and Ethics
Informed Consent should include: >>> a verbal and written review with the clt addressing:
- the purpose of therapy, goals, techniques, procedures, limitations, potential risks & benefits of
therapy, counselor's qualifications/credentials, relevant experience, approach to counseling,
continuation of services upon incapacitation/death of counselor, role of technology, info about
billing/fees (incl. nonpayment), and explanation of confidentiality & its limits (abuse/neglect, SI/HI, and
group settings)
Fidelity >>> According to ACA, "honoring commitments and keeping promises, including fulfilling one's
responsibilities of trust in professional relationships"
Veracity >>> According to ACA, "dealing truthfully with individuals with whom counselors come into
professional contact"
Justice >>> According to ACA, "treating individuals equitably & fostering fairness and equality"
* means the counselor will treat all members fairly
(usually applied in group situations)
Beneficence >>> According to ACA, "working for the good of the individual & society by promoting
mental health & well-being"
* the counselor is working for the good of the
client/group
Libel >>> Written information that can be damaging to a client's reputation (example of defamation)
Slander >>> Verbal remarks which can be damaging to a client's reputation (example of defamation)
Defamation >>> Describes behavior that can damage one's reputation (libel v. slander)
ex) the communication was untrue, the counselor knew/should've known the statement was untrue &
the communication caused some injury to the clt (re: clinical notes/verbal consultation -> avoid bias,
broad characterizations, avoid impulsive communication)
,Tarasoff v. the Board of Regents of the University of California >>> A professional helper has a "duty to
warn" a person of serious and foreseeable harm to him- or herself or to others.
* ex) HI/SI w plan
ex2) terminally ill clt with plan to end life
Exceptions to maintaining confidentiality: >>> 1. Clt is danger to self or others.
2. Clt requests release of information
3. A court orders a release of information
4. The counselor is engaged in a systematic supervision process.
5. Clerical assistants who process clt info & papers.
6. Legal and clinical consultation situations.
7. Clt raises the issue of the counselor's competence in a malpractice suit.
8. Clt is less than 18 y/o (parent can known upon req)
9. Elderly/child abuse/neglect reported
10. Insurance company/managed care company requests a diagnosis and/or relevant clinical
information
Nonmaleficence >>> According to ACA, "avoiding actions that cause harm"
* Means the counselor will do no harm to clt
Autonomy >>> According to ACA, "fostering the right to control the direction of one's life" (counselors
aim to promote this during therapeutic relationship/course)
What does it mean when we say privileged communication is "qualified" >>> When using this term to
describe privileged communication, it means that exceptions may exist:
- child abuse/neglect/exploitation
- SI/HI
- criminal intentions
- need of hospitalization
- counselor victim of malpractice
- minor/mentally incompetent (dd)
, If your state does not legally support privileged communication and you refuse to testify in court: >>>
You could be held in contempt of court
If you receive a subpoena for your clt's records from a court, should you hand over your
documentation? >>> NO!!!
UNLESS, the subpoena is accompanied by a written order issued by a judge, authorizing the disclosure of
the records or issuance of the subpoena.
Privileged communication >>> anything said to a counselor from the clt will not be divulged outside the
counseling setting w/o the client's permission
* a legal term different from confidentiality
* implied that a therapeutic interaction (verbal/written) will not be available for public inspection
THE CLIENT IS THE HOLDER OF THE PRIVILEGE
When is privileged communication not applicable? >>> - child abuse/neglect/exploitation
- SI/HI
- criminal intentions (present)
- need of hospitalization
- counselor becomes victim of malpractice suit
- does not apply to minors (legal guardians = holders of privilege)
- does not apply to those who are mentally incompetent
NCE: Counselors :: __________:Psychologists >>> EPPP : Examination for Professional Practice in
Psychology
Certification >>> Given to an individual via an organization which is not part of the state or federal
government.
* you must be certified to call yourself a certified counselor
License >>> A counseling license is granted by the state government
If NBCC believes you violated professional ethics as a NCC. They can remove your name from the list of
NCCs in the U.S., revoke your NCC status, and note in their newsletter that your NCC status has been