Cnsl 5307 Ethical And Legal Issues In Counselling Case Study
Running header: Assignments 1-4: CNSL 5307
Assignments 1-4: CNSL 5307
Annette Coon
Wayland Baptist University
CNSL 5307: Dr. Bryan Moffitt
1
2
Assignments 1-4: CNSL 5307
Abstract
This document will have 4 assignment sections. Each part is a response to four different assignments for the semester regarding the material learned in CNSL 5307: ETHICS AND
LEGAL ISSUES IN COUNSELING utilizing a textbook titled, Issues and Ethics in the Helping
Professions, 8th Edition by Gerald Corey, Marianne Schneider Corey, Patrick Callanan. This document will share the various approaches to understanding success in being an ethical counselor and “the ingredients of successful therapy.” In addition thoughts and reflections from what I have gained will also be communicated. …show more content…
Running header: Assignments 1-4: CNSL 5307
3
Assignment 1
There are moral, ethical, and legal issues identified in most situations. Often times they are not in agreement. Describe 4 completely different situations that demonstrate moral, ethical, and/or legal disagreement. How would you go about navigating the best course of action to take?
Explain your opinions thoroughly. Your paper should be at least 3 pages in length.
One: Marcus, a therapist in a community agency, recently divorced his wife and seems to
be harboring anger towards women in general. His colleagues, who have noticed a change in his attitude and behavior lately, have encouraged him to seek personal counseling to work through his issues. They are acting ethically by recommending counseling for Marcus; as counselors, they recognize that personal issues that have not been worked through are likely to be projected onto clients. Two: Justine is a new counselor and very eager to get going. Also Justine is considering
research into the cycle of abused women. Ironically Justine has been selecting clients from the local crisis center. During her sessions, Justine questions whether she is trying to meet her clients ' needs or her own needs. Justine is engaging in meaningful self-reflection and selfassessment as a professional.
Three: Confidentiality must be breached and information must be reported by practitioners
when clients pose a danger to others; a child under the age of 16 is the victim of incest, rape, or child abuse; an older adult is being abused; the therapist determines that the client needs immediate, involuntary hospitalization.
Four: I caught a glimpse of an episode of a TV series called In Treatment about a
Psychologist treating several clients who is observed to be devoid of social, legal and ethical issues that arise. All things considered, this therapist is observed to be less helpful to his clients and instead could be causing them more harm than good as he does not stand by client autonomy
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which is one of the highest priorities of counseling. I conclude he is in need of guidance from an ethically professional supervisor to help him implement ethical standards in his practice.
All of these issues need to consider applying the ACA Code of Ethics. After you have clarified the problem, refer to the Code of Ethics (ACA, 2005) to see if the issue is addressed there. If there is an applicable standard or several standards and they are specific and clear, following the course of action indicated should lead to a resolution of the problem. To be able to apply the ethical standards, it is essential that you have read them carefully and that you understand their implications. If the problem is more complex and a resolution does not seem apparent, then you probably have a true ethical dilemma and need to proceed with further steps in the ethical decision making process.
Determine the nature and dimensions of the dilemma. There are several avenues to follow in order to ensure that you have examined the problem in all its various dimensions. Consider the moral principles of autonomy, nonmaleficence, beneficence, justice, and fidelity. Decide which principles apply to the specific situation, and determine which principle takes priority for you in this case.
In theory, each principle is of equal value, which means that it is your challenge to determine the priorities when two or more of them are in conflict. Review the relevant professional literature to ensure that you are using the most current professional thinking in reaching a decision. Consult with experienced professional colleagues and/or supervisors. As they review with you the information you have gathered, they may see other issues that are relevant or provide a perspective you have not considered. They may also be able to identify aspects of the
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dilemma that you are not viewing objectively. Consult your state or national professional associations to see if they can provide help with the dilemma.
Generate potential courses of action. Brainstorm as many possible courses of action as possible. Be creative and consider all options. If possible, enlist the assistance of at least one colleague to help you generate options.
Consider the potential consequences of all options and determine a course of action.
Considering the information you have gathered and the priorities you have set evaluate each option and assess the potential consequences for all the parties involved. Ponder the implications of each course of action for the client, for others who will be affected, and for yourself as a counselor. Eliminate the options that clearly do not give the desired results or cause even more problematic consequences. Review the remaining options to determine which option or combination of options best fits the situation and addresses the priorities you have identified.
Evaluate the selected course of action. Review the selected course of action to see if it presents any new ethical considerations. It is suggested that applying three simple tests to the selected course of action to ensure that it is appropriate. In applying the test of justice, assess your own sense of fairness by determining whether you would treat others the same in this situation.
For the test of publicity, ask yourself whether you would want your behavior reported in the press. The test of universality asks you to assess whether you could recommend the same course of action to another counselor in the same situation.
If the course of action you have selected seems to present new ethical issues, then you 'll need to go back to the beginning and reevaluate each step of the process. Perhaps you have chosen the wrong option or you might have identified the problem incorrectly.
