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Alabama Counseling Association
2011 Annual Conference
Alabama Counseling Association
2011 Annual Conference
Hot Topics in
Counselor Ethics
Alabama Counseling Association
2011 Annual Conference
Hot Topics in
Counselor Ethics
Patrice Hinton-Oswalt
University of Alabama at Birmingham
Michael R. Lebeau
Birmingham-Southern College
HOT TOPICS IN
Counselor
ETHICS
HOT TOPICS IN
Counselor
ETHICS
OVERVIEW
HOT TOPICS IN
OVERVIEW
It is important for
professionals to not only
do things right
but to also do the right thing
Counselor
ETHICS
Ethical behavior is the
framework upon which the
profession is built
HOT TOPICS IN
OVERVIEW
Ethics are necessary for all
counselors without regard to
setting, specialty
or technique
Counselor
ETHICS
Counselors are expected to
be knowledgeable about
the ACA Code of Ethics
HOT TOPICS IN
Counselor
ETHICS
OVERVIEW
Counselors must be able
to consistently apply the
ACA Code of Ethics
to the complex issues they
encounter in their
daily practice
HOT TOPICS IN
Counselor
ETHICS
HOT TOPICS IN
Counselor
ETHICS
DEFINITION
HOT TOPICS IN
Counselor
ETHICS
DEFINITION
When counselors refer to ethics,
it is often not clear whether they
are referring to codes of ethics,
moral values, legal limitations on
behavior, community standards,
or to some general sense of the
term that is meant to encompass
any one or all of these concepts
-Herlihy & Corey, 1996
HOT TOPICS IN
Counselor
ETHICS
DEFINITION
Ethics may be discussed in either
ideal language, referring to the
highest and best goals a counselor
may aspire to, or in practical
language, reflecting mandatory
minimal standards in professional
life
-Herlihy & Corey, 1996
HOT TOPICS IN
DEFINITION
The specification of a code of
ethics enables the association to
clarify the nature of the ethical
responsibilities held in common
by its members
Counselor
ETHICS
-ACA Code of Ethics
HOT TOPICS IN
Counselor
ETHICS
DEFINITION
HOT TOPICS IN
DEFINITION
n System of moral principles
n Recognized rules of conduct with
respect to a particular group
Counselor
ETHICS
n Accepted actions of a particular
group or culture
n Responsibilities held in common by a
specific group
n Standards of behavior
HOT TOPICS IN
DEFINITION
n Rules for appropriate conduct
n Rightness and wrongness of certain
actions and motives
Counselor
ETHICS
n Rules and principles that govern
actions, conduct and behavior
n Motivation based on ideas
of right and wrong
n Character of a community
HOT TOPICS IN
Counselor
ETHICS
HOT TOPICS IN
Counselor
ETHICS
FOUNDATION
HOT TOPICS IN
FOUNDATION
What is Moral?
Counselor
ETHICS
Personal belief system
Evaluation of action grounded in
cultural context , the values we’ve
learned, possibly religious standards
good, bad, right, wrong, should
HOT TOPICS IN
FOUNDATION
What is Ethical?
What should an ethical counselor
have done in this particular
situation?
Counselor
ETHICS
Principles and standards that
govern relationships between
individuals in a specified group
or community
HOT TOPICS IN
FOUNDATION
What is Legal?
Counselor
ETHICS
What would a reasonable similarly
educated professional practicing
in this community have done in
this particular situation?
