Counseling and the Ethical Rules

¶ … ethical and legal guidelines for those in the counseling field are in place to assure that those practicing counseling set high standards. This paper covers several of the important ethical principles that are demanded of counselors -- and covers the CPT Codes related to invoices sent to insurance companies.

It is fundamental to any discussion of ethics in counseling that those leading groups are indeed qualified to be in that position. Just as it is not ethical for a dentist to practice when not fully trained or prepared, is it not ethical "…to practice any kind of counseling without proper preparation" (Jacobs, et al., 2011). An advanced degree from a college or university does not "make one qualified to lead groups," Jacobs continues (28). A group leader has the "ethical responsibility" to fully understand "group dynamics, group process, group leadership skills, and group development" (Jacobs, 28). If the counseling group is working on eating disorders, for example, or panic attacks or even anger issues, the group leader has to have a deep understanding of those issues and not merely be a trained counselor per se, Jacobs asserts (29).

Dual relationship in counseling: in the Code of Ethics of the American Counseling Association (ACA), a "dual relationship" is any relationship that exists beyond or outside the actual therapeutic relationship that has been established. Jacobs believes that these relationships "can be very beneficial" to clients or to group members, and if the relationship involves some socializing, that is not a problem so long as the counselor / therapist is aware of -- and able to avoid -- "potential problems" (having a sexual or romantic relationship is illegal and unethical) (Jacobs, 29).

Confidentiality in counseling: It is highly unethical for the therapist to give out information to "anyone about any member of the group," with the exception of a case where a client is "threatening harm to himself or others," or when a child or adolescent is a client (Jacob, 30).

Duty to warn in counseling: a counselor has a duty to warn third parties if a client is threatening to inflict personal harm or to cause harm to others. This is one of the exceptions mentioned in the confidentiality passage of this paper (ACA).

Informed consent in counseling: the duty of the therapist is to fully inform the client of the "potential risks" and the cost of the procedure that the client is about to go through. The nature of the treatment and possible alternatives to the treatment must be explained to the client before the therapy begins (ACA).

Privileged communication in counseling: this relates to very private statements between the therapist and the client, and this communication cannot be used in court because it is basically sacrosanct. Some conversations between the client and the therapist are so personal and private -- and deal with the deeper psychological problems the client is suffering from -- and those must remain privileged.

Sexual encounters with clients: The ACA guidelines state that it is not only unethical for a therapist to engage in a sexual relationship with the client, it is also unethical and morally repugnant for a therapist to have a romantic or sexual relationship with client's partners, or family members of the client, or with former clients.

Scope of practices in counseling: every counselor and therapist has (or should have) personal competency within the scope of practice that he has a license for. The education and training needed for the scope of practice the therapist is engaged in is determined by the Administrative Code of the ACA. And counselors are not to practice in areas where they do not have education, training and experience.

Defamation of client in counseling: counselors must avoid in any way harming their clients, including making statements that would be considered demeaning or injurious to the client's reputation. This includes statements written or presented orally that defame the character of the client, the client's family or partner. Critical, unfair descriptions of actions by a client's family, for example, can be considered defamation of character (ACA).

Accepting gifts from clients in counseling: The ACA notes that in some cases, a small gift as a token is not prohibited because some cultures give small gifts as a token "of respect and gratitude"; however, receiving a substantial gift carries with it risk of being unethical. The therapist must take into consideration why the gift was given, what the value of the gift is, and the therapist does not have to accept a give if he or she believes it was presented in a way that is unethical.