Deck 8: Malpractice and Resolving Legal and Ethical Challenges

Question 1

When local chapters, state branches, regions, and divisions of ACA receive ethical complaints against members, they refer the complaints to:

A) the supervisor of the counselor.
B) the American Psychological Association (APA) Ethics Committee.
C) the state licensing board.
D) a certification board.
E) the national ACA Ethics Committee.

Answer 1

A

Question 2

Counselors have a duty to warn intended victims of their clients in all states EXCEPT:

A) Kansas
B) Ohio
C) Arkansas
D) Texas
E) California

Answer 2

B

Question 3

The primary purpose of the ACA Code of Ethics is:

A) to allow counselors to guide their own behavior.
B) to address in an appropriate manner the behavior of other mental health professionals that appears to be unethical.
C) to set standards for ethics committees to use when complaints are filed.
D) to provide a means of punishing unethical counselors.
E) to prove to the public that counselors are professionals.

Answer 3

E

Question 4

When an ethical complaint is filed against a counselor and is pending an investigation, an employer may not:

A) complete their own investigation into the ethical complaint.
B) allow the counselor to continue to provide services.
C) deny a promotion solely based upon the filing of an ethical complaint.
D) allow the counselor to practice without supervision.
E) hire the counselor as a new employee.

Question 5

If you believe another counselor is behaving in an unethical manner, the first thing you should do is:

A) report the matter to the counselor's administrative supervisor.
B) discuss the matter with the counselor and attempt to get him or her to change the behavior.
C) file a complaint with the state licensure board.
D) file a complaint with the ACA Ethics Committee.
E) attempt to get another counselor to go with you to confront the counselor in question about their problematic behavior.

Question 6

With respect to a counselor's legal liability when a client commits suicide:

A) very few lawsuits are filed against counselors due to client suicide.
B) when lawsuits have been brought against counselors due to client suicide, the counselors usually have been found negligent.
C) the case of Eisel v. Board of Education established that school counselors cannot be held responsible for a student's suicide.
D) counselors are held to the legal standard that they must correctly assess suicide ris.
E) counselors should not document consultations regarding suicidal clients, because the documentation could later be used against them in a lawsuit.

Question 7

If a formal ethics complaint is filed against you, you should NOT:

A) respond fully and in writing to each of the charges made.
B) contact the client who filed the complaint to see if you can work things out.
C) consult with an attorney.
D) submit as much documentation as you can that will help the ethics committee in its deliberations.
E) contact your professional liability insurance carrier.

Question 8

It is impossible for counselors to understand all aspects of the law, but the best advice for counselors who face legal questions is to:

A) listen to their lawyer and do what the lawyer says.
B) educate themselves about the law and avoid lawyers.
C) obtain licensure to protect themselves.
D) purchase minimal professional liability insurance coverage.
E) avoid problems by always doing things in such a way that no one could ever complain.

Question 9

Most legal issues faced by counselors involve:

A) improper conduct complaints filed against them.
B) malpractice.
C) acting as a witness in litigation concerning other people.
D) law suits involving insurance fraud.
E) sexual relationships with clients.

Question 10

Counselors engage in many activities that could result in ethical complaints against them; however, they are still obligated to report:

A) cases of suspected child abuse.
B) clients who commit minor crimes.
C) child custody evaluators who are biased.
D) breaches of confidentiality by counseling group members.
E) directives from a supervisor that seem ill-advised.

Question 11

A counselor who is dealing with an angry client who is threatening to sue the counselor should:

A) respond directly to the person making the threat, if possible.
B) calm the person down, if possible, and listen to the concerns.
C) be careful and not admit to wrongdoing.
D) not say anything that they would not want repeated or would not want to repeat under oath at a later time.
E) all of the above.

Question 12

When you have an ethical question and you are having trouble making a decision, you should:

A) consult with colleagues.
B) take advice from an attorney.
C) ask the ethics committee of the state branch of ACA.
D) consult a licensing board.
E) avoid describing your decision-making process in your case notes.

Question 13

If you determine that another counselor is engaging in an illegal activity,

A) you must report the crime to the police.
B) you should immediately tell the counselor's administrative supervisor.
C) you should inform the counselor you are aware of the illegal activity and demand that the counselor refrain from such activity in the future.
D) you may decide to ignore the activity or take some kind of action, depending on the situation.
E) since you are not legally obligated to report crimes to the police, you should not get involved.

Question 14

To avoid accusations of unethical or illegal behavior, the authors suggested the following regarding counselor self-disclosure:

A) Counselors should avoid self-disclosure as it crosses professional boundaries.
B) Counselors may engage in self-disclosure as long as the disclosure benefits the client and not the counselor's personal needs.
C) Counselors should only self-disclose personal information that clients can find on the Internet.
D) Counselors should document all self-disclosures in clinical case notes.
E) Counselors should consult with supervisors and attorneys before making self-disclosures in sessions.