Course: CPY 545: Legal, Professional, and Ethical Issues in Counseling

Course Schedule: Summer Semester 2014

Monday 4:00pm – 6:30 pm (CSS 226)

Saturday (July 12) 9:00 – 4:00 pm

Instructor: Samuel Sanabria, Ph.D., LMHC, NCC

Office: CSS 238

Phone: (407) 646-2352

E-mail: ssanabria@rollins.edu

Office Hours: Tuesday 1 – 3:30

Wednesday 1 – 3:30

By Walk-in or Appointment

COURSE DESCRIPTION This course examines ethical and legal standards, their evolution, methods of change, and

applications to various professional activities. The main goal of the course is to stimulate students

to think about major issues related to sound professional practice in the counseling profession and to

challenge students to formulate positions on selected issues. Rather than providing answers to

ethical dilemmas, the course is designed to help students formulate an ethical decision-making

model that can be applied to issues, as they are encountered. It is expected that students will

become familiar with the applicable state laws and ethical codes and standards of practice from the

major mental health professions – and will develop an increased ability to apply these laws and

ethical principles to a variety of specific problem situations that will be discussed in class. The

focus of the class will be on lecture, class discussion, small group interaction, ethical decision

making skill practice, and case study presentations.

PREREQUISITE: CPY 525 or permission.

COURSE OBJECTIVES 1. To gain an understanding of the foundational principles of ethical thinking and decision

making across all aspects of life.

2. To understand the powerful impact of ones own lived value system on the practice of

counseling

3. To become familiar with the applicable state laws and ethical codes and standards of practice

from various relevant professional organizations (e.g. American Counseling Association,

American Association for Marriage and Family Therapy, and American Mental Health

Counselors Association, and American Psychological Association) (II.K.1.h)

4. To apply legal and ethical guidelines to a variety of specific issues or scenarios (II.K.1.h)

5. To formulate a system or model of ethical decision-making, which incorporates an

appreciation for individual values and respect for client integrity and well-being

(II.K.1.h;2.f)

CPY 545-01 Legal, Professional and Ethical Issues in Counseling

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REQUIRED TEXT Corey, G., Corey, M.S., Corey, C. & Callanan, P. (2015). Issues and Ethics in the Helping

Professions. (9th ed). Cengage Learning

RECOMMENDED READING

Wheeler, A.M., & Bertram, B.B. (2012). The Counselor and the Law: A Guide to Legal and

Ethical Practice (6th ed). American Counseling Association.

OTHER ASSIGNED READING

Florida Statues – Online http://floridasmentalhealthprofessions.gov/resources/

Board of Clinical Social Work, Marriage & Family Therapy & Mental Health Counseling

Current Laws and Rules

The following Statutes are relevant to CSW/MFT/MHC

Chapter 491: 491, Clinical, Counseling, and Psychotherapy Services

Chapter 456: Health Professions and Occupations: General Provisions

Chapter 120: Administrative Procedure Act

Chapter 39: Proceedings Related to Children

Chapter 90: Evidence Code

Chapter 394: Mental Health

Chapter 397: Substance Abuse Services

Chapter 415: Adult Protective Services

Rules: Chapter 64B4: Board of Clinical Social Work, Marriage & Family Therapy &

Mental Health Counseling

Codes of Ethics and/or Standards of Practice

American Counseling Association www.counseling.org

Code of Ethics and Standards of Practice: Revised 2014

American School Counselors Association www.schoolcounselor.org

Ethical Standards for School Counselors: Revised 2010

American Mental Health Counselors Association www.amhca.org

Code of Ethics: Revised 2010

American Association for Marriage & Family Therapy www.aamft.org

Code of Ethics: Revised July 1, 2012

American Association for Pastoral Counselors www.aapc.org

Code of Ethics: Revised April 2012

National Board of Certified Counselors www.nbcc.org

NBCC Ethical Code: Revised 2013

CPY 545-01 Legal, Professional and Ethical Issues in Counseling

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American Psychological Association http://www.apa.org/ethics/

Ethics Code: Amended 2010

National Association of Social Workers www.socialworkers.org/pubs/code/code.asp

Code of Ethics: Revised 2008

COURSE REQUIREMENTS

Class Participation 10 points This class is based on a seminar format. Therefore, class attendance is mandatory and participation

is an important means by which you can demonstrate your grasp of the material. Only legitimate

emergencies and illness are excused absences. For me to credit you with an excused absence, it is

your responsibility to inform me, when possible in advance, or immediately upon returning to class.

