Ethical, Legal, and Professional Issues in Counseling 6th Edition by Theodore Remley Jr., ISBN-13: 978-0135183816
[PDF eBook eTextbook] – Available Instantly
- Publisher: Pearson; 6th edition (April 18, 2019)
- Language: English
- 544 pages
- ISBN-10: 0135183812
- ISBN-13: 978-0135183816
An authoritative exploration of the most difficult ethical, legal, and professional challenges in counseling, presented in an easy-to-understand manner.
Written by two counseling professors – one an attorney and the other an expert in ethics – Ethical, Legal, and Professional Issues in Counseling walks readers through the ethical, legal, and professional challenges they will encounter in their counseling careers. It includes numerous case studies throughout to highlight ethical and legal situations faced by counselors, and it also includes the authors’ best thinking and practical advice on how to resolve these situations. The book focuses squarely on the counseling profession, as opposed to psychiatry or other helping professions.
Table of Contents:
Preface
New to this Edition
Brief Contents
Contents
Section 1: Foundations
1 Introduction
Focus Questions
Professional Orientation
Morals, Values, and Ethics
Legal, Ethical, and Professional Behavior
A Model for Professional Practice
Professional Ethics
Foundations of Ethics
Theories of Ethics
Linking Theory to Practice: Principles and Virtues
Codes of Ethics
Ethical Decision Making
Legal Issues
Origins of Law
Recognizing Legal Issues
Obtaining Legal Advice
Exercising Professional Judgment
Summary and Key Points
2 Professional Identity of Counselors
Focus Questions
Philosophy Underlying the Counseling Profession
The Wellness Model
A Developmental Perspective
Prevention and Early Intervention
Empowerment of Clients
Counseling Services
Counselor Preparation Programs
Credentialing
Degree
State License
State Agency Certification
National Voluntary Certification
Program Accreditation
Ethical Standards Related to Credentialing
Evolution of the Counseling Profession
Origins of the Profession
Counseling Psychology
School Counseling
Vocational Rehabilitation Counseling
Counseling as a New Profession
Steps in Becoming a Profession
Progress Toward Professionalization
Professional Associations of Counselors
American Counseling Association
ACA Divisions
ACA State Branches
Other Associations
Current Issues Related to Professional Identity
Specialties Versus One United Profession
Organizational Structure of ACA
CACREP Accreditation of Specialties
Varying State Licensure and Certification Requirements
Legal and Political Issues
Challenges to the Scope of Practice of Counselors
Testing
Diagnosis and Treatment of Mental and Emotional Disorders
Job Classifications for Counselors
Third-Party Reimbursement
Identity and Professionalism
Counseling and Other Mental Health Professions
Pride in the Counseling Profession
Counseling Around the World
Summary and Key Points
3 Multiculturalism, Values, Social Justice, and Advocacy
Focus Questions
Multicultural Competence and Advocacy
Components of Multicultural Competence
Self-Awareness
Knowledge
Skills
Competence
Forms of Prejudice
Multiple Cultural Identities
Values and Value Conflicts
Counselors’ Personal and Professional Values
Court Cases
State Legislation
Values and the ACA Code of Ethics
End-of-Life Decision Making
Clients Who May Be Victims of Illegal Discrimination
Gay and Lesbian Clients and Family Law Issues
Cultural Issues in Crisis Counseling
Summary and Key Points
Section 2: Issues
4 Client Rights and Counselor Responsibilities
Focus Questions
Counselor Responsibilities
Counselor Needs and Motivations
Avoiding Dependent Relationships
Diversity Considerations
Involuntary or Mandated Clients
Counseling Techniques
Diversity Considerations
Interruptions and Termination
Interruptions in Services
Termination
Premature Termination
Avoiding Abandonment
Diversity Considerations
Informed Consent
Contract Law
Informed Consent in Medicine
Informed Consent in Mental Health
Written Disclosure Statements
Diversity Considerations
Summary and Key Points
5 Confidentiality and Privileged Communication
Focus Questions
Confidentiality
Origins of Confidentiality
The Rationale for Confidentiality
Counselor Practices and Confidentiality
Ethical Standards and Confidentiality
Privileged Communication
Origins of Privileged Communication
The Rationale for Privileged Communication in Counseling Relationships
Asserting the Privilege
Responding to Subpoenas
Suits for Disclosure
Exceptions to Confidentiality and Privileged Communication
Client Waiver of the Privilege
Death of the Client
Sharing Information With Subordinates or Fellow Professionals
Clerical or Other Assistants May Handle Confidential Information
Counselors May Consult with Colleagues or Experts
Confidential Information May Be Shared When the Counselor is Working Under Supervision
Other Professionals May Be Involved in Coordinating Client Care
Protecting Someone Who Is in Danger
Counselors Must Take Action When they Suspect Abuse or Neglect of Children or Other Persons Presumed to have Limited Ability to Care for Themselves
Counselors Must Take Action to Protect Clients Who Pose A Danger to Themselves
Counselors Must Take Action When A Client Poses A Danger to Others
Counselors Must Determine Whether to Breach Confidentiality When A Client Has A Communicable and Life-Threatening Disease and The Client’S Behavior is Putting Others at Risk
Counseling Multiple Clients
Confidentiality Cannot be Guaranteed in Group Counseling
Confidentiality Cannot Be Guaranteed in Couples or Family Counseling
Counseling Minor or Legally Incompetent Clients
When Clients are Minor Children or Legally Incompetent, Counselors Cannot Give the Same Assurances of Confidentiality as They Give Other Clients
Court-Ordered Disclosures
Counselors Must Disclose Confidential Information When Ordered To Do So By A Court
Legal Protections for Counselors in Disputes
Counselors May Reveal Confidential Information When it is Necessary to Defend Themselves Against Charges Brought By Clients
Other Legal Exceptions
Clients Waive Their Privilege When They Bring Lawsuits Claiming Emotional Damage
Privilege is Generally Waived in Civil Commitment Proceedings
Diversity Considerations in Confidentiality and Privileged Communication
Summary and Key Points
6 Records and Subpoenas
Focus Questions
Records
Purposes of Records
Ethical Standards Related to Records
Legal Requirements
Confidentiality and Privileged Communication Requirements
Types of Records Kept by Counselors
Administrative Records
Recordings
Clinical Case Notes
Assume Notes Will Be Read
Appropriate Content of Clinical Case Notes
Client Access to Records
Federal Laws Affecting Counseling Records
Health Insurance Portability and Accountability Act
Family Educational Rights and Privacy Act
Federally Funded Substance Abuse Programs
Other Federal Statutes
Handling, Storing, and Destroying Records
Voluntarily Transferring Records
Subpoenas
Discovery in Litigation
Validity of Subpoenas
Interrogatories
Appearances at Proceedings
Testimony Under Oath
Turning Over Records
Summary and Key Points
7 Competence, Assessment, and Diagnosis
Focus Questions
Competence as an Ethical and Legal Concept
Counselor Preparation
Credentialing
Licensure
Certification
Specialties
Maintaining Competence
Continuing Education
Peer Review/Peer Consultation
Technology
Making Referrals
Diversity Considerations
Erosion of Competence: Burnout and Impairment
Diversity Considerations in Burnout Prevention
Assessment and Diagnosis
Evaluation and Assessment
Competence in Evaluation
Formal Evaluations
The Counselor as Expert Witness
Assessment within the Counseling Relationship
Testing
Competence to Test
Developing and Publishing Tests
Test Security
Release of Testing Records
Providing Explanations to Clients
Diversity Issues in Testing
Diagnosis
Informed Consent
Consulting with Physicians
Qualifications to Diagnose
Diversity Considerations in Diagnosis
Legal Issues in Diagnosis
Summary and Key Points
8 Malpractice and Resolving Legal and Ethical Challenges
Focus Questions
Malpractice
Suicidal Clients
Clients Who May Be at Risk for Harming Others
Duty to Warn Intended Victims
Clients With HIV
A Hypothetical Malpractice Case
Actual Malpractice Cases
Resolving Legal and Ethical Challenges
Legal and Ethical Decision Making
Personal Legal Decision Making
