Professional Documents
Culture Documents
Personal Values
A.4.b. Personal Values. Counselors are aware of their own values, attitudes, beliefs, and
behaviors and avoid imposing values that are inconsistent with counseling goals. Counselors
respect the diversity of clients, trainees, and research participants.1
FAQ 1: When do I refer a client whose values are different than mine?
Referral to another practitioner is a last resort after exhausting all other options. Not agreeing
with or liking a client’s values are not sufficient reason to refer a client. The counselor must look
within him/herself and try to discover why it is necessary to have similar values. 1
If a referral is made, it is important to decide how to refer the client without putting the burden
on the client. It needs to be clear to the client that it is your problem, not theirs. It is also
important to refer in a timely manner or the client may take it personally. One way to avoid this
predicament it to include information in your informed consent to disclose your challenging
values. 2
No. The counselor’s values enter into very phase of the therapeutic process. For this reason it is
very important that the counselor is clear about their values and how they impact the therapeutic
process, even unconsciously. It is also important to realize that this is your problem, not the
client’s.
It is important to remember that values are going to be a part of the session and to resist the
impulse to try to get the client to accept your values. It is also not necessary for the counselor to
accept the client’s values. 2
Yes. As long as the counselor does not impose his/her spiritual or religious beliefs on the client
and remains open and non-judgmental. For many people, spirituality or religion are powerful
sources of strength in their lives and cannot be ignored in the therapeutic process.2
1. Herlihy, B., & Corey, G. (2006). ACA ethical standards casebook (6th ed.). Alexandria, GA: American
Counseling Association.
2. Corey, G., Schneider Corey, M., & Callanan, P. (2007). Issues and ethics in the helping professions (7th ed.).
Belmont, CA: Brooks/Cole
A.5.A. ACA Ethical Guideline. Roles and Relationships With Clients.
Current Clients
11 Corey, G., Corey, M.S., & Callanan, P. (1998). Issues and ethics in the helping professions.
22 Corey, G., Corey, M.S., & Callanan, P. (1998). Issues and ethics in the helping professions.
33 Corey, G., Corey, M.S., & Callanan, P. (1998). Issues and ethics in the helping professions
A.5.C. Nonprofessional Interactions or Relationships (Other Than Sexual
or Romantic Interactions or Relationships)
Susan Stoddard, ses@dslextreme.com
FAQ 1: In what kinds of situations can a counselor ethically maintain a dual relationship? Attending
formal ceremonies such as weddings/commitments, graduations, or funerals, making a hospital visit to
a relative of client or former client. Always consult with peers or a supervisor and use guidelines (see
PowerPoint table, for example) and document your actions, and discuss with the client.
FAQ 2: What if you have a dual relationship that you thought was ethical but it turns out that it was not
beneficial to the client? If unintended harm occurs, a therapist must show evidence of attempts to
remedy the situation.
FAQ 3: With whom should a counselor avoid establishing or maintaining a dual relationship?
Current clients, former clients, their romantic partners, or their family members.
“A.8.B. Protecting Clients in a Group Setting” Tara Bernth
FAQ1: What are considered “reasonable precautions? Corey et al.1 states at the very least
leaders discuss the pros and cons of membership, prepare clients for the group
experience, and discuss any fears or reservations future client’s may have
FAQ 2: Are there any clear cut yes and no’s or a standard to follow? The ASGW in
group members. Information is provided about the purposes and goals of the group.
clear. The roles of the members and leaders are clearly defined. The qualifications of the
leader are provided. Group services that can be provided are made clear.
FAQ 3: What is a key way to reduce psychological risks? Corey et al.3 discusses the best
way to reduce psychological risks is the use a contract. This will work to clarify any
expectations a client may have. When used there is less chance for members to be
1
Corey, et al. Groups Process and Practice. Chapter 3. Published by Brooks/Cole.
2
ASGW 1998, Best Practice Guidelines. www.asgw.org
3
Corey, et al. Issues and Ethics in the Helping Professions. Chapter 12. Published by Brooks/Cole.
A.9.A Quality of Care for Terminally Ill Clients
A.9.a. Quality of Care. Counselors strive to take measures that enable clients 1. to obtain high-quality
end-of-life care for their physical, emotional, social, and spiritual needs; 2. to exercise the highest degree
of self-determination possible; 3. to be given every opportunity possible to engage in informed decision
making regarding their end-of-life care; and 4. 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.
FAQ 1: What does “self determination” mean in context of the second part of the code? Werth Jr. &
Crow describe the European American majority culture as primarily focused on individual autonomy.
However, research shows ethnic minority groups have more of a collectivistic perspective. Be careful of
“should” as self determination looks different to different cultures.
FAQ 2: Under Washington State’s Death with Dignity Act, must the terminally ill inform family before
receiving permission to obtain lethal drugs? According to Washington Death with Dignity Act, Initiative
1000, codified as RCW 70.245, the attending physician must recommend family be notified but it is not
required.
