Application Exercise: Duty To Warn: Case Study

The American Counseling Association and the American Mental Health Counselors Association Codes of Ethics both provide guidance and direction in making ethical decisions for their members (ACA, 2005) (AMHCA, 2010). Both the ACA and the AMHCA Codes of Ethics cover a wide range of moral and ethical situations that could present themselves to mental health professionals. Both of these codes of ethics have significant impacts on the counseling profession. The tools provided by these codes of ethics ensure that mental health professionals are able to conform to the regulations set forth. They address common concerns from varying points of view. Understanding these codes of ethics is essential to all mental

This case was very interesting regarding the “duty to warn” I do believe that it is everyones responsibility to warn someone if they have a sexually transmitted disease or are HIV positive. Having HIV is no joke, it is life threatening and can lead to AIDS. I find it to be very selfish if someone does not tell their sexual partner if they have a sexually transmitted disease or are HIV positive, as well as that being said it is also a legal matter. If someone who has HIV and gives it to someone else and does not inform that person before hand it can be considered attempted murder which can be subject to imprisonment. I could not believe that Jaun’s therapist was telling him that it was okay for him to not tell his sexual partner that he is HIV

It goes without saying that at some point in a counselor career, he or she can expect to be faced with an ethical dilemma. Ethical decisions are rarely easy to arrive at, as the dilemmas a counselor is faced with can be very complex

Professional counselors and their staff are exposed to sensitive client information and records. The helpful receptionist and whose privilege videos, show how to apply both the American Counseling Association Code of Ethics (ACA Code of Ethics) and state board counseling laws to common ethical scenarios. The content explores aspects designed to call attention to favorable and unfavorable skills and techniques in handling such matters. These two videos demonstrate the limitations of confidentiality and privileged information. As a professional counselor one is expected to uphold the principles of confidentiality and privilege according to the ACA Code of Ethics and state laws. One may conclude that the helpful receptionist video shows clear violations of confidentiality. While the whose privilege video indicates the significance of insuring that counselors comprehend state laws and ethics codes pertaining to confidentiality and privilege. Furthermore, counseling professionals are held accountable for violating ethics codes and state laws as well as training staff on informed consent.

Introduction The code of ethics guides all helping professions in addressing and finding a solution to situations that need to remain true to the standard of conduct for counselors, and does not cause harm to any parties involved. However, each code for each helping profession looks different in terms of ethical standards. Making it important to compare the two to view the similarities and differences shared in each code. This paper will examine the American Counseling Association’s (ACA) code of ethics with the American School Counselor Association Ethical Standards for School Counselor’s (ASCA).

The ACA Code of Ethics states, “when counselors are faced with ethical dilemmas that are difficult to resolve, they are expected to engage in a carefully considered ethical decision-making process,” (ACA, 2014, p. 3). Throughout these three case studies, I will use the seven-step ethical decision-making model to address the important professional issues, relevant ethical codes, and legal standards (Forester-Miller & Davis, 1996). By applying the steps to each case I will share how I came to my resolutions.

The duty to warn state laws were created as a response to the Supreme Court ruling. The duty to warn laws various from state to state and therefore social workers must be mindful of how their state laws are construed. The duty to warn law creates ethical dilemmas for practicing clinicians as the decision to break confidentiality is somewhat subjective in nature.

The duty to warn concept states that when a patient has communicated to hurt someone or communicated a threat of violence against a person or pose a threat to themselves, then it is the health care professional responsibility to warn the individual or individuals being threaten. For example, while a patient is having a session with his/her psychiatrist, the patient states “I am planning to harm my neighbor, Sandy…” The therapist may gather more details to determine whether the patient has a detailed plan on how he/she will carry this out, but it is the obligation of the therapist to warn the neighbor of this threat. The patient has clearly identified who he/she will harm. The duty to warn concept also means that a health care professional can

ne example of an ethical and legal issue pertains to duty to warn. In the beginning of each session, a counselor goes over the confidentiality statement that states the rights which the student has the right to privacy unless someone is hurting them, they are hurting themselves, or they are hurting someone else. When a student mentions hurting or causing some form of harm to another person, this is when duty to warn allows for the counselor to break confidentiality and take all the necessary precautions. It is the counselor’s responsibility to protect that intended victim who was mentioned by the client (Henderson, 2016). As a counselor it is his/her right to let all parties know, for example, the student who was mentioned, the principal,