Personal Ethical Decision Making
Responding to Accusations of Unethical or Illegal Behavior
Informal Complaints
Formal Complaints
When You Suspect a Colleague is Acting Unethically or Illegally
Unethical Behavior
Unwarranted Complaints
Inappropriate Discrimination Against Those Who Have Been Accused
Illegal Behavior of Others
Cases Are Often Complex
Guidelines for Avoiding Problems
Summary and Key Points
9 Boundary Issues
Focus Questions
The Complexities of Dual Relationships
Ethical Standards for Professional and Nonprofessional Relationships
Risks and Benefits of Dual/Multiple Relationships
The Potential for Harm
Potential Benefits
Unavoidable Dual Relationships
Rural Communities
Counseling in the Military
Pastoral Counseling
Addictions Counseling
In-Home Services
Crisis and Disaster Counseling
Boundary Crossings Versus Boundary Violations
The Legal Perspective on Boundary Crossings
Specific Boundary Issues
Bartering
Diversity Considerations in Bartering
Social Relationships with Clients
Diversity Considerations in Social Relationships
Business or Financial Relationships with Clients
Accepting Gifts from Clients
Diversity Considerations in Accepting Gifts
Self-Disclosure
Diversity Considerations in Self-Disclosure
Physical Contact with Clients
Diversity Considerations in Touching Clients
Ethical Decision Making
Sexual Dual Relationships
The Offending Mental Health Professional
Harm to Clients
Legal Consequences for Offending Counselors
Civil Lawsuits
Criminalization of Sex with Clients
Postcounseling Sexual Relationships
Sexual Attraction to Clients
Counseling Clients Who Have Been Abused by Previous Counselors
Summary and Key Points
10 Technology in Counseling
Focus Questions
Client use of Technology
Social Media
Other Technology Used by Clients
Distance Counseling
Counselor use of Technology
Using the Internet to Educate Clients
Communicating With Clients
Telephone Use by Counselors
Electronic Mail Communications
Testing
Technology in Teaching
Technology in Clinical Supervision
Social Media Use by Counselors
Office Security Systems
Electronic Record Keeping
Client Behavior and Technology
Diversity Considerations in the Use of Technology
Summary and Key Points
11 Counseling Children and Vulnerable Adults
Focus Questions
Counseling Minor Clients
Legal Status and Rights of Minors
The Rights of Parents
Responding to Parents Who Demand Confidential Counseling Information
Rights of Noncustodial Parents
Children at Risk for Harm to Self or Others
Release of Records
Confidentiality in School Counseling
Confidentiality in Working With Minors in Nonschool Settings
Confidentiality in Consultations
Reporting Suspected Child Abuse or Neglect
Statutory Requirements
Determining Whether a Report Must Be Made
Making the Report
After a Report has been Made
School Violence
Dual or Multiple Relationships
Diversity Considerations With Minors
Vulnerable Adults
Elder or Vulnerable Adult Maltreatment
Other Issues in Counseling Older Adults
End-of-Life Decisions
Diversity Considerations in Counseling Older Adults
Clients Who Have Been Declared Legally Incompetent
Summary and Key Points
12 Counseling Families and Groups
Focus Questions
Family Counseling
Informed Consent
Client Welfare
Risky Techniques
Family Violence
Privacy, Confidentiality, and Privileged Communication
Family Secrets
Divorce and Child Custody
Counselor Competence
Counselor Values
Group Counseling
Informed Consent
Screening
Client Welfare and Protection From Harm
Privacy and Confidentiality
Confidentiality With Minors
Privileged Communication
Relationship Boundaries
Socializing Among Members
Freedom to Exit the Group
Counselor Competence
Diversity and Values Considerations in Group Counseling
Summary and Key Points
13 Professional Relationships, Private Practice, and Health Care Plans
Focus Questions
Professional Relationships
Employer/Employee Relationships
Counselors As Employees
Counselors As Employers
Confidential Information
Referrals
Respecting Other Professionals
Private Practice
Taxes and Business Licenses
Business Form
Fees for Services
Attorney and Accountant Services
Professional Liability Insurance
Making the Transition
Health Care Plans