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If you can answer in the affirmative to each of the questions suggested (thus passing the tests of justice, publicity, and universality) and you are satisfied that you have selected an appropriate course of action, then you are ready to move on to implementation.
Implement the course of action. Taking the appropriate action in an ethical dilemma is often difficult. The final step involves strengthening your ego to allow you to carry out your plan.
After implementing your course of action, it is good practice to follow up on the situation to assess whether your actions had the anticipated effect and consequences.
The Ethical Decision Making Model at a Glance
1. Identify the problem.
2. Apply the ACA Code of Ethics.
3. Determine the nature and dimensions of the dilemma.
4. Generate potential courses of action.
5. Consider the potential consequences of all options, choose a course of action.
6. Evaluate the selected course of action.
7. Implement the course of action.
Also helpful check list would be, the five basic areas for consideration when evaluating an ethical situation are:
•
•
•
•
•
Autonomy- honoring the client’s right to independence and freedom as well as their decision making abilities.
Beneficence- the doing of good to others.
Non-maleficence (the responsibility to avoid harm) not doing harm through your actions.
Justice- being fair and treating clients equally.
Fidelity- the practice of honesty and loyalty
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Assignment 2
Read the statutes pertaining to counselors on your state 's counseling board website and summarize the parts of the law that you find interesting or different from what you had imagined.
Your discussion should be at least 3 pages. Attached is a list of counseling board website laws/rules/regulations for each of our different states of our Wayland campuses that have counselor education programs that have students in this class.
TITLE 22
EXAMINING BOARDS
PART 35
TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS
CHAPTER 801 LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER L COMPLAINTS AND VIOLATIONS
RULE §801.296 Complaint Procedures
Texas code shares that it utilizes interpersonal cognitive, cognitive-behavioral, behavioral, psychodynamic and affective methods and strategies to achieve mental, emotional, physical, social, moral, education, spiritual and career development and adjustment through the life span”
This description is so broad to apply to different types of counseling.
For Marriage and Family Therapist the complaint process is rather thorough. The process provides the opportunity for a person to make a complaint in a reasonable amount of time and also provides protections for the person making the complaint. I would add the available to complete an anonymous form availability to at least be able to submit initial information.
A person wishing to report a complaint or allege a violation of the Act or this chapter by a licensee or other person may notify the department staff. The initial notification of a complaint may be in writing, by telephone, or by personal visit to the board office. A complaint shall not be accepted by the board office if the official complaint form is not filed within 5 years of the date of termination of the licensee-client relationship which gave rise to the alleged violations. If the client was a minor at the time of the alleged violation, this time limitation does not begin to run until the client reaches the age of 18 years. A complainant shall be notified of the non-acceptance of untimely complaints. This time limitation shall not apply to complaints involving violations of
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§801.45 of this title (relating to Sexual Misconduct) or any of the board 's other rules relating to sexual misconduct. The board may waive this time limit in cases of egregious acts or continuing threats to public health or safety when presented with evidence that warrants such action.
Upon learning of a complaint, the department staff may assist the person to obtain an official complaint form from the board 's web site or offer to send to the complainant an official form which the complainant should complete and return to the board office. The executive director may refer an anonymous complaint for an investigation, if it appears that enough information has been provided regarding the alleged violation to conduct an investigation.
Upon receipt of a written complaint, the department staff shall send an acknowledgment letter to the complainant. The executive director or executive director 's designee shall determine whether the complaint appears to be within the jurisdiction of the board. If the complaint does not appear to be within the jurisdiction of the board or if the matters alleged in the complaint would not constitute a violation of the Act or this chapter, the executive director may dismiss the complaint and give written notice of dismissal to the licensee or person against whom the complaint has been filed, the complainant, and the ethics committee. The ethics committee, upon review, may reverse or amend the decision of the executive director and reopen the case. If the complaint does appear to be within the jurisdiction of the board, the executive director shall refer the complaint for an investigation and determine whether to notify the alleged violator of the complaint by mail within 45 days and request that the alleged violator submit a written response regarding the complaint within 15 days of receipt of the notice. For any complaint, the board or executive director or his/her designee may request that all relevant client records be submitted for consideration in conjunction with the investigation of an allegation. The board may consider failure to respond to a request for a response to a complaint or failure to respond to a request for
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information to be evidence of failure to cooperate in an investigation. If the executive director determines that the respondent to the complaint should not be notified within 45 days by mail, an investigator of the department shall notify the respondent of the complaint by letter, by telephone, or in person.
Department investigative staff shall collect all information related to the complaint.
Department investigative staff shall prepare an investigative report or summary. The chair shall appoint an ethics committee, which shall include at least one public board member, to review the complaint and the supporting documentation. The ethics committee shall be appointed to work with the executive director to:
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review each complaint and determine what action to take, if any;
(2) ensure that complaints are not dismissed without appropriate consideration;
(3) ensure that a person who files a complaint has an opportunity to explain the allegations made in the complaint; and
(4) dismiss complaint cases on which no formal action will be taken or recommend formal action to be taken and participate in subsequent due processes afforded to the respondent under the Act or this chapter.
