequent to a behavior that wasn’t meant to hurt/harm someone?Clinical Example: You were called as an expert witness to discuss mens rea as it relates to a crime that was committed by a woman during a sexual assault. The person accused of assaulting the defendant was killed during the attack. The question you are tasked with answering is: Was it the defendant’s intent to harm the attacker or was she acting in self-defense.
Reporting child abuse
Licensed therapists are mandated reporters and, therefore, required by law to report any suspected cases of child abuse to the proper authorities (DSS and the police) within 24 hours. This should be outlined in the informed consent process and discussed with the client when explaining the limits of confidentiality. This is to protect children and also anyone who is vulnerable (elderly, handicapped). Clinical example: A patient reveals that she is worried her boyfriend is touching her children in a sexual way. The therapist is required to break confidentiality and report this suspicion to the proper authorities.
Self-monitoring of ethical practice
Counselors should be aware of ethical codes and monitor themselves to ensure that they are practicing ethically (self-care). Counselors should not rely wholly on self-monitoring, and should also use peer consultations and reviews. Relying solely on self-monitoring could result in rationalization and justification for unethical behaviors. Example: A therapist accepts a gift offered by a client. Later, she considers her clinical decision and whether it was ethical. She feels confident in the self-monitoring of her behavior, but she reaches out to a colleague to ask for a second opinion anyway.
Sexual intimacies with former clients
Intimacies with current clients are prohibited while sexual intimacies with former clients are allowed 2 years after termination of therapy. It is usually best to avoid. Therapist cannot end therapy with the promise of a future sexual relationship (constitutes a multiple relationship), and must ensure that there is minimal risk of harm to their former clients. Boundary violation. Example: Tara’s former client reaches out to her after 1 years of being her client. He asks to take her to dinner and a movie, and she kindly declines his request due to ethical reasons.
Tarasoff case
Landmark case in California in 1970s, Tarasoff vs. University of California, resulted in a clinician’s duty to warn. A psychologist was treating a patient who made a threat to kill an identifiable third party. Psychologist was unable to commit the patient and the patient killed the third party. The victim’s family sued, and the ruling requires that a therapist breach confidentiality in cases where the welfare and safety of a readily identifiable 3rd party is involved. When a client communicates a threat directed at an identifiable third party to their counselor and the counselor believes that the person is in imminent danger, they must warn the individual directly instead of simply alerting authorities. Example: Jane is seeing a client who is expressing intent to harm his ex girlfriend, Tara. Jane is required by law to report this to the police as well as inform his former girlfriend, Tara, based on the Tarasoff case.
