Theory and Practice of Counseling and Psychotherapy
Chapter 3
Ethical Issues in Counseling Practice
Ethical principles and issues will be a basic part of professional practice.
Balancing clients’ needs against your own needs, ways of making good ethical decisions, educating
clients about their rights, parameters of confidentiality, etc.
Being an ethical practitioner is far more complex than a set of rules.
Types of Ethics
Mandatory Ethics deals with the minimum level of professional practice.
Aspirational Ethics involves the highest standards of thinking and conduct.
Positive Ethics is an approach taken by practitioners who want to do their best for clients rather than
simply meet minimum standards to stay out of trouble.
Putting Clients’ Needs Before Your Own
Aware of our own needs, areas of unfinished business, potential personal problems, and especially
our sources of countertransference.
Professional relationships with clients exist for benefit.
Examine your personal needs that can create growth-producing relationships.
Ethical Decision Making
Ethics codes are a fundamental component of effective counseling:
oThey are guidelines that outline professional standards of behavior and responsible practice.
oCounselors must interpret and apply ethical principles to their decision making.
oCodes do not make decisions for counselors.
The principles that underlie our professional codes: benefit others, do no harm, respect other’s
autonomy, and be just, fair and faithful.
The following is the role of ethical codes:
oThey educate us about responsibilities, are a basis for accountability and improving professional
practice, and protect clients.
The following are the steps in making ethical decisions:
oIdentify the problem, look at the relevant ethics codes and laws, seek consultation, brainstorm
various possible courses of action, list consequences, decide, and document the reasons for your
actions.
oTo the degree it is possible, include the client in all phases of your ethical decision-making
process.
The Right of Informed Consent
Providing clients with information they need to make informed choices
Educating clients about their rights and responsibilities
Empowering clients and building a trusting relationship with them
Addressing privacy issues with clients, including the implications of using technology to
communicate
The Right of Informed Consent
Some aspects of informed consent process include the following:
oTherapeutic procedures and goals
oResponsibilities of clients
oLimitations of and exceptions to confidentiality
oLegal and ethical parameters
oQualifications and background of the practitioner
oFees involved
oApproximate length of the therapeutic process
The Dimensions of Confidentiality
Confidentiality is essential but not absolute.
Privileged communication is a legal concept that protects clients from having their confidential
communications.
Confidentiality is developing a trusting and productive client–therapist relationship.
Ethical Concerns with the Use of Technology
oConfidentiality and privacy can become more complicated when technology is involved.
oACA Code of Ethics (2014) contains a new set of standards with regard to the use of technology,
computer-mediated communication, and social media as a delivery platform.
Exceptions to Confidentiality and Privileged Communication:
oClient poses a danger to self or others.
oClients who are children/minors, dependent adults, or older adults are victims of abuse.
oClient needs to be hospitalized.
oInformation is made an issue in a court action.
oClient requests a release of record.
Ethical Issues From a Multicultural Perspective
Current theories can be, and need to be, expanded to include a multicultural perspective.
Assumptions made about mental health, optimum human development, and the nature of effective
treatment may have little relevance for some clients.
Theories should incorporate an interactive person-in-the-environment focus.
Counselors must be mindful of diversity and social justice issues to practice ethically and effectively.
A counselor or therapist should facilitate social action that leads to change within the client’s
community rather than merely increasing the individual’s insight.
An adequate theory of counseling does deal with the social and cultural factors of an individual’s
problems.
Ethical Issues in the Assessment Process
Assessment is an ongoing process designed to help the counselors evaluate key elements of a
client’s psychological functioning.
oInfluenced by the therapist’s theoretical orientation
oRequires cultural sensitivity
oCan be helpful in treatment planning
Ethical Issues in the Assessment Process
Diagnosis is the process of identifying a pattern of symptoms that fit the criteria for a specific
mental disorder defined in the DSM-5.
oRequires cultural sensitivity
oPractitioners debate whether a diagnosis is necessary
oCan be helpful in treatment planning
oIf used only for insurance purposes, can lead to ethical dilemmas
Ethical Aspects of Evidence Based Practice (EBP)
Treatments have been validated by empirical research
Treatments are usually brief and standardized
Are preferred by many insurance companies
Enhance the effectiveness of client services and to improve public health
Empirically analyze the most effective and efficient treatments
Mechanistic and do not take into full consideration the relational dimensions of the psychotherapy
process and individual variability
Existential concerns that do not fit with any diagnostic category
Managing Multiple Relationships in Counseling Practice
Either sexual or nonsexual, occur when counselors assume roles sequentially with a client
Multiple relationship is often used instead of dual relationship because of the complexities involved
Nonprofessional relationships
Nonprofessional interactions or nonsexual multiple relationships pose a challenge to practitioner
Dual or multiple relationships are combining the roles of teacher and therapist or of supervisor and
therapist.
ACA Code of Ethics (ACA, 2014) teaches how to manage multiple roles and responsibilities in an
ethical way.
Inherent in counseling relationships and training relationships, balancing boundary issues,
addressing nonprofessional relationships, etc.
Boundaries in Psychotherapy: Ethical and Clinical Explorations (Zur, 2007) is an excellent resource.
For helping professionals who are using social media, a host of ethical concerns about boundaries,
dual relationships, confidentiality, and privacy are raised.
Practitioners should maintain the following:
oLimit what is shared online.
oInclude social networking policies as part of informed consent.
oRegularly update protective settings, because privacy rules change.
Becoming an Ethical Counselor
Knowing and following your profession’s code of ethics
Interpreting the ethical guidelines of your professional organization and applying them to particular
situations
Seeking consultation from trusted colleagues and supervisors
Ethical decision making is an evolutionary process that requires to be continually open and self-
reflective
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