FAQ 3: How can an older adult with declining capacity be evaluated? A handbook was published in
2005 with support from the Borchard Foundation, reviews models of capacity assessment, techniques to
enhance capacity, and strategies for referring clients to a mental health clinician for consultation or
evaluation.
______________________________________
(1) Werth, J., & Crow, L. (2009). End-of-life care: An Overview for Professional Counselors. Journal of Counseling and Development:
JCD, 87(2).
(2) Washington Death with Dignity Act, Initiative 1000, codified as RCW 70.245. Washington http://www.doh.wa.gov/dwda/
(3) American Psychological Association (APA) and the American Bar Association (ABA). Assessment of Older Adults with Diminished
Capacity The handbook can be found at the following link (click here http://www.apa.org/pi/aging/diminished_capacity.pdf).
“A.9.C. Confidentiality and Clients Considering Hastening Their Own
Deaths”
“A.9.c. Confidentiality and Clients Considering Hastening Their Own Deaths. Counselors who
provide services to terminally ill individuals who are considering hastening their own deaths
have the option of breaking or not breaking confidentiality, depending on applicable laws and the
specific circumstances of the situation and after seeking consultation or supervision from
appropriate professional and legal parties
Three frequently asked questions.
FAQ 1: Does the new section B.2.a. speak to confidentiality with a terminally ill client who
wishes to consider hastening his or her death? The recent ACA Code of Ethics calls for
confidentiality to be broken to protect a client from “serious and foreseeable harm.” A statement
from a terminally ill client that he or she wants the counselors help in thinking through the issue
of hastening his or her own death does not constitute serious and foreseeable harm and thus
would not automatically call for the breaking of confidentiality.
FAQ 2: Can an ethical complaint be filed with the ACA against a counselor for violating the
edict to “do not harm” if the counselor agrees to assist a terminally ill client explore the
hastening of his or her death? (Refer to A.9.b.) Because of this statement counselors cannot be
brought up on charges to the ACA Ethics Committee of doing harm by helping a terminally ill
client explore end-of-life decisions. The other side is that counselors who feel that their own
morality and personal views will not allow them to assist terminally ill clients who wish to
explore end-of-life options cannot be brought up on charges for refusing to assist the client, as
long as they provide appropriate referral information.
FAQ 3: Does competence play into the decision about whether to provide end-of-life care to
terminally ill clients? End-of-life care is a very specialized and complicated matter. There are
very particular types of skills involved and those without experience will need to consult with or
refer to a variety of professionals. Competence will mean having the ability to integrate the
client’s physical, emotional, social, spiritual, and family needs into a plan that helps him or her
effectively work through their end-of-life decision.
1 Farrugia, D. (1993). Exploring the counselor’s role in “right to die” decisions.
2 Kaplan, D., et al. (2008). New mandates and imperatives in the revised ACA code of ethics.
3. Werth,W., & Crow, L. (2009). End of life care: an overview for professional counselors.
A.10.E. Receiving Gifts
A.10.e. Receiving Gifts. Counselors understand the challenges of receiving gifts from clients and
recognize that in some cultures, small gifts are a token of respect and showing gratitude. When
determining whether or not to accept a gift from clients, counselors take into account the
therapeutic relationship, the monetary value of the gift, a client’s motivation for giving the gift,
FAQ 1: When receiving a gift in therapy, what are some other significant aspects to consider?
Ofer Zuri suggests timing of the gift giving (holydays or termination of therapy for example), and
context (client’s history and presenting problem) are among some other aspects to consider when
receiving a gift from a client.
FAQ 2: What should be a therapist’s appropriate attitude in regards of receiving gifts? According
to Knox,ii the most appropriate attitude should be to consider the client’s welfare first. She states
that therapists may use the offering of a gift as an opportunity to examine the connotations of the
gift in the therapeutic relationship and also explains that accepting the gifts affirms the client and
promotes their self-acceptance.
FAQ 3: Which theoretical orientations are more likely to support receiving gifts in therapy?
According to Zuriii, the humanistic and feminist orientations are very likely to support gift giving
as well as behavioral, cognitive, and group therapies among others.
iZur Ofer. Gifts in Psychotherapy. www.zurinstitute.com/giftsintherapy.html
FAQ 1: Are emails considered psychotherapy or counseling? If the emails involved are
primarily dealing with administrative issues, such as scheduling, they are not likely to fall under
the definition of e-therapy. However, if they are clinically oriented (i.e., including assessment or
interventions), extensive, and used routinely, they may be viewed as E-Therapy1. There is not a
clear line in the sand yet, differentiating between E-Therapy and face to face therapy and mixing
the two modes can be effective and ethical when done appropriately and competently. As such,
these emails, whether profound or mundane, are part of the therapeutic process and are
considered part of the clinical records. Generally, emails between therapists and clients are
considered as part of the clinical records and can be subpoenaed, just like chart notes. You may
want to consider printing important emails and placing them in the chart, in case your computer
crashes.
FAQ 2: What needs to be considered, prior to giving my email address to my clients. HIPAA
compliance is prudent regardless of your distinguishing administrative intent or therapeutic
intent. Your clients must be given clear (via written and verbal communication) about your
email policies, i.e., how frequently you check your email, if you respond to emails, and any other
general policies regarding emails. Confidentiality and privacy are applied to emails in the same
ways that they are applied to any other verbal or written exchanges between clients and
psychotherapists. At the present time, emails between therapists and clients do not need to be
encrypted, as long as clients are informed about the vulnerability of emails being read by
unauthorized people, and they elect to use email. Emails sent to a client or patient should
include an electronic signature that covers issues, such as confidentiality and security.
FAQ 3: What is an example of an appropriate E-Signature). An example would be:
Notice of Confidentiality: This email, and any attachments, is intended only for use by the addressee(s)
and may contain privileged or confidential information. Any distribution, reading, copying or use of this
communication and any attachments by anyone other than the addressee, is strictly prohibited and may be
unlawful. If you have received this email in error, please immediately notify me by email (by replying to
this message) or telephone (206-xxx-xxxx), and permanently destroy or delete the original and any copies
or printouts of this email and any attachments. (Paragraph) Unless I hear from you otherwise, I will
continue to communicate with you via email when necessary or appropriate. Please do not use email for
emergencies. While I check my phone messages frequently during the day when I am in town, I do not
check my emails daily. Name/Degree/License: xxxx, Address: Your place of business, Phone:
206-xxx-ssss, E-Mail: You@YourSite.com; Web Site: YOU!
B.1.d. Contagious, Fatal Diseases. A counselor who receives information that a client has a
disease commonly known to be both communicable and fatal is justified in disclosing
information to an identifiable third party.
FAQ 1: Does the law protect counselors from any legal issue on the subject? States address this
issue by statue, for example: Montana is the only state that protects the counselor, California
doesn’t protect at all, Texas protects the counselor if the third-party is the spouse, etc., so it is
1
necessary to investigate depending on the state where the counselor is practicing.
FAQ 2: If the significant other of the client has a terminal disease and is dying, does the
counselor still disclose the clients information? No, this a reason not to disclose, if the third-party
is already suffering from the same disease or another one, then that defeats the purpose of
breaching confidentiality.2
FAQ 3: How much information should be disclosed, and is it in detail? The information
provided to the third party should cover and be limited to the general medical information which
is more than enough for them to be aware of the risk of contracting the disease. As long as the
1Corey, G., Corey, M.S. & Callanan, P. Issues and ethics in the helping professions (7th ed.). Pacific Grove, CA: Brooks/Cole.
2 Cohen, E. Confidentiality, HIV, and the ACA Code of Ethics. Journal of Mental Health Counseling. Retrieved from Psychology and
Behavioral Sciences Collection database.
essential details are covered, it is to be enough for the matter in taking action towards the
avoidance of the harm the third party is exposed to.3
3Cohen, E. Confidentiality, HIV, and the ACA Code of Ethics. Journal of Mental Health Counseling. Retrieved from Psychology and Behavioral
Sciences Collection database.
“B.2.A. Danger and Legal Requirements”
Wendy Fallihee, wendyfallihee@yahoo.com
“B.2.a. Danger and Legal Requirements. The general requirement that counselors keep
information confidential does not apply when disclosure is required to protect clients or
identified others from serious and foreseeable harm or when legal requirements demand that
confidential information must be revealed. Counselors consult with other professionals when in
doubt as to the validity of an exception. Additional considerations apply when addressing end-
of-life issues.
FAQ 1: What are the factors that determine liability in a suicidal death? Foreseeability and
reasonable care. Foreseeability does not mean predicting suicide. The law does not require a
therapist to correctly predict suicide but ethics do require that the therapist assess for suicide.
Based on this assessment a therapist can make an informed judgment on the level of risk.
Reasonable care is following through with a treatment plan to protect a client from self harm.
Reasonable refers to following the principles of the counseling profession and performing ethical
duties to protect as other therapists would do in the same circumstance.
FAQ 2: What are safeguards against liability in suicidal cases? Consultation and documentation
are two factors in protecting oneself from liability in the death of a suicidal client. Consultation
should especially be sought out if the therapist is not specialized in working with high risk
clients. “Consultation can provide legal evidence for the reasonableness of selected diagnostic
and treatment plans.” Documentation of consultations as well as client sessions is important. “A
thorough record should document interactions, consultations and professional judgments.” All
documentation should show that reasonable care was taken to protect the client from self harm.
FAQ 3: How might rational suicide conflict with current ethical standards for preventing
suicide? It is assumed by those in the counseling profession that emotional problems are
generally “curable and short term.” The choice to commit suicide would, therefore, be
considered an irrational act carried out during a time of despair. Once a client has entered into
therapy they have entered into the value system of the therapist and the profession. After all, if
therapists didn’t think they could help people, why enter into the profession? Without clear
ethical guidelines how would a therapist decide who to provide reasonable care to and who not
to? Whose reality are we basing a rational decision to end one’s life? The therapist’s reality or
the client’s? Whose should we rely on? Many questions…..
B.2.b. Danger and Legal Requirements. Counselors consult with other professionals when in doubt
as the validity of an exception. Additional considerations apply when addressing end-of-life issues.
FAQ 1: What is the federal legislation governing confidentiality and reporting abuse and neglect? You can
find the National Child Abuse Prevention and Treatment Act (CAPTA) of 1974 (PL 93-247) at
www.acf.hhs.gov/programs/cb/laws_policies/cblaws/capta/.i Counselors who report in good faith are
protected from potential lawsuits. In 1988, the law was rewritten in the Child Abuse Prevention,
Adoption and Family Services Act of 1988 (P.L.100-294, 4/25/88). Subsequent amendments include
the Child Abuse Prevention Challenge Grants Reauthorization Act of 1989 (P.L. 101-126, 10/25/89)
and the Drug Free School Amendments of 1989 (P.L. 101-226, 12/12/89). The legislation was created
to address the need for abuse and neglect prevention, assessment, investigation by trained investigative
staff with specialized knowledge, coordination of social services and to provide federal aid to the CPS
system in individual states. As part of the grant money under this legislation, states must require
professionals who work with children to be mandatory reporters.
FAQ 2: What are the Washington State statutes governing reporting abuse of children in relation to
confidentiality and privileged communication? RCW 26.44.060 (1) (a) provides immunity for any
person making a report of abuse or neglect in good faith or testifying in a judicial proceeding. In
this same chapter and section (1) (b) provides for prosecution for making false reports which is a
misdemeanor. Under RCW 5.60.060(9), which covers the mental health counselor patient privilege, exceptions for
confidentially include mandatory reporting of abuse and neglect. In 1987, RCW 26.44.030 added counselors
to the list of professionals required to make mandatory reports.ii
FAQ3: What are the Washington State administrative codes relating to reporting of abuse and
neglect of children?
WAC 246-809-040 provides for all licensed counselors to report based on a reasonable cause to
believe that an incident of abuse or neglect has occurred. Professionals make reports based on a
“reasonable cause to believe” standard which means to have knowledge of facts which, although not
amounting to direct knowledge, would cause a reasonable person, knowing the same facts, to
reasonably conclude the same thing.iii (Lectric Law Library).
WAC 388-15-009 defines abuse and neglect. Physical abuse, sexual abuse, sexual exploitation,
negligent treatment or maltreatment, actions which results in injury or creates risk, behavior which
does meet the developmental needs of the child are included.iv
i Childhood Abuse and Pevention Treatment Act (CAPTA).
www.acf.hhs.gov/programs/cb/laws_policies/cblaws/capta.
B.2.b. Danger and Legal Requirements. Counselors consult with other professionals when in doubt
as the validity of an exception. Additional considerations apply when addressing end-of-life issues.
FAQ 1: What is the federal legislation governing confidentiality and reporting abuse and neglect? You can
find the National Child Abuse Prevention and Treatment Act (CAPTA) of 1974 (PL 93-247) at
www.acf.hhs.gov/programs/cb/laws_policies/cblaws/capta/.i Counselors who report in good faith are
protected from potential lawsuits. In 1988, the law was rewritten in the Child Abuse Prevention,
Adoption and Family Services Act of 1988 (P.L.100-294, 4/25/88). Subsequent amendments include
the Child Abuse Prevention Challenge Grants Reauthorization Act of 1989 (P.L. 101-126, 10/25/89)
and the Drug Free School Amendments of 1989 (P.L. 101-226, 12/12/89). The legislation was created
to address the need for abuse and neglect prevention, assessment, investigation by trained investigative
staff with specialized knowledge, coordination of social services and to provide federal aid to the CPS
system in individual states. As part of the grant money under this legislation, states must require
professionals who work with children to be mandatory reporters.
FAQ 2: What are the Washington State statutes governing reporting abuse of children in relation to
confidentiality and privileged communication? RCW 26.44.060 (1) (a) provides immunity for any
person making a report of abuse or neglect in good faith or testifying in a judicial proceeding. In
this same chapter and section (1) (b) provides for prosecution for making false reports which is a
misdemeanor. Under RCW 5.60.060(9), which covers the mental health counselor patient privilege, exceptions for
confidentially include mandatory reporting of abuse and neglect. In 1987, RCW 26.44.030 added counselors
to the list of professionals required to make mandatory reports.ii
FAQ3: What are the Washington State administrative codes relating to reporting of abuse and
neglect of children?
WAC 246-809-040 provides for all licensed counselors to report based on a reasonable cause to
believe that an incident of abuse or neglect has occurred. Professionals make reports based on a
“reasonable cause to believe” standard which means to have knowledge of facts which, although not
amounting to direct knowledge, would cause a reasonable person, knowing the same facts, to
reasonably conclude the same thing.iii (Lectric Law Library).