(e) Department staff shall keep an information file about each complaint which will include the following:
all persons contacted in relation to the complaint;
a summary of findings made in each step of the complaint process;
an explanation of the legal basis and reason for a complaint that is dismissed; and other relevant information.
Department staff shall periodically notify the parties to the complaint of status of the complaint until the complaint is resolved.
The ethics committee, executive director, or executive director 's designee may request further investigation of the complaint.
After an investigation has been completed, the person completing the investigation shall submit the findings to the ethics committee, executive director, or executive director 's designee. The written investigative report shall set out all facts obtained during the investigation. If the ethics committee determines that there are insufficient grounds to support the finding of a violation or act upon the complaint, the ethics committee may dismiss the complaint with a finding of no violation. Department staff shall give written notice of the dismissal to the complainant and the licensee or person against whom the complaint has been filed.
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If the ethics committee determines that there are sufficient grounds to support the finding of one or more violations, the ethics committee will consider the relevant factors identified in §801.301 of this title (relating to Relevant Factors) and the severity level and sanction guide in §801.302 of this title (relating to Severity Level and Sanction
Guide) and determine what recommended action to take against the respondent to the complaint, if any. The ethics committee will report to the board any proposed disciplinary actions to be taken against a licensee. If the respondent is not a licensee of the board or a person whose expired license is no longer renewable and is found to have violated the Texas Occupations Code, Chapter 502, the board may issue an order to cease and desist and may refer the case to the Office of Attorney General for appropriate action. Running header: Assignments 1-4: CNSL 5307
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Assignment 3
Read the following codes of ethics—APA (American Psychological Association), ACA, MFT
(Marriage and Family Therapy), ASCA (American School Counseling Association) and ASGW
(Association for Specialist in Group work). Discuss areas in which they are similar and specifically mention all areas in which they disagree. What is your opinion on the disagreements? This paper should be at least 4 pages in length.
Various professional organizations (counseling, social work, psychiatry, psychology, marriage and family therapy, human services) have established codes of ethics that provide broad guidelines for mental health practitioners. The codes of these national professional organizations have similarities, and they also have differences. In addition, national certification boards, other professional associations, specialty areas within the counseling profession, and state regulatory boards all have their own ethics or professional practice documents. Specialty guidelines are available to cover areas not adequately addressed by the general ethics codes. For example, the textbook shared that the American Psychological Association
(APA) has some of the following specialty guidelines:
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•
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Guidelines for providers of psychological services to ethnic, linguistic, and culturally diverse populations, Guidelines for psychotherapy with lesbian, gay, and bisexual clients
Guidelines on multicultural education, training, research, practice, and organizational change for psychologists The National Association of Social Workers (From textbook) also has developed some practice guidelines, two of which are especially helpful in the area of end-of-life care:
Client self-determination in end-of-life decisions (From textbook)
NASW standards for social work practice in palliative and end-of-life care (From textbook)
Publications by the various professional organizations contain many resources to help you understand the issues underlying the ethical decisions you will be making in your professional life.
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There are various common themes of Codes of Ethics with various organizations. Each major mental health professional organization has its own code of ethics, and we strongly recommend that you obtain a copy of the ethics code of the profession you are planning to enter and familiarize yourself with their basic standards for ethical practice. Pleading ignorance of the specifics of the ethics code of one’s profession is not an excuse when engaging in unethical behavior. The ethics codes offered by most professional organizations are broad and general, rather than precise and specific. These codes do not provide specific answers to the ethical dilemmas you will encounter, but they do offer general guidance.
Although there are specific differences among the ethics codes of the various professional organizations,
The text book notes a number of similar themes:
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Promoting the welfare of consumers
Practicing within the scope of one’s competence
Doing no harm
Protecting client’s confidentiality and privacy
Acting ethically and responsibly
Avoiding exploitation
Upholding the integrity of the profession by striving for aspirational practice
Your own ethical awareness and problem-solving skills will determine how you translate the
various ethics codes into professional behavior. As the textbook shares, codes of ethics are not cookbooks for responsible professional behavior; they do not provide recipes for healthy ethical decision making.
Indeed, ethics codes offer unmistakably clear guidance for only a few problems. For example, the APA’s
(2002) ethics code is quite clear that it neither provides all the answers nor specifically addresses every dilemma that may confront a practitioner. In short, ethics codes are necessary, but not sufficient, for exercising ethical responsibility. It is essential that you be aware of the limitations of such codes according to the textbook. Here are some limitations and problems you might encounter as you strive to be ethically responsible: Some issues cannot be handled solely by relying on ethics codes. Some codes lack clarity and precision, which makes assessment of an ethical dilemma unclear. Simply learning the ethics codes and practice guidelines will not necessarily make for ethical practice.
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Conflicts sometimes emerge within ethics codes as well as among various organizations’ codes.
Practitioners who belong to multiple professional associations, are licensed by their state, and hold national certifications may be responsible to practice within the framework of numerous codes of ethics, yet these codes may not be uniform.
