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Ethical Standards and Confidentiality Counseling And Mental Health

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Page 1: Ethical Standards and Confidentiality · Title Ethical Standards and Confidentiality Author Statewide Instructional Resources Development Center Subject Human Services Created Date

Ethical Standards and

Confidentiality

Counseling And Mental Health

Page 2: Ethical Standards and Confidentiality · Title Ethical Standards and Confidentiality Author Statewide Instructional Resources Development Center Subject Human Services Created Date

Copyright

Copyright © Texas Education Agency, 2014. These Materials are copyrighted © and

trademarked ™ as the property of the Texas Education Agency (TEA) and may not be reproduced

without the express written permission of TEA, except under the following conditions:

1) Texas public school districts, charter schools, and Education Service Centers may reproduce

and use copies of the Materials and Related Materials for the districts’ and schools’ educational

use without obtaining permission from TEA.

2) Residents of the state of Texas may reproduce and use copies of the Materials and Related

Materials for individual personal use only, without obtaining written permission of TEA.

3) Any portion reproduced must be reproduced in its entirety and remain unedited, unaltered and

unchanged in any way.

4) No monetary charge can be made for the reproduced materials or any document containing

them; however, a reasonable charge to cover only the cost of reproduction and distribution may

be charged.

Private entities or persons located in Texas that are not Texas public school districts, Texas

Education Service Centers, or Texas charter schools or any entity, whether public or private,

educational or non-educational, located outside the state of Texas MUST obtain written

approval from TEA and will be required to enter into a license agreement that may involve the

payment of a licensing fee or a royalty.

For information contact: Office of Copyrights, Trademarks, License Agreements, and Royalties,

Texas Education Agency, 1701 N. Congress Ave., Austin, TX 78701-1494; phone 512-463-7004;

email: [email protected].

2Copyright © Texas Education Agency, 2014. All Rights Reserved.

Page 3: Ethical Standards and Confidentiality · Title Ethical Standards and Confidentiality Author Statewide Instructional Resources Development Center Subject Human Services Created Date

What are ethics?

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Page 4: Ethical Standards and Confidentiality · Title Ethical Standards and Confidentiality Author Statewide Instructional Resources Development Center Subject Human Services Created Date

Definition of Ethics• Beliefs of an individual or group that guide them in making

correct or proper choices

• Comes from the Greek word ethikos meaning moral

character

• Developed by Greek philosophers

4Copyright © Texas Education Agency, 2014. All Rights Reserved.

Page 5: Ethical Standards and Confidentiality · Title Ethical Standards and Confidentiality Author Statewide Instructional Resources Development Center Subject Human Services Created Date

How are ethics defined?

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Page 6: Ethical Standards and Confidentiality · Title Ethical Standards and Confidentiality Author Statewide Instructional Resources Development Center Subject Human Services Created Date

How are ethics defined?

• Involves a decision-making process

• Set of moral principles

• What is right or wrong

Copyright © Texas Education Agency, 2014. All Rights Reserved.6

Page 7: Ethical Standards and Confidentiality · Title Ethical Standards and Confidentiality Author Statewide Instructional Resources Development Center Subject Human Services Created Date

From where do people derive their ethics?

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Page 8: Ethical Standards and Confidentiality · Title Ethical Standards and Confidentiality Author Statewide Instructional Resources Development Center Subject Human Services Created Date

Origination of Ethics

• Citizenship-based

• Cultural-based

• Law-based

• Professional

relationship-based

• Religious-based

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Page 9: Ethical Standards and Confidentiality · Title Ethical Standards and Confidentiality Author Statewide Instructional Resources Development Center Subject Human Services Created Date

What are the major purposes of a professional code of ethics in

Counseling and Mental Health?

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Page 10: Ethical Standards and Confidentiality · Title Ethical Standards and Confidentiality Author Statewide Instructional Resources Development Center Subject Human Services Created Date

Purposes of Code of Ethics• Provide a framework for ethical behavior

• Set standards for the profession

• Protect not only the professionals but the clients as

well

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Page 11: Ethical Standards and Confidentiality · Title Ethical Standards and Confidentiality Author Statewide Instructional Resources Development Center Subject Human Services Created Date

Copyright © Texas Education Agency, 2014. All Rights Reserved. 11

Page 12: Ethical Standards and Confidentiality · Title Ethical Standards and Confidentiality Author Statewide Instructional Resources Development Center Subject Human Services Created Date

American Counseling Association (ACA) Code of Ethics Contents

• The counseling

relationship

• Confidentiality

• Professional responsibility

• Relationships with other

professionals

• Evaluation, assessment and

interpretation

• Supervision, teaching and

training

• Research and publication

• Distance counseling,

technology and social media

• Resolving ethical issues

Copyright © Texas Education Agency, 2014. All Rights Reserved.12

Page 13: Ethical Standards and Confidentiality · Title Ethical Standards and Confidentiality Author Statewide Instructional Resources Development Center Subject Human Services Created Date

Ethics in Organizations

• All human service disciplines follow a code of ethics

• They are required to be followed by members of

professional organizations which include:

• American Association for Marriage and Family Therapy

• American Mental Health Counselors Association

• American Psychological Association

• National Board of Certified Counselors

13Copyright © Texas Education Agency, 2014. All Rights Reserved.

