Ethical and Legal Aspects of Counseling

Introduction• Counseling is not a value-free or neutral activity. (Cottone and

Tarvydas,2007 ; Welfel , 2010)

• All goals in counseling, "whether they are goals for symptom relief or goals to modify a lifestyle , are subtended by value systems” (Bergin, 1992, p.9)

• Counselors who are not clear about their values, ethics and legal responsibilities, and those of their clients, can cause harm despite their best intentions. (Wilcoxin et al. 2012)

• Promote well being and professionalism in counseling both directly and indirectly.

• In some conditions, ethics and laws overlap. However the operate through different premises.

Definitions

Ethics, Morality,

&Law

Ethics• Making decisions of a moral nature about people and their interaction in the

society. (Kitchener,1986,p.306)

• Used synonymously with morality. Ethics and morality overlap. Both deal with “what is good and bad or the study of human conduct and values.” (Van Hoose & Kottler,1985,p.2)

• Yet each has a different meaning.

• Ethics are a philosophical discipline that is concerned with human conduct and moral decision making. (Van Hoose & Kottler,1985,p.2)

• Ethics are normative in nature.

• Ethics focus on principles and standards that govern relationships between individuals.

Morality

• Judgment or evaluation of action.

• Associated with words such as good, bad, right, wrong , ought and should.(Grant, 1992)

• The theories counselors employ have embedded within them moral presuppositions about human nature that implicitly and explicitly question first-

“what should a person be or become?” (Christopher, 1996, p.18)

Law• The precise codification of governing standards that are established

to ensure legal and moral justice.(Remley and Herlihy,2010)

• Law is created by legislation, court decision, and tradition.

• The law dictates what is legal and not what is ethical.

• Sometimes what is legal is considered as immoral by the society.

For example- 1994 Helms- Smith Amendment to the Elementary and Secondary Education Act(ESEA) , an attempt to cut off funds to schools that provide counseling to gay and lesbian students.

Ethics and Counseling

Introduction• Many counselors treat ethical complaints with the same

seriousness that they treat lawsuits.(Chauvin & Remley, 1996)

• However, some counselors are better informed or more attuned to these issues.

• Patterson(1971)- Counselor’s Professional Identity is related their knowledge and practice of ethics.

• Welfel(2010)-Effectiveness of Counselors is connected to their ethical knowledge and behavior as well.

Unethical Behavior• It can take many forms.

• The temptations common to people everywhere exist for counselors.

• They include physical intimacy, the titillation of gossip, or the opportunity to advance one’s career. (Welfel & Lipsitz, 1983b,p.328) .

• Some forms are obvious and willful, whereas others are more subtle and unintentional.

• Regardless, harmful outcome is the same.

The Most Prevalent Forms of Unethical Behaviors in Counseling(American Counseling Association(ACA), 2005; Herlihy & Corey, 2006)

• Violation of confidentiality

• Exceeding one’s level of professional competency

• Negligent practice• Claiming expertise one does not possess

• Imposing one’s values on a client

• Creating dependency in a client

• Sexual activity with a client

• Certain conflicts of interest, such as dual or multiple relationships

• Questionable financial arrangements, such as charging excessive fees

• Improper advertising

• Plagiarism

Association for Spiritual, Ethical and Religious Values in Counseling

• Concerned with values and ethics of counseling professionals.

• It regularly deals with ethical concerns.• ASERVIC has even published ethical guidelines for

leaders in professional counseling organizations.

• It also publishes a Journal, Counseling And Value, which contains articles on ethical situations.