WAC 388-15-009 defines abuse and neglect. Physical abuse, sexual abuse, sexual exploitation,
negligent treatment or maltreatment, actions which results in injury or creates risk, behavior which
does meet the developmental needs of the child are included.iv
i Childhood Abuse and Pevention Treatment Act (CAPTA).
www.acf.hhs.gov/programs/cb/laws_policies/cblaws/capta.
purposes.
from the client or take steps to prohibit the disclosure or have it limited as narrowly as
FAQ 1: Now that I have the subpoena How do I respond? Once you have received a
subpoena for a client you have 3 choices. (1) If you have your own practice you can
contact your attorney, If you work for a company you should advise your supervisor
immediately. (2) You can contest it or attempt to get the person who issued it to excuse
FAQ 2: Are there different kinds of subpoenas ? There are three basic types of
subpoenas: (1) Subpoena for documents, (2) Subpoena to testify, (3) Subpoena that
FAQ 3: What type of cases will the information be used for? Information can be used
important to realize that they can be used for civil or criminal proceedings on state or
federal levels.1
______________________________________________________________________
1Remley, T.P. & Herlihy, B. (2005). Ethical, legal, and professional issues in counseling (2nd
ed.). Upper Saddle River, NJ: Merrill/Prentice-Hall.
2Corey, G., Corey, M.S. & Callanan, P. (2007). Issues and ethics in the helping professions (7th
ed.). Belmont, CA: Books/Cole, Cengage Learning
confidentiality; and 3) Limiting the e-mail exchange to giving a client basic information such as
an appointment. Because e-mail is notoriously unsafe in the way that most people use it, Freeny
(2001) contends that security and privacy issues in the use of e-mail must be disclosed in detail
to clients.3
3Corey, G., Corey, M.S. & Callanan, P. (2007). Issues and ethics in the helping professions (7th
ed.). Belmont, CA: Books/Cole, Cengage Learning.
B.3.F ACA Confidentiality, Privileged Communication, and Privacy:
Deceased Clients
FAQ 1: In the event that an executor has not been established how do mental health professionals
handle release of records for deceased patients?
With behavioral health records, access rights first go to the executor of the estate. If there is no
executor, the patient’s spouse has sole rights of access. If there is no spouse or executor, a
“responsible member of the patient’s family” comes next.1
FAQ 2: When would a court order opening a deceased patients mental health records?
Courts may order opening a deceased person’s mental health records. Examples might include
assisting an inquest seeking to rule on suicide as a cause of death or to determining the
competence of a person to make a will, should heirs dispute the document at probate.2
FAQ 3: If someone is a relative to the deceased patient do they have access to the records?
Therapists and law requires each person to verify the identity of their relationship and rights in
requesting protected health information as well as their authority to such access. Just because
someone is related to a deceased patient does not mean they have a right to their record. “There
is a difference between identity and status,” Herrin says. “You have to verify both.3
1
Dimick, C., 2009, retrieved from Journal of Ahima, on December 02, 2010 from site
http://journal.ahima.org/2009/08/04/rights-to-deceased-patient-records/.
2
Koocher, G.P. Ph.D. & Keith-Speigel, P. Ph.D., 2009, retrieved on December 10, 2010 from
http://www.continuingedcourses.net/active/courses/course049.php
3
Dimick, C., 2009, retrieved from Journal of Ahima, on December 02, 2010 from site
http://journal.ahima.org/2009/08/04/rights-to-deceased-patient-records/.
B.4.b. Couples and Families Counseling
“In couples and family counseling, counselors clearly define who is considered “the client” and discuss
expectations and limitations of confidentiality. Counselors 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”.
FQA 1: When treating multiple clients, how should counselors define who “the client” is?
According to Fisher1, defining who the client is in any given situation is an important way for counselors
to identify what their ethical responsibilities are with each individual involved within the therapeutic
process. In the case of couple and family therapy, the ‘client’ is all parties involved and have equal rights
when it comes to the question of confidentiality and privilege. Ethical questions arise when one person
waves their right to confidentiality or privilege while the others don’t. In these situations, therapists have
to be clear ahead of time regarding the boundaries of confidentiality, informed consent and privilege.
FQA 2: What is the difference between the concepts of privacy versus secrecy.
According to Sperry, Carlson & Peluso2, there is a distinctive difference between the two. Privacy
indicates information that belongs to the individual that does not affect the relationship they have with the
rest of the parties involved in therapy, and therefore is not important to the therapeutic process. However,
secrecy indicates information or feelings that an individual has that can affect the relationship and
therefore is very important and can be beneficial to the therapeutic process. Therapists often disagree
about the idea of keeping information secret from one party to the other. It might be difficult to remember
which information was shared in secret and which was disclosed in front of the others. This also might
indicate a dual relationship that the therapist has with the ‘family’, as a unit and as an individual.
