Ethical Counseling: Legal Issues and Decision-Making in Practice

Introduction to Legal and Ethical Issues in Counseling

Ethics is the branch of philosophy concerned with systematizing, defending, and recommending ideas about what is right and what is wrong. Because ethics deals with the norms of human conduct and behavior, it is also considered a normative science (Boylan, 2000). An individual's conception of right or wrong behavior, and the consequent identification of actions as moral or immoral, falls within this domain (Boylan, 2000).

In the case at hand, this definition of ethics applies directly, as there is a clear dilemma between doing what is right and doing otherwise. Bobby can be accused of acting unethically and, in some instances, illegally on several occasions. It is both legally permissible and ethically acceptable for Bobby not to have disclosed his HIV-positive status to anyone other than his counselor. He is not legally required to disclose his HIV status and may do so at his own discretion, as long as his silence does not cause harm to others.

However, given prevailing societal norms that treat alcoholism and drug use as unethical, Bobby has violated this norm on at least two occasions: once in his twenties and again at the present time. He had abstained from drugs and alcohol for fifteen years, and his return to these habits was therefore an ethical lapse, especially given the length of his prior sobriety.

Additionally, Bobby had been consuming alcohol and smoking marijuana for over a month without disclosing this to his counselor. This omission is ethically problematic because the counselor relies on Bobby's honest self-reporting to guide the counseling process. A further ethical — and potentially legal — issue is his drinking at work. Bobby is employed to care for adolescent boys, and consuming alcohol while on duty is both unethical and illegal in this professional context.

Perhaps the most serious ethical issue is Bobby's failure to disclose his HIV-positive status to his girlfriend, with whom he expects to become sexually active. HIV can be transmitted through unprotected sex, and his girlfriend has an ethical right to be informed before making decisions about sexual activity. Bobby's decision to tell her "when the time is right" is highly unethical, as it suppresses information about a dangerous communicable disease (Leong, 2008).

Regarding legality, Bobby can be identified as having broken the law on at least two occasions. The first was his drug use in his twenties. Consumption and distribution of controlled substances are illegal in virtually all jurisdictions. His more recent use of marijuana is similarly prohibited under federal law, and anyone found in possession of or distributing it faces potential fines or imprisonment ("Controlled Substances Act," 2016).

Applying the Seven-Stage Ethical Decision-Making Model

The ethical issues identified above are now examined using the seven-stage ethical decision-making model proposed by Davis (1999) in Ethics and the University. The seven stages are as follows.

Stage 1 — State the problem. The ethical issues are presented here. In Bobby's case, these include his resumption of drug use, his failure to disclose this to his counselor, his drinking at work, and his decision not to tell his girlfriend about his HIV-positive status. Each of these issues is unethical and troublesome (Davis, 1999).

Stage 2 — Check the facts. Davis suggests that many problems change significantly, or even disappear, upon close examination. In Bobby's case, however, the problems and the sense of ethical discomfort persist even after scrutiny. The facts remain consistent across the multiple areas of concern.

Stage 3 — Identify relevant factors. In all four instances, Bobby's choices involve another individual and, in each case, he can be alleged to have acted unethically. On at least two occasions — smoking marijuana and drinking at work — his conduct was also illegal. He violated the professional code of ethical conduct by drinking at work, and there were no circumstances that made resuming alcohol or marijuana use acceptable. His anxiety appears to have increased after meeting his girlfriend, and he has also been troubled by childhood memories of abuse.

It is unclear whether he began drinking and smoking marijuana because of these emotional triggers or whether these events followed after he had already relapsed. Under the U.S. Controlled Substances Act, all states except Colorado have strong legislation against recreational marijuana use, though most states permit medicinal use. Since Bobby was using marijuana recreationally to manage stress — without medical supervision — he is at significant risk of legal liability, including fines or imprisonment ("Controlled Substances Act," 2016).

Stage 4 — Develop a list of options. Bobby's anxiety about his new girlfriend could easily have been shared with his counselor, who could have offered guidance. He could have avoided drinking at work and instead sought professional support. He should have disclosed his HIV-positive status to his girlfriend as soon as a sexual relationship became a possibility. He could also have visited a general practitioner to obtain medication for stress and anxiety (Leong, 2008).

Stage 5 — Test the options. Davis (1999) recommends several sub-tests:

Harm test: The options Bobby chose, rather than the available alternatives, cause harm to himself and have the potential to harm his girlfriend. His drinking at work puts the children in his care at risk. Regular alcohol use carries well-documented medical consequences, including liver and heart problems. Marijuana use poses risks to his neurological health. Beyond his own health, Bobby also risks transmitting HIV to his girlfriend if they engage in unprotected sex.

Publicity test: It is evident that Bobby would not have wanted his choices publicized — this is precisely why he did not disclose them to his counselor until he was discovered to have alcohol on his breath. He similarly would not want his HIV status made public.

Defensibility test: Bobby could not credibly defend his decision to resume drinking and smoking marijuana to any professional peer review body or ethics committee. He cannot offer an acceptable justification for drinking at work, particularly given his responsibility for the welfare of adolescent children. He might attempt to defend his nondisclosure of his HIV status on the grounds that it could have discouraged his girlfriend from pursuing the relationship, but this defense would be ethically inadequate.

Reversibility test: If Bobby were to face serious consequences — such as being dismissed for drinking at work, or arrested for marijuana possession — he would almost certainly reconsider his choices in hindsight.

Colleague test: Most colleagues or acquaintances, faced with the same circumstances, would not resort to alcohol and marijuana to manage stress, anxiety, or painful memories. Most would seek other forms of relief, such as taking leave from work, consulting a counselor, or obtaining medical support.

Professional test: The governing body or ethics committee of Bobby's profession would conclude that his choices were wrong and unethical (Davis, 1999).

Organizational test: The ethics committee of the organization employing Bobby as an overnight residential counselor for adolescent boys would almost certainly reprimand him and could recommend termination for violation of the professional code of ethics. His legal counsel would have advised him to avoid marijuana entirely, given its illegal status.

Stage 6 — Make a choice. Based on the discussions and tests above, it is clear that all the ethical and legal issues in this case involve conduct that was unethical. Bobby's choice to smoke marijuana was additionally illegal.

Stage 7 — Review Steps 1–6. Reviewing the circumstances in which Bobby made these choices, it is apparent that had he disclosed his problems to his counselor, he would likely have received guidance leading to better outcomes. However, the responsibility for disclosure rested with Bobby, and no one could have intervened effectively without his willingness to share what he was experiencing (Davis, 1999).

Conclusion

The ethical issues in Bobby's case illustrate how complex the intersection of law, professional conduct, and cultural background can be in a counseling context. Bobby's choices — resuming substance use, failing to disclose relevant information to his counselor, drinking at work, and not informing his girlfriend of his HIV status — each carry distinct ethical and legal dimensions. Applying Davis's seven-stage model clarifies the nature of these failures and the better alternatives available. At the same time, effective ethical counseling requires cultural self-awareness on the part of the counselor, so that personal biases do not distort professional judgment. Understanding both the ethical framework and the client's cultural context is essential to providing responsible, compassionate counseling.

References

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Controlled Substances Act. (2016). Fda.gov. Retrieved 9 June 2016, from

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