State Insurance Laws
Managed Care
Types of Health Care Plans
Counselors As Service Providers
Federal Health Care Plans
Client Privacy
Diagnosis
Informed Consent
Receiving Payment for Services
Continuing Treatment and Denial of Services
Avoiding Fraud
Changing Nature of Health Care Plans
Diversity Considerations
Summary and Key Points
14 Issues in Counselor Education
Focus Questions
Counselor Education Programs
Informed Consent
Admissions
Curriculum Issues
Teaching Ethics, Multicultural Counseling, and Social Justice
Teaching Theories and Techniques
Infusing Technology
Experiential Learning
Developing and Evaluating Counseling Skills
Evaluations of Field Experience Performance
Personal and Professional Development
Gatekeeping
Remediation
Dismissal Decisions
Endorsement
Faculty and Student Issues
Faculty Competence
Diversity Considerations
Student–Faculty Research Collaboration
Relationships Between Counselor Educators and Students
Sexual or Romantic Relationships
Nonsexual Relationships
Diversity Considerations in Faculty–Student Relationships
Relationships Among Students
Responsibilities of Students
Summary and Key Points
15 Supervision and Consultation
Focus Questions
Supervision
Fair Evaluation
Informed Consent
Supervision Agreements
Supervisor Competence
Confidentiality Concerns
Supervisory Relationships
Sexual Relationships Between Supervisors and Supervisees
Accountability and Responsibility
Vicarious Liability
Supervisor and Supervisee Rights and Responsibilities
Technology Issues in Supervision
Diversity Considerations in Supervision
Consultation
Accountability
Power
Consultation Contracts
Consultant Competence
Safeguarding Consultee and Client Rights
The Consultation Relationship
The Role of Values and Diversity in Consultation
Summary and Key Points
16 Professional Writing, Conducting Research, and Publishing
Focus Questions
Professional Writing
Academic Integrity
Conducting Research
Research Roles
Research Design
Diversity Considerations in Research Design
Protecting Research Participants From Harm
Voluntary Participation
Informed Consent
Confidentiality
Institutional Review Boards
Reporting Results
Commitments to Participants
Honest and Accurate Reporting of Results
Cooperating With Other Researchers
Publications
Giving Credit to Contributors
Submitting Work for Publication Consideration
Copyright Laws
Contracts
Reporting Income
Summary and Key Points
Appendix A ACA Code of Ethics
Mission
ACA Code of Ethics Preamble
ACA Code of Ethics Purpose
Section A: The Counseling Relationship
Introduction
A.1. Client Welfare
A.1.a. Primary Responsibility
A.1.b. Records and Documentation
A.1.c. Counseling Plans
A.1.d. Support Network Involvement
A.2. Informed Consent in the Counseling Relationship
A.2.a. Informed Consent
A.2.b. Types of Information Needed
A.2.c. Developmental and Cultural Sensitivity
A.2.d. Inability to Give Consent
A.2.e. Mandated Clients
A.3. Clients Served by Others
A.4. Avoiding Harm and Imposing Values
A.4.a. Avoiding Harm
A.4.b. Personal Values
A.5. Prohibited Noncounseling Roles and Relationships
A.5.a. Sexual and/or Romantic Relationships Prohibited
A.5.b. Previous Sexual and/or Romantic Relationships
A.5.c. Sexual and/or Romantic Relationships with Former Clients
A.5.d. Friends or Family Members
A.5.e. Personal Virtual Relationships with Current Clients
A.6. Managing and Maintaining Boundaries and Professional Relationships
A.6.a. Previous Relationships
A.6.b. Extending Counseling Boundaries
A.6.c. Documenting Boundary Extensions
A.6.d. Role Changes in the Professional Relationship
A.6.e. Nonprofessional Interactions or Relationships (other than Sexual or Romantic Interactions or Relationships)
A.7. Roles and Relationships at Individual, Group, Institutional, and Societal Levels
A.7.a. Advocacy
A.7.b. Confidentiality and Advocacy
A.8. Multiple Clients
A.9. Group Work
A.9.a. Screening
A.9.b. Protecting Clients
A.10. Fees and Business Practices
A.10.a. Self-Referral
A.10.b. Unacceptable Business Practices
A.10.c. Establishing Fees
A.10.d. Nonpayment of Fees
A.10.e. Bartering
A.10.f. Receiving Gifts
A.11. Termination and Referral
A.11.a. Competence Within Termination and Referral
