Law, Ethics, and Counseling: Key Issues and Distinctions

Introduction: Law and Ethics in Counseling

In practice, ethics entails grasping and incorporating the principles and standards of specific professional organizations. Ethical codes for professionals in the mental healthcare field aim to outline the responsibility and professional conduct expected of them (Jennings, Sovereign, Bottorff, Mussell, & Vye, 2005). Graduate students must establish their understanding of ethics theory and apply it in practice before entering professional life. As stated by Laureate Education (2010), modern practice involves applying conventional theoretical models to therapeutic processes involving clients. Moreover, it is responsible for uniting mental healthcare professions, as every profession adopts identical conventional approaches or procedures for guiding practice. The inverse is represented by post-modern practice.

Legal practice standards and ethical standards are different. Generally, legal standards relate to standard professional practices within a particular professional community, whereas ethical standards are often idealistic in nature. The following aspects are included under legal standards:

Statutory law: This represents numerous federal, Congressional, and state legislature-enacted laws. These encompass, among others, statutes that govern the obligation of social workers to report any suspected case of neglect and abuse of vulnerable groups such as children and elderly people; statutes that govern minor children's right to consent to alcohol and drug abuse therapy and mental health-related counseling; and federal HIPAA (Health Insurance Portability and Accountability Act) laws.

Regulatory law: Numerous regulations issued by state and federal agencies — such as the Department of Health and Human Services (HHS), mental healthcare agencies, state-level human service agencies, and child welfare agencies — govern practice. Under the U.S. legal system, state and federal agencies are authorized to establish enforceable regulations. While creating regulations, public agencies must abide by strict procedures, such as offering public notice and allowing the public to comment on draft regulations.

Case law: Courts create several social work-related stipulations in the course of judicial rulings and litigation.

Constitutional law: State constitutions and the national Constitution of the United States cover several provisions pertaining to practice. Such provisions relate to citizens' rights of privacy, protections against illegal seizure and search (which are crucial in the context of residential treatment initiatives), and protections against cruel and unusual punishment (crucial in adult as well as juvenile correctional facilities), among others.

Executive orders: Chief executives of local, federal, and state governments — such as county executives, mayors, governors, or the President — may issue orders resembling regulations. Such authority is often grounded in state and federal statute; for example, a governor's executive order may require state-financed agencies to withhold human and health services from undocumented immigrants (Reamer, 2008).

References

ACA. (2005). 2005 ACA code of ethics [White Paper]. Retrieved from American Counseling Association:

Center for Substance Abuse Treatment. (2000). Chapter 4 — Therapeutic issues for counselors. In Treatment Improvement Protocol (TIP). Rockville, MD: Substance Abuse and Mental Health Services Administration (U.S.).

Diaz, A., Neal, W. P., Nucci, A. T., Ludmer, P., Bitterman, J., & Edwards, S. (2004). Legal and ethical issues facing adolescent health care professionals. Mount Sinai Journal of Medicine, 71(3), 181–185.

Dolgoff, R., Loewenberg, F. M., & Harrington, D. (2009). Ethical decisions for social work practice (8th ed.). Belmont, CA: Thomson.

Jennings, L., Sovereign, A., Bottorff, N., Mussell, M., & Vye, C. (2005). Nine ethical values of master therapists. Journal of Mental Health Counseling, 27(1), 32–47.

Greenlee, D., & Ryan, J. M. (n.d.). The multicultural competence ethic: Challenging the "privilege" of cultural encapsulation. Retrieved February 27, 2016, from Minnesota Association of Resources for Recovery and Chemical Health: http://www.marrch.org/?page=Multicultural_Compet

Hall, K. H. (2001). Sexualization of the doctor-patient relationship: Is it ever ethically permissible? Oxford Journals.

Health Psychology Consultancy. (2011, November 14). Counselling: When to refer clients. Retrieved February 27, 2016, from https://healthpsychologyconsultancy.wordpress.com/2011/11/14/counselling-when-to-refer-clients/

Herlihy, B., & Corey, G. (2006). ACA ethical standards casebook (6th ed.). Alexandria, VA: American Counseling Association.

Huey, W. C., & Remley, T. P. (1990). Ethical and legal issues in school counseling. Highlights: An ERIC/CAPS Digest. Retrieved from ERIC Clearinghouse on Counseling and Personnel Services: http://www.ericdigests.org/pre-9214/legal.htm

Kendra, C. (2015, October 1). What is duty to warn? Retrieved February 27, 2016, from

Laureate Education. (2010). Counseling and psychotherapy theories [DVD]. Retrieved from Laureate Education Counseling and Psychotherapy Theories website.

Lawrence, G., & Kurpius, S. E. (2000). Legal and ethical issues involved when counseling minors in nonschool settings. Journal of Counseling & Development, 78(2), 130–136.

Reamer, F. G. (2008, September/October). When ethics and the law collide. Social Work Today, 8(5). Retrieved from Social Work Today.