Deck 12: How Do Counselors Make Legal Ethical Decisions

Question 1

According to both ACA and ASCA, the counselor's primary ethical responsibility is _____

A) To ensure that all counselors are licensed or certified
B) To use only those tests or assessments for which they are qualified
C) To respect the dignity and welfare of clients and students
D) To stay out of trouble by precisely and concretely following all the ethical codes

Answer 1

To respect the dignity and welfare of clients and students

Question 2

The purpose(s) of ethical standards in counseling is/are _____

A) To protect clients and consumers of counseling
B) To protect members of the counseling profession
C) To limit government interference in the regulation of the profession
D) All of the above

Answer 2

All of the above

Question 3

A proactive approach to attempting to behave in the highest ethical manner is called _____

A) Personal values
B) Aspirational ethics
C) Mandated ethics
D) Autonomous ethics

Answer 3

Aspirational ethics

Question 4

Which of the following statements is/are true about the role of personal values in professional ethics _____

A) Personal values or morals supersede professional ethics
B) The most important thing a counselor can do is to be "values-free" in his/her counseling
C) Professional ethics must be upheld, regardless of the personal values and beliefs of the counselor
D) All of the above

Question 5

The three main limits to confidentiality for counselors include all of the following except _____

A) Danger to self
B) Medicaid fraud
C) Danger to others
D) Child abuse

Question 6

Fostering client dependency on the counselor _____

A) Is appropriate, because the client must depend on the counselor to get better
B) Is appropriate, because dependency on the counselor is better than dependency on others in the client's life
C) Is inappropriate, because counselors should help empower their clients to make their own choices
D) Is inappropriate, because it is not culturally appropriate for clients

Question 7

Dual relationships in counseling _____

A) Are inappropriate if they exploit the client financially, sexually, or personally
B) Can affect the counselor's ability to be objective
C) Can result in power from the counseling relationship being transferred to the non-therapeutic relationship
D) All of the above

Question 8

Counselors know that sexual relationships with clients are specifically forbidden by the ethical codes of the profession. Which of the following statements is/are true about sexual relationships between therapists and clients? _____

A) More than 90% of therapists admit to a sexual attraction to at least one of their clients
B) Most therapists report that they have received training in how to deal with their sexual attractions to clients
C) Although sexual relationships between therapists and clients are forbidden, research shows that most clients suffer no long-term consequences from such relationships
D) All of the above

Question 9

The law that prohibits discrimination based on disability and requires reasonable accommodations is _____

A) The Civil Rights of 1964
B) The Americans with Disabilities Act of 1990
C) No Child Left Behind Act of 2002
D) Title IX

Question 10

If a counselor suspects a colleague of an ethical violation, the first step is typically _____

A) Call the state licensure board and request the license of the offending counselor be revoked
B) Call the counselor's clients to verify the ethical violation and see if the clients were harmed
C) Call the police and report the violation
D) Speak to the colleague directly to see if s/he is aware of the violation and willing to correct it

Question 11

Standards of practice for the counseling profession are enforced through all of the following EXCEPT _____

A) ACA or ASCA Professional Ethics Committees
B) State Licensure Boards or Departments of Education
C) Chi Sigma Iota
D) Civil or criminal courts

Question 12

Which of the following statements is/are true_____

A) State Licensure Boards can only reprimand those who hold licensure in the state
B) State Counseling Associations can revoke licenses of counselors who engage in ethical violations
C) Civil or Criminal Court proceedings only apply to counselors who hold licensure or certification in the state
D) All of the above

Question 13

In order to give informed consent, a client must have all of the following EXCEPT _____

A) Capacity
B) Comprehension
C) Appropriate Goals
D) Voluntariness

Question 14

The ethical principle that states that clients have a right to make their own decisions is called _____

A) Autonomy
B) Beneficence
C) Fidelity
D) Justice

Question 15

Counselors can help limit their legal involvement regarding counselor competency if they _____

A) Use the term "therapist" instead of "counselor"
B) Call what they do "coaching" instead of "counseling"
C) Operate within their scope of practice
D) All of the above

Question 16

Which of the following statements is true about counselors and the Health Insurance Portability and Accountability Act (HIPAA)? _____

A) Counselors must abide by all HIPAA regulations
B) Counselors engage in privileged communication with their clients. Therefore, HIPAA regulations do not apply
C) HIPAA applies only to counselors who work in private practice
D) HIPAA requires security of hard copies of information only. Therefore, most counselors use electronic records as a method to bypass HIPAA regulations

Question 17

According to FERPA (Family Educational Rights and Privacy Act), school counselors _____

A) Must provide parents access to their child's records
B) Cannot provide information from a student's educational record to others
C) Can share student's information with third parties only in emergency situations
D) All of the above

Question 18

Which of the following statements is/are part of the ethical standards regarding professional responsibility? _____

A) Counselors must always follow the rules of their school or agency
B) Counselor who supervise beginning counselors should remember that their primary responsibility is always to the counselor trainee
C) Counselors do not allow their own personal problems to interfere with their counseling
D) All of the above

Question 19

When it comes to the role of ethics and law, _____

A) Ethical codes are the final authority on counselor behaviors, since they are developed by the profession, and the profession has the most insight into what is best
B) Some decisions a counselor might make are legally permissible, but ethically unsound
C) When there is disagreement between ethical and legal mandates, the counselor should follow the path that most closely aligns with his/her own values and beliefs
D) Counselors should not consult with attorneys, since doing so is an admission of guilt

Question 20

The primary purpose of professional ethics is to protect clients and consumers of counseling.

Question 21

Counselors should be "values-free" in their counseling, as this is what is best for their clients.

Question 22

A state law that determines who can use the term "counselor" or "professional counselor" in the state is an example of a title act.

Question 23

Counseling students have the same ethical obligations to their clients as those required of professional counselors.

Question 24

Malpractice is an ethical term, and the standard penalty for malpractice is removal from the counseling association.

Question 25

The legal principle of "duty to warn" is an outgrowth of the Buckley Amendment (also called FERPA).

Question 26

Discuss the concept of "values-aware" counseling. How can this approach help counselors do what is in the best interest of their clients?

Question 27

Why are dual relationships an ethical concern in counseling? How can counselors make sure that such relationships do not harm their clients?

Question 28

Name and describe at least three different ways that legal or ethical mandates in counseling are enforced.

Question 29

Compare and contrast the arguments of those who believe that counselors have an ethical mandate to work with all clients with those who believe that counselors do not have to work with clients whose behaviors they do not condone.

Question 30

In a situation where a counselor is trying to decide the best ethical decision where no clear guidance exists from ethical codes or the law, how do each of the concepts of autonomy, nonmaleficence, beneficence, justice, and fidelity help clarify the decision?