Counsellors are essential in helping individuals and communities navigate life’s challenges, and ethical practice is a cornerstone of the counselling profession. Unfortunately, there are times when counselors behave in an unethical manner, and clients may file complaints against them. Addressing ethical complaints is a critical component of ensuring clients’ safety and well-being and the counseling profession’s integrity. This paper explores the relationship between licensure laws and the enforcement of ethical codes. It examines three ethical complaints that counselors may face in their future roles: breach of confidentiality, dual relationships, and failure to obtain informed consent. It also analyzes these ethical complaints according to the ACA Code of Ethics and state practice law and identifies their differences. By understanding the ethical complaints that may arise in counseling practice and the regulations that govern the profession, counselors can provide safe and honest services to their clients and uphold the highest standards of the counseling profession (Weaver).
It is essential to have a close relationship between the rules governing licensure and the enforcement of ethical codes to guarantee the delivery of counselling services that are safe but also effective and moral. Laws governing license issuance are passed to safeguard the safety of the general public by requiring counselors to fulfill specific educational and training requirements, prescribing that they must comply by a set of ethical principles, and outlining the penalties for transgressing these principles (Flanagan). Because it contributes to upholding the honor of the counseling profession and shielding clients from potential danger, implementing ethical norms is an essential component of the licensure legal framework.
Counselors may face three ethical complaints in their future roles: breach of confidentiality, dual relationships, and failure to obtain informed consent (American Counseling Association). Violation of privacy: Counselors must keep clients’ information confidential unless mandated by law or ethics. A counsellor who exposes sensitive material without authorization or on legal or ethical grounds breaches confidentiality. Dual relationships: Counselors must avoid double ties with clients that could undermine the therapeutic relationship. When counselors have personal, financial, or professional contacts with clients outside counseling, dual relationships can arise. Failure to gain informed consent: Before delivering services, counsellors must educate clients about counseling’s objective, dangers, and benefits, as well as their credentials and limitations. If a counselor doesn’t give enough information or get consent before starting treatment, informed consent may be lacking.
These ethical complaints violate the ACA Code of Ethics (American Counseling Association). Breach of privacy violates Standard A.2.b of the ACA Code of Ethics, which requires therapists to protect the confidentiality of their client’s information. Psychotherapists must maintain the confidentiality of their client’s data, except in cases where there is a legal or ethical duty to disclose. Breaching confidentiality can have serious consequences for clients, including loss of trust, emotional harm, and potential legal or social effects. Dual relationships violate Standard A.5.b of the ACA Code of Ethics, which requires analysts to avoid double relationships that could impair their professional decision or escalate the risk of harm to customers. Dual relationships occur when a counselor has an individual, financial and professional association with a consumer outside the counseling setting (Weaver). These relationships can lead to conflicts of interest, breaches of confidentiality, and other ethical violations.
It is a breach of Standard A.2.a of the ACA Code of Ethics for therapists not to get informed permission from clients before providing counseling services (Weaver). The ACA Code of Ethics requires psychotherapists to seek informed consent from clients before offering counseling services. Clients must be provided with information regarding the nature and purpose of counseling, the dangers and paybacks of treatment, and the trainings and limitations of the counselor so they can give their informed consent. The failure to get clients’ informed consent might put the client at risk of harm and the therapeutic relationship at risk.
Concerning how these ethical complaints are addressed, the ACA Code of Ethics and state practice legislation may not always agree. For instance, the ACA Code of Ethics could not be the most stringent standard, as other state practice laws might demand additional informed consent procedures or put harsher restrictions on dual partnerships (American Counseling Association). In addition, the policies for processing ethical complaints may differ under the practice laws of various states. Some states may impose more severe punishments for ethical infractions than those in the ACA Code of Ethics.
In conclusion, maintaining ethical standards is crucial for the counseling profession, and the licensure laws and moral codes are critical in ensuring that clients receive safe and effective services. This paper has highlighted three ethical complaints that counselors may face in their future roles: break of confidentiality, dual relationships, and failure to obtain informed consent. It has been shown that each of these ethical complaints violates the ACA Code of Ethics, and the consequences can have serious implications for clients. Counselