Code of Ethics: Malpractice and Relevance
According to Black's Law Dictionary, malpractice is "professional misconduct or unreasonable lack of skill. Failure of one rendering professional services to exercise that degree of skill or learning commonly applied under all the circumstances in the community by the average prudent, reputable member of the profession with the result of injury, loss or damage to the recipient of those services" (p. 959).
A code of ethics or conduct can help professional counselors avoid unintentionally committing breaches of trust, therapeutic relationship or other actions that are violative of the patient-counselor relationship that can be construed as malpractice.
Information on religious group's policies on confidentiality and dual relationships.
According to Audette (1988), in the Catholic Church, for example:
"The therapeutic ethic relies largely on a contract model of a professional-client relationship: confidentiality is based on the dual needs of respecting the individual and preserving the disclosure of information could be helpful to the welfare of the community but may also be contrary to the wishes of the individual who gave the information" (p. 83).
State's law on clergy confidentiality.
In general, Audette (1998) reports that:
1. State laws concerning clergy confidentiality involve "only what is admissible in a court of law. They are designed to determine immunities from testifying in court. Disclosures made privately indicate an intent that such communications be kept confidential and may be immune from disclosure in a…
