ETHICAL AND LEGAL ISSUES
Ethic is the defines as the legal status that governs and regulates professional practice. The counselor has operates with the winter of the following ethical responsibilities.
Responsibilities to the client
i) Counselors take all reasonable steps to avoid harm to that client as a result of the counseling process.
ii) Counselor fond with situation which extend the boundary of their competence seek supervision and consider referral to other professional
iii) In the event of harm resulting from counseling, counselors take responsibility for restitution as professional indemnity should be considered in this context.
iv) Counselors have a responsibility to promote client autonomy and to encourage the clients to make responsible on their own behalf.
v) Counselors consider the social context of their clients and their connection to others.
vi) Counselors are responsible to setting and maintaining professional boundaries within the counseling relationship.
vii) Counselors avoid any other relationship with their client which is detrimental to the therapeutic process.
viii) It a relationship rather than counseling is present, counselors demonstrates careful consideration of ethical issues raised including power imbalance and confidentiality.
i) Counselors must not exploit clients past or present in financial, sexual, emotional or any other way.
ii) Counselors will not accept or offer payment for referrals or engage in any financial transactions, a part from negotiation the ordery fee charged for counseling.
iii) Sexual relationship between the client and the counselor can never be acceptable and constitutes unethical behavior. In any form either physical contact, whether initiated by the client or the counselor have as its purpose some form of sexual specification, or which may be reasonable construed as having that purpose.
iv) Counselors should consider that the deeper the involvement with the client’s emotional life during counseling the less likely is the possibility of a subsequent equal relationship following termination of therapy. Counselors must seek professional supervision should any attempt to build a relationship with a former client to be considered.
i) Counselors treat with confidence any personal information about clients, whether obtained directly or by interence. This applied to all verbal, written, recoded or computer stored materials pertaining to the therapeutic context. All records, whether in written or any other form, need to be protected with the atristat confidence.
ii) Clients must not be observed by any other that their counselors without having given informed consent. This applies both to direct observation and to any other form of audit or visual transmission or recoding.
iii) Counselors and supervisors are responsible for protecting their client’s rights of confidentiality in the supervision context by ensuring that shared information is organized appropriately.
iv) Exceptional circumstances may arise which give the counselor good grounds for believing that the client will cause serious physical harm to other or themselves. In such circumstances, the breaking of confidentiality may be rampered , preferably with the clients in permission , or after consultation with a counseling supervisor.
v) Any breaking of confidentiality should be minimized both by protecting the information conveyed that which is pertinent to the immediate institution and by inviting it to those persons who can provide the help recded by the client.
vi) Agreement about confidentiality continue after the clients death unless there are overriding legal consideration.
vii) Special care is recoded when using specific counseling situation for reports and publication. The author must have the clients in formed consent should there be any possibility of identification of the client.
i) Counseling activities are to be undertaken only with professional intent and not casuality and /or in extra professional relationship.
ii) Contracts involving the client should be realistic and clear.
iii) When a client incapable of giving informed consent, counselors obtain consent from legally authorized persons.
iv) Any publicity material and all written and oral information should offered and the training qualification and relevant experience of the counselors.
v) Counselors are responsible for communicating the terms on which counseling is being offered.
vi) Counselors will disclose any conflict of interst which may arise in relation to a client and will supervision to resolve appropriate actions which induce referral.
vii) Counselors have a responsibility to themselves to maintain their own effectiveness, reiliance and ability to help clients. They commitor their own personal functioning and seek to help or refrain from counseling when their personal resources are sufficiently depletes to reqmpe this.
Responsibilities to Self as Counselor
i) Counselors do not counsel when their functioning is significantly empaired by personal or emotional difficulties, illness, alcohol, drugs or any other cause.
ii) Counselors have regular suitable supervision and use such supervision to develop counseling skills monitor performance and provide accontapility for practice.
iii) Counselors who suspect misconduct by another counselor which cannot be resolved or remredied after discussion with the counselor concerned approach the appropriate professional body in that field of work.
iv) Counselors do not solicit the clients of other counselors. They have an obligation not to impair the work of their colleagues, nevertheless, counselor need to be aware of the client’s right to seek a record opinion.
