PROFESSIONAL ORIENTATION AND ETHICAL PRACTICE
QUESTIONS WITH ACCURATE ANSWERS
________ are the leading causes of malpractice actions taken against counselors,
therapists, and mental health providers.
a. Confidentiality and dual relationships
b. Termination
c. Failure of the duty to warn
d. Inferior record keeping correct answer a. Confidentiality and dual relationships
Sexual issues also make it into the top ten slots and indeed I have even seen
research that puts it in the number one spot. It has been estimated that over 95%
of those clients who were sexually involved with their therapists have been
harmed, and that in about one third of the cases, treatment literally ended as
soon as sexual intimacy began. Important reminder many counselors are not
aware of: Excessive self- disclosure on the part of the helper can be considered
malpractice. If it doesn't help the client and is seemingly intended to help the
counselor then it is inappropriate.
A 14-year-old male threatens to blow up his parents' garage because he has been
grounded. You believe his threat is genuine. You should
a. ask the child if he will sign a release of information so you can talk to his
parents.
b. not talk to the parents since this would weaken the bond of trust you have with
the client.
c. have the child sign a contract stating he will not blow up the garage but
mention nothing to the parents.
d. warn the parents that their property is in danger. correct answer d. warn the
parents that their property is in danger.
,There is little evidence to suggest a right or a wrong answer to this question.
Nevertheless, a case tried in the Supreme Court of Vermont suggested that a
mental health agency was negligent for not warning parents that their son, who
was in therapy, threatened to burn down their barn—which he did. So until
further notice, a warning is in order.
A 16-year-old girl threatens to kill herself and you fail to inform her parents. Your
behavior as a counselor is best described as
a. an example of a multiple relationship.
b. an example of informed consent.
c. an example of negligence, which is a failure to perform a duty, and in this
instance is an obligation to protect the client.
d. multiple submission. correct answer c. an example of negligence, which is a
failure to perform a duty, and in this instance is an obligation to protect the client.
Here is a myriad of terms related to counseling ethics. A dual relationship, also
called a multiple relationship or noncounseling relationship (choice "a"), occurs
when a counselor has a relationship with the client in addition to being his or her
counselor (e.g., a sexual relationship or a business deal with the client). As stated
earlier, in many instances ethics frown on this practice, claiming that it prevents
professional objectivity. A referral to another professional might be necessary to
avoid this in some instances. Informed consent, on the other hand, is an example
of a desirable counselor behavior that can actually reduce the chances of a
malpractice suit. Informed consent is roughly the opposite of mystifying the
counseling process. The counselor "informs" the client what will take place so the
client will have the necessary information to decide whether he or she wants to
"consent" to the procedure. Informed consent applies to research (e.g., a fair
explanation of benefits, discomfort, freedom to withdraw from the study at any
time, etc.) as well as counseling! Multiple submission (choice "d")—a violation of
ethics —transpires when a journal article is submitted to more than one journal at
,a time. Negligence (choice "c") is evident when a counselor "neglects" or fails to
perform a required behavior.
A 39-year-old female secretary you are seeing in your assertiveness training group
reveals that she is plotting to shoot her husband. Based on the Tarasoff case you
should
a. warn the husband.
b. keep it confidential because an assertiveness training group is decidedly not
the same as one-to-one
counseling.
c. make a police report in the city in which the husband resides.
d. tell a supervisor, administrator, or board member if one exists, but do not
contact her husband. correct answer a. warn the husband.
Tarasoff implies that a responsible helper will warn an intended victim.
Professionals generally adhere to the principle of minimal disclosure, which
suggests that you reveal only what is necessary. Another landmark case, the
Hedlund case, suggests that therapists should warn others (i.e., third parties) who
also may be in danger. Tarasoff is controversial and based on a California court
decision that may or may not apply to your state. Again, I recommend checking
your state's laws if your exam is for licensure status. Choice "d" also might have
been appropriate had the phrase "do not contact her husband" been eliminated.
A client asks you (and you have NCC status) for classical psychoanalysis yet you
have no training whatsoever in this area. If you agree to analyze the client, you
are
a. violating the duty to warn.
b. still ethical if you possess LPC or NCC.
c. unethical as this is misrepresentation.
, d. still ethical if, and only if, you have a doctorate. correct answer c. unethical as
this is misrepresentation.
Six doctorates and a wall covered with LPC and NCC credentials will not change
the situation. The NBCC's Code of Ethics states: "NCCs provide only those services
for which they have education and qualified experience." The same goes for tests
and assessments. Now assuming the above counselor had extensive training, say
via an analytic institute, then he or she could perhaps provide this service
ethically.
A client wants his records sent to a psychiatrist he is seeing. You should
a. advise against it based on current research.
b. refuse to do so based on ethical guidelines.
c. first have the client sign a dated release of information form that stipulates
whether the information can be released once (or for what period of time it can
be released) and then you can send the information.
d. call the psychiatrist to discuss the case but explain that state law prohibits a
counselor from sending
anything in writing about the client. correct answer c. first have the client sign a
dated release of information form that stipulates whether the information can be
released once (or for what period of time it can be released) and then you can
send the information.