In addition to biases, counselors often fail to notify their client when he or she will breach confidentiality thus leading to clients suing their counselors. The counselors have ethical obligations to uphold not only for their clients but for themselves. Counselors working with court-ordered clients can illicit autonomy in their clients through informed consent. Informed consent when properly indicating the limitations of confidentiality can allow the client to choose what he or she shares. However, informed consent can become a complex process if an individual is incapable of giving consent (Lambert, 2011). A court-ordered client may not have the capabilities to give consent.The demands of court-ordered clients to give consent falls on

An ethical issue of informed and consent is being violated in this case. The clients, have the right to be informed about their treatment, assessment, or any other service they are going to receive, before they agree to participate or not for those services, not matter what their circumstances are at that moment. It is essential that the rights of the clients are respected, including clients being able to make decisions about their treatment. Clients are also entitle to identify and understand the counselor’s credentials and qualifications, frequency and duration of the treatment, the client’s responsibilities for participating, and medication issues.

Since the 18th century, I believe one of the greatest details my profession has changed is the client-counselor relationship and what it means to counsel someone in need of help. Before, counselors deemed themselves as the expert in their client’s life and now we believe the alternative. What a 180° turn for our idealistic goals for our clients! Based on the growing numbers of counselors advocating for the counseling profession in legislation, I believe the most impact we can make today is continuing to define our professional identity not only to the community we work in but legally as well. The counselors whom actively advocate for all fellow members are truly leaders in our time. Advocacy for the counseling profession can be the most impactful

This paper will examine sexual misconduct in the counseling profession, and why it is not only unethical, but also illegal in half of the US states. Through exploring the harmful effects of a counselor’s sexual misconduct with a client, an enhanced perception will reveal reasons why a sexual relationship between counselor and client is unethical and illegal in 25 states. This paper will also look at the characteristics of the counselor/client’s sexual relationship, as well as the consequences of that relationship, and strategies to prevent it.

In Corey Gerald’s book, Theory and Practice of Counseling and Psychotherapy (2013), it is asserted that Psychotherapy and Counseling requires constant ethical consideration, in both thought and decision, if one hopes to be the best practitioner possible. Through his chapter on ethics, Gerald defines the key ethical types (mandatory, aspirational, and positive) and develops his claim by outlining the many areas in which psychological practitioners must maintain high ethical standards. The purpose of this piece is to educate future practitioners on ethical practice in order to best prepare individuals for the pursuit of helping others. Gerald writes this advisatory literature for psychology students who are considering pursuing a career as a psychotherapist. Truly, Gerald is more than informatory; he seeks to equip students with the knowledge of ethical

In addition, they must also abide by all administrative rules, ethical standards, and other requirements of state clinical mental health counseling or other regulatory boards (AMHCA, 2012). Mental health counselors promote clients well-being on multiple levels by providing prevention services and treatments for a wide range of clients in diverse settings (Gladding & Newsome, 2010). The profession of mental health counseling is continuously changing and evolving. Some of those changes are pleasantly welcomed, while others are not so much. Mental health counselors must stay updated, educated, and involved in all aspects of the profession in order to best serve their clients. State and national policies on mental health counseling are there to protect everyone involved. State policies are designed to regulate the professional practice of mental health counseling. This regulation serves to protect the consumer by ensuring that their rights and dignity are not violated (Ford, 2006). Licensing and credentialing are essential to the profession of mental health counseling (Gladding & Newsome, 2010). Counselors must have the competencies to not only keep up with the constant change in public policies but to fight for the rights of their clients as well.