Module 2: Ethical and Legal Issues in Counseling CED 450
Ethics and Law Governing our Professional Practice Law Ethics Created by legislature and courts Govern citizens (federal, county, state) Represent minimal standards Penalty fines, jail Rooted in philosophy, created by professional associations Govern members of profession – guide practice Represent ideal standards Penalty loss of license, professional sanctions
Law: Competence To provide competent treatment, therapists need to: -Only provide services for which they are qualified-Accurately represent their credentials and qualifications-Keep up on current information of the field, especially in specialty areas-Seek counseling when they have personal issues
Law: Negligence Negligence -the departure from acceptable professional standards Malpractice -the harm to a client resulting from negligence
Law: Malpractice Malpractice Occurs when a counselor fails to provide reasonable care that is generally provided by other professionals and it results in injury to the client. Four conditions must exist: The counselor had a duty to the client The duty of care was not met The client was injured in the process There was a close causal relationship between the counselor’s failure to provide reasonable care and the client’s injury
The Law: Privacy Confidentiality is the ethical duty to fulfill a contract or promise to clients that the information revealed during therapy will be protected from unauthorized disclosure. Privacy is a legal concept that recognizes individuals’ rights to choose the time, circumstances, and extent to which they wish to share or withhold personal information. Privileged communication regulates privacy protection and confidentiality by protecting clients from having their confidential
What are Ethical Codes?
Functions of Ethical Code First and most important – to safeguard welfare of client and society Define ethical conduct in a profession – to inform and educate members Define Standards of Practice – important in legal actions Create a means by which members are held accountable for actions – protecting public
You've reached the end of your free preview.
Want to read all 35 pages?