Law or precise codification of
governing standards that are
established to ensure justice
HOT TOPICS IN
Counselor
ETHICS
HOT TOPICS IN
Counselor
ETHICS
REASONS
HOT TOPICS IN
REASONS
Reasons for Ethical Code
n Client Rights
n Expectations of Therapists
Counselor
ETHICS
n Professionalism
n Guidance
HOT TOPICS IN
REASONS
Reasons for Ethical Code
Offer formal statements
for ensuring protection
of client rights
Counselor
ETHICS
Identify expectations of
practitioners
Provide guidelines for the
professional behavior of
members on a personal level
HOT TOPICS IN
REASONS
Reasons for Ethical Code
Protect the profession from
government intervention
Counselor
ETHICS
Control internal disagreements
Protect practitioners from
malpractice lawsuits
Increase public trust in the
integrity of the profession
HOT TOPICS IN
Counselor
ETHICS
HOT TOPICS IN
Counselor
ETHICS
BASICS
HOT TOPICS IN
BASICS
Basic Ethical Behavior Regarding
Treatment of Clients
n Autonomy
n Non Malfeasance
Counselor
ETHICS
n Beneficence
n Justice
n Fidelity
HOT TOPICS IN
BASICS
Autonomy
Client independence
Counselor
ETHICS
Allowing the client the freedom
of choice and action
Encourage clients, when
appropriate, to make their
own decisions and to act
on their own values
HOT TOPICS IN
BASICS
Non Malfeasance
Not causing harm to others
Counselor
ETHICS
Often explained as "above all do
no harm”
Not inflicting intentional harm
Not engaging in actions that risk
harming others
HOT TOPICS IN
BASICS
Beneficence
Contribute to the welfare
of the client
Counselor
ETHICS
To do good
To be proactive, to prevent harm
HOT TOPICS IN
BASICS
Justice
Treating clients fairly
Counselor
ETHICS
Treating clients equally in
proportion to their relevant
differences
HOT TOPICS IN
BASICS
Fidelity
Loyalty, faithfulness, trust
Counselor
ETHICS
Honoring commitments and
fulfilling obligations
Clients must be able to trust the
counselor and have faith in the
therapeutic relationship
HOT TOPICS IN
Counselor
ETHICS
HOT TOPICS IN
Counselor
ETHICS
ETHICAL ISSUES
HOT TOPICS IN
ETHICAL ISSUES
n DIVERSITY
Counselor
ETHICS
HOT TOPICS IN
ETHICAL ISSUES
n DIVERSITY
n CONGRUENCE
Counselor
ETHICS
HOT TOPICS IN
ETHICAL ISSUES
n DIVERSITY
n CONGRUENCE
Counselor
ETHICS
n RELATIONSHIPS
HOT TOPICS IN
ETHICAL ISSUES
n DIVERSITY
n CONGRUENCE
Counselor
ETHICS
n RELATIONSHIPS
n TREATMENT
HOT TOPICS IN
ETHICAL ISSUES
n DIVERSITY
n CONGRUENCE
Counselor
ETHICS
n RELATIONSHIPS
n TREATMENT
n CONFIDENTIALITY
HOT TOPICS IN
Counselor
ETHICS
HOT TOPICS IN
Counselor
ETHICS
DIVERSITY
CONSIDERATIONS
HOT TOPICS IN
DIVERSITY
CONSIDERATIONS
n Multicultural awareness and
understanding
n Cultural sensitivity
Counselor
ETHICS
n Minimizing bias
n Respecting diversity and
differences
n Recognizing social and
historical prejudices
HOT TOPICS IN
DIVERSITY
CONSIDERATIONS
Counselors must recognize that
culture affects the manner in
which clients’ problems are
defined
Counselor
ETHICS
Clients’ socioeconomic and
cultural experiences must be
considered when diagnosing
mental disorders
-ACA Code of Ethics
HOT TOPICS IN
DIVERSITY
CONSIDERATIONS
Nondiscrimination
Counselor
ETHICS
Counselors do not condone or
engage in discrimination based on
age, culture, disability, ethnicity,
race, religion/spirituality, gender,
gender identity, sexual orientation,
marital status/partnership, language
preference, or socioeconomic status
-ACA Code of Ethics
HOT TOPICS IN
DIVERSITY
CONSIDERATIONS
Respecting Differences
Counselor
ETHICS
Counselors will actively attempt to
understand the diverse cultural
backgrounds of the clients with whom
they work…
including learning how the counselor's
own cultural, ethnic, and racial identity
impacts her or his values and beliefs
about the counseling process
-ACA Code of Ethics
HOT TOPICS IN
DIVERSITY
CONSIDERATIONS
Sensitivity
Counselor
ETHICS
Counselors communicate
information in ways that
are developmentally
and culturally appropriate
HOT TOPICS IN
DIVERSITY
CONSIDERATIONS
Sensitivity
Counselor
ETHICS
Counselors should select
appropriate techniques,
approaches, activities, and
assessment tools with
sensitivity to culturally
diverse populations
HOT TOPICS IN
DIVERSITY
CONSIDERATIONS
Sensitivity
Counselor
ETHICS
Counselors recognize historical and
social prejudices in the misdiagnosis
and pathologizing of certain
individuals and groups and the role
of mental health professionals in
perpetuating these prejudices
through diagnosis and treatment
-ACA Code of Ethics
HOT TOPICS IN
Counselor
ETHICS
HOT TOPICS IN
Counselor
ETHICS
COUNSELOR