Page 14: Ethical Standards and Confidentiality · Title Ethical Standards and Confidentiality Author Statewide Instructional Resources Development Center Subject Human Services Created Date

Guidelines for Ethical Standards

Areas covered are:

• Assessment and

diagnosis

• Client relationships

• Counseling process

• Education and training

• Privacy and

confidentiality

• Recordkeeping and fees

• Resolution of ethical

problems

• Responsibility and

integrity

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Page 15: Ethical Standards and Confidentiality · Title Ethical Standards and Confidentiality Author Statewide Instructional Resources Development Center Subject Human Services Created Date

Definitions

• Confidentiality

• Privacy

• Privileged

communication

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Page 16: Ethical Standards and Confidentiality · Title Ethical Standards and Confidentiality Author Statewide Instructional Resources Development Center Subject Human Services Created Date

Morality

Morality involves judgment or evaluation of action

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Page 17: Ethical Standards and Confidentiality · Title Ethical Standards and Confidentiality Author Statewide Instructional Resources Development Center Subject Human Services Created Date

Kitchener’s Moral Decisions

• Autonomy

• Beneficence

• Fidelity

• Justice

• Nonmaleficence

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Page 18: Ethical Standards and Confidentiality · Title Ethical Standards and Confidentiality Author Statewide Instructional Resources Development Center Subject Human Services Created Date

Ethical Decision-making Model

1: Identify theproblem

2: Apply the ACA Code of

Ethics

3: Determine the nature and dimensions of the dilemma

4: Generate potential

courses of action

5: Consider the potential

consequences of all options

and determine a course of action

6: Evaluate the selected course

of action

7: Implement the course of

action

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Page 19: Ethical Standards and Confidentiality · Title Ethical Standards and Confidentiality Author Statewide Instructional Resources Development Center Subject Human Services Created Date

Penalties for Non-Compliance

• The patient has a right to take

the professional to court.

• The professional can be taken

to court in a civil or criminal

case and can face jail time.

• Monetary fines are most

common and can range from

$100.00-$100,000.00.

• The act of disclosure must be

seen as a willful act of neglect

on the doctor’s part in order

for a penalty to be issued.

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Page 20: Ethical Standards and Confidentiality · Title Ethical Standards and Confidentiality Author Statewide Instructional Resources Development Center Subject Human Services Created Date

Beneficence

Due to the nature of the

relationship between physicians

and patients, doctors do have

an obligation to:

•Prevent and remove harms

•Weigh and balance possible

benefits against possible risks

of an action

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Page 21: Ethical Standards and Confidentiality · Title Ethical Standards and Confidentiality Author Statewide Instructional Resources Development Center Subject Human Services Created Date

Red Flags of Boundary Violations

•You are with the client while off-

duty.

•You feel you are the only one

who understands the client –

other staff are “too critical” or

don’t understand.

•You keep secrets with the client.

•You spend an exceptional

amount of time with a particular

client.

Copyright © Texas Education Agency, 2014. All Rights Reserved.21

Page 22: Ethical Standards and Confidentiality · Title Ethical Standards and Confidentiality Author Statewide Instructional Resources Development Center Subject Human Services Created Date

Red Flags of Boundary Violations

•You accept gifts, cards,

letters or excessive

compliments.

•You are guarded or defensive

if asked a question.

•You see the client as “my

client.”

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Page 23: Ethical Standards and Confidentiality · Title Ethical Standards and Confidentiality Author Statewide Instructional Resources Development Center Subject Human Services Created Date

Breech of ConfidentialityThe consequences of breaching confidentiality laws

may include:

• Criminal charges and lawsuits

• Immediate termination

• Loss of reputation

• Written warnings

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Page 24: Ethical Standards and Confidentiality · Title Ethical Standards and Confidentiality Author Statewide Instructional Resources Development Center Subject Human Services Created Date

Does a parent have an unrestricted right of access to

the school counseling records of his or her minor child?

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Page 25: Ethical Standards and Confidentiality · Title Ethical Standards and Confidentiality Author Statewide Instructional Resources Development Center Subject Human Services Created Date

Copyright © Texas Education Agency, 2014. All Rights Reserved.

Guidelines for Professional Ethics

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Page 26: Ethical Standards and Confidentiality · Title Ethical Standards and Confidentiality Author Statewide Instructional Resources Development Center Subject Human Services Created Date

Copyright © Texas Education Agency, 2014. All Rights Reserved.