Clients have a right to "privacy." Do not use a xerox or photocopy of the client's
signature on any release of information form. Exam hint: If you or your agency
didn't collect the information in the record then don't send it even with a release
form. What's that you say? That doesn't make sense. Okay, let's assume that your
client was seen at the local homeless shelter. You had him sign a release and now
have information from that particular shelter. Now the information from the
homeless shelter is part of your record file. But, as you well know from the
QUESTIONS WITH ACCURATE ANSWERS
________ are the leading causes of malpractice actions taken against counselors,
therapists, and mental health providers.
a. Confidentiality and dual relationships
b. Termination
c. Failure of the duty to warn
d. Inferior record keeping correct answer a. Confidentiality and dual relationships
Sexual issues also make it into the top ten slots and indeed I have even seen
research that puts it in the number one spot. It has been estimated that over 95%
of those clients who were sexually involved with their therapists have been
harmed, and that in about one third of the cases, treatment literally ended as
soon as sexual intimacy began. Important reminder many counselors are not
aware of: Excessive self- disclosure on the part of the helper can be considered
malpractice. If it doesn't help the client and is seemingly intended to help the
counselor then it is inappropriate.
A 14-year-old male threatens to blow up his parents' garage because he has been
grounded. You believe his threat is genuine. You should
a. ask the child if he will sign a release of information so you can talk to his
parents.
b. not talk to the parents since this would weaken the bond of trust you have with
the client.
c. have the child sign a contract stating he will not blow up the garage but
mention nothing to the parents.
d. warn the parents that their property is in danger. correct answer d. warn the
parents that their property is in danger.
,There is little evidence to suggest a right or a wrong answer to this question.
Nevertheless, a case tried in the Supreme Court of Vermont suggested that a
mental health agency was negligent for not warning parents that their son, who
was in therapy, threatened to burn down their barn—which he did. So until
further notice, a warning is in order.
A 16-year-old girl threatens to kill herself and you fail to inform her parents. Your
behavior as a counselor is best described as
a. an example of a multiple relationship.
b. an example of informed consent.
c. an example of negligence, which is a failure to perform a duty, and in this
instance is an obligation to protect the client.
d. multiple submission. correct answer c. an example of negligence, which is a
failure to perform a duty, and in this instance is an obligation to protect the client.
Here is a myriad of terms related to counseling ethics. A dual relationship, also
called a multiple relationship or noncounseling relationship (choice "a"), occurs
when a counselor has a relationship with the client in addition to being his or her
counselor (e.g., a sexual relationship or a business deal with the client). As stated
earlier, in many instances ethics frown on this practice, claiming that it prevents
professional objectivity. A referral to another professional might be necessary to
avoid this in some instances. Informed consent, on the other hand, is an example
of a desirable counselor behavior that can actually reduce the chances of a
malpractice suit. Informed consent is roughly the opposite of mystifying the
counseling process. The counselor "informs" the client what will take place so the
client will have the necessary information to decide whether he or she wants to
"consent" to the procedure. Informed consent applies to research (e.g., a fair
explanation of benefits, discomfort, freedom to withdraw from the study at any
time, etc.) as well as counseling! Multiple submission (choice "d")—a violation of
ethics —transpires when a journal article is submitted to more than one journal at
,a time. Negligence (choice "c") is evident when a counselor "neglects" or fails to
perform a required behavior.
A 39-year-old female secretary you are seeing in your assertiveness training group
reveals that she is plotting to shoot her husband. Based on the Tarasoff case you
should
a. warn the husband.
b. keep it confidential because an assertiveness training group is decidedly not
the same as one-to-one
counseling.
c. make a police report in the city in which the husband resides.
d. tell a supervisor, administrator, or board member if one exists, but do not
contact her husband. correct answer a. warn the husband.
Tarasoff implies that a responsible helper will warn an intended victim.
Professionals generally adhere to the principle of minimal disclosure, which
suggests that you reveal only what is necessary. Another landmark case, the
Hedlund case, suggests that therapists should warn others (i.e., third parties) who
also may be in danger. Tarasoff is controversial and based on a California court
decision that may or may not apply to your state. Again, I recommend checking
your state's laws if your exam is for licensure status. Choice "d" also might have
been appropriate had the phrase "do not contact her husband" been eliminated.
A client asks you (and you have NCC status) for classical psychoanalysis yet you
have no training whatsoever in this area. If you agree to analyze the client, you
are
a. violating the duty to warn.
b. still ethical if you possess LPC or NCC.
c. unethical as this is misrepresentation.
, d. still ethical if, and only if, you have a doctorate. correct answer c. unethical as
this is misrepresentation.
Six doctorates and a wall covered with LPC and NCC credentials will not change
the situation. The NBCC's Code of Ethics states: "NCCs provide only those services
for which they have education and qualified experience." The same goes for tests
and assessments. Now assuming the above counselor had extensive training, say
via an analytic institute, then he or she could perhaps provide this service
ethically.
A client wants his records sent to a psychiatrist he is seeing. You should
a. advise against it based on current research.
b. refuse to do so based on ethical guidelines.
c. first have the client sign a dated release of information form that stipulates
whether the information can be released once (or for what period of time it can
be released) and then you can send the information.
d. call the psychiatrist to discuss the case but explain that state law prohibits a
counselor from sending
anything in writing about the client. correct answer c. first have the client sign a
dated release of information form that stipulates whether the information can be
released once (or for what period of time it can be released) and then you can
send the information.
Clients have a right to "privacy." Do not use a xerox or photocopy of the client's
signature on any release of information form. Exam hint: If you or your agency
didn't collect the information in the record then don't send it even with a release
form. What's that you say? That doesn't make sense. Okay, let's assume that your
client was seen at the local homeless shelter. You had him sign a release and now
have information from that particular shelter. Now the information from the
homeless shelter is part of your record file. But, as you well know from the
