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ARKANSAS JURISPRUDENCE QUESTIONS AND ANSWERS RATED A.pdf

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ARKANSAS JURISPRUDENCE QUESTIONS AND
ANSWERS RATED A+
✔✔Credentialing - ✔✔: method of identifying individuals by occupational group
(Sweeney, 1995).


✔✔Licensure - ✔✔: the most rigorous form of regulation in that only those who are
licensed may practice that profession in a state.

✔✔Certification - ✔✔: term used when a title such as "professional counselor" can be
used only by those who are certified, but anyone can practice the profession without
being certified.

✔✔Registration - ✔✔form of governmental regulation in which members of a profession
must "sign up" with the government if they practice the profession in the state, but
anyone may sign the registry without a review of their credentials (Anderson &
Swanson, 1994).

✔✔Information Technologies - ✔✔• Technology presents counselors with a myriad of
opportunities for keeping current and improving their competence as practitioners.
• Advances are so rapid that it is hard to keep up with the changes from one day to the
next.
• ACA, NBCC, CACREP and many other counseling organizations all have web sites.
• Some counselors provide counseling over the internet and that creates another whole
area of ethical issues.
• *Drawbacks: no reliable method of regulating services offered, ensuring competence
of the providers, or protecting consumers from ill-advised Internet based services
(Wilson, Jencius, & Duncan, 1997).

✔✔Diversity Considerations in Counseling Competence - ✔✔• Recognize diversity in
society and develop intercultural competence.

, • If not properly trained and competent to work with culturally diverse clients, you might
be practicing unethically if you attempt to provide services to these clients.
• There is an abundance of literature available for multicultural issues.
• Seek out cultural experience different from you own and participate in some of these
experiences.

✔✔Warning signs of counselor impairment: - ✔✔•
o Deterioration in personal relationships, including marital problems and family
dysfunction.
o Becoming isolated and withdrawn from others.
o Feelings of disillusionment with the profession.
o Emotional distancing during counseling sessions.
o Alcohol and drug abuse.
o Changes in work habits such as increased tardiness and absenteeism.
o Procedural errors and sloppy record keeping.

✔✔Malpractice - ✔✔• Involves professional misconduct or unreasonable lack of skill.
• Defined as:"Failure of one rendering professional services to exercise that degree of
skill and learning commonly applied under all the circumstances in the community by
the average prudent reputable member of the profession with the result of injury, loss or
damage to the recipient of those services or to those entitled to rely upon them. It is any
professional misconduct, unreasonable lack of skill or fidelity in professional or fiduciary
duties, evil practice, or illegal or immoral conduct (Black, 1990, p. 959).
• Type of civil lawsuit that can be filed against professionals for practicing in a manner
that leads to injury to a recipient of their services.

✔✔Actual cause - ✔✔•: a person actually caused the injury of another person.

✔✔Proximate cause - ✔✔: has to do with whether or not the individual would have been
injured had it

✔✔Forseeability - ✔✔• has to do with whether the professional knew or should have
known that the professional's actions would result in a specific outcome.

✔✔Suicidal Clients - ✔✔• When a client threatens to commit suicide, an ethical duty
arises to protect the client from harm to self.
• Ethical standard that applies to clients who pose a danger to others applies to suicidal
clients as well.
• Confidentiality requirements are waived when disclosure is necessary to protect clients
or others from serious and foreseeable harm (B.2.a).
• Evaluating and managing suicide risk is one of the most stressful situations you will
encounter in your work (Corey et. Al., 2007).

✔✔Duty to Warn Intended Victims - ✔✔• Tarasoff v. Regents of California: case in
which the duty to warn an identifiable or foreseeable victim of a dangerous client.

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