A.11.b. Values Within Termination and Referral
A.11.c. Propriate Termination
A.11.d. Appropriate Transfer of Services
A.12. Abandonment and Client Neglect
Section B: Confidentiality and Privacy
Introduction
B.1. Respecting Client Rights
B.1.a. Multicultural/Diversity Considerations
B.1.b. Respect for Privacy
B.1.c. Respect for Confidentiality
B.1.d. Explanation of Limitations
B.2. Exceptions
B.2.a. Serious and Foreseeable Harm and Legal Requirements
B.2.b. Confidentiality Regarding End-of-Life Decisions
B.2.c. Contagious, Life-Threatening Diseases
B.2.d. Court-Ordered Disclosure
B.2.e. Minimal Disclosure
B.3. Information Shared with others
B.3.a. Subordinates
B.3.b. Interdisciplinary Teams
B.3.c. Confidential Settings
B.3.d. Third-Party Payers
B.3.e. Transmitting Confidential Information
B.3.f. Deceased Clients
B.4. Groups and Families
B.4.a. Group Work
B.4.b. Couples and Family Counseling
B.5. Clients Lacking Capacity to Give Informed Consent
B.5.a. Responsibility to Clients
B.5.b. Responsibility to Parents and Legal Guardians
B.5.c. Release of Confidential Information
B.6. Records and Documentation
B.6.a. Creating and Maintaining Records and Documentation
B.6.b. Confidentiality of Records and Documentation
B.6.c. Permission to Record
B.6.d. Permission to Observe
B.6.e. Client Access
B.6.f. Assistance with Records
B.6.g. Disclosure or Transfer
B.6.h. Storage and Disposal after Termination
B.6.i. Reasonable Precautions
B.7. Case Consultation
B.7.a. Respect for Privacy
B.7.b. Disclosure of Confidential Information
Section C: Professional Responsibility
Introduction
C.1. Knowledge of and Compliance With Standards
C.2. Professional Competence
C.2.a. Boundaries of Competence
C.2.b. New Specialty Areas of Practice
C.2.c. Qualified for Employment
C.2.d. Monitor Effectiveness
C.2.e. Consultations on Ethical Obligations
C.2.f. Continuing Education
C.2.g. Impairment
C.2.h. Counselor Incapacitation, Death, Retirement, or Termination of Practice
C.3. Advertising and Soliciting Clients
C.3.a. Accurate Advertising
C.3.b. Testimonials
C.3.c. Statements by Others
C.3.d. Recruiting Through Employment
C.3.e. Products and Training Advertisements
C.3.f. Promoting to Those Served
C.4. Professional Qualifications
C.4.a. Accurate Representation
C.4.b. Credentials
C.4.c. Educational Degrees
C.4.d. Implying Doctoral-Level Competence
C.4.e. Accreditation Status
C.4.f. Professional Membership
C.5. Nondiscrimination
C.6. Public Responsibility
C.6.a. Sexual Harassment
C.6.b. Reports to Third Parties
C.6.c. Media Presentations
C.6.d. Exploitation of Others
C.6.e. Contributing to the Public Good (Pro Bono Publico)
C.7. Treatment Modalities
C.7.a. Scientific Basis for Treatment
C.7.b. Development and Innovation
C.7.c. Harmful Practices
C.8. Responsibility to Other Professionals
C.8.a. Personal Public Statements
Section D: Relationships with Other Professionals
Introduction
D.1. Relationships With Colleagues, Employers, and Employees
D.1.a. Different Approaches
D.1.b. Forming Relationships
D.1.c. Interdisciplinary Teamwork
D.1.d. Establishing Professional and Ethical Obligations
D.1.e. Confidentiality
D.1.f. Personnel Selection and Assignment
D.1.g. Employer Policies
D.1.h. Negative Conditions
D.1.i. Protection from Punitive Action
D.2. Provision of Consultation Services
D.2.a. Consultant Competency
D.2.b. Informed Consent in Formal Consultation
Section E: Evaluation, Assessment, and Interpretation
Introduction
E.1. General
E.1.a. Assessment
E.1.b. Client Welfare
E.2. Competence to Use and Interpret Assessment Instruments
E.2.a. Limits of Competence
E.2.b. Appropriate Use
E.2.c. Decisions Based on Results
E.3. Informed Consent in Assessment
E.3.a. Explanation to Clients
E.3.b. Recipients of Results
E.4. Release of Data to Qualified Personnel
E.5. Diagnosis of Mental Disorders
E.5.a. Proper Diagnosis
E.5.b. Cultural Sensitivity
E.5.c. Historical and Social Prejudices in the Diagnosis of Pathology
E.5.d. Refraining from Diagnosis
E.6. Instrument Selection
E.6.a. Appropriateness of Instruments
E.6.b. Referral Information
E.7. Conditions of Assessment Administration
E.7.a. Administration Conditions
E.7.b. Provision of Favorable Conditions