Ethics codes tend to be reactive rather than proactive. A practitioner’s personal values may conflict with a specific standard within an ethics code. Codes may conflict with institutional policies and practices. Ethics codes need to be understood within a cultural framework; therefore, they must be adapted to specific cultures. Codes may not align with state laws or regulations regarding reporting requirements.
Because of the diverse viewpoints within any professional organization, not all members will agree with all elements of an organization’s ethics code. The textbook suggests that codes of ethics fulfill three objectives. The first objective is to educate professionals about sound ethical conduct. Reading and reflecting on the standards can help practitioners expand their awareness and clarify their values in dealing with the challenges of their work. Second, ethical standards provide a mechanism for professional accountability. Practitioners are obliged not only to monitor their own behavior, but also to encourage ethical conduct in their colleagues. One of the best ways for practitioners to guard the welfare of their clients or students and to protect themselves from malpractice suits is to practice within the spirit of the ethics codes. Third, codes of ethics serve as catalysts for improving practice. When practitioners must interpret and apply the codes in their own practices, the questions raised help to clarify their positions on dilemmas that do not have simple or absolute answers. You can imagine the chaos if people were to practice without guidelines so that the resolution of ethical dilemmas rested solely with the individual clinician. Running header: Assignments 1-4: CNSL 5307
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Assignment 4
Each student will choose a past active licensure discipline case and will write a paper (at least 3 pages long) about where the disciplinary situation went wrong and what could have been done
differently.
We are using Florida cases to avoid someone already knowing about the case.
I am going to summarize the information in the pdf line by line I will use some of the legal substitutions. Funny that I selected one that had so many complaints. This issue ended up having three counts of misconduct against him. This guy really messed up. His first issue was even considering this as a possible relationship. This case goes on for several more pages in just the administrative complaint.
This gentleman first mistake was to see the client at a residence and counseling her in her home. Then to add more ethical problems to the situation was to begin to socialize with her. The therapist also made grave mistakes was in his keeping track of financials and continuing to charge for social activities. I think the guys was a gigolo. However after several weeks he did stop charging, but the sexual relationship continued. Additional areas of complaints were the actual records of the psychotherapy services. The records were not accurate, did not have the detail required by a therapist including symptoms, what transpired in any therapy, dates of services, types of services; progress notes, outcomes and financial
records.
Case No. 94-08259; Respondent, John Henry Rape, holds Florida license number MH
0000329, as a licensed mental health counselor. Petitioner has filed an Administrative Complaint seeking suspension, revocation, or other action against the license.
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ADMINISTRATIVE COMPLAINT
The Petitioner, Agency For Health Care Administration, hereinafter referred to as
"Petitioner", Represented in this matter by the Department of Business and Professional
Regulation, and files this Administrative Complaint before the Board of Clinical Social Work,
Marriage & Family Therapy, and Mental Health counseling against JOHN HENRY RAPE, hereinafter referred to as "Respondent", and alleges:
1. Petitioner is the State agency char9ed with regulating the practice of Clinical social work,
Marriage & Family Therapy, and Mental Health Counselors pursuant to Section 20.165, Florida
Statutes, Chapter 455 Florida Statutes, and Chapter 491 , Florida Statutes.
2. Respondent is, and at all times material hereto has been, a licensed Mental Health
counselor in the State of Florida having been issued license number MH 0000329. The
Respondent 's last known address of record is 1681 Maitland Avenue, Maitland, Florida
32751.
3. On or about October 14 , 1986, P.S. contacted Psychological Services, Inc., of Altamonte
Springs, Florida, for the purposes of obtaining the name of a counselor. Respondent 's name was provided and P.S. met with him on this date to see if she would prefer
Respondent to the counsel. Or she was then seeing.
4. P.S. left the Respondent 's office without having indicated that she would become a
patient.
5. On or about October 16, 1986, P.s. attempted suicide and was admitted to Florida Hospital
under the cars of Dr. R.E. Ballentine. Dr. Ballentine placed P.S. on medication for depression and recommended that she see the Respondent regularly.
6. P.S.. Became Respondent 's patient on a weekly basis beginning on October 28, 1986.
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7. In March of 1987, P.S. called the Respondent and informed him that she was extremely depressed. Respondent offered to go to P.S. 's home to counsel her.
8. Thereafter, Respondent went to P.S. 's home more than one time a week during which the
two played tennis, took walks, and ate lunch together. P.S. was paying the Respondent 's regular office fee of $65.00 for these visits.
9. In approximately April 1987, during these sessions, Respondent and P.S. began to engage
in sexual activity including kissing, oral sex, and sexual intercourse. Several weeks thereafter, the Respondent stopped charging P.s. for treatment sessions.
10. The sexual relationship between Respondent and P.S. continued until approximately
January 1988.
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References
Callanan, P, Corey, G & Corey, M,. (2011), Issues and Ethics in the Helping Professions, 8th ed.
Belmont, CA: Cengage.
Agency for Health Care Administrations v. John Henry Rape, Case No. 94-08259,
Final Order No. AHCA-96-00—6., 1996.
