Ethical, Legal and Professional Issues in Community Counseling

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COUN 694:

Ethical, Legal and Professional Issues in Community Counseling

Winter 2008

2 credit hours

Wednesdays 5:30 to 7:15 p.m.

Instructor: Dibya Choudhuri, Ph.D., LPC, NCC, ACS

Office: 304 Porter Building

Phone: 734-487-0255

Office Hours: Mon, Wed, Thurs 1:00 to 4:00, and by appointment

E-mail: Dibya.choudhuri@emich.edu

Course Website:

Course Description

In order to work effectively in community settings, counselors must be aware of continuous changes in the profession. Of particular importance are ethical and legal issues that affect counseling, along with professional considerations such as community counselor identity, relationships with other mental health professionals, credentialing of mental health professionals, and managed care and third-party reimbursement. This course provides an opportunity for indepth study of these areas.

Course Objectives

To become familiar with ethical decision-making models

To use ethical decision-making models to examine current ethical and legal issues/problems facing community counseling professionals

To learn about licensing and certification for counselors and other mental health professionals in the state and nation.

To understand and be able to communicate information about the counselor’s scope of practice as defined by Michigan licensure law

To be familiar with issues pertinent to community counselors, such as recognition of the profession, right to practice, and third party reimbursements.

To be familiar with professional issues pertinent to practice in community settings

To be prepared for a job search in community settings.

Course Expectations:

Since this is a seminar, class attendance and participation are extremely important. It is expected that students will have done the assigned readings, will come to class prepared to discuss those readings, and will submit all written work on time. Missing more than 1 class will lower a student's grade by half a grade (E.g. from A to an A-).

Required Reading:

E-Reserves Readings at http://reserves.emich.edu/eres/

COUN 694 W08 - 2

COURSE REQUIREMENTS

Professional Disclosure Statement (due February 20) (15%)

After the topics of informed consent and professional disclosure are discussed in class, students will draft their own disclosure statements. Disclosure statements should be professionally appropriate for submission as part of an LLPC application and should reflect community agency/mental health counseling work (unless presented by a student in another program track)

Analyses of Ethical Dilemmas (due March 12) (30%)

Several ethical dilemmas will be assigned. This paper will include a discussion of how you would handle the situations and your rationale for doing so. (Dilemmas and questions to answer will be distributed in class)

Reflective research and literature paper (due April 9) (25%)

Based on a topic relevant to the student’s area of professional interest, the student will search the available literature, and develop a paper of approximately 10-12 pages in length.

Obtaining Employment in Community Agency Settings (due March 26)

The final project consists of two parts; the first part will be done individually, and the second will be done in dyads.

Part 1 (15 %)

Each student will select an ad (or a composite of several ads) for a counseling job in an agency setting. Note that this must be a community agency and not a school or college/university. The job must require a master’s degree in counseling or a related mental health profession (social work, psychology), along with the appropriate state licensure/certification.

The student will "apply" for the selected position and submit an application that includes the following: o Professional resume/vita o A letter of interest/introduction that describes: your master’s degree program; “core” areas your training covers; specialty courses/areas of interest to you; your internship requirement and setting (use a hypothetical setting if you have not begun your internship); how your degree compares with degrees in other mental health professions (social work and psychology); your counseling license; a counselor’s scope of practice.

To prepare an accurate and convincing letter of introduction, you may need to do some investigation beyond the class on issues such as how your training compares to master’s level training in social work and psychology; insurance reimbursement for LPC’s; counselor’s scope of practice: and what master’s level social workers and psychologists can do with their licenses or certification.

Part 2 (5%)

In dyads, students will develop a 15 – 20 minute roleplay of a job interview. The interview should be based on one of the positions for which a student developed an application in Part 1 above.

Students will work together to develop the interviewer’s questions and the interviewee’s responses.

Roleplays will be presented to the class at the end of the semester.

Class Participation and engagement (10%)

Each student will take on responsibility of leading the group discussion of assigned readings for 2 weeks, preparing questions for discussion based off the readings and addressing ethical, legal, and

COUN 694 W08 - 3 professional issues. All students must have completed the readings and be ready to discuss the articles and related issues.

CPCE/Portfolio

Students who are graduating in April, June, August, or December 2008 must either complete the CPCE or present their portfolios to their advisor by April 8, 2008. This is a program requirement for graduation.

