Ethical and Legal Aspects of Counseling

ETHICS AND LAWEthics Are moral principles adopted by an individual

or group to provide guidance for appropriate conduct.

Ethics codes are ideal standards set by a professional organization

ETHICS AND LAWLaw Laws are rules of behaviour established by

courts or legislation that help a society operate in an orderly fashion.

Codes of conduct are developed by professional organizations and are the minimum standards of behaviour that members of that profession are held to.

CPA CODE OF ETHICS (WWW.CPA.CA)Principle 1: Respect for dignity of persons Idea of individual rights; privacy, informed consent,

confidentiality Discusses vulnerable people (includes minors) Upholds the value of innate worth of all people, no

discrimination, all are equal. People are not to be considered a means to an end.

Has strong implications for all aspects of psychology – including both counselling and research.

Principle 2: Responsible caring General caring, competence and self knowledge, risk/benefit

analysis, maximize benefit, minimize harm, offset/correct harm, care of animals, extended responsibility.

CPA CODE OF ETHICS (WWW.CPA.CA)

Principle 2: Responsible caring Clients and research participants are the

psychologist’s first priority, not employers or other third parties

Attend to potential for harm – always strive to minimize and/or correct

Emphasizes the need for competence and competent practice – calls for self-reflection on the part of psychologists

Also outlines behaviour guides for the use of animals in psychology (mostly research)

CPA CODE OF ETHICS Principle 3: Integrity in relationships Psychologists are to be open, honest and fair in

dealing with others Work to minimize bias and maximize objectivity in

your practice – to do this you need to understand yourself rather than strive to be value free which is not possible

Avoid conflict of interest situations Reliance on the discipline (consult, be familiar

with discipline)

CPA CODE OF ETHICSPrinciple 4: Responsibility for Society Goes beyond the individual to the macro level Develop your knowledge and use it to benefit

society Promote the welfare of others Engage in interdisciplinary or cross discipline work Be open to feedback

ADVANTAGES OF HAVING A CODE OF ETHICS Protects clients’ rights Provides guidelines for professional

behaviors Controls internal disagreement and

promote stability Protects practitioners from the public Promotes public trust toward the

profession

LIMITATIONS OF HAVING A CODE OF ETHICS Too general (do not solve specific dilemmas) Emphasizes rational objectivity, and universality Ethical principles accepted at one time may be

considered unethical later Insensitivity to cultural diversity More for the practitioners than the public

COMMON TYPES OF ETHICAL DILEMMAS

Violation of confidentiality Role Conflict, dual roles Exceeding one’s level of competence Conflicts with employer or institution Degree of dangerousness to self and

others Sexual activity with a client Improper advertising Imposing one’s values on a client www.youtube.com/watch?v=D5VDOkwdh

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ETHICAL DECISION-MAKING MODELS In an extensive literature review regarding

ethical decision-making models, Cottone and Claus (2000) located nine practice-based models of ethical decision making.

Corey, Corey, and Callanan’s (2007) seven stage model of ethical decision making appears to be the most comprehensive yet parsimonious.

CPA’S ETHICAL DECISION MODEL1. Identify persons affected2. Identify ethically relevant issues and

practices3. Consider how personal biases, stresses, or

self-interest might influence 4. Develop alternative courses of action5. Analyze risks and benefits of each option6. Choose course of action7. Act8. Evaluate9. Assume responsibility for consequences10. Act to prevent future occurrences

ETHICS IN SPECIFIC SITUATIONS

School Counseling: When dilemmas occur between the counselor and the school administration, the counselor is responsible towards the client first and then the school.

Marriage/Family counseling: Family members might have conflicting goals

Multicultural counseling: Recognize and work with cultural differences

Counseling research: Informed consent, coercion and deception, confidentiality and privacy.

MULTIPLE RELATIONSHIPS Business deals or friendship Professionals concluded that multiple

relationships should be avoided Counselors should not socialize or do business

with present of former clients Accepting gifts – a controversial issue Entering into a counseling relationship with a

close friend, student, or employee.

WHEN ANOTHER COUNSELOR BEHAVES IN AN UNETHICAL WAY Ethically you cannot ignore others’

unethical behavior Identify the problem objectively Apply the CPA code of ethics If action is needed approach the counselor If the counselor does not want to take

action you need to decide on the course of action (report to CCA, College of Alberta Psychologists (www.cap.ab.ca), or other provincial boards).

CIVIL AND CRIMINAL LIABILITY (CONT.)

Ways of improving ethical conduct and protecting oneself Know practice standards Follow professional codes of ethics Obtain liability insurance Education

LEGAL ISSUES IN COUNSELING MINORS Minors—Children under the age of 18 can enter

psychosocial treatment in following three ways With parental consent Involuntarily at a parent’s insistence By order of the juvenile court

*Informed consent must be obtained from parents