Assignments 1-4: CNSL 5307
Annette Coon
Wayland Baptist University
CNSL 5307: Dr. Bryan Moffitt
1
2
Assignments 1-4: CNSL 5307
Abstract
This document will have 4 assignment sections. Each part is a response to four different assignments for the semester regarding the material learned in CNSL 5307: ETHICS AND
LEGAL ISSUES IN COUNSELING utilizing a textbook titled, Issues and Ethics in the Helping
Professions, 8th Edition by Gerald Corey, Marianne Schneider Corey, Patrick Callanan. This document will share the various approaches to understanding success in being an ethical counselor and “the ingredients of successful therapy.” In addition thoughts and reflections from what I have gained will also be communicated. …show more content…
Running header: Assignments 1-4: CNSL 5307
3
Assignment 1
There are moral, ethical, and legal issues identified in most situations. Often times they are not in agreement. Describe 4 completely different situations that demonstrate moral, ethical, and/or legal disagreement. How would you go about navigating the best course of action to take?
Explain your opinions thoroughly. Your paper should be at least 3 pages in length.
One: Marcus, a therapist in a community agency, recently divorced his wife and seems to
be harboring anger towards women in general. His colleagues, who have noticed a change in his attitude and behavior lately, have encouraged him to seek personal counseling to work through his issues. They are acting ethically by recommending counseling for Marcus; as counselors, they recognize that personal issues that have not been worked through are likely to be projected onto clients. Two: Justine is a new counselor and very eager to get going. Also Justine is considering
research into the cycle of abused women. Ironically Justine has been selecting clients from the local crisis center. During her sessions, Justine questions whether she is trying to meet her clients ' needs or her own needs. Justine is engaging in meaningful self-reflection and selfassessment as a professional.
Three: Confidentiality must be breached and information must be reported by practitioners
when clients pose a danger to others; a child under the age of 16 is the victim of incest, rape, or child abuse; an older adult is being abused; the therapist determines that the client needs immediate, involuntary hospitalization.
Four: I caught a glimpse of an episode of a TV series called In Treatment about a
Psychologist treating several clients who is observed to be devoid of social, legal and ethical issues that arise. All things considered, this therapist is observed to be less helpful to his clients and instead could be causing them more harm than good as he does not stand by client autonomy
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which is one of the highest priorities of counseling. I conclude he is in need of guidance from an ethically professional supervisor to help him implement ethical standards in his practice.
All of these issues need to consider applying the ACA Code of Ethics. After you have clarified the problem, refer to the Code of Ethics (ACA, 2005) to see if the issue is addressed there. If there is an applicable standard or several standards and they are specific and clear, following the course of action indicated should lead to a resolution of the problem. To be able to apply the ethical standards, it is essential that you have read them carefully and that you understand their implications. If the problem is more complex and a resolution does not seem apparent, then you probably have a true ethical dilemma and need to proceed with further steps in the ethical decision making process.
Determine the nature and dimensions of the dilemma. There are several avenues to follow in order to ensure that you have examined the problem in all its various dimensions. Consider the moral principles of autonomy, nonmaleficence, beneficence, justice, and fidelity. Decide which principles apply to the specific situation, and determine which principle takes priority for you in this case.
In theory, each principle is of equal value, which means that it is your challenge to determine the priorities when two or more of them are in conflict. Review the relevant professional literature to ensure that you are using the most current professional thinking in reaching a decision. Consult with experienced professional colleagues and/or supervisors. As they review with you the information you have gathered, they may see other issues that are relevant or provide a perspective you have not considered. They may also be able to identify aspects of the
Running header: Assignments 1-4: CNSL 5307
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dilemma that you are not viewing objectively. Consult your state or national professional associations to see if they can provide help with the dilemma.
Generate potential courses of action. Brainstorm as many possible courses of action as possible. Be creative and consider all options. If possible, enlist the assistance of at least one colleague to help you generate options.
Consider the potential consequences of all options and determine a course of action.
Considering the information you have gathered and the priorities you have set evaluate each option and assess the potential consequences for all the parties involved. Ponder the implications of each course of action for the client, for others who will be affected, and for yourself as a counselor. Eliminate the options that clearly do not give the desired results or cause even more problematic consequences. Review the remaining options to determine which option or combination of options best fits the situation and addresses the priorities you have identified.
Evaluate the selected course of action. Review the selected course of action to see if it presents any new ethical considerations. It is suggested that applying three simple tests to the selected course of action to ensure that it is appropriate. In applying the test of justice, assess your own sense of fairness by determining whether you would treat others the same in this situation.
For the test of publicity, ask yourself whether you would want your behavior reported in the press. The test of universality asks you to assess whether you could recommend the same course of action to another counselor in the same situation.
If the course of action you have selected seems to present new ethical issues, then you 'll need to go back to the beginning and reevaluate each step of the process. Perhaps you have chosen the wrong option or you might have identified the problem incorrectly.
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If you can answer in the affirmative to each of the questions suggested (thus passing the tests of justice, publicity, and universality) and you are satisfied that you have selected an appropriate course of action, then you are ready to move on to implementation.