FAQ 3: What to do when a couple you’ve seen for therapy, divorces and requests their records? Gottlieb3
says that legally and ethically, therapists have the right and responsibility refrain from providing such
information, unless they have consent from all parties. Moreover, systemic theorists also believe that
because the client was treated and reviewed while he was a part of a system, his behavior would have
1Fisher, M. A. (2009). Replacing ‘Who is the Client? American Psychological Association, 40 (1), 1-7.
2Sperry, Carlson & Peluso (2006). Couple Therapy. Second Edition, 363-376. Denver, Colorado.
“B.5.b. Responsibility to parents and Legal Guardians. Counselors inform parents and
legal guardians about the role of counselors and the confidential nature of the counseling
relationship. Counselors are sensitive to the cultural diversity of families and respect the
inherent rights and responsibilities of parents/guardians over the welfare of their
children/charges according to law. Counselors work to establish, as appropriate,
collaborative relationships with parents/guardians to best serve clients.”
FAQ 1: Can Minors Consent to Treatment Without Parental Knowledge and Parental
consent? In most instances, for a minor to enter into treatment, it is necessary to have
informed parental or guardian consent or for treatment to be court ordered. If informed
parental consent is not obtained, counselors risk the possibility of being sued for battery,
failure to gain consent, and child enticement.1 There are exceptions pertaining to
dangerous drugs or emancipated or mature minors.
FAQ 2: What are the limits of Confidentiality in Counseling with Minors? Four positions
regarding confidentiality with minor clients have been identified; (a) complete
confidentiality, with the counselor disclosing nothing to the parents; (b) limited
confidentiality, which requires the minor to waive, in advance, the right to know what
will be revealed to the parent or guardian; (c) informed forced consent, which occurs
when the child is informed before disclosure is made to the parents but the child has no
say in what is disclosed; (d) no guarantee of confidentiality is made to the child.2 It is
recommended that counselors involve the parents in the initial meeting with the child and
find a mutual agreement on what will be shared.
FAQ 3: The basic dilemma with respect to confidentiality is who is the client, the parent
or the child? Once informed consent is given for the minor by the parent or guardian, the
child has entered into a contract for treatment and as such should be treated as the client,
and given the proper rights as a client. According to the ethical guidelines of the
American Mental Health Counselors Association “where a child or adolescent is the
primary client, the interest of the minor shall be paramount.”3 This may be at odds with
the law so counselors should be familiar with the statutes in the state they are practicing.
1
Myers, J. E. B. (1982)Legal issues surrounding psychotherapy with minor clients. Social Work Journal
2
Hendrix, D.H. (1991) Ethics and confidentiality in counseling with children. Journal of Mental Health
3
American Mental Health Counselors Association. (1989) Code of ethics for mental health counselors.
C.2.F Countinuing Education Required for Counselors
C.2.f. Continuing Education. Counselors recognize the need for continuing education to
acquire and maintain a reasonable level of awareness of current scientific and
professional information in their fields of activity. They take steps to maintain
competence in the skills they use, are open to new procedures, and keep current with the
diverse populations and specific populations with whom they work.
A psychologist or other professional who has recognized expertise in the specific subject
area of the training should be the teacher. Content should have the ability to add to a
counselor’s professional skills and knowledge. CE should be complex and advanced to
build on the foundation of a completed professional program in psychology. The content
should either expand expertise or by introducing new information/competencies. All
programs must be able to demonstrate a basis in data, theory, and research. Activities
such as personal psychotherapy, membership in professional organizations, training for
business or practice building, undergraduate courses, or other activities a psychologist
would engage in during the course of typical professional activities should NOT count
toward meeting CE requirements.
How many hours are needed to complete CE requirements? License renewal should be
contingent upon meeting specified CE requirements. It is recommended that about 20
hours per year of qualifying CE be completed in order to renew a license. Some states
recognize the value of interaction with and among colleagues ie- case consultations, it is
recommended that states require licensees to accrue at least half of the required CE
credits through face-to-face programs.
How are CE rules enforced? If a licensee fails to adhere to requirements, they may be
prohibited from renewing the license until the requirements are met. This encourages
licensees to comply with requirements. Licensees who fail to provide evidence of
completion of the CE requirements should also be required to: 1) obtain the required
hours of CE credit and, 2) be automatically audited in the next license renewal period. If
the licensee falsely signs an attestation of completion of the requirement, discipline may
be pursued.
"C.2.g. Impairment. Counselors are alert to the signs of impairment from their own physical, mental, or
emotional problems and refrain from offering professional services when such impairment is likely to
harm a client or others. They seek assistance for problems that reach the level of professional
impairment and, if necessary, they limit, suspend, or terminate their professional responsibilities, until
such time it is determined that they may safely resume their work. Counselors assist colleagues or
supervisors in recognizing their own professional impairment and provide consultation and assistance
when warranted with colleagues or supervisors showing signs of impairment and intervene as
appropriate to prevent immanent harm to clients."
FAQ 1: How does a counselor maintain wellness and avoid impairment? The most effective way to
maintain wellness is through a balanced and well rounded lifestyle. The conclusion of a recent
counselor wellness survey stated: "If there is a lesson to be learned from one's counseling colleagues
about how to maintain one's own wellness, it would appear that it involves maintaining perspective on
the work one does, valuing one's clients and one's professionalism, balancing work with family and
friends, and remaining centered spiritually".
Counselors can also benefit from career-sustaining behaviors (CSBs). The top five csbs endorsed by
ACA members are: 1) maintaining a sense of humor, 2) spending time with partner/family, 3)
maintaining balance between professional and personal lives, 4) maintaining self-awareness, and 5)
maintaining control over work responsibilities
FAQ 2: How does a counselor know if they are impaired? There are several well proven assessment
inventories which can help identify potential impairment. These include the Wellness Evaluation
Lifestyle Inventory (WEL), the F.A.M.I.L.Y. Self-care Assessment Inventory, the Professional Quality
of Life Scale (Pro-QOL), and the Stress Reaction Inventory.
Counselors may also seek supervision or consultation regarding their level of stress and their capacity
to work effectively with clients. The supervisor or consultant may be helpful in giving a more objective
evaluation of the counselors work with clients and may recognize subtle indications of impairment.
FAQ 3: What does a counselor do if they realized that they are impaired? As stated in the ethical code,
the counselor is expected to refrain from providing counseling services until the time when they are
able to provide effective therapy to their clients. Because impairment may happen suddenly (with an
unexpected illness or personal crisis), it is important for the therapist to have a plan in place. This
means having a back-up therapist who they can transfer clients to if needed. Consultation and
supervision will be helpful during this process to avoid doing harm to clients who may be emotionally
dependent on the counselor.
___________________________________________________________________________________
1. Lawson, G. (2007) Counselor Wellness and Impairment: A National Survey. Journal of
Humanistic Counseling, Education & Development
2. Cummins, P. (2007). Keeping Ourselves Well: Strategies for Promoting and Maintaining
Counselor Wellness. Journal of Humanistic Counseling, Education & Development
3. Lawson, G. (2007). Toward a Culture of Counselor Wellness. Journal of Humanistic
Counseling, Education & Development
C.2.G Professional Responsibility Regarding Therapist Impairment
C.2.g Impairment. Counselors are alert to the signs of impairment from their own physical, mental, or emotional
problems and refrain from offering or providing professional services when such impairment is likely to harm a
client or others. They seek assistance for problems that reach the level of professional impairment, and if necessary,
they limit, suspend, or terminate their professional responsibilities until such time it is determined that they may
safely resume their work. Counselors assist colleagues or supervisors in recognizing their own professional
impairment and provide consultation and assistance when warranted with colleagues or supervisors showing signs of
impairment and intervene as appropriate to prevent imminent harm to clients.
According to the ACA, “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.” 1 Things causing impairment range from substance and chemical
abuse/dependency, mental illness, personal crises, physical illness, or vicarious traumatization.
Some signs to look for in others include boundary issues with clients, being preoccupied with
money and success, being personally and professionally isolated, and resisting personal therapy,
over-involvement and overwork, and relationship problems. 2
There is no defined expectation for counselors who have impairment, but self-care and repair
strategies include personal therapy, being self-aware of symptomology, having an adequate
support network, having supervision (particularly with tough clients), taking care of your
physical health and well-being (adequate sleep, exercise, and a healthy diet) and having time for
leisure activities that replenish energy and reduce tension.3 As stated in the guideline above, if
2 Corey, G., Corey, M., Callanan, P. (2007). Issues and Ethics in the Helping Profession.
FAQ 3: Are therapist required to obtain personal counseling in the case of impairment?
No, not by the ACA (other professional organizations and educational institutions may require it)
…however this is a “sticky” issue. Studies show that therapists who receive personal therapy
experience positive change, personal growth, and decreased burnout. However, other studies
show that when therapy is mandated, it can have negative effect.2
E.5.D. The Choice to Refrain from Diagnosing a Client
Tom Benson, tbws@mac.com
E.5.d Refraining from Diagnosis. Counselors may refrain from making and/or reporting a
diagnosis if they believe it would cause harm to the client or others.
FAQ 1: What is the impetus behind the decision to give counselors a tool so that they can
refrain from making or reporting a diagnosis? Michael Kocet1 of the ACA’s Ethics
Revision Task Force deals directly with this question. He says that while diagnosis is
often an integral piece of what counselors do, we as counselors need to remember that
information contained in a client’s file can have long lasting implications, and should not
be treated lightly. It all goes back to the concept of “do no harm.”
FAQ 2: In what ways can diagnoses be harmful? The possibility that a diagnostic label
on a client can be used against him by third parties is of high concern. For example,
individuals in the military or those with high positions in the government may have
trouble getting or maintaining security clearances. There is also a fear that the client will
label himself. Sonja Grover2 states it this way it this way: "As a consequence of the DSM
diagnosis, the client, in effect, loses the freedom to redefine him or herself in the future"
FAQ 3: This standard seems that it could be in direct conflict with other ethical standards.
