Legal and Ethical Implications of Counseling Practice

Introduction

Although counselors work in a wide range of treatment settings — including healthcare institutions, organizations of all types and sizes in both the private and public sectors, and even academia — they share certain commonalities when it comes to the legal and ethical implications of the counseling services they provide. The problems that individuals present with for counseling services range the entire gamut of the human condition, but no matter what issues are involved, it is important for counselors in any treatment venue to recognize the legal and ethical implications associated with the services they provide. To this end, this paper reviews relevant peer-reviewed and scholarly literature concerning the legal and ethical implications of counseling, identifies some of the more important issues involved, and provides a summary of the research in the conclusion.

Ethical Implications of Counseling Practice

In the delivery of professional counseling services, many of the identical functions of the counselor may have both legal and ethical implications. However, while something may be legal, it may not be ethical, and vice versa — as in the case of treating patients who present with suicidal ideation (Francis, 2003). For discussion purposes, these issues are reviewed separately below.

Whatever their treatment venue and area of specialization, counselors of all types are obligated to deliver their services in a manner congruent with the ethical codes and standards established by their respective professions (Pack-Brown, Thomas & Seymour, 2008). In any analysis of the ethical implications involved in counseling, it is essential to determine the various ways in which ethical practice has been defined and the impact that cultural factors have on the development of codes of ethics for counseling professionals (Pack-Brown et al., 2008). According to Pack-Brown and her colleagues, "Although some persons define ethics from a theoretical and moral stance, others emphasize the practical, professional meaning of the term. Philosophical ethics relates to theoretical and moral consideration of what is thought to be 'good,' 'right,' or 'worthy' actions in different situations" (2008, p. 296). The term "professional ethics," when applied to the counseling profession, is typically used to refer to a group of rules, principles, and standards that have widespread acceptance and that are used to define appropriate conduct and acceptable practices (Pack-Brown et al., 2008).

Generally, such ethical codes also contain the core values of the area of specialization involved. For instance, the ethical codes of the American Psychological Association, the American Counseling Association, and the National Association of Social Workers all contain guiding standards for ethical professional practices intended to reflect the core values of the professions involved (Pack-Brown et al., 2008). According to these authors, "These ethical values and pragmatic standards highlight the importance of operating in ways that respect the dignity and worth of the persons served by counselors, psychologists, and social workers" (Pack-Brown et al., p. 297). As an example, Pack-Brown and her associates cite the preamble to the ethical code of the American Counseling Association, which states that it is the ethical responsibility of members to seek to:

1. Enhance human growth;
2. Recognize and respect the diversity of their clients; and,
3. Embrace culturally appropriate strategies that honor the dignity and uniqueness of the persons they serve.

Likewise, the American Psychological Association's code of ethical conduct emphasizes the need for its members to:

1. Be impartial and just when providing psychological services to persons in diverse groups;
2. Allow all persons equal access to available services; and,
3. Ensure that personal biases, boundaries of competence, and limitations of expertise do not result in unfair or improper professional practices (Pack-Brown et al., 2008, p. 297).