Implement the course of action. Taking the appropriate action in an ethical dilemma is often difficult. The final step involves strengthening your ego to allow you to carry out your plan.
After implementing your course of action, it is good practice to follow up on the situation to assess whether your actions had the anticipated effect and consequences.
The Ethical Decision Making Model at a Glance
1. Identify the problem.
2. Apply the ACA Code of Ethics.
3. Determine the nature and dimensions of the dilemma.
4. Generate potential courses of action.
5. Consider the potential consequences of all options, choose a course of action.
6. Evaluate the selected course of action.
7. Implement the course of action.
Also helpful check list would be, the five basic areas for consideration when evaluating an ethical situation are:
•
•
•
•
•
Autonomy- honoring the client’s right to independence and freedom as well as their decision making abilities.
Beneficence- the doing of good to others.
Non-maleficence (the responsibility to avoid harm) not doing harm through your actions.
Justice- being fair and treating clients equally.
Fidelity- the practice of honesty and loyalty
Running header: Assignments 1-4: CNSL 5307
7
Assignment 2
Read the statutes pertaining to counselors on your state 's counseling board website and summarize the parts of the law that you find interesting or different from what you had imagined.
Your discussion should be at least 3 pages. Attached is a list of counseling board website laws/rules/regulations for each of our different states of our Wayland campuses that have counselor education programs that have students in this class.
TITLE 22
EXAMINING BOARDS
PART 35
TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS
CHAPTER 801 LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER L COMPLAINTS AND VIOLATIONS
RULE §801.296 Complaint Procedures
Texas code shares that it utilizes interpersonal cognitive, cognitive-behavioral, behavioral, psychodynamic and affective methods and strategies to achieve mental, emotional, physical, social, moral, education, spiritual and career development and adjustment through the life span”
This description is so broad to apply to different types of counseling.
For Marriage and Family Therapist the complaint process is rather thorough. The process provides the opportunity for a person to make a complaint in a reasonable amount of time and also provides protections for the person making the complaint. I would add the available to complete an anonymous form availability to at least be able to submit initial information.
A person wishing to report a complaint or allege a violation of the Act or this chapter by a licensee or other person may notify the department staff. The initial notification of a complaint may be in writing, by telephone, or by personal visit to the board office. A complaint shall not be accepted by the board office if the official complaint form is not filed within 5 years of the date of termination of the licensee-client relationship which gave rise to the alleged violations. If the client was a minor at the time of the alleged violation, this time limitation does not begin to run until the client reaches the age of 18 years. A complainant shall be notified of the non-acceptance of untimely complaints. This time limitation shall not apply to complaints involving violations of
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§801.45 of this title (relating to Sexual Misconduct) or any of the board 's other rules relating to sexual misconduct. The board may waive this time limit in cases of egregious acts or continuing threats to public health or safety when presented with evidence that warrants such action.
Upon learning of a complaint, the department staff may assist the person to obtain an official complaint form from the board 's web site or offer to send to the complainant an official form which the complainant should complete and return to the board office. The executive director may refer an anonymous complaint for an investigation, if it appears that enough information has been provided regarding the alleged violation to conduct an investigation.
Upon receipt of a written complaint, the department staff shall send an acknowledgment letter to the complainant. The executive director or executive director 's designee shall determine whether the complaint appears to be within the jurisdiction of the board. If the complaint does not appear to be within the jurisdiction of the board or if the matters alleged in the complaint would not constitute a violation of the Act or this chapter, the executive director may dismiss the complaint and give written notice of dismissal to the licensee or person against whom the complaint has been filed, the complainant, and the ethics committee. The ethics committee, upon review, may reverse or amend the decision of the executive director and reopen the case. If the complaint does appear to be within the jurisdiction of the board, the executive director shall refer the complaint for an investigation and determine whether to notify the alleged violator of the complaint by mail within 45 days and request that the alleged violator submit a written response regarding the complaint within 15 days of receipt of the notice. For any complaint, the board or executive director or his/her designee may request that all relevant client records be submitted for consideration in conjunction with the investigation of an allegation. The board may consider failure to respond to a request for a response to a complaint or failure to respond to a request for
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information to be evidence of failure to cooperate in an investigation. If the executive director determines that the respondent to the complaint should not be notified within 45 days by mail, an investigator of the department shall notify the respondent of the complaint by letter, by telephone, or in person.
Department investigative staff shall collect all information related to the complaint.
Department investigative staff shall prepare an investigative report or summary. The chair shall appoint an ethics committee, which shall include at least one public board member, to review the complaint and the supporting documentation. The ethics committee shall be appointed to work with the executive director to:
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review each complaint and determine what action to take, if any;
(2) ensure that complaints are not dismissed without appropriate consideration;
(3) ensure that a person who files a complaint has an opportunity to explain the allegations made in the complaint; and
(4) dismiss complaint cases on which no formal action will be taken or recommend formal action to be taken and participate in subsequent due processes afforded to the respondent under the Act or this chapter.