CONGRUENCE
HOT TOPICS IN
COUNSELOR
CONGRUENCE
n Imposing counselor’s values
on the client
n Counselor’s self interest
Counselor
ETHICS
n Counselor’s awareness of
professional impairment
n Making appropriate referrals
HOT TOPICS IN
COUNSELOR
CONGRUENCE
Imposing Values
Counselor
ETHICS
Counselors should be aware
of their own values, attitudes,
beliefs and behaviors and avoid
imposing values that are
inconsistent with counseling
goals
-ACA Code of Ethics
HOT TOPICS IN
COUNSELOR
CONGRUENCE
Imposing Values
Counselor
ETHICS
The responsibility of counseling
professionals is to help clients
make the most appropriate
choices for themselves without
the counselor imposing
her/his values
HOT TOPICS IN
COUNSELOR
CONGRUENCE
Imposing Values
Counselor
ETHICS
The focus of ethical counseling
is always on the client’s own
feelings and thoughts,
not on those of the counselor
HOT TOPICS IN
COUNSELOR
CONGRUENCE
Imposing Values
Counselors are expected to give
unconditional positive regard
Counselor
ETHICS
Counselors are expected to be
non-judgmental
Counselors are expected to be
empathetic
HOT TOPICS IN
COUNSELOR
CONGRUENCE
Imposing Values
Counselor
ETHICS
The counselor accepts the
client unconditionally and
non-judgmentally
The client is free to explore all
thoughts and feelings, positive or
negative, without danger of
rejection or condemnation
HOT TOPICS IN
COUNSELOR
CONGRUENCE
Self Interest
Counselor
ETHICS
Counselors should always act in
the best interest of the client and
not in their own self interest
Counselors must never place
personal interests ahead of
those of the client
HOT TOPICS IN
COUNSELOR
CONGRUENCE
Self Interest
Counselor
ETHICS
Counselors should not take
advantage of others or exploit
others in their professional
relationship
HOT TOPICS IN
COUNSELOR
CONGRUENCE
Impairment
Counselor
ETHICS
Therapeutic impairment occurs
when there is a significant
negative impact on a counselor’s
professional functioning which
compromises client care or
poses the potential for
harm to the client
-ACA Code of Ethics
HOT TOPICS IN
COUNSELOR
CONGRUENCE
Impairment
Counselors may be impaired due to…
Counselor
ETHICS
Substance abuse or
chemical dependency
Mental illness
Personal crisis or trauma
HOT TOPICS IN
COUNSELOR
CONGRUENCE
Impairment
Counselors may be impaired due to…
Counselor
ETHICS
Insufficient knowledge, skill, or
training regarding the client’s particular
issue
Burnout from the stress of a
heavy or demanding workload
HOT TOPICS IN
COUNSELOR
CONGRUENCE
Impairment
Counselors may be impaired due to…
Counselor
ETHICS
Vicarious trauma or
counter transference
Discomfort with client’s background,
values, attitudes, and lifestyle
Unresolved emotional or
attitudinal issues
HOT TOPICS IN
COUNSELOR
CONGRUENCE
Referrals
Counselor
ETHICS
If counselors determine an inability to
be of professional assistance to clients,
they avoid entering or continuing
counseling relationships
Counselors are knowledgeable about
culturally and clinically appropriate
referral resources and suggest these
alternatives
-ACA Code of Ethics
HOT TOPICS IN
COUNSELOR
CONGRUENCE
Referrals
Counselor
ETHICS
When counselors transfer or refer
clients to other practitioners, they
ensure that appropriate clinical and
administrative processes are
completed and open communication
is maintained with both clients and
practitioners
-ACA Code of Ethics
HOT TOPICS IN
COUNSELOR
CONGRUENCE
Referrals
While making a referral, counselors
must avoid communicating…
Counselor
ETHICS
Judgment
Abandonment
Neglect
Rejection
Disdain or disgust
Condemnation
HOT TOPICS IN
Counselor
ETHICS
HOT TOPICS IN
Counselor
ETHICS
RELATIONSHIPS
HOT TOPICS IN
RELATIONSHIPS
n Counselor & Client Relationships
n Dual Relationships
n Multiple Relationships
Counselor
ETHICS
n Boundary Issues
n End of Life Issues
HOT TOPICS IN
RELATIONSHIPS
We do NOT provide services to:
n
n
n
n
Counselor
ETHICS
Friends
Family
Friends of Family
Family of Friends
We do NOT engage in friendship,
romance, or business with:
n Clients
n Friends of Clients
n Family of Clients
HOT TOPICS IN
Counselor
ETHICS
RELATIONSHIPS
HOT TOPICS IN
Counselor
ETHICS
RELATIONSHIPS
HOT TOPICS IN
RELATIONSHIPS
Counselor
Staff
Counselor
ETHICS
Case
Manager
Client
Family
Significant
Other
HOT TOPICS IN
RELATIONSHIPS
Neighbor
Counselor
Staff
Counselor
ETHICS
Case
Manager
Church
Member
Client
Business
Person
Family
PTA
President
Coach
Significant
Other
HOT TOPICS IN
Counselor
ETHICS
RELATIONSHIPS
HOT TOPICS IN
RELATIONSHIPS
When is a dual relationship
NOT an issue?