Grading : Possible points and grade equivalents are as follows:

Class participation and engagement

Due na

Points

10 points

Reflective research and literature review paper April 9

Ethical dilemmas analysis March 12

Disclosure statement

Final Project

Feb 15

March 26

25 points

30 points

15 points

20 points(15 individual/5 dyad)

95 - 100 A 83 - 86.5 B 73 - 76.5 C

90 - 94.5 A- 80 - 82.5 B- 70 - 72.5 C-

87 - 89.5 B+ 77 - 79.5 C+

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COURSE OUTLINE

DATE TOPIC

1/ 9

1/16

Introduction/Course overview

Professional Identity

Professional associations and advocacy

Community and mental health counseling

1/23

Ethical and Legal Issues in Counseling

2005 ACA Code of Ethics and Standards of

Practice

NBCC Code of Ethics

AMHCA Code of Ethics

Ethical decision-making models

1/30

2/6

2/13

2/20

2/27

3/5

3/12

3/19

3/26

4/2

4/9

4/16

Client Welfare, Client Rights

Risk management

Informed consent – disclosure statements

Michigan Mental Health Code

Confidentiality and Privileged Communication

Definitions

Clients who are dangerous to others

Psychopharmacology

Clients who are dangerous to self

Minor Clients: Ethical and Legal Considerations

Rights of minors, Child abuse reporting

Winter Break

Counselor credentialing

Michigan Licensure Law

Diagnosis

Record Keeping

Boundary Issues and Multiple Relationships

Specific boundary issues

Multicultural considerations

Guidelines for decision-making

Supervision

Counselor Competence

Impairment

Role play interviews

Consultation and Advocacy

Current Issues in Community Counseling

Marketing yourself as a professional counselor

READING

Professionalism’s

Challenges -Gale & Austin

Advocacy - Myers,

Sweeney, & White

Counselor Licensure &

Scope of Practice (pp.14-16,

Appendix E, F)

Revision to Code of Ethics

ACA

AMHCA

Refusal to Counsel GLBT

Counselor Licensure &

Scope of Practice (p. 17)

Risk Management

MI Mental Health Code

Privileged Communication

Harm to others

Psychopharmacology

Suicide

Minors

Child Protection law

PDS Due

Counselor Licensure &

Scope of Practice (pp.9 –40)

Dr. Ametrano presents

Diagnosis

Subpoenas

Ethical Dilemmas Due

Professional Issues – read relevant professions descriptions

Professional Will

Ethical decision making

Sutter

Impaired Colleagues

Burnout

Final Project Application

Research Presentations

COUN 694 W08 - 5

Bibliography

Gale, A. U. & Austin, B. D. (2003). Professionalism’s challenges to professional counselors’ collective identity. Journal of Counseling & Development, 81, 3-10.

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.

American Mental Health Counselors Association. (2001). Code of Ethics of the American Mental health Counselors Association. Journal of Mental health Counseling, 23 , 2-21.

Garcia, J. G., Cartwright, B., Winston, S. M., & Borzuchowska, B. (2003). A transcultural integrative model for ethical decision making in counseling. Journal of Counseling &

Development, 81, 268-277.

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.

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.

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.

Kennedy, P. F., Vandehey, M., Norman, W.B., & Diekhoff, G. M. (2003). Recommendations for risk-management practices. Professional Psychology: Research and Practice, 34, 309-311.

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

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

Tishler, C. L., Gordon, L. B., & Landry,-Meyer, L. (2000). Managing the violent patient: A guide for psychologists and other mental health professionals. Professional Psychology: Research and Practice, 31, 34-41.

Knapp, S. & Vandercreek, L. (2001). Psychotherapists’ legal responsibility to third parties: Does it extend to alleged perpetrators of childhood abuse? Professional Psychology: Research and

Practice, 32, 479-483.

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

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

McAdams, C. R. & Foster, V. A. (2000). Client suicide: Its frequency and impact on counselors.

Journal of Mental Health Counseling, 22, 107-121.

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.

Sherman, M. D. & Thelen, M. H. (1998). Distress and professional impairment among psychologists in clinical practice. Professional Psychology: Research and Practice, 29, 79-85.

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.

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.

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

COUN 694 W08 - 6 relationships in rural practice. Professional Psychology: Research and Practice, 34, 430-434.

Woody, R. H. (1998). Bartering for psychological services. Professional Psychology: Research and Practice, 29, 174-178.

King, J. H. & Anderson, S. M. (2004). Therapeutic implications of pharmacotherapy: Current trends and ethical issues. Journal of Counseling & Development,82, 329-336.

Hermann, M. A. & Herlihy, B. R. (2006). Legal and ethical implications of refusing to counsel homosexual clients. Journal of Counseling & Development, 84, 414-418.

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.

Daniels, J. A. (2001). Managed care, ethics, and counseling. Journal of Counseling &

Development, 79, 119-122.

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

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

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