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Chapter 5

Ethics and the Law

Laws Impacting Practitioners

Informed consent

Confidentiality

Conflicts of interest

Boundary violations

Dual relationships

Practitioner competence

Termination of services

Parsons, Ethical Practice in the Human Services: From Knowing to Being 1st Edition. © SAGE Publishing 2017

The Helping Process as a Legal Contract

Formal contracts articulating the relationship between client and practitioner

Implicit acts

Note taking, scheduling formal appointments, and advertising ability to provide helping services

Credentials and licensure

Job definition

Fiduciary responsibility

Parsons, Ethical Practice in the Human Services: From Knowing to Being 1st Edition. © SAGE Publishing 2017

Fiduciary Responsibility

When a fiduciary relationship exists, a counselor has these obligations:

To act with good faith and loyalty toward a client

To not abuse the power imbalance by exploiting the client

To act in the best interest of the client

Parsons, Ethical Practice in the Human Services: From Knowing to Being 1st Edition. © SAGE Publishing 2017

Codes of Ethics and the Law

Codes of ethics provide guidelines for practice decisions

Codes of ethics are not binding unless incorporated into law

Code of ethics provide a standard for developing laws and regulations governing the practice of the profession

Laws may vary state to state

Counselors should know the relationship of their ethical code to the legal mandates

Parsons, Ethical Practice in the Human Services: From Knowing to Being 1st Edition. © SAGE Publishing 2017

Unethical, Yet Legal

Practitioner’s decisions may be unethical, yet legal

Codes of ethics may be specific in some of these issues, however there may not be a law concerning these issues

State law may not specify how confidential information is used or shared

State law may not reflect current issues in the field such as the use of technology

Parsons, Ethical Practice in the Human Services: From Knowing to Being 1st Edition. © SAGE Publishing 2017

Ethical, Yet Illegal

When a practitioner’s decision falls within the codes of ethical conduct, but is considered illegal

Actions which are both unethical and illegal must be avoided

Practitioners need to remain informed about legal interpretations of ethical decisions

Parsons, Ethical Practice in the Human Services: From Knowing to Being 1st Edition. © SAGE Publishing 2017

Ethical and Legal Conflict

Most codes of ethics will reflect the following, as in the APA (2010) code:

Clarify the nature of the conflict

Make known the commitment to the code of ethics

Take reasonable steps to resolve the conflict consistent with the code

Prima Facie

Mental health practitioners have an obligation to abide by legal requirements

The legal obligation needs to be considered in every case and only set aside when ethical and/or legal reasons of greater importance compel such action

The uniqueness of each situation and characteristics of each client may complicate the decision

Steps in Decision-Making

1. Identify all forces impacting issues

2. If the question is one of law, legal advice should be obtained

3. If the problem is applying or understanding the ethical standard, consultation with a professional colleague is needed

4. If a force other than law or ethics is present, legal advice should be obtained

Stay Up to Date

Continuing education and consultation may be available through:

State associations

National associations

Liability insurance companies

You, as the Helper

What have you learned about the law and ethics?

When are the codes of ethics helpful?

What are your thoughts about not only practicing ethically, but legally?

After reading this chapter, what do you plan on doing to keep informed in order to be an ethical practitioner?