Thesis on "Counseling Although Counselors Work"

Thesis 13 pages (3758 words) Sources: 8 Style: APA

[EXCERPT] . . . .

Counseling

Although counselors work in a wide range of treatment settings, including healthcare institutions, organizations of all types and sizes in both the private and public sectors and even academia, they share some commonalities when it comes to the legal and ethical implications of the counseling services they provide. The problems that individuals present with for counseling services range the entire gamut of the human condition, of course, but no matter what the issues are involved, it is important for counselors in any treatment venue to recognize the legal and ethical implications that are associated with the services they provide. To this end, this paper provides a review of the relevant peer-reviewed and scholarly literature concerning the legal and ethical implications of counseling to identify some of the more important issues involved, followed by a summary of the research in the conclusion.

Review and Discussion

In the delivery of professional counseling services, many of the identical functions of the counselor may have both legal and ethical implications; however, while something may be legal, it may not be ethical and vice versa such as in the case of treating patients who present with suicide ideation intentions (Francis, 2003). Therefore, for discussion purposes, these issues will be reviewed separately below.

Ethical Implications

Whatever their treatment venue and area of specialization, counselors of all types are obligated to deliver their services in a manner that is congruent with the ethical codes and standards that have been established by their respective professions (Pack-Brown, Thomas & Seymour, 2008). In any analysis of the ethical implications involved in counseling, though, it is essential to determine the various ways in which the concept of ethical practice has been defined and the impact that cultural factors have on the development of codes of ethics for counseling professionals (Pack-Brown et al., 2008). According to Pack-Brown and her colleagues, "Although some persons define ethics from a theoretical and moral stance, others emphasize the practical, professional meaning of the term. Philosophical ethics relates to theoretical and moral consideration of what is thought to be 'good,' 'right' or 'worthy' actions in different situations" (2008, p. 296). The term "professional ethics" when applied to the counseling profession is typically used to refer to a group of rules, principles, and standards that had widespread acceptance and that are used to define what is appropriate conduct and acceptable practices (Pack-Brown et al., 2008).

Generally, such ethical codes also contain the core values of the area of specialization involved. For instance, the ethical codes of the American Psychological Association, the American Counseling Association as well as the National Association of Social Workers all contain guiding standards for ethical professional practices that are intended to reflect the core values of the professions involved (Pack-Brown et al., 2008). According to these authors, "These ethical values and pragmatic standards highlight the importance of operating in ways that respect the dignity and worth of the persons served by counselors, psychologists, and social workers" (Pack-Brown et al., p. 297). As an example, Pack-Brown and her associates cite the preamble to the ethical code of the American Counseling Association which states that it is the ethical responsibility for members of the association to seek to:

1. Enhance human growth;

2. Recognize and respect the diversity of their clients; and,

3. Embrace culturally appropriate strategies that honor the dignity and uniqueness of the persons they serve.

Likewise, the American Psychological Association's code of ethical conduct emphasizes the need for its members to:

1. Be impartial and just when providing psychological services to persons in diverse groups;

2. Allow all persons equal access to available services; and,

3. Ensure that personal biases, boundaries of competence, and limitations of expertise do not result in unfair and improper professional practices (Pack-Brown et al., 2008, p. 297).

The professional codes of ethics for those working the counseling have experienced changes over the years, of course, and they will undoubtedly continue to be changed to reflect shifts in the population, best practices based on empirical evidence and the changing needs of the populations being served. For instance, one area of professional counseling that is becoming increasingly popular has not been the focus of a great deal of research to date, but it is clear that online counseling will demand some critical assessments concerning the ethical issues involved today and in the future. In this regard, Shaw and Shaw (2006) emphasize that almost 85 million Americans are already using the Internet to search for counseling services, a trend that must be taken into account in the development of ethical codes of conduct for the counseling profession. These authors note that, "Since the arrival of online counseling, the practices and ethics of the counseling profession are being displayed in a new arena. How the counseling field is presented to the public on the Internet, including its values, practices, and level of professionalism, should be of great concern to all counselors" (Shaw & Shaw, 2006, p. 41). In fact, a past president of the American Counseling Association has maintained that online counseling services must be as "ethically sound as all other forms of client service delivery" (Lee, 1998, p. 2). According to Shaw and Shaw, "A solid code of ethics professionalizes an occupation by creating a social contract with the public that balances professional privilege and responsibility with a commitment to the welfare of clients. Each time a new field in counseling arises, this delicate balance is challenged" (p. 41). The Code of Ethics of the American Mental Health Counselors Association also addresses this issue by noting, "Mental health counselors engaged in delivery of services that involves the telephone, teleconferencing and the Internet in which these areas are generally recognized, standards for preparatory training do not yet exist" (Principle 14 Internet Online Counseling).

Because of the dearth of guidance in the various professional associates to date, the American Mental Health Counselors Association emphasizes that it is currently the responsibility of the individual practitioner to ensure that the services being delivered and the Web site content they provide satisfy their respective professions' ethical standards: "Mental health counselors take responsible steps to ensure the competence of their work and protect patients, clients, students, research participants and others from harm" (Principle 14 Internet Online Counseling, 2001). To help counselors determine the appropriateness and ethics of their online counseling services and Web site content, Shaw and Shaw (2006) have developed an ethical intent checklist that follows the guidance contained in the American Counseling Association's (ACA) Code of Ethics which is provided at in Table 1 below. The 16 items that comprise the Ethical Intent Checklist in column one are linked to the reference to the American Counseling Association's standard or standards from which the item was developed in the second column.

Table 1

The Ethical Intent Checklist

Ethical Issue

ACA's Code of Ethics Reference

1. Is the full name of counselor given?

Confidentiality: b.2., Professional Counselor Identification.

2. Does the site clearly identify the state from which they are operating?

Establishing the Online Counseling Relationship: d., Boundaries of Competence.

3. Are degrees listed?

Confidentiality: b.2., Professional Counselor Identification

4. Are areas of study and university given for degrees?

Confidentiality: b.2., Professional Counselor Identification

5. Is the address or the phone number of the counselor given for backup purposes?

Establishing the Online Counseling Relationship: c., Continuing Coverage

6. When requesting client information, does the site require client's full name and address?

Must be a required field for client to fill in.; Confidentiality: b.3., Client Identification

7. Does the site clearly state that clients must be 18 years or older or have consent of a legal guardian?

Establishing the Online Counseling Relationship: e., Minor or Incompetent Clients

8. When requesting client information, does the site require client's age or birth date?

Must be a required field for client to fill in; Establishing the Online Counseling Relationship: e., Minor or Incompetent Clients

9. Does the site have an intake that clients must fill out before counseling can begin?

Must be a required field for client to fill in; Establishing the Online Counseling Relationship: a., the Appropriateness of Online Counseling

10. Does the site have a statement stating that online counseling is not the same as face-to-face counseling?

Establishing the Online Counseling Relationship: a., the Appropriateness of Online Counseling

11. Does the site have a statement stating that not all problems are appropriate for online counseling?

Establishing the Online Counseling Relationship: a., the Appropriateness of Online Counseling

12. Does the site refer clients to traditional forms of counseling, or provide other suggestions (crisis lines, etc.) for clients who are not deemed appropriate for online counseling?

Establishing the Online Counseling Relationship: b., Counseling Plans

13. Does the site have a statement indicating that ensuring complete confidentiality over the Internet is not possible?

Confidentiality: a., Privacy Information

14. Is e-mail secure via a Secure Sockets Layer (SSL) or via encryption software?

Confidentiality: a.l., Privacy Information, Secured Sites

15. Does the site have a statement about conditions under which confidentiality… READ MORE

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