Ethics and Legal Issues in Counselling

Ethical Practices of Psychological Counselling

The treatment of mental and emotional disorders through the use of psychological techniques designed to encourage communication of conflicts and insight into problems, with the goal being relief of symptoms, changes in behaviour leading to improved social and vocational functioning, and personality growth is called Psychological counselling.

Practice of being trustworthy

It is crucial for a counsellor to uphold the trust placed in them, known as fidelity, as being trustworthy is essential for understanding and addressing ethical issues. Counsellors who follow this principle act in alignment with the trust given to them, make efforts to ensure that the counselling provided has reasonable prospects of fulfilling the client’s needs, honor their commitments and promises, treat confidentiality as a responsibility arising from the client’s trust, and limit any disclosure of confidential information strictly to the purpose for which it was originally shared.

Autonomy

It revolves around respecting the patient’s right to self-governance, emphasizing the importance of fostering their ability to make independent decisions in medical care and all aspects of life.

Counsellors who uphold their clients’ autonomy ensure the accuracy of any advertising or information provided before services, obtain freely given and well-informed consent, emphasize the significance of voluntary participation, engage in clear agreements before any commitment is made, protect privacy and confidentiality, and generally disclose confidential information only with the individual’s consent. They also inform clients in advance of any foreseeable conflicts of interest or as soon as such conflicts arise.

Beneficence

It is a commitment to enhance the patient’s wellness. The principle of beneficence refers to acting in the best interests of the patient depending on professional assessment. It focuses attention to working acutely within one’s limits of competence and providing services on the basis of adequate training, knowledge or experience.

The object of ensuring that the patient’s best interests are achieved requires systematic and specific monitoring of practice and outcomes by the best means that are available. It is considered important that research and systematic reflection shall inform about practice. There is a mandate to use regular and on-going supervision to enhance the quality of the services provided and also to commit for updating practice by continuing professional development.

Any mandate to act in the best interests of a patient may become paramount when working with person who seeks the counselling whose capacity for autonomy is diminished because of immaturity, impatience, lack of understanding, extreme distress, serious disturbance or other significant personal constraints.

Non-maleficence

It means a commitment for avoiding harm to the patient. Non-maleficence includes: avoiding any sexual, financial, and emotional or any other form of exploitation of patient; avoiding any sort of incompetence or malpractice or defrauding act; not providing services when unfit to do so because of illness, personal circumstances or state of intoxication. The counsellor has an ethical responsibility to strive to tackle any type of harm caused to a patient even if the harm is not avoidable or not intended.

Holding appropriate form of insurance may help in restitution. Counsellors have to fulfil personal and professional responsibility to challenge, where appropriate, the incompetence or malpractice of others; and to contribute to any investigation, inquiry and/or adjudication concerning professional practice which lies below that of a reasonably competent counsellor and/or risks bringing discredit upon the profession.

Counsellors strive to benefit those with whom they work and take care to do no harm. In their professional actions, Counsellors seek to safeguard the welfare and rights of those with whom they interact professionally and other affected persons, and the welfare of animal subjects of research. When conflicts occur among Counsellors’ obligations or concerns, they attempt to resolve these conflicts in a responsible fashion that avoids or minimizes harm.

Because Counsellors’ scientific and professional judgments and actions may affect the lives of others, they are alert to and guard against personal, financial, social, organizational, or political factors that might lead to misuse of their influence. Counsellors strive to be aware of the possible effect of their own physical and mental health on their ability to help those with whom they work.

Justice

It implies the fair and impartial treatment of all person who seeks the counselling and the provision of adequate services. The principle of justice requires to be just and fair to all person who seeks the counselling and respecting their human rights, self-respect and dignity. It directs attention to considering conscientiously any legal requirements and obligations, and remaining alert to potential conflicts between legal and ethical obligations.

Justice in the distribution of services requires the ability to determine impartially the provision of services for person who seeks the counselling and the allocation of services between people who seek the counselling. A commitment to fairness requires the ability to appreciate differences between people and to be committed to equality of opportunity, and avoiding discrimination against people or groups contrary to their legitimate personal or social characteristics.

Counsellors have a duty to strive to ensure a fair provision of counselling and Psychological counselling services, accessible and appropriate to the needs of potential person who seeks the counselling. Counsellors recognise that fairness and justice entitle all persons to access to and benefit from the contributions of counselling and to equal quality in the processes, procedures, and services being conducted by Counsellors.

Counsellors exercise reasonable judgment and take precautions to ensure that their potential biases, the boundaries of their competence, and the limitations of their expertise do not lead to or condone unjust practices.

Self-respect

It is the fostering of counsellor’s self-knowledge and care for self The principle of self-respect means that the counsellor appropriately applies all the above principles asentitlements for self. This includes seeking counselling or therapy and other opportunities for personal development as required.