Persons who enter the Mental Health
field are not expected to sacrifice their
various roles or cease to act as friends,
neighbors, or members of the community
n
Counselor
ETHICS
Obviously, many boundary crossings
cannot be avoided but they should always
be managed for the protection and
benefit of the client
n
HOT TOPICS IN
RELATIONSHIPS
End of Life Issues
To obtain high quality end of life care
To exercise the highest degree of
self-determination possible
Counselor
ETHICS
To be given every opportunity possible to
engage in informed decision making
regarding their end of life care
To receive complete and adequate assessment
regarding their ability to make competent,
rational decisions on their own behalf from
a mental health professional who is
experienced in end of life care practice
HOT TOPICS IN
Counselor
ETHICS
HOT TOPICS IN
Counselor
ETHICS
TREATMENT
MODALITIES
HOT TOPICS IN
TREATMENT
MODALITIES
n Scientific basis for types
of treatment
n Selecting proper interventions
Counselor
ETHICS
n Proven techniques
n Harmful procedures, including
reparative therapy
HOT TOPICS IN
TREATMENT
MODALITIES
Scientific Basis
Counselor
ETHICS
Counselors use techniques,
procedures, and modalities
that are grounded in theory
and have an empirical or
scientific foundation
-ACA Code of Ethics
HOT TOPICS IN
TREATMENT
MODALITIES
Scientific Basis
Counselor
ETHICS
Counselors who use non-scientific
methods must label their techniques
or procedures as “unproven” or
“developing” and explain the potential
risks and ethical considerations of
using such techniques or procedures
and take steps to protect clients
from possible harm
-ACA Code of Ethics
HOT TOPICS IN
TREATMENT
MODALITIES
Unethical Therapy
Questionable practices regarding
treatment for homosexual clients
Counselor
ETHICS
Attempting to change a
client’s sexual orientation
Reparative Therapy
Conversion Therapy
Re-Orientation Therapy
Transformational Therapy
HOT TOPICS IN
TREATMENT
MODALITIES
Unethical Therapy
Reparative or conversion
therapy is not effective
Counselor
ETHICS
No empirical scientific support
exists for this approach
Can be harmful to clients
HOT TOPICS IN
TREATMENT
MODALITIES
Unethical Therapy
Counselor
ETHICS
Counselors who conduct this
type of therapy view same-sex
attractions and behaviors as
abnormal and unnatural and,
therefore, in need of "curing"
HOT TOPICS IN
TREATMENT
MODALITIES
Unethical Therapy
Counselor
ETHICS
The belief that same-sex
attraction and behavior is
abnormal and in need of
treatment is in opposition to
the position taken by national
mental health organizations,
including ACA
HOT TOPICS IN
TREATMENT
MODALITIES
Unethical Therapy
Counselor
ETHICS
ACA opposes portrayals
of lesbian, gay and bisexual
individuals as mentally ill
due to their sexual orientation
HOT TOPICS IN
TREATMENT
MODALITIES
Unethical Therapy
Counselor
ETHICS
ACA opposes the promotion
of reparative therapy as a
cure for individuals who
are homosexual
HOT TOPICS IN
TREATMENT
MODALITIES
Unethical Therapy
Counselor
ETHICS
According to the DSM-IV-TR,
homosexuality is not a mental
disorder in need of being changed
With this in mind, we have a
difficult time discussing the
appropriateness of conversion
therapy as a treatment plan
HOT TOPICS IN
TREATMENT
MODALITIES
Unethical Therapy
Counselor
ETHICS
No scientific evidence published
in psychological peer-reviewed journals
that conversion therapy
is effective in changing an individual's
sexual orientation from same-sex
attractions to opposite-sex attractions
HOT TOPICS IN
TREATMENT
MODALITIES
Unethical Therapy
Counselor
ETHICS
No longitudinal studies conducted
to follow the outcomes for those
individuals who have engaged in
this type of treatment
Research published in peer-reviewed
counseling journals indicates that
conversion therapies may harm clients
HOT TOPICS IN
Counselor
ETHICS
HOT TOPICS IN
Counselor
ETHICS
CLIENT
CONFIDENTIALITY
HOT TOPICS IN
CLIENT
CONFIDENTIALITY
n Client privacy & confidentiality
n Duty to warn
Counselor
ETHICS
n Consideration to children and
minors
n Family involvement
HOT TOPICS IN
CLIENT
CONFIDENTIALITY
Duty to Warn
n Serious and foreseeable harm
Counselor
ETHICS
n Culture and context
n Informed Consent
HOT TOPICS IN
CLIENT
CONFIDENTIALITY
Consideration to Children & Minors
n Protect confidentiality
Counselor
ETHICS
n Include clients in disclosure
decisions
n Collaborative relationship with
parents or guardians respecting
cultural diversity and rights
HOT TOPICS IN
CLIENT
CONFIDENTIALITY
Family Involvement: 1995
Counselor
ETHICS
“…information about one family
member cannot be disclosed to
another member without permission.