Code of Ethics – Oral Quizzes 15 points Every class period, starting week 2, each student will answer a question regarding the ACA Code of

Ethics. You will be asked whether a given practice is ethical based on the Code of Ethics. You may

even be asked to interpret a certain ethical principle. You will need to be familiar with the ACA

Code of Ethics since you will not be allowed to refer to the document when asked. Students will be

called upon more than once a semester. Further instruction will be provided by the instructor in

class.

Case Analysis 15 points In teams of 2 (preferably), students will complete a case analyses based on an ethical, legal, or

professional behavior dilemma provided by the instructor. In keeping with acceptable professional

standards, team members are encouraged to consult with student colleagues, practicing

professionals, attorneys and/or any written materials in the development of the analysis and

recommendation.

Each team will submit an 8-10 page paper covering:

1. Description of Situation (1 page):

Brief overview of case and background of treatment

2. Dilemma/Competing Issues (1-2 pages):

What is the tension – dilemma – competing issue? The tension (dilemma/competing issues)

could be a function of ethics vs. laws, ethics vs. institutional policies, ethics vs. a community

norm, or any of those vs. professional behavior. Determine the underlying moral principle

(Autonomy, Nonmaleficence, Beneficence, Justice, Fidelity, or Veracity) associated with

each dilemma.

Handle each dilemma as follows:

Dilemma (brief description)

Moral Principle Involved (Not all moral principles will be involved)

- Pro (Argument in Favor of a course of action)

- Con (Argument Opposed to a course of action)

CPY 545-01 Legal, Professional and Ethical Issues in Counseling

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3. Ethical Code, Florida Statute, and/or Administrative Policy (2-3 pages):

Site specific guidance from the relevant professional ethical code (ACA, AHMCA, ASCA,

AAMFT or NBCC), Florida Statue, and/or other administrative regulation or policy (school

board policy, agency policy etc.)

4. Desired Outcome (1 page):

What would constitute successful resolution of the dilemma? List and describe.

5. Possible Course(s) of Action (2 pages):

Identify and list the possible courses of action. Describe the limitations and potential

consequences associated with each course of action.

6. Recommended Course of Action (1 page):

State the Recommended Course of Action - define how your recommendation(s) is in the

best interest of the client and satisfies the legal/ethical/professional behavior dilemma.

Include the possible ethical or licensing consequences of the inappropriate handling of the

dynamics of the case. If appropriate, describe a necessary fallback recommendation in the

event your first recommendation is not possible.

Case Analysis Group Presentation 25 points In groups of 3 (preferably), students will complete and present a case analyses based on an ethical,

legal, or professional behavior dilemma provided by the instructor. In keeping with acceptable

professional standards, group members are encouraged to consult with student colleagues, practicing

professionals, attorneys and/or any written materials in the development of the analysis and

recommendation. Each group is encouraged to find a time to meet to discuss 1) your personal

values, 2) the philosophical history of the study of values and ethics, and 3) the impact on the

practice of counseling of the personal values of the counselor.

In these discussions utilize the following:

Quick Test of Your Ethical Beliefs (HANDOUT)

Questions for Ethical Genogram (HANDOUT)

Concepts Outlined in Class

o Mandatory vs. Aspirational Values

o Principle Ethics vs. Virtue Ethics

o Moral Decision-Making Principles

(Autonomy, Nonmaleficence, Beneficence, Justice, Fidelity, or Veracity)

Assigned Reading Articles

Class Presentation: Each group will make a 25-30 minute class presentation and then facilitate 15

minutes of discussion. The class presentation should be supported by Power Point. You can include

a class or video role play to further make your point about your case.

Written Summary: Prepare a 3-4 page written Summary; provide copies for all class members at the

time of the Class Presentation. The Summary should be divided into the following headings; with

“bullet points” of information listed below each heading.

2. Description of Situation:

Brief overview of case and background of treatment

CPY 545-01 Legal, Professional and Ethical Issues in Counseling

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3. Dilemma/Competing Issues:

What is the tension – dilemma – competing issue? The tension (dilemma/competing issues)

could be a function of ethics vs. laws, ethics vs. institutional policies, ethics vs. a community

norm, or any of those vs. professional behavior. Determine the underlying moral principle

(Autonomy, Nonmaleficence, Beneficence, Justice, Fidelity, or Veracity) associated with

each dilemma.

Handle each dilemma as follows:

Dilemma (brief description)

Moral Principle Involved (Not all moral principles will be involved)

- Pro (Argument in Favor of a course of action)

- Con (Argument Opposed to a course of action)

4. Ethical Code, Florida Statute, and/or Administrative Policy

Site specific guidance from the relevant professional ethical code (ACA, AHMCA, ASCA,

AAMFT or NBCC), Florida Statue, and/or other administrative regulation or policy (school

board policy, agency policy etc.)