There is an ethical responsibility to use supervision for appropriate personal and professional support and development, and to seek training and other opportunities for continuing professional development. Safeguarding against financial liabilities arising from work undertaken usually requires obtaining appropriate insurance.

The principle of self-respect encourages active engagement in life-enhancing activities and relationships that are not dependent on relationships in counselling or Psychological counselling.

Fidelity and Responsibility

Counsellors establish relationships of trust with those with whom they work. They are aware of their professional and scientific responsibilities to society and to the specific communities in which they work. Counsellors uphold professional standards of conduct, clarify their professional roles and obligations, accept appropriate responsibility for their behaviour, and seek to manage conflicts of interest that could lead to exploitation or harm.

Counsellors consult with, refer to, or cooperate with other professionals and institutions to the extent needed to serve the best interests of those with whom they work. They are concerned about the ethical compliance of their colleagues’ scientific and professional conduct. Counsellors strive to contribute a portion of their professional time for little or no compensation or personal advantage.

Integrity: Counsellors seek to promote accuracy, honesty, and truthfulness in the science, teaching, and practice of counselling. In these activities Counsellors do not steal, cheat or engage in fraud, subterfuge, or intentional misrepresentation of fact.

Counsellors strive to keep their promises and to avoid unwise or unclear commitments. In situations in which deception may be ethically justifiable to maximize benefits and minimize harm, Counsellors have a serious obligation to consider the need for, the possible consequences of, and their responsibility to correct any resulting mistrust or other harmful effects that arise from the use of such techniques.

Respect for People’s Rights and Dignity

Counsellors respect the dignity and worth of all people, and the rights of individuals to confidentiality, confidentiality, and self-determination. Counsellors are aware that special safeguards may be necessary to protect the rights and welfare of persons or communities whose vulnerabilities impair autonomous decision making.

Counsellors know about respecting cultural, individual, and role differences, including those based on age, gender, gender identity, race, ethnicity, culture, national origin, religion, sexual orientation, disability, language, and socioeconomic status, and consider these factors when working with members of such groups. Counsellors try to eliminate the effect on their work of biases based on those factors, and they do not knowingly participate in or condone activities of others based upon such prejudices.

Making the misuse of Counsellor’s Work

If counsellors learn about misuse or misrepresentation of their work, they need to take reasonable steps to correct or minimize the misuse or misrepresentation.

Conflicts that arise between Ethics and Law, Regulations, or Other Governing Legal Authority

If counsellor’s ethical responsibilities conflict with law, regulations, or other governing legal authority, Counsellors clarify the nature of the conflict, make known their commitment to the Code of ethics, and take reasonable steps to resolve the conflict consistent with the General Principles and Ethical Standards of the Code of ethics. Under no circumstances may this standard be used to justify or defend violating human rights.

Conflicts Between Ethics and Organizational Demands

If the demands of an organization with which Counsellors are affiliated or for whom they are working are in conflict with this Code of ethics, Counsellors clarify the nature of the conflict, make known their commitment to the Code of ethics, and take reasonable steps to resolve the conflict consistent with the General Principles and Ethical Standards of the Code of ethics. Under no circumstances may this standard be used to justify or defend violating human rights.

Informal Resolution of Ethical Violations

When Counsellors believe that there may have been an ethical violation by another Counsellors, they attempt to resolve the issue by bringing it to the attention of that individual, if an informal resolution appears appropriate and the intervention does not violate any confidentiality rights that may be involved.

Reporting Ethical Violations

If an apparent ethical violation has immensely harmed or is likely to substantially harm a person or organization and is not appropriate for informal resolution under Standard Informal relations and ethical violations, or is not resolved properly in that fashion, Counsellors take further action appropriate to the situation.

Such action might include referral to state or national committees on professional ethics, to state licensing boards, or to the appropriate institutional authorities. This standard does not apply when an intervention would violate confidentiality rights or when Counsellors have been retained to review the work of another Counsellors whose professional conduct is in question.

Cooperating with Ethics Committees

Counsellors co-operate in ethics investigations, proceedings. In doing so, they address any confidentiality issues. Failure to cooperate is itself an ethics violation. However, making a request for deferment of adjudication of an ethics complaint pending the outcome of litigation does not alone constitute non-cooperation.

Inappropriate Complaints

Counsellors do not file or encourage the filing of ethics complaints that are made with reckless disregard for or wilful ignorance of facts that would disprove the allegation.

Unfair Discrimination Against Complainants and Respondents

Counsellors do not deny persons employment, advancement, admissions to academic or other programs, tenure, or promotion, based solely upon their having made or their being the subject of an ethics complaint. This does not preclude taking action based upon the outcome of such proceedings or considering other appropriate information.