Is this a form of client advocacy on the part of the ACA? In many ways it is. David
Kaplan3 thinks that it makes it easier for a counselor to go to his or her agency or
supervisor and say: “Here it is in writing from the American Counseling Association:
‘Counselors may refrain from making and/or reporting a diagnosis if they believe it
would cause harm.’” This goes hand-in-hand with Standard D.1.h, which specifies that it
is the counselor’s responsibility to alert his or her employer of inappropriate policies and
practices.
_____________________
1
Kocet, Michael. New Mandates and Imperatives in the Revised ACA Code of Ethics.
Journal of Counseling and Development.
2
Grover, S. Reification of psychiatric diagnoses as defamatory: Implications for ethical
clinical practice. Ethical Human Psychology & Psychiatry
3
Kaplan, David. New Mandates and Imperatives in the Revised ACA Code of Ethics.
Journal of Counseling and Development.
“E.8. Multicultural Issues/Diversity in Assessment.”
Stephanie Edler, stephanieedler@sea.stu.argosy.edu
FAQ 1: What are the helpful guidelines developed by The American Psychological
Association for delivering services to an increasingly diverse population1?
• It’s important to be self-aware of your own potential cultural bias and
how that can effect your perception of people from different ethic groups.
• Recognize the importance of multicultural sensitivity/responsiveness to
people of different ethnic and racial backgrounds.
• Employ constructs of multiculturalism and diversity in Psychological
education.
• Understand the importance of culture-centered research.
• Use culturally appropriate skills in practice.
• Use organizational change to support culturally informed policy
development and practice.
1
FAQ 3: Define cultural tunnel vision ? Cultural tunnel vision is when a student comes
into training knowing there own culture. A perception of reality based on a very limited
set of cultural experiences. Due to these limits they may unwittingly impose their value
on unsuspecting clients by assuming that everyone shares these values.
1Corey, G., Corey, M., & Callananm P. Issues and ethics in the helping professions. Chapter 4
1
H.1.B. Conflict Between Ethics and Laws
Ray Anderson (ray2az@hotmail.com)
FAQ 1: What are some of the most common legally mandated exceptions to confidentiality?
Exceptions include1:
• Disclosure is ordered by a court
• Clients file complaints against their counselors
• Clients claim psychological damage in a lawsuit
• Information is requested in cases involving child or elder abuse
• Clients pose a danger to others or to themselves
FAQ 2: In what ways can counselors neglect their duty to warn and protect the public from
dangerous clients?
A court of law may find a practitioner liable for neglect for the following reasons2:
• Failing to diagnose or predict dangerousness
• Failing to warn potential victims of violent behavior
• Failing to commit dangerous individuals
• Prematurely discharging dangerous clients from a hospital
FAQ 3: What can counselors do to prepare for the possibility of having a dangerous client?
Counselors can take preemptive steps to protect the public from danger and reduce their risk
of negligence in the following ways3:
• Make sure your informed consent is clear about forfeiture of confidentiality in such cases
• Know the contact information for your professional organization’s legal counsel
• Talk with other counselors who are experienced in dealing with violent clients
• If there is any hint during intake that the client has a history of violence, request and
consult previous clinical records
1Corey, G., Corey, M.S. & Callahan, P. (2007). Issues and ethics in the helping professions (7th ed.), p.
222.
2Ibid. p. 231
3Ibid. p. 236
• Take at least one workshop on the subject
• Determine that the limits of your professional liability insurance are adequate
H.2.C. Reporting Ethical Violations That Have or May Harm a Person
or Organization.
Karen Nielsen Karennielsen@sea.stu.argosy.edu
H.2.c. When counselors have reason to believe that another counselor is violating or has violated
an ethical standard, they attempt first to resolve the issue informally with other counselor if
feasible, provided such action does not violate confidentiality rights that may be involved.
FAQ 1: According to Washington State law, what factors should be considered when deciding
whether to file an ethics complaint against another practitioner?
FAQ 2: Under what circumstances would a counselor not be required to report an ethical
violation made by another practitioner?
• If the non-offending practitioner is “a member of a professional review organization
• If the non-offending practitioner is “providing health care to the other license holder and
the other license holder does not pose a clear and present danger to patients or clients.”
FAQ 3: What is the statute of limitations for reporting ethics violations to the ACA?
H.2. The Committee may consider complaints against other members if the complaint is
2. Washington State Legislature. [Statutory Authority: RCW 18.130.070 and 18.130.060. 08-08-
066, § 246-16-235, filed 3/31/08, effective 5/1/08.]
2. Washington State Legislature. [Statutory Authority: RCW 18.130.070 and 18.130.060. 08-08-
066, § 246-16-235, filed 3/31/08, effective 5/1/08.]