Ethics section CPCE Exam with
Complete Solutions
ethics vs laws - ANSWER-Ethics: pertains to standards that govern the conduct of its
professional members
pertains to beliefs we hold about what constitutes right conduct (ethics are moral
principles adopted by people to provide rules for right conduct)
Represents aspirational goals or max ideal standards set by profession and enforced
by them
Law: body of rules that govern people within a community, state, or country
counselors governed by ethics or laws - ANSWER-both
what do ethical codes do? primary purpose, and 3 objectives - ANSWER-** primary
purpose is to safeguard welfare of clients by providing what is in their best interest
-- Provide broad guidelines for practitioners
-- Fulfill 3 objectives:
1. educate professionals about sound ethical conduct
2. provide a mechanism for professional accountability
3. serve as catalysts for improving practice
7 themes of ethical codes - ANSWER-promote welfare of consumers
practice within scope of one's competence
doing no harm
protect client's confidentiality and privacy
acting ethically and responsibly
avoiding exploitation
upholding integrity of profession by striving for aspirational practice
when to break confidentiality - ANSWER-cases involving child abuse, abuse of the
elderly, abuse of dependent adults
when therapist believes client is danger to self or others.
When the therapist believes a client under the age of 16 is the victim of incest, rape,
child abuse, or some other crime
When information is made an issue in a court action
When clients request that their records be released to them or to a third party
duty to warn - ANSWER--- law requiring mental health professionals to make a
reasonable effort to contact the identified victim of a client's serious threats of harm, or
to notify law enforcement of the threat
,-- duty to warn only applies to threats regarding future violence; reports of past violence
may not be reported and are protected as confidential info
duty to protect - ANSWER--- duty to protect applies to situations where mental health
professional has legal obligation to protect an identified 3rd party who is being
threatened but in these cases the professional generally has other options in addition to
warning the person of harm
-- duty to protect provides ways of maintaining client confidentiality whereas duty to
warn requires a disclosure of confidential info to the person who is being threatened
Relevant court cases to duty to warn - ANSWER-Tarasoff vs Regents of the Univ. of CA
1974
Ewing vs. Goldstein (2004)
Tarasoff vs Regents of the Univ. of CA 1974 - ANSWER--- student Poddar was a
patient at student health services at Berkeley seeing therapist, Moore. Poddar confided
to Moore his intention to kill Tarasoff upon returning from Brazil. Moore contacted
campus police but did not contact Tarasoff (no law yet obligating to tell the threatened
individual). Poddar was released from police and killed Tarasoff when she returned.
Tarasoff's parents sued for univ. not telling victim of threat so now there is duty to warn
-- Tarasoff court decision made it clear that client confidentiality can be readily
compromised to protect identified victims/public
Ewing vs. Goldstein (2004) - ANSWER--- court expanded practitioner's duty to warn
those in danger to include the circumstance in which a family member communicates to
a mental health practitioner a belief that the client poses a risk to grave bodily injury to
another person
--basically therapist needs to abide by duty to warn when the threat is told to them by a
family member and not the client him or herself.
--the patient did not tell his therapist of intent to harm himself and a former girlfriend's
new boyfriend but did communicate this to his father. The father in turn told the therapist
of his conversation and the therapist encouraged the father to have his son hospitalized.
The inpatient psychiatrist discharged the patient over the therapist's objection by
telephone and the patient then killed the boyfriend and himself.
-- Now, by law, a communication from a family member to a therapist made for the
purpose of advancing a patient's therapy, is a "patient communication" within the
meaning of the statute.
what is confidentiality - ANSWER-Confidentiality: is an ethical concept, and in most
states it is the legal duty of therapists not to disclose information about a client.
confidentiality is rooted in client's privacy and is at the core of effective therapy
therapists are prohibited from disclosing confidential info to any 3rd party unless
mandated or permitted to do so (release form from client)
priveledge - ANSWER-1. legal concept that generally bars the disclosure of confidential
communications in a legal proceeding
, when a client-therapist relationship is covered by privileged communication by statute,
clinicians may not disclose information. Therapists can refuse to answer questions in
court or refuse to show clients records in court
2. these laws ensure that personal and sensitive information will be protected by
therapists in legal proceedings
3. privilege belongs to the client and is designed for client's protection rather than
protection for the professional.
