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Ethics and Legal Issues in Counseling
Test Prep
50
Other
Graduate
02/09/2011

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Term
moral conduct
Definition
refers to personal belief system
Term
ethics
Definition
AGREED UPON RULES OR STANDARDS OF PRACTICE AS ESTABLISHED BY A PROFESSION; Conduct deemed as good or right for counselors as a professional group
Term
law
Definition
agreed upon rules in society; less stringent than ethics; basic agreed upon rules
Term
Laws vs ethics vs best practices
Definition
laws represent minimum standards; ethics represent agreed upon professional codes; best practice is the ideal
Term
slippery slope phenomenon
Definition
term used to describe what happens when one begins to compromise one's principles, easier and easier as happens
Term
ethical absolutism vs. ethical relativism
Definition
EA believe some values are universal, not dependent on culture or values; while ER believe action right or wrong depending on cultural context
Term
utilitarianism vs. deontology
Definition
act should do most good for most people, evaluated by consequences VS. action is justified by being totally right by guiding principle(guides Couns)
Term
egoism vs altruism
Definition
egoism-actions taken for self motivation VS altruism-action taken to benefit others which guides (client comes first)
Term
virtue ethics
Definition
originated with Aristotle. believes moral choices made by good judgment not rule; focuses on principles/traits
Term
relational ethics
Definition
Carol Gilligan; moral actions taken in view of relationship to others because of mutual responsibility to one another; empower people, promote justice and care for all
Term
principle ethics
Definition
fidelity, autonomy, non maleficence, beneficence, justice and veracity; ask what should I do? can compete for top
Term
virtue ethics
Definition
ask who should I be? integrity, discernment, acceptance of emotion, self-awareness, interdependence
Term
mandatory ethics
Definition
lowest threshold for ethical conduct; keeps one in compliance with minimal standards; does not meet spirit of law
Term
aspirational ethics
Definition
highest moral conduct; closely related to best practice
Term
current code of ethics ACA
Definition
adopted in 2005; first adopted in 1953 by Donald Super; code revised every 7 - 10 years
Term
Four steps universal in decision making codes investigated by Cottone and Claus
Definition
identify problem, consult ethical codes, consider the consequences of problems, and choose action
Term
Four self tests of decision in ethical dilemma
Definition
Justice (would I treat others this way), Universality (would I recommend), publicity (would I publicize, moral traces
Term
tort law
Definition
law that states a person will be held responsible in a court of law if they cause harm to someone
Term
malpractice
Definition
area of tort law that holds professionals responsible for harm done to public
Term
statutory law
Definition
major source of law coming from laws passed by legislatures by federal and state;
Term
regulations
Definition
passed by agency may implement regulations but MAY NOT exceed the authority of the statute.
Term
federal and state courts
Definition
interpret law especially constitutions, common law, statutes and regulations
Term
How to determine if there is a legal issue involved in a matter
Definition
1)legal proceedings of some kind started 2)lawyers are on the scene 3) you are vulnerable to a complaint filed against You
Term
requesting legal advice as an employee
Definition
employees responsibility to request advice when situation has legal implications beyond ability to resolve
Term
first step if a legal question arises
Definition
go to direct supervisor, follow legal advice given by agency attorney
Term
counseling identity
Definition
wellness model; problems developmental in nature, prevention and early intervention best; counseling should empower individual and encourage autonomy in future
Term
evidence that the medical field adopts wellness model
Definition
focus on patient as part of treatment, preventative medicine, consumer education and patient rights
Term
developmental perspective of counseling
Definition
counselors believe most problems people encounter are developmental in nature; problems as natural and normal; less pathological
Term
counselors & prevention
Definition
early intervention and prevention preferred by counselors over remedication; counselors use education:parental, marital, career exploration
Term
empowerment of clients
Definition
encouraging autonomy, responsibilty for own life; counselors communicate that clients can cope with life issues
Term
counselor's primary duty
Definition
mental health service; can serve for help with assessment, teaching, advocacy or case management...but mostly counseling
Term
Counselor preparation programs
Definition
individuals considered professionals after a MA. Often located in education programs; roots in psychology;
Term
Cacrep standards for counselors
Definition
2 yrs; or 48 - 60 hours in master's programs; 100 hr practicum and 600-hour internship;
Term
credentialing
Definition
Masters degree, license issued by the state (practice law); certification law (title law);
Term
state agency certification
Definition
state agencies certify that an individual is qualified to hold certain state jobs: ie: school counselor. Also substance abuse counseling and rehab counseling
Term
national voluntary certification
Definition
Done through NBCC & Rehab.Counselor Cert.
Not required to practice legally; started '82; allowed profession to determine standards; to have-MA, 2 years experience and pass NCE
Term
specialties in NBCC
Definition
specialist must first have NCC; specialties in school, mental health, addictions;
Term
Counseling program accreditation
Definition
CACREP-programs meet standards of excellence; universities offering degrees receive approval;
Term
rehabilitation counseling certification
Definition
CORE Counsel on Rehabilitation Education; also certifies rehab counselors;
Term
Credentialing and ethics
Definition
all education must be represented honestly and accurately; advertisements must reflect degrees; meaning of credentials must be clear to clients
Term
historical roots of counseling
Definition
shares beginning with counseling psychology; stages in people's lives; focuses on normal, healthy development; Frank Parsons looked at career interests
Term
roots of school counseling
Definition
Sputnik created desire & funding for school counselors; gradually required in schools; minimum hours for SC MA: 48 hours
Term
vocational rehab counseling
Definition
in the 1950s recognition that people with disabilities not getting vocational help; funding to help people find work, discover abilites, MA programs developed
Term
forces leading to development of counseling as a separate profession
Definition
rise of school counselor, vocational rehab counselor and decision in psychology to make a doctoral level necessary.
Term
definition of a fully developed profession
(Toren)
Definition
1-a body of theoretical knowledge 2-members with competence in this knowledge 3-code of ethics focused on client well being
Term
counseling as a fully developed profession
Caplow's steps
Definition
1)forming associations 2)changing names to clarify 3)developing code of ethics 4) political agitation
Term
ACA and professional associations
Definition
Journal of Counseling & Development; profesional liability insurance; ACA Divisions-19, subgroups; State Divisions in all states;
Term
Groups in conflict with counseling license
Definition
APA opposed licensing of counselors; some counselors oppose specialty of AAMFT
Term
Conflicts in professional identity: specialties vs. unity
Definition
some believe specialties diminish professional status of all counselors; specialists need to support profession as a whole
Term
History of APA name
Definition
American Personal & Guidance Association in '52, changed to American Association of Counseling & Development, then ACA
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