(e) Department staff shall keep an information file about each complaint which will include the following:
all persons contacted in relation to the complaint;
a summary of findings made in each step of the complaint process;
an explanation of the legal basis and reason for a complaint that is dismissed; and other relevant information.
Department staff shall periodically notify the parties to the complaint of status of the complaint until the complaint is resolved.
The ethics committee, executive director, or executive director 's designee may request further investigation of the complaint.
After an investigation has been completed, the person completing the investigation shall submit the findings to the ethics committee, executive director, or executive director 's designee. The written investigative report shall set out all facts obtained during the investigation. If the ethics committee determines that there are insufficient grounds to support the finding of a violation or act upon the complaint, the ethics committee may dismiss the complaint with a finding of no violation. Department staff shall give written notice of the dismissal to the complainant and the licensee or person against whom the complaint has been filed.
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If the ethics committee determines that there are sufficient grounds to support the finding of one or more violations, the ethics committee will consider the relevant factors identified in §801.301 of this title (relating to Relevant Factors) and the severity level and sanction guide in §801.302 of this title (relating to Severity Level and Sanction
Guide) and determine what recommended action to take against the respondent to the complaint, if any. The ethics committee will report to the board any proposed disciplinary actions to be taken against a licensee. If the respondent is not a licensee of the board or a person whose expired license is no longer renewable and is found to have violated the Texas Occupations Code, Chapter 502, the board may issue an order to cease and desist and may refer the case to the Office of Attorney General for appropriate action. Running header: Assignments 1-4: CNSL 5307
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Assignment 3
Read the following codes of ethics—APA (American Psychological Association), ACA, MFT
(Marriage and Family Therapy), ASCA (American School Counseling Association) and ASGW
(Association for Specialist in Group work). Discuss areas in which they are similar and specifically mention all areas in which they disagree. What is your opinion on the disagreements? This paper should be at least 4 pages in length.
Various professional organizations (counseling, social work, psychiatry, psychology, marriage and family therapy, human services) have established codes of ethics that provide broad guidelines for mental health practitioners. The codes of these national professional organizations have similarities, and they also have differences. In addition, national certification boards, other professional associations, specialty areas within the counseling profession, and state regulatory boards all have their own ethics or professional practice documents. Specialty guidelines are available to cover areas not adequately addressed by the general ethics codes. For example, the textbook shared that the American Psychological Association
(APA) has some of the following specialty guidelines:
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Guidelines for providers of psychological services to ethnic, linguistic, and culturally diverse populations, Guidelines for psychotherapy with lesbian, gay, and bisexual clients
Guidelines on multicultural education, training, research, practice, and organizational change for psychologists The National Association of Social Workers (From textbook) also has developed some practice guidelines, two of which are especially helpful in the area of end-of-life care:
Client self-determination in end-of-life decisions (From textbook)
NASW standards for social work practice in palliative and end-of-life care (From textbook)
Publications by the various professional organizations contain many resources to help you understand the issues underlying the ethical decisions you will be making in your professional life.
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There are various common themes of Codes of Ethics with various organizations. Each major mental health professional organization has its own code of ethics, and we strongly recommend that you obtain a copy of the ethics code of the profession you are planning to enter and familiarize yourself with their basic standards for ethical practice. Pleading ignorance of the specifics of the ethics code of one’s profession is not an excuse when engaging in unethical behavior. The ethics codes offered by most professional organizations are broad and general, rather than precise and specific. These codes do not provide specific answers to the ethical dilemmas you will encounter, but they do offer general guidance.
Although there are specific differences among the ethics codes of the various professional organizations,
The text book notes a number of similar themes:
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Promoting the welfare of consumers
Practicing within the scope of one’s competence
Doing no harm
Protecting client’s confidentiality and privacy
Acting ethically and responsibly
Avoiding exploitation
Upholding the integrity of the profession by striving for aspirational practice
Your own ethical awareness and problem-solving skills will determine how you translate the
various ethics codes into professional behavior. As the textbook shares, codes of ethics are not cookbooks for responsible professional behavior; they do not provide recipes for healthy ethical decision making.
Indeed, ethics codes offer unmistakably clear guidance for only a few problems. For example, the APA’s
(2002) ethics code is quite clear that it neither provides all the answers nor specifically addresses every dilemma that may confront a practitioner. In short, ethics codes are necessary, but not sufficient, for exercising ethical responsibility. It is essential that you be aware of the limitations of such codes according to the textbook. Here are some limitations and problems you might encounter as you strive to be ethically responsible: Some issues cannot be handled solely by relying on ethics codes. Some codes lack clarity and precision, which makes assessment of an ethical dilemma unclear. Simply learning the ethics codes and practice guidelines will not necessarily make for ethical practice.
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Conflicts sometimes emerge within ethics codes as well as among various organizations’ codes.
Practitioners who belong to multiple professional associations, are licensed by their state, and hold national certifications may be responsible to practice within the framework of numerous codes of ethics, yet these codes may not be uniform.