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Rights of Person Who Seeks the Counselling – Dimensions of Confidentiality

Respecting person who seeks the counselling’ confidentiality and confidentiality are fundamental requirements for keeping trust and respecting patient autonomy. The professional management of confidentiality concerns the protection of personally identifiable and sensitive information from unauthorised disclosure. Disclosure may be authorised by patient consent or the law. Any disclosures of patient confidences should be undertaken in ways that best protect the patient’s trust and respect patient autonomy.

Communications made on the basis of patient consent do not constitute a breach of confidentiality. Patient consent is the ethically preferred way of resolving any dilemmas over confidentiality.

Exceptional circumstances may prevent the counsellor from seeking patient consent to a breach of confidence due to the urgency and seriousness of the situation, for example, preventing the patient causing serious harm to self or others. In such circumstances the counsellor has an ethical responsibility to act in ways which balance the patient’s right to confidentiality against the need to communicate with others. Counsellors should expect to be ethically accountable for any breach of confidentiality.

Confidentiality

It is the patient’s ethical duty to protect private patient communication. Confidentiality is a complicated concept because of its exceptions and because it effects both legal and ethical situations. In most situations, the counsellor is expected to maintain confidentiality. Counsellors should always try to maintain confidentiality because it will affect the relationship the patient has with the counsellor.

The counsellor should let the patient know prior to beginning therapy when confidentiality has to be broken and that this will not happen unless absolutely necessary. The counsellor should always get this consent from the patient in writing. The counsellor should breach confidentiality in cases where the patient is a threat of danger to themselves or others, property, or suspected child abuse. In cases where the counsellor is not covered by privileged communication, as in school counselling, the counsellor may have to testify in court and produce records.

Counsellors need approval from person who seeks the counselling in cases where interns are being supervised or where a counsellor is consulting with another counsellor. An intern should not use a patient name and should protect the patient anonymity in any way they can. The patient can share confidential information at any time. Breaching confidentiality in the absence of an exception could result in ethical and legal sanctions, including loss of license, certifications, and a possible malpractice suit.

Counsellors have a primary obligation and take reasonable precautions to protect confidential information obtained through or stored in any medium, recognizing that the extent and limits of confidentiality may be regulated by law or established by institutional rules or professional or scientific relationship.

Discussing the Limits of Confidentiality:

• Counsellors discuss with persons (including, to the extent feasible, persons who are legally incapable of giving informed consent and their legal
  
  
  • the relevant limits of confidentiality and
  • the foreseeable uses of the information generated through their psychological activities.
    
    
• Unless it is not feasible or is contraindicated, the discussion of confidentiality occurs at the outset of the relationship and thereafter as new circumstances may warrant.
  
  
• Counsellors who offer services, products, or information via electronic transmission inform person who seeks the counselling/ patients of the risks to confidentiality and limits of confidentiality.

Recording

Before recording the voices or images of individuals to whom they provide services, Counsellors obtain permission from all such persons or their legal representatives.

Minimizing Intrusions on Confidentiality:

• Counsellors include in written and oral reports and consultations, only information germane to the purpose for which the communication is made.
  
  
• Counsellors discuss confidential information obtained in their work only for appropriate scientific or professional purposes and only with persons clearly concerned with such matters.

Disclosures

• Counsellors may disclose confidential information with the appropriate consent of the organizational patient, the individual patient/patient, or another legally authorized person on behalf of the patient/patient unless prohibited by law.
  
  
• Counsellors disclose confidential information without the consent of the individual only as mandated by law, or where permitted by law for a valid purpose such as to
  
  
  • provide needed professional services;
  • obtain appropriate professional consultations;
  • protect the patient/patient, Counsellors, or others from harm; or
  • obtain payment for services from a patient/patient, in which instance disclosure is limited to the minimum that is necessary to achieve the purpose.

Consultations

When consulting with colleagues,

• Counsellors do not disclose confidential information that reasonably could lead to the identification of a patient/patient, research participant, or other person or organization with whom they have a confidential relationship unless they have obtained the prior consent of the person or organization or the disclosure cannot be avoided, and
  
  
• they disclose information only to the extent necessary to achieve the purposes of the consultation.

Use of Confidential Information for Didactic or Other Purposes: Counsellors do not disclose in their writings, lectures, or other public media, confidential, personally identifiable information concerning their person who seeks the counselling/patients, students, research participants, organizational person who seeks the counselling, or other recipients of their services that they obtained during the course of their work, unless

• they take reasonable steps to disguise the person or organization,
• the person or organization has consented in writing, or
• there is legal authentication for doing so.

A licensed counsellor has many legal issues to consider. Breaching confidentiality becomes necessary when the counsellor has a duty to warn or an ethical duty to protect the patient and others from harm. The counsellor must take measures to protect the patient or anyone they may put in danger. This breach of confidentiality is allowed, in order to inform family members, persons threatened, or the authorities when a person puts themselves or others in danger.