• Guidelines for professional

ethics

• Personal life

• Professionalism

• Respect for resources

Professional Ethics

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Page 27: Ethical Standards and Confidentiality · Title Ethical Standards and Confidentiality Author Statewide Instructional Resources Development Center Subject Human Services Created Date

Copyright © Texas Education Agency, 2014. All Rights Reserved.

Professionalism includes

being:

• Dependable

• On time

• Polite

• Respectful

Professionalism

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Page 28: Ethical Standards and Confidentiality · Title Ethical Standards and Confidentiality Author Statewide Instructional Resources Development Center Subject Human Services Created Date

Copyright © Texas Education Agency, 2014. All Rights Reserved.

Soft Skills – Professionalism

(Click on link)

Professionalism

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Page 29: Ethical Standards and Confidentiality · Title Ethical Standards and Confidentiality Author Statewide Instructional Resources Development Center Subject Human Services Created Date

Copyright © Texas Education Agency, 2014. All Rights Reserved.

• Separate work life from

private life

• Avoid discussing personal

problems

• Keep personal telephone

calls to a minimum

Personal Life

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Page 30: Ethical Standards and Confidentiality · Title Ethical Standards and Confidentiality Author Statewide Instructional Resources Development Center Subject Human Services Created Date

Do Not Steal Or Waste Resources

• Stealing is:

– Illegal

– Unethical

• Do not take items such as:

– Cash

– Equipment

– Inventory

– Property

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Wasting resources costs the

company money

• Recycle items such as:

– Magazines

– Paper products

– Plastic bottles

Page 31: Ethical Standards and Confidentiality · Title Ethical Standards and Confidentiality Author Statewide Instructional Resources Development Center Subject Human Services Created Date

Reliability

Be Sufficiently Trained

Confidentiality Between

Counselor And Client

Upholding Hygiene And

Safety Standards

Treat Each Other With

Respect And Dignity

Honesty

Seek The Best Interest Of Your

Clients

Work Ethic Qualities

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Page 32: Ethical Standards and Confidentiality · Title Ethical Standards and Confidentiality Author Statewide Instructional Resources Development Center Subject Human Services Created Date

Ethics in the Workplace

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(click on picture)

Page 33: Ethical Standards and Confidentiality · Title Ethical Standards and Confidentiality Author Statewide Instructional Resources Development Center Subject Human Services Created Date

Copyright © Texas Education Agency, 2014. All Rights Reserved.

• Is it fair?

• Does it uphold the values of the organization?

• Can I tell my decisions to my employer, my family and others?

• How would others regard the details if made public?

• Am I confident in my decision?

• Will it be valid for years?

• Is it legal?

• Will it hurt anyone?

• Does it positively represent the company?

• Does it convey respect for others?

• Does it make anyone uncomfortable?

• Have I involved others by asking their viewpoint?

Questions to Keep in Mind

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Page 34: Ethical Standards and Confidentiality · Title Ethical Standards and Confidentiality Author Statewide Instructional Resources Development Center Subject Human Services Created Date

Questions?

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Page 35: Ethical Standards and Confidentiality · Title Ethical Standards and Confidentiality Author Statewide Instructional Resources Development Center Subject Human Services Created Date

References and ResourcesImages:Microsoft Clip Art: Used with permission from Microsoft.

Textbooks:Barry, Patricia D., Mental health and mental illness. Seventh Edition, Lippincott, 2002. Print.Kasschau, R.A. (2002). Understanding psychology. New York: Glencoe/McGraw-Hill School Publishing Co.

Websites:American Counseling Association (ACA)2014 ACA Code of Ethics.http://www.counseling.org/docs/ethics/2014-aca-code-of-ethics.pdf?sfvrsn=4American Psychological AssociationProtecting Your Privacy: Understanding Confidentialityhttp://www.apa.org/helpcenter/confidentiality.aspxAmerican Psychological AssociationEthical Principles of Psychologyhttp://www.apa.org/ethics/code/index.aspx

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Page 36: Ethical Standards and Confidentiality · Title Ethical Standards and Confidentiality Author Statewide Instructional Resources Development Center Subject Human Services Created Date

References and ResourcesNational Institute of Mental HealthHealth and education on mental health issues.http://www.nimh.nih.gov/index.shtml

Texas Education AgencySchool Guidance and Counselinghttp://www.tea.state.tx.us/index3.aspx?id=3400

USSF School of MedicineThe Principles of Medical Ethicshttp://missinglink.ucsf.edu/lm/ethics/Content%20Pages/fast_fact_basic_principle.htm

YouTube™:Ethics in the Workplace!A presentation on how companies can easily implement business ethics in the workplace and still achieve their goals.http://youtu.be/0mUxMpMTT28United States Department of LaborSoft Skills – Professionalism information.http://youtu.be/7dPWVjQSad4

Copyright © Texas Education Agency, 2014. All Rights Reserved.36