4. generally speaking, privilege does not apply to group counseling, couples counseling,
family therapy. School counselors do not have privilege.
difference between confidentiality and priveledge - ANSWER--- confidential information
shared in therapy could be subpoenaed by a court, and the counselor would have to
release it.
--Privileged communication tends to relate to the law, and means that the information
would be fully protected and does not have to disclosed by a witness. -- In terms of
counseling, states vary in the degree of privilege that we have. In other fields, such as
Law, for instance, lawyers tend to have full privilege (ex: if their client discloses they
committed a crime, the lawyer could not be forced to testify against their client).
purpose of HIPAA - ANSWER-1. HIPAA passed by congress to promote
standardization and efficiency of health care industry and to give patients more rights
and control over their health info.
designed to encourage electronic transactions and requires safeguards to protect
security and confidentiality of health info
2. HIPAA privacy rule requires health plans and other covered entities to establish
policies and procedures to protect confidentiality of health info about patients
This rule applies to both paper and electronic transmissions and was developed out of
concern that transmission of health care info through electronic means could lead to
widespread gaps in the protection of client confidentiality
multiple relationships defined - ANSWER-when a practitioner is in a professional role
with a person in addition to another role with that same individual, or with another
person who is close to that individual.
multiple relationships: boundary violation examples - ANSWER--- Is a boundary
crossing that may turn into a boundary violation
-- Includes: providing therapy to a relative or a friend's relative, socializing with clients,
becoming emotionally or sexually involved with current or past clients, combining the
roles of supervisor and therapist, having a business relationship with client,
borrowing/loaning money from/to client
are all multiple relationships problematic - ANSWER--- not all multiple relationships are
unethical and/or problematic --some may actually benefit the therapeutic relationship
-- the rationale behind the argument against dual relationships is b/c of potential for
therapists to misuse their power
Complete Solutions
ethics vs laws - ANSWER-Ethics: pertains to standards that govern the conduct of its
professional members
pertains to beliefs we hold about what constitutes right conduct (ethics are moral
principles adopted by people to provide rules for right conduct)
Represents aspirational goals or max ideal standards set by profession and enforced
by them
Law: body of rules that govern people within a community, state, or country
counselors governed by ethics or laws - ANSWER-both
what do ethical codes do? primary purpose, and 3 objectives - ANSWER-** primary
purpose is to safeguard welfare of clients by providing what is in their best interest
-- Provide broad guidelines for practitioners
-- Fulfill 3 objectives:
1. educate professionals about sound ethical conduct
2. provide a mechanism for professional accountability
3. serve as catalysts for improving practice
7 themes of ethical codes - ANSWER-promote welfare of consumers
practice within scope of one's competence
doing no harm
protect client's confidentiality and privacy
acting ethically and responsibly
avoiding exploitation
upholding integrity of profession by striving for aspirational practice
when to break confidentiality - ANSWER-cases involving child abuse, abuse of the
elderly, abuse of dependent adults
when therapist believes client is danger to self or others.
When the therapist believes a client under the age of 16 is the victim of incest, rape,
child abuse, or some other crime
When information is made an issue in a court action
When clients request that their records be released to them or to a third party
duty to warn - ANSWER--- law requiring mental health professionals to make a
reasonable effort to contact the identified victim of a client's serious threats of harm, or
to notify law enforcement of the threat
,-- duty to warn only applies to threats regarding future violence; reports of past violence
may not be reported and are protected as confidential info
duty to protect - ANSWER--- duty to protect applies to situations where mental health
professional has legal obligation to protect an identified 3rd party who is being
threatened but in these cases the professional generally has other options in addition to
warning the person of harm
-- duty to protect provides ways of maintaining client confidentiality whereas duty to
warn requires a disclosure of confidential info to the person who is being threatened
Relevant court cases to duty to warn - ANSWER-Tarasoff vs Regents of the Univ. of CA
1974
Ewing vs. Goldstein (2004)
Tarasoff vs Regents of the Univ. of CA 1974 - ANSWER--- student Poddar was a
patient at student health services at Berkeley seeing therapist, Moore. Poddar confided
to Moore his intention to kill Tarasoff upon returning from Brazil. Moore contacted
campus police but did not contact Tarasoff (no law yet obligating to tell the threatened
individual). Poddar was released from police and killed Tarasoff when she returned.