Ethics codes tend to be reactive rather than proactive. A practitioner’s personal values may conflict with a specific standard within an ethics code. Codes may conflict with institutional policies and practices. Ethics codes need to be understood within a cultural framework; therefore, they must be adapted to specific cultures. Codes may not align with state laws or regulations regarding reporting requirements.
Because of the diverse viewpoints within any professional organization, not all members will agree with all elements of an organization’s ethics code. The textbook suggests that codes of ethics fulfill three objectives. The first objective is to educate professionals about sound ethical conduct. Reading and reflecting on the standards can help practitioners expand their awareness and clarify their values in dealing with the challenges of their work. Second, ethical standards provide a mechanism for professional accountability. Practitioners are obliged not only to monitor their own behavior, but also to encourage ethical conduct in their colleagues. One of the best ways for practitioners to guard the welfare of their clients or students and to protect themselves from malpractice suits is to practice within the spirit of the ethics codes. Third, codes of ethics serve as catalysts for improving practice. When practitioners must interpret and apply the codes in their own practices, the questions raised help to clarify their positions on dilemmas that do not have simple or absolute answers. You can imagine the chaos if people were to practice without guidelines so that the resolution of ethical dilemmas rested solely with the individual clinician. Running header: Assignments 1-4: CNSL 5307
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Assignment 4
Each student will choose a past active licensure discipline case and will write a paper (at least 3 pages long) about where the disciplinary situation went wrong and what could have been done
differently.
We are using Florida cases to avoid someone already knowing about the case.
I am going to summarize the information in the pdf line by line I will use some of the legal substitutions. Funny that I selected one that had so many complaints. This issue ended up having three counts of misconduct against him. This guy really messed up. His first issue was even considering this as a possible relationship. This case goes on for several more pages in just the administrative complaint.
This gentleman first mistake was to see the client at a residence and counseling her in her home. Then to add more ethical problems to the situation was to begin to socialize with her. The therapist also made grave mistakes was in his keeping track of financials and continuing to charge for social activities. I think the guys was a gigolo. However after several weeks he did stop charging, but the sexual relationship continued. Additional areas of complaints were the actual records of the psychotherapy services. The records were not accurate, did not have the detail required by a therapist including symptoms, what transpired in any therapy, dates of services, types of services; progress notes, outcomes and financial
records.
Case No. 94-08259; Respondent, John Henry Rape, holds Florida license number MH
0000329, as a licensed mental health counselor. Petitioner has filed an Administrative Complaint seeking suspension, revocation, or other action against the license.
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ADMINISTRATIVE COMPLAINT
The Petitioner, Agency For Health Care Administration, hereinafter referred to as
"Petitioner", Represented in this matter by the Department of Business and Professional
Regulation, and files this Administrative Complaint before the Board of Clinical Social Work,
Marriage & Family Therapy, and Mental Health counseling against JOHN HENRY RAPE, hereinafter referred to as "Respondent", and alleges:
1. Petitioner is the State agency char9ed with regulating the practice of Clinical social work,
Marriage & Family Therapy, and Mental Health Counselors pursuant to Section 20.165, Florida
Statutes, Chapter 455 Florida Statutes, and Chapter 491 , Florida Statutes.
2. Respondent is, and at all times material hereto has been, a licensed Mental Health
counselor in the State of Florida having been issued license number MH 0000329. The
Respondent 's last known address of record is 1681 Maitland Avenue, Maitland, Florida
32751.
3. On or about October 14 , 1986, P.S. contacted Psychological Services, Inc., of Altamonte
Springs, Florida, for the purposes of obtaining the name of a counselor. Respondent 's name was provided and P.S. met with him on this date to see if she would prefer
Respondent to the counsel. Or she was then seeing.
4. P.S. left the Respondent 's office without having indicated that she would become a
patient.
5. On or about October 16, 1986, P.s. attempted suicide and was admitted to Florida Hospital
under the cars of Dr. R.E. Ballentine. Dr. Ballentine placed P.S. on medication for depression and recommended that she see the Respondent regularly.
6. P.S.. Became Respondent 's patient on a weekly basis beginning on October 28, 1986.
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7. In March of 1987, P.S. called the Respondent and informed him that she was extremely depressed. Respondent offered to go to P.S. 's home to counsel her.
8. Thereafter, Respondent went to P.S. 's home more than one time a week during which the
two played tennis, took walks, and ate lunch together. P.S. was paying the Respondent 's regular office fee of $65.00 for these visits.
9. In approximately April 1987, during these sessions, Respondent and P.S. began to engage
in sexual activity including kissing, oral sex, and sexual intercourse. Several weeks thereafter, the Respondent stopped charging P.s. for treatment sessions.
10. The sexual relationship between Respondent and P.S. continued until approximately
January 1988.
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References
Callanan, P, Corey, G & Corey, M,. (2011), Issues and Ethics in the Helping Professions, 8th ed.
Belmont, CA: Cengage.
Agency for Health Care Administrations v. John Henry Rape, Case No. 94-08259,
Final Order No. AHCA-96-00—6., 1996.