Responsibilities to the Wider Community.
i) Counselors work with the law
ii) Counselors take all reasonable steps to be aware of current legislation affecting their work.
iii) Counselors are committed to protect the public against incompetent and disturoable practices and are prepared to challenge these practices
i) Each number association must have procedures to be followed in the event of a complaint of unethical conduct against a member.
ii) Disciplinary procedures must include the position that a counselor can be befarred from membership. This would lead to a removal from any counseling register for which approved organizational membership is appointment.
iii) Each member association must have an appeal mechanism including the involvement of a person cutise the counseling profession.
iv) Notification of the withdrawal of a member from an association following complaint must be given to all association and whose registered the person is listening.
The following ethical principles apply in the practice addiction counseling:-
– Justice includes fairness, and not impartiality. The treatment of people in accordance with that differences counselor will then need to realize that impartiality in a noble aspiration.
– No one client should be denied access to text
– Understating the role of counter transference is critical
– Refers to the clients’ freedom of choice and action. The principles is based on the unconditional wrath of the of the individual and promotes self-governance , self-determination and self-rule.
– The clients may have been given an option by a court order or probatanapy condition.
– The counselor needs to encourage the client to take responsibilities for their decisions.
Refers to the counselors responsibilities to try and improve the clients’ welfare. The counselor has to prevent and remove any possible harm.
– The therapist should consider the clients’ norms and culture.
This is an “above all do no harm” it also refers to international infliction of harm as well as acting in such away as to parish harming others.
– The counselors than to recognize the land down limitation
– He/she han to avoid the use of techniques that are regard his professional competence.
– He/she han to avoid breach of boundaring including terms of sexual contact and financial exploitation.
This is core principle between the counselor and the client (telling the truth and keeping promises). Fidelity means loyalty, honesty and trustworthiness. The client han to be able to trust the counselor and to feel comfortable in the therapeutic relationship.
Being trust worth authentic and genuine in the American counseling association for instance a page counselors CODE of ethics of 2005. The following considerations are of importance in the event of the counselors practice.
Defines an keeping in confidence of the clients’ issues in objective is to protect the client from his/her vulnerable issues. Confidentiality therefore, has the following limitations:-
– Shaping with other professionals either notes colleagues of supervision.
– Legal issues
– Client causing harm to self and others.
This means the giving of information to the client about the professional relationship through explaining to him/her what the process entails the objectives involves. Protecting the client from his/her vulnerable potential risk and to keep the client safe from the many malpractices that may arise in the professional relationship.
Informed consent has the following limitations:-
– A client manifesting bizarre symptoms
– HIV positive client who does not want to disclose the status of the partner.
Right to Privacy
The right to privacy is not a statutory protection but a professional relationship in the treatment facility; it is the right of the client to the law.
Privilege to Communication
This refers to the right granted by the law to the client that communication should not be revealed during procedures. Its objectives are to protect the client’s right to privacy and that the client may also warvel/cancel the information
Boundaries in counseling thus involve:-
– Initiate relationship
– Personal benefits
– Emotional and depiction
– Altromatic gestures
– Unexpected situations
Will refer to multiple roles that exist between the therapist and the client which is a secondary relationship in addiction to the therapeutic one.
Duty to Report
The counselors have the responsibility of reporting dilemma challenges
– To record the rescloaim in the clients records
– Current with peers /other professionals besides the routine supervision.
– To cunsalet with the respective communication on cultural issues.
– Having no record is considered a demonstration or sub-standard care.
Client’s access to records
It redmsies that counselors provide reasonable access to records and production of records when quested by the client not unless the records could be harmful to the client.
Cosunelors are expected to take every possible precaution to ensure that the confidentiality of clients records is preserved.
Closed enter should for stored in a way that they easily can be accessed when needed.
Disposal of records ahs to be done in view of the organizations’ land down procedures while clients confidentiality.
– Some ethical boundaries which apply to other clients apply easily to adolescents.
– Issues of confidentiality and consent to treatment should be given by the parents
– Counselors have to protect minors by protecting their confidentiality.
Termination of treatment
To terminate a client who keeps a relapsing intocated clients are not insightful
– Respect for human right and dignity
– Counselor to ensure integrity of practice
– Counselors to alleviate distress and surfing.
– Increase personal effectiveness
– Enhance quality relationship between people
– Appreciate the variety of human experience and cultures.
– Counselor should strive for fair and adequate provision of counseling and psychotherapy services.