Counselors protect the privacy rights
of each family member.”
HOT TOPICS IN
CLIENT
CONFIDENTIALITY
Family Involvement: 2005
Counselor
ETHICS
“…clearly define who is considered ‘the
client’ and to discuss expectations and
limitations of confidentiality” and to “seek
agreement and document in writing such
agreement among all involved parties having
capacity to give consent, concerning each
individual’s right to confidentiality and any
obligation to preserve the confidentiality of
information known.”
HOT TOPICS IN
CLIENT
CONFIDENTIALITY
Challenges
Counselor
ETHICS
 Subpoenas
 Counseling Minors
 Substance abuse
 Group/Family Counseling
 Offenders
 Technology
 After Death of Client
HOT TOPICS IN
Counselor
ETHICS
CLIENT
CONFIDENTIALITY
After the death of a client,
family members are asking
for the mental health records
of this client.
What do you do?
HOT TOPICS IN
Counselor
ETHICS
HOT TOPICS IN
Tools for Resolving
Ethical Conflicts
This is all great
information…
Counselor
ETHICS
But how do I use it to
make ethical decisions?
HOT TOPICS IN
Counselor
ETHICS
Tools for Resolving
Ethical Conflicts
HOT TOPICS IN
Tools for Resolving
Ethical Conflicts
Simple Step-by-Step Model
Counselor
ETHICS
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
-Forester-Miller & Davis
HOT TOPICS IN
Counselor
ETHICS
Tools for Resolving
Ethical Conflicts
HOT TOPICS IN
Tools for Resolving
Ethical Conflicts
Ethics Into Action Map
Counselor
ETHICS
-Calley 2009
HOT TOPICS IN
Counselor
ETHICS
Tools for Resolving
Ethical Conflicts
HOT TOPICS IN
Tools for Resolving
Ethical Conflicts
Real World Model
Set yourself up to succeed
Counselor
ETHICS
Thorough professional disclosure
statement
Understanding of ACA Standards of
Practice and ACA Code of Ethics
Makes you aware of ethical dilemmas
before they happen
HOT TOPICS IN
Tools for Resolving
Ethical Conflicts
Real World Model
How will it affect the client?
Counselor
ETHICS
Consult by phone, internet, literature,
Skype, ethics text, e-mail
Check your state law
A point of law may be involved
(duty to warn, client confidentiality)
HOT TOPICS IN
Counselor
ETHICS
Tools for Resolving
Ethical Conflicts
HOT TOPICS IN
Tools for Resolving
Ethical Conflicts
ACA Ethics & Professional
Standards Service
Counselor
ETHICS
ACA members receive FREE confidential ethical
and professional standards consultation
5 days a week 8:30 - 4:30 EST
Most inquiries answered within 24 hours (More if
during very busy times or when inquiries require
specific research)
TELEPH: 1-800-347-6647 Ext 314
E-MAIL: ethics@counseling.org
Alabama Counseling Association
2011 Annual Conference
Alabama Counseling Association
2011 Annual Conference
THANK YOU
Alabama Counseling Association
2011 Annual Conference
THANK YOU
Patrice Hinton-Oswalt
University of Alabama at Birmingham
Michael R. Lebeau
Birmingham-Southern College
Hot Topics in Counselor Ethics
Patrice Hinton-Oswalt & Michael R. Lebeau
ALCA Annual Conference 2011 Birmingham