5. Personal Values / Morals

Identify any personal values and/or moral conflicts that were influencing (pushing away

from or pulling toward any action) members of the group. Consider the implications of the

Questions for Ethical Genogram of each member in the group.

6. Desired Outcome

What would constitute successful resolution of the dilemma? List and describe.

7. Possible Course(s) of Action

Identify and list the possible courses of action. Describe the limitations and potential

consequences associated with each course of action.

8. Recommended Course of Action

State the Recommended Course of Action - define how your recommendation(s) is in the

best interest of the client and satisfies the legal/ethical/professional behavior dilemma.

Include the possible ethical or licensing consequences of the inappropriate handling of the

dynamics of the case. If appropriate, describe a necessary fallback recommendation in the

event your first recommendation is not possible.

Due: July 21

Personal Values/Morals Paper 10 Points

Based on the case you were assigned in your group; write a 5-6 page description (typed -

double spaced) of your initial thoughts about the case study, personal values, and/or your

moral conflicts that were stirred by the circumstances of this case. Refer to your Ethical

Genogram.

CPY 545-01 Legal, Professional and Ethical Issues in Counseling

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Due: July 21 (your personal values/moral paper is due regardless of presentation date)

Exam 25 Points July 24: In class Final Exam

Multiple Choice & Short Essay

Attendance Policy Attendance is required of all students registered; it will be monitored. If it is impossible to attend

class, notify me as soon as possible. The final grade will be lowered one-half of a letter grade for

each unarranged absence, and one letter grade for more than two absences. Students are responsible

for all assignments, lectures, announcements, and class discussions even when not present. If you

have a conflict with an exam date, speak with the instructor at least seven days prior to the exam.

Class will start on time and time agreements for class breaks will be honored. Tardiness on the part

of one person disrupts the flow of learning for fellow students. Please be prepared to begin and/or

resume class as agreed.

Penalty for late work: Students will forfeit one letter grade (approximately 10% of the possible

points) for any assignments turned in beyond the announced deadline.

Final Grade Final grades will be based on a point accumulation basis. Students earn points via exams, class

presentations, projects, papers, class participation, and other assignments. Points will be converted

into a percentage score. Grade will be assigned as follows:

A 100 – 94 Points 100% - 94%

A - 93 – 90 Points 93% - 90%

B+ 89 – 87 Points 89% - 87%

B 86 – 84 Points 86% - 84%

B- 83 – 80 Points 83% - 80%

C + 79 – 77 Points 79% - 77%

C 76 – 74 Points 76% - 74%

C- 73 – 70 Points 73% - 70%

Note: Grade of "I" indicating that coursework is incomplete may be assigned only when

circumstances beyond the control of the student make it impossible for the student to complete the

academic work within the normal period. An agreed upon plan for completion must be submitted in

writing identifying a date when work will be completed. If the incomplete is not resolved by the

end of the following term, the grade will turn into an “F.”

Respect for Individual Differences The Department of Graduate Studies in Counseling endorses a learning climate that respects

diversity and individual differences and encourages the open-minded exploration of differences

among individuals. We do not expect all graduates of our program to think the same way, but we

do expect that while they are students they will be accepting of differences and strive to understand

how other people’s perspectives, behaviors and world views are different from their own.

Incomplete Policy Please refer to the Graduate Studies Catalogue for additional details. Students who are unable to

complete course requirements within the time limitations of the semester are responsible for

CPY 545-01 Legal, Professional and Ethical Issues in Counseling

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initiating an arrangement with the professor prior to the end of the term in order to receive an

“incomplete.” A contract for completion must be submitted in writing specifying deadline dates.

If the incomplete is not resolved by the end of the following term, the grade will convert to “F.”

The contract can be located on the counseling program website (see “Forms and Publications”

link).

Academic Honor Code Membership in the student body of Rollins College carries with it an obligation, and requires a

commitment, to act with honor in all things. In addition, the counseling profession provides

guidelines of ethical behavior. Because academic and professional integrity is fundamental to the

pursuit of knowledge and truth and is the heart of the academic life of Rollins College, it is the

responsibility of all members of the College community to practice it and to report apparent

violations. The following pledge is a binding commitment by the students of Rollins College:

The development of the virtues of Honor and Integrity are integral to a Rollins College

education and to membership in the Rollins College community. Therefore, I, a student

of Rollins College, pledge to show my commitment to these virtues by abstaining from

any lying, cheating, or plagiarism in my academic endeavors and by behaving

responsibly, respectfully and honorably in my social life and in my relationships with

others.