It also may be necessary to have the person hospitalized or involuntarily committed when they may harm themselves. It is important that the counsellor evaluate the situation accurately. Counsellors are responsible for notifying potential victims of violence to others or their property.

Over reacting may do damage to the patient, and at the least cause damage to the relationship between counsellor and patient. The counsellor could face a malpractice suit for breaching confidentiality if it was not necessary for people’s safety. Failure to report when the counsellor should may also result in lawsuits and legal consequences.

Reporting Child Abuse

In addition to duty to warn, counsellors have a mandated responsibility to report cases of suspected abuse or neglect to a government agency. Confidentiality is overridden by the need to protect the child. Although all states have statutes regarding the duty to report, the statutes may differ, so it is the responsibility of the counsellor to find out what their state requires.

Mandatory abuse reporting laws have protective clauses that protect counsellors who report suspected abuse in good faith, or who believes it occurred. The laws also vary by state regarding the duty to report past abuses that are no longer happening.

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Fidelity: It Means Honouring the Trust Placed in the Counsellor

• Counsellors have a responsibility to protect person who seeks the counselling when they have good reason for believing that other Counsellors are placing them at risk of harm.
  
  
• They should raise their concerns with the counsellor concerned in the first instance, unless it is inappropriate to do so. If the matter cannot be resolved, they should review the grounds for their concern and the evidence available to them and, when appropriate, raise their concerns with the counsellor’s manager, agency or professional body.
  
  
• If they are uncertain what to do, their concerns should be discussed with an experienced colleague, a supervisor or raised with this Association.
  
  
• All members of this Association share a responsibility to take part in its professional conduct procedures whether as the person complained against or as the provider of relevant information.
  
  
• The practice of counselling and Psychological counselling depends on gaining and honouring the trust of person who seeks the counselling. Keeping trust requires:
  
  
  • attentiveness to the quality of listening and respect offered to person who seeks the counselling
    
    
  • culturally appropriate ways of communicating that are courteous and clear
    
    
  • respect for confidentiality and dignity
    
    
  • careful attention to patient consent and confidentiality
    
    
• Person who seeks the counselling should be adequately informed about the nature of the services being offered. Counsellors should obtain adequately informed consent from their person who seeks the counselling and respect a patient’s right to choose whether to continue or withdraw.
  
  
• Counsellors should ensure that services are normally delivered on the basis of the patient’s explicit consent. Reliance on implicit consent is more vulnerable to misunderstandings and is best avoided unless there are sound reasons for doing so.
  
  
  Overriding a patient’s known wishes or consent is a serious matter that requires adequate and reasoned justification. Counsellors should be prepared to be readily accountable to person who seeks the counselling, colleagues and this Association if they override a patient’s known wishes.
  
  
• Situations in which person who seeks the counselling pose a risk of causing serious harm to themselves or others are particularly challenging for the counsellor. These are situations in which the counsellor should be alert to the possibility of conflicting responsibilities between those concerning their patient, other people who may be significantly affected, and society generally.
  
  
  Resolving conflicting responsibilities may require due consideration of the context in which the service is being provided. Consultation with a supervisor or experienced counsellor is strongly recommended, whenever this would not cause undue delay. In all cases, the aim should be to ensure for the patient a good quality of care that is as respectful of the patient’s capacity for self-determination and their trust as circumstances permit.
  
  
• Working with young people requires specific ethical awareness and competence. The counsellor is required to consider and assess the balance between young people’s dependence on adults and carers and their progressive development towards acting independently.
  
  
  Working with children and young people requires careful consideration of issues concerning their capacity to give consent to receiving any service independently of someone with parental responsibilities and the management of confidences disclosed by person who seeks the counselling.
  
  
• Counsellors should normally be willing to respond to their patient’s requests for information about the way that they are working and any assessment that they may have made. This professional requirement may not apply if it is considered that imparting this information would be detrimental to the patient or inconsistent with the counselling or psychotherapeutic approach previously agreed with the patient. Person who seeks the counselling may have legal rights to this information and these need to be taken into account.
  
  
• Counsellors must not abuse their patient’s trust in order to gain sexual, emotional, financial or any other kind of personal advantage. Sexual relations with person who seeks the counselling are prohibited.
  
  
  ‘Sexual relations’ include intercourse, any other type of sexual activity or sexualised behaviour. Counsellors should think carefully about, and exercise considerable caution before, entering into personal or business relationships with former person who seeks the counselling and should expect to be professionally accountable if the relationship becomes detrimental to the patient or the standing of the profession.
  
  
• Counsellors should not allow their professional relationships with person who seeks the counselling to be prejudiced by any personal views they may hold about lifestyle, gender, age, disability, race, sexual orientation, beliefs or culture.
  
  
• Counsellors should be clear about any commitment to be available to person who seeks the counselling and colleagues and honour these commitments.

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