Tarasoff's parents sued for univ. not telling victim of threat so now there is duty to warn
-- Tarasoff court decision made it clear that client confidentiality can be readily
compromised to protect identified victims/public
Ewing vs. Goldstein (2004) - ANSWER--- court expanded practitioner's duty to warn
those in danger to include the circumstance in which a family member communicates to
a mental health practitioner a belief that the client poses a risk to grave bodily injury to
another person
--basically therapist needs to abide by duty to warn when the threat is told to them by a
family member and not the client him or herself.
--the patient did not tell his therapist of intent to harm himself and a former girlfriend's
new boyfriend but did communicate this to his father. The father in turn told the therapist
of his conversation and the therapist encouraged the father to have his son hospitalized.
The inpatient psychiatrist discharged the patient over the therapist's objection by
telephone and the patient then killed the boyfriend and himself.
-- Now, by law, a communication from a family member to a therapist made for the
purpose of advancing a patient's therapy, is a "patient communication" within the
meaning of the statute.
what is confidentiality - ANSWER-Confidentiality: is an ethical concept, and in most
states it is the legal duty of therapists not to disclose information about a client.
confidentiality is rooted in client's privacy and is at the core of effective therapy
therapists are prohibited from disclosing confidential info to any 3rd party unless
mandated or permitted to do so (release form from client)
priveledge - ANSWER-1. legal concept that generally bars the disclosure of confidential
communications in a legal proceeding
, when a client-therapist relationship is covered by privileged communication by statute,
clinicians may not disclose information. Therapists can refuse to answer questions in
court or refuse to show clients records in court
2. these laws ensure that personal and sensitive information will be protected by
therapists in legal proceedings
3. privilege belongs to the client and is designed for client's protection rather than
protection for the professional.
4. generally speaking, privilege does not apply to group counseling, couples counseling,
family therapy. School counselors do not have privilege.
difference between confidentiality and priveledge - ANSWER--- confidential information
shared in therapy could be subpoenaed by a court, and the counselor would have to
release it.
--Privileged communication tends to relate to the law, and means that the information
would be fully protected and does not have to disclosed by a witness. -- In terms of
counseling, states vary in the degree of privilege that we have. In other fields, such as
Law, for instance, lawyers tend to have full privilege (ex: if their client discloses they
committed a crime, the lawyer could not be forced to testify against their client).
purpose of HIPAA - ANSWER-1. HIPAA passed by congress to promote
standardization and efficiency of health care industry and to give patients more rights
and control over their health info.
designed to encourage electronic transactions and requires safeguards to protect
security and confidentiality of health info
2. HIPAA privacy rule requires health plans and other covered entities to establish
policies and procedures to protect confidentiality of health info about patients
This rule applies to both paper and electronic transmissions and was developed out of
concern that transmission of health care info through electronic means could lead to
widespread gaps in the protection of client confidentiality
multiple relationships defined - ANSWER-when a practitioner is in a professional role
with a person in addition to another role with that same individual, or with another
person who is close to that individual.
multiple relationships: boundary violation examples - ANSWER--- Is a boundary
crossing that may turn into a boundary violation
-- Includes: providing therapy to a relative or a friend's relative, socializing with clients,
becoming emotionally or sexually involved with current or past clients, combining the
roles of supervisor and therapist, having a business relationship with client,
borrowing/loaning money from/to client
are all multiple relationships problematic - ANSWER--- not all multiple relationships are
unethical and/or problematic --some may actually benefit the therapeutic relationship
-- the rationale behind the argument against dual relationships is b/c of potential for
therapists to misuse their power