This pledge is reinforced every time a student submits work for academic credit as his/her own.

Students shall add to all papers, quizzes, tests, lab reports, etc., the following handwritten

abbreviated pledge followed by their signature:

On my honor, I have not given, nor received, nor witnessed any unauthorized

assistance on this work.

Material submitted electronically should contain the pledge; submission implies signing the

pledge.

Students with Disabilities Rollins College is committed to equal access and does not discriminate unlawfully against

persons with disabilities in its policies, procedures, programs or employment processes. The

College recognizes its obligations under the Rehabilitation Act of 1973 and the Americans with

Disabilities Act of 1990 to provide an environment that does not discriminate against persons

with disabilities. If you are a person with a disability and anticipate needing any type of academic

accommodation in order to participate in this class, please make appropriate advance

arrangements with the Rollins College Disability Services Coordinator located in the Thomas P.

Johnson Student Resource Center.

Use of Computers in Class Use of lap top computers may be used during didactic/formal class presentations. Please

discontinue computer lap top use during small group and experiential learning times. There are

occasions when lap top computers use can be disruptive to your colleagues. Please use your best

counseling observation skills to determine if such is the case. Please do not engage in “surfing

the net” or e-mail during class. This is disruptive to the atmosphere and counterintuitive of

“being in the moment”.

CPY 545-01 Legal, Professional and Ethical Issues in Counseling

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Self Disclosure Although it is likely that you will be asked to disclose thoughts and feelings that are personal in

nature in class, please remember that you are in charge of what you choose to disclose in front of

classmates. You do not have to reveal any information that you choose not to reveal. I consider

confidential any information that you disclose within your journals and papers or privately in

conversations with me. Many students completing this class are emotionally impacted by the

experience. Please feel free to consult with me along the way if you need further clarification or

to process your experiences.

Required Assignments and Learning Experiences (possible points)

CPY 545-01 Legal, Professional and Ethical Issues in Counseling

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CLASS SCHEDULE Subject to Change

Week Class Topics Assignment Due

June 2 Practitioner Variables

Introductions

Course Introduction & Syllabus Overview

Self-Assessment Exercise

Overview of Ethics and Professionalism

o Mandatory vs. Aspirational Values

o Principle Ethics vs. Virtue Ethics

o Moral Decision-Making Principles

Ethical guidelines

o ACA Code of Ethics

o AMHCA Code of Ethics

o AAMFT Code of Ethics

o Other Ethical Codes

Reading Assignment

Articles on Blackboard

Shanks, T., “Everyday Ethics,”

Chapter 1: Introduction to

Professional Ethics

Chapter 2: The Counselor as a Person

and a Professional

June 9 Practitioner Variables & Ethical Behavior

Moral Development Assessment

Values Conflict Discussion

Multiculturalism and Ethics

Formation of Case Analysis Groups

Reading Assignment

Articles on Blackboard

Ethics Resource Center, “The PLUS

Decision Making Model”

Markkula Center for Applied Ethics,

“A Framework for Thinking

Ethically”

Csongradi, C., “Bioethics, A new

look at on old debate”

Kidder, R., “How Good People Make

Tough Choices”

Chapter 3: Values and Helping

Profession

Chapter 4: Multicultural Perspective

and Diversity Issue

Oral Quiz on Code of Ethics

(Preamble and Section A)

CPY 545-01 Legal, Professional and Ethical Issues in Counseling

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June

16

Ethics, Laws and Professional Behavior

Case Analysis Group discussion on morals and ethics

development

Quick Test of Your Ethical Beliefs

(HANDOUT)

Questions for Ethical Genogram

(HANDOUT)

Concepts Outlined in Class

Reading Assignment

Florida Statute

Counselor Licensing Law

Statute Chapter 491

Administrative Rules

64B-4

Chapter 5: Client Rights and

Counselor Responsibilities

Chapter 6: Confidentiality: Ethical

and Legal Issues

Oral Quiz on ACA Code of Ethics

(Section B)

June

30

Ethics, Laws and Professional Behavior

Chapter 5: Confidentiality, Privilege. And HIPPA

o Confidentiality vs. Privilege Communication

Chapter 6: Duty to Report, Warn, and/or Protect

o Crimes, domestic violence, child abuse

o HIV/AIDS

o Practical Risk Management Guidelines

Chapter 7: Suicide and Threat to Self Harm

o The ethics of suicide.

o Suicide and specific populations

Oral Quiz on ACA Code of Ethics

(Section C)

Articles on Blackboard

July 7

Ethics, Laws and Professional Behavior in Practice

Chapter 8: Professional Boundaries

o Dual relationships

o Role boundary issues

Oral Quiz on ACA Code of Ethics

(Section D and E)

June

12

Ethics, Laws and Professional Behavior in Practice

Chapter 9: Records and Documents

o Client records

o Ownership

o Confidentiality

o Law Suits

o Records and technology

Chapter 10: Managing Your Practice

o Community agencies

o Private practice

o Other settings

o Insurance coverage

Oral Quiz on ACA Code of Ethics

(Section F and G)

Due: Team Case Analysis

July

14

Ethics, Laws and Professional Behavior in Practice

Readings to be assigned by instructor

Oral Quiz on ACA Code of Ethics

(Section H and I)

CPY 545-01 Legal, Professional and Ethical Issues in Counseling

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July

21

Application: Case Analysis Presentations & Discussion

Group #1:

Group #2:

Group #3:

Due

Case Analysis Presentations

Values Paper

July

17

Application: Case Analysis Presentations & Discussion

Group #4:

Group #5:

Review for Final Exam

July

24

Final Exam

Multiple Choice

Short Essay

CPY 545-01 Legal, Professional and Ethical Issues in Counseling

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Additional Readings

Anderson, C. E. (2000). Dealing constructively with managed care: Suggestions from an insider.

Journal of Mental Health Counseling, 22, 343-353.

Baerger, D. R. (2001). Risk Management with the suicidal patient: Lessons from case law.

Professional Psychology: Research and Practice, 32, 359-366.

Campbell, C. D., & Gordon, M. C. (2003). Acknowledging the inevitable: Understanding

multiple relationships in rural practice. Professional Psychology: Research and Practice,

34, 430-434.

Carroll, L. Gilroy, P. J., & Murra, J. (2003). The effect of gender and self-care behaviors on

counselors’ perceptions of colleagues with depression. Journal of Counseling &

Development,81, 70-77.

Caudill, O. B. (2002). Risk management for psychotherapists: Avoiding the pitfalls. In L.

Vandercreek & T. L. Jackson (Eds.), Innovations in clinical practice: A sourcebook

(Vol.20) (pp. 307-323), Sarasota, FL: Professional Resource Press.

Chennevile, T. (2000). HIV, confidentiality, and duty to protect: A decision-making model.

Professional Psychology: Research and Practice, 31, 661-670.

DeBell, C. & Jones, R. D. (1997). Privileged communication at last? An overview of Jaffee v.

Redmond. Professional Psychology: Research and Practice, 28, 559-566.

Glosoff, H. L., Herlihy, B., & Spence, E. B. (2000). Privileged communication in the counselor-

client relationship. Journal of Counseling & Development, 78, 454-462.

Hansen, N. D. & Goldberg, S. G. (1999). Navigating the nuances: A matrix of considerations for

ethical-legal dilemmas. Professional Psychology: Research and Practice, 30, 495-503.

Hermann, M. A. & Herlihy, B. R. (2006). Legal and ethical implications of refusing to counsel

homosexual clients. Journal of Counseling & Development, 84, 414-418.

CPY 545-01 Legal, Professional and Ethical Issues in Counseling

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Ingersoll, E. R., Bauer, A., & Burns, L. (2004). Children and psychotropic medication: What role

should advocacy counseling play? Journal of Counseling & Development,82, 337-343.

Issacs, M. L. & Stone, C. (2001). Confidentiality with minors: Mental health counselors’

attitudes toward breaching or preserving confidentiality. Journal of Mental Health

Counseling, 23, 342- 356.

King, J. H. & Anderson, S. M. (2004). Therapeutic implications of pharmacotherapy: Current

trends and ethical issues. Journal of Counseling & Development,82, 329-336.

Myers, J. E., Sweeney, T. J., & White, V. E. (2002). Advocacy for counseling and counselors: A

professional imperative. Journal of Counseling & Development, 80, 394-402.

Saakvitne, K. W. (2002). How to avoid the occupational hazards of being a psychotherapist. In L.

Vandercreek & T. L. Jackson (Eds.), Innovations in clinical practice: A sourcebook

(Vol.20) (pp. 325-341), Sarasota, FL: Professional Resource Press.

Sutter, E., McPherson, R. H., & Geeseman, R. (2002). Contracting for supervision. Psychology:

Research and Practice, 33, 495-498.