Ethics in exams

1. After graduating, a fellow student in your CACREP-accredited counseling program takes and passes the National Counselor Exam (NCE). He then rents office space and advertises in the local newspaper saying “Individual, Group, and Family Counseling by a Nationally Certified Counselor.” Is this ethical? Is this professional? Is this legal in your state? Do the laws vary from state to state? Should you say anything to the student? 2. A colleague of yours runs into a former client at a social get-together. The client asks your colleague out and the colleague accepts the offer after reflecting on the fact that the client has not been in counseling for the last five years. Is this ethical? Is this professional? Is this legal? Is this wise? Should you say anything to your colleague? 3. A licensed school counselor, who is not a licensed professional counselor, advertises that he is doing “short-term individual counseling.” He does this part-time at a local private practice clinic. Is this ethical? Is this professional? Is this legal? Should you say anything to him? 4. A counselor you know has decided to try out a new technique involving extreme verbal confrontations of the client. You are familiar with the literature on client outcomes and this technique does not seem to be in line with the research. Is he acting ethically? Professionally? Legally? What is your professional/ethical obligation? 5. As a counselor at a mental health center you work daily with clients who are taking medications. One of your clients who has been taking Prozac continues to tell you that she is quite depressed. You say to her, “No problem, you need your medication changed, I’ll arrange that,” and you refer her to the staff psychiatrist. Have you responded to the client in an ethical manner? Have you responded in a professional manner? Do you have other options? 6. You are personally opposed to the killing of animals for fur coats, when one of your clients walks in with a full-length new mink coat. She says to you, “Isn’t this coat gorgeous,” at which point you respond by saying, “How many minks were killed to make that?” Have you responded ethically? Professionally? What should you do if your personal moral code interferes with you ethical guidelines? 7. The same person as in vignette 6 goes on to tell you that the minks that were raised for her coat were raised at an illegal mink ranch. In fact, you realize the treatment of the animals was probably horrible. Do you have any legal obligation to report this illegal ranch? 8. You have decided to forego licensure as a professional counselor, and instead of doing therapy, you offer “educational workshops and periodic individual meetings.” You advertise these as “coaching sessions” and state that you will offer “positive-goal-directed, short-term motivational sessions.” Can you practice like this without a license? Is this counseling? Can you be sued for practicing without a license? 9. A client of yours who has been working on becoming more assertive with her spouse and at work finds out that she is being underpaid at work for the same services that males in her position make. She asks you to write a letter for her, which she will sign, to send to her boss. Is this appropriate given the Advocacy Competencies? Are you working on “behalf” of your client? What implications might such an action have in your client’s life? 10. Despite having little or no training in working with Ethiopian clients, you decide to take on, in family counseling, an Ethiopian family who has just moved to this country. Is this ethical? Is this professional? Is this wise? Should you work with this client? What alternatives do you have?  

Sample Solution

Ethical and Legal Dilemmas in Counseling Scenarios: Here's a breakdown of the scenarios and potential responses based on ethical and legal considerations:
  1. Nationally Certified Counselor Advertising:
  • Ethical:No, potentially misleading. Advertising should accurately reflect licensure status.
  • Professional:No, as it creates confusion about credentials and qualifications.
  • Legal:Varies by state. Some states require specific licensure for specific titles like "counselor."
  • Recommendation:Advise the student to consult relevant authorities and professional associations to ensure their advertising complies with local regulations.
  1. Dating a Former Client:
  • Ethical:No, violates ethical codes due to potential exploitation and transference.
  • Professional:No, demonstrates poor judgment and lack of professional boundaries.
  • Legal:Likely legal, but unethical practice could lead to disciplinary action.
  • Recommendation:Encourage the colleague to seek guidance from a supervisor or ethics committee regarding this situation.
  1. School Counselor Advertising Individual Counseling:
  • Ethical:Potentially unethical, as the scope of practice for a school counselor might not include individual counseling outside of the school setting.
  • Professional:No, undermines professional clarity and may raise concerns about competence.
  • Legal:Varies by state. Some states require specific licenses for private practice.
  • Recommendation:Suggest the counselor consult their state licensing board and professional organizations to clarify their scope of practice and legal requirements.
  1. Counselor Using Unproven Technique:
  • Ethical:No, failing to utilize evidence-based practices could potentially harm clients.
  • Professional:No, departs from professional standards of care.
  • Legal:Likely legal, but unethical practice could lead to disciplinary action.
  • Obligation:Respectfully express concerns about the technique and suggest exploring evidence-based approaches.
  1. Referring Client for Medication Change:
  • Ethical:No, counselors are not qualified to prescribe medication or make medication-related decisions.
  • Professional:No, demonstrates poor practice and potential violation of professional boundaries.
  • Options:Encourage the client to discuss medication concerns with their psychiatrist or physician and offer support and resources to facilitate that communication.
  1. Discussing Client's Fur Coat:
  • Ethical:No, imposing personal values on clients and engaging in irrelevant discussions is unprofessional and potentially harmful.
  • Professional:No, focus should be on client issues, not personal judgments.
  • Personal Code vs. Ethical Guidelines:Acknowledge personal views without imposing them on clients. Seek supervision or consultation if personal beliefs significantly interfere with professional conduct.
  1. Reporting Illegal Mink Ranch:
  • Legal:No general legal obligation to report, but duty to report suspected child abuse or neglect in many states.
  • Ethical:Consider potential ethical responsibility to take action that protects animals from cruelty, seeking guidance from relevant professionals or organizations.
  1. Offering Coaching Sessions without License:
  • Legal:Varies by state. Some states have exemptions for specific activities, but generally, therapy requires a license.
  • Counseling:Offering these services could be considered practicing counseling without a license, even with disclaimers.
  • Suing:Possible, depending on the specific services offered and state laws.
  • Recommendation:Advise seeking guidance from a lawyer or state licensing board to understand legal requirements and avoid practicing without a license.
  1. Writing a Letter for Client about Underpayment:
  • Advocacy Competencies:While advocating for clients can be ethical, directly writing a letter poses ethical concerns about maintaining objectivity and potentially harming the client-therapist relationship.
  • "On Behalf" of Client:Indirect advocacy, such as helping the client draft the letter or providing relevant resources, might be a more appropriate approach.
  • Implications:Writing the letter could damage the client's relationship with their employer and create ethical concerns.
  1. Working with Ethiopian Family without Training:
  • Ethical:No, working outside your competence area could be harmful to the client.
  • Professional:No, demonstrates a lack of professionalism and ethical responsibility.
  • Recommendation:
    • Decline to take the case and refer the family to a qualified therapist with experience working with Ethiopian families.
    • Consider offering resources for culturally specific services.
Remember, these summaries are general and specific laws and regulations can vary by state. Consulting with relevant professional organizations and seeking supervision when necessary are crucial for navigating ethical dilemmas and ensuring responsible practice.  

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