E.7.c. Technological Administration
E.7.d. Unsupervised Assessments
E.8. Multicultural Issues/Diversity in Assessment
E.9. Scoring and Interpretation of Assessments
E.9.a. Reporting
E.9.b. Instruments with Insufficient Empirical Data
E.9.c. Assessment Services
E.10. Assessment Security
E.11. Obsolete Assessment and Outdated Results
E.12. Assessment Construction
E.13. Forensic Evaluation: Evaluation for Legal Proceedings
E.13.a. Primary Obligations
E.13.b. Consent for Evaluation
E.13.c. Client Evaluation Prohibited
E.13.d. Avoid Potentially Harmful Relationships
Section F: Supervision, Training, and Teaching
Introduction
F.1. Counselor Supervision and Client Welfare
F.1.a. Client Welfare
F.1.b. Counselor Credentials
F.1.c. Informed Consent and Client Rights
F.2. Counselor Supervision Competence
F.2.a. Supervisor Preparation
F.2.b. Multicultural Issues/Diversity in Supervision
F.2.c. Online Supervision
F.3. Supervisory Relationship
F.3.a. Extending Conventional Supervisory Relationships
F.3.b. Sexual Relationships
F.3.c. Sexual Harassment
F.3.d. Friends or Family Members
F.4. Supervisor Responsibilities
F.4.a. Informed Consent for Supervision
F.4.b. Emergencies and Absences
F.4.c. Standards for Supervisees
F.4.d. Termination of the Supervisory Relationship
F.5. Student and Supervisee Responsibilities
F.5.a. Ethical Responsibilities
F.5.b. Impairment
F.5.c. Professional Disclosure
F.6. Counseling Supervision Evaluation, Remediation, and Endorsement
F.6.a. Evaluation
F.6.b. Gatekeeping and Remediation
F.6.c. Counseling for Supervisees
F.6.d. Endorsements
F.7. Responsibilities of Counselor Educators
F.7.a. Counselor Educators
F.7.b. Counselor Educator Competence
F.7.c. Infusing Multicultural Issues/Diversity
F.7.d. Integration of Study and Practice
F.7.e. Teaching Ethics
F.7.f. Use of Case Examples
F.7.g. Student-To-Student Supervision and Instruction
F.7.h. Innovative Theories and Techniques
F.7.i. Field Placements
F.8. Student Welfare
F.8.a. Program Information and Orientation
F.8.b. Student Career Advising
F.8.c. Self-Growth Experiences
F.8.d. Addressing Personal Concerns
F.9. Evaluation and Remediation
F.9.a. Evaluation of Students
F.9.b. Limitations
F.9.c. Counseling for Students
F.10. Roles and Relationships Between Counselor Educators and Students
F.10.a. Sexual or Romantic Relationships
F.10.b. Sexual Harassment
F.10.c. Relationships with Former Students
F.10.d. Nonacademic Relationships
F.10.e. Counseling Services
F.10.f. Extending Educator–Student Boundaries
F.11. Multicultural/Diversity Competence in Counselor Education and Training Programs
F.11.a. Faculty Diversity
F.11.b. Student Diversity
F.11.c. Multicultural/Diversity Competence
Section G: Research and Publication
Introduction
G.1. Research Responsibilities
G.1.a. Conducting Research
G.1.b. Confidentiality in Research
G.1.c. Independent Researchers
G.1.d. Deviation from Standard Practice
G.1.e. Precautions to Avoid Injury
G.1.f. Principal Researcher Responsibility
G.2. Rights of Research Participants
G.2.a. Informed Consent in Research
G.2.b. Student/Supervisee Participation
G.2.c. Client Participation
G.2.d. Confidentiality of Information
G.2.e. Persons Not Capable of Giving Informed Consent
G.2.f. Commitments to Participants
G.2.g. Explanations After Data Collection
G.2.h. Informing Sponsors
G.2.i. Research Records Custodian
G.3. Managing and Maintaining Boundaries
G.3.a. Extending Researcher–Participant Boundaries
G.3.b. Relationships with Research Participants
G.3.c. Sexual Harassment and Research Participants
G.4. Reporting Results
G.4.a. Accurate Results
G.4.b. Obligation to Report Unfavorable Results
G.4.c. Reporting Errors
G.4.d. Identity of Participants
G.4.e. Replication Studies
G.5. Publications and Presentations
G.5.a. Use of Case Examples
G.5.b. Plagiarism
G.5.c. Acknowledging Previous Work
G.5.d. Contributors
G.5.e. Agreement of Contributors
G.5.f. Student Research
G.5.g. Duplicate Submissions
G.5.h. Professional Review
Section H: Distance Counseling, Technology, and Social Media
Introduction
H.1. Knowledge and Legal Considerations
H.1.a. Knowledge and Competency
H.1.b. Laws and Statutes
H.2. Informed Consent and Security
H.2.a. Informed Consent and Disclosure
H.2.b. Confidentiality Maintained by the Counselor
H.2.c. Acknowledgment of Limitations
H.2.d. Security
H.3. Client Verification
H.4. Distance Counseling Relationship
H.4.a. Benefits and Limitations
H.4.b. Professional Boundaries in Distance Counseling
H.4.c. Technology-Assisted Services
H.4.d. Effectiveness of Services
H.4.e. Access
H.4.f. Communication Differences in Electronic Media
H.5. Records and Web Maintenance
H.5.a. Records
H.5.b. Client Rights
H.5.c. Electronic Links
H.5.d. Multicultural and Disability Considerations
H.6. Social Media
H.6.a. Virtual Professional Presence
H.6.b. Social Media as Part of Informed Consent
H.6.c. Client Virtual Presence
H.6.d. Use of Public Social Media
Section I: Resolving Ethical Issues
Introduction
I.1. Standards and the Law
I.1.a. Knowledge
I.1.b. Ethical Decision Making
I.1.c. Conflicts Between Ethics and Laws
I.2. Suspected Violations
I.2.a. Informal Resolution
I.2.b. Reporting Ethical Violations
I.2.c. Consultation
I.2.d. Organizational Conflicts
I.2.e. Unwarranted Complaints
I.2.f. Unfair Discrimination Against Complainants and Respondents
I.3. Cooperation With Ethics Committees
Glossary of Terms
Appendix B Counseling Disclosure and Agreement Forms
Appendix C Client Request Form to Transfer Records
Appendix D Client Permission Form to Record Counseling Session for Supervision Purposes
Appendix E Guidelines for Counseling Case Notes*
Appendix F Clinical Supervision Model Agreement
References
Name Index
Theodore P. Remley, Jr., JD, PhD, is a professor of counseling and is the Booth-Bricker Endowed Professor at Our Lady of Holy Cross College in New Orleans, Louisiana. Dr. Remley holds a Ph.D. in Counselor Education from the University of Florida and a law degree (JD) from Catholic University in Washington, DC. He is a National Certified Counselor (NCC) and a member of Chi Sigma Iota. He is licensed as a Professional Counselor (LPC) in Virginia, Louisiana, and Mississippi, and is licensed to practice law in Virginia and Florida. He is licensed as a Marriage and Family Therapist (LMFT) in Louisiana. Dr. Remley is the author and coauthor of several articles, books, and book chapters related to legal and ethical issues in counseling. For more than a decade, he has directed very popular counselor institutes in Italy and Ireland, and in cooperation with the National Board of Certified Counselors (NBCC), in Bhutan, Buenos Aires, Argentina, and Malawi, Africa. Dr. Remley has been a school counselor and a college counselor and practiced law for 7 years. In the past, Dr. Remley has held full-time counseling faculty positions at George Mason University in Fairfax, Virginia; Mississippi State University; the University of New Orleans and Old Dominion University. Dr. Remley is a former Executive Director of the American Counseling Association. He has been named a fellow in the American Counseling Association.
Barbara Herlihy, PhD, LPC, NCC, is University Research Professor. She earned her PhD in Counseling Psychology from Northwestern University and her MEd in Counseling from Miami University. She has experience as a school counselor, community mental health counselor, and counselor in private practice. She is a board-approved counselor supervisor in Louisiana. Prior to coming to UNO, she served on the faculty at University of Wisconsin-Whitewater, University of Houston-Clear Lake and Loyola University of New Orleans. Dr. Herlihy’s research and teaching interests include ethical issues in counseling, multicultural counseling, feminist therapy and supervision. Her most recent books are Ethical, Legal, and Professional Issues in Counseling (6th ed., 2019, with T. P. Remley), the ACA Ethical Standards Casebook (7th ed., 2006, with G. Corey) and Boundary Issues in Counseling (2nd. ed., 2006, with G. Corey). She is also the author or coauthor of more than 65 journal articles and book chapters. Dr. Herlihy has chaired the ACA Ethics Committee and has served on the ACA Ethics Code Revision Taskforce. She is a frequent presenter of seminars and workshops on ethics across the United States and internationally.
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