Term
| What are your duties when consulting with a lawyer regarding legal decisions? |
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Definition
- make every effort to fully explain a situation to your legal advisors and educate them on the counseling process/profession
- listen to your lawyer and do what s/he says
- avoid getting emotionally involved in your clients' lawsuit |
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Term
| If your lawyer gives you inaccurate legal advice, who is at fault? |
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Definition
| The lawyer, you can sue your lawyer if you are harmed as a result of relying on their incorrect advice |
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Term
| Who shld you consult regarding ethical questions? |
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Definition
| fellow counselors, an attorney cannot advise you about an ethical dilemma |
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Term
| Who should you consult regarding legal questions? |
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Definition
| lawyer, fellow counselors/peers cannot give legal advice |
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Term
| If another counselor gives you bad advice about an ethical question and you take it, who is at fault? |
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Definition
| You are - people can give you advice about ethical decision making, but only you can decide to take or not to take the advice |
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Term
| What are the top two most common ethical complaints received by state boards? |
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Definition
#1: dual relationships
#2: incompetence |
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Term
| What should you do to seek personal support if you are accused of illegal or unethical behavior? |
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Definition
express your emotions regarding the accusation to a clinical supervisor, family members or your personal counselor
Avoid giving others specific facts about the situation |
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Term
| What should you do if you are accused of unethical or illegal behavior? |
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Definition
| REport the accusation to your immediate supervisor (ask your supervisor to keep the information confidential) and your professional liability insurance carrier |
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Term
| How should you respond if you receive an informal complaint? |
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Definition
Take the concern seriously
make yourself available to meet and discuss the concern
List and respond genuinely/nondefensively
take responsibility for your error if you have made one |
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Term
| What is the process for state licensure boards who have rec'd a complaint about a counselor |
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Definition
1. determine jurisdiction
2. det if the counselor may have violated the code of ethics
3. investigate teh complaint
4. if violation is found, informal negotiations btw board and accused counselor
- if informal negotiations are unsuccessful, a hearing is held
- if the counselor is found guilty, sanctions may be imposed |
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Term
| If a client or colleague has filed a formal complaint against you, should you attempt to contact them? |
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Definition
| No- cld be interpreted as an attempt to coerce or influence the person filing the complaint |
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Term
| What is your responsibility if you suspect a colleague is acting unethically? |
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Definition
It is our responsibility to society and our profession to address in an approp manner the behavior of other mental health professional that appears to be unethical
"When counselors possess knowledge that raises doubts as to whether another counselor is acting in an ethical manner they take approp. action" |
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Term
| What constitutes "knowledge" of a colleague acting unethically? |
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Definition
| must have direct knowledge of unethical behavior of the colleague |
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Term
| What constitutes "appropriate action" when responding to unethical behavior of a colleague? |
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Definition
attempt to resolve the issue with the other counselor informally first
consult with colleagues
if someone has been substantially harmed or is being substantially harmed by the behavior and your consultants agree you must take action possibly including filing a formal complaint with the state or national boards of the profession |
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Term
| What is your duty re: unwarranted complaints? |
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Definition
| Counselors should not initiate or participate in filing ethics complaints that are made with reckless disregard or willful ignorance of the facts |
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Term
| What does the ACA code of ethics say about discriminating against those who have been complained about or those who have filed the report? |
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Definition
Counselors should not be discriminated against when they have had an ethical complaint filed against them
Guard counselors from being discriminated against bc they have filed complaints about other counselors |
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Term
| Must indls report illegal activities if they know about them? |
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Definition
| There are no laws that saw you must report illegal activity |
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Term
| What is the responsibility of a counselor to report illegal activity? |
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Definition
A counselor may, but does not have to report illegal activities
however, if questioned by police they must answer truthfully and cannot assist indls who have broken the law |
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Term
| What basic guidelines should all counselors follow to avoid legal and ethical problems? |
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Definition
- counsel within your area of competence
- do not sue clients for unpaid fees
- thorough disclosure statement
- never guarantee outcomes
- est prof boundaries
- take advantage of supervision
- stay connected w/ other professionals
- monitor your self-disclosures
- document difficult situations carefully
- keep current with laws and ethical codes
- when in doubt, consult
- constantly monitor your own effectiveness as a counselor |
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Term
| What are the keys to professional behavior according to Taylor? |
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Definition
authentic caring
willingness to examine own motivations
willingness to tell the truth to ourselves and others
willingness to ask for help/cont to learn |
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Term
| What are the most impt elements of sound practice? |
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Definition
taking responsibility for one's actions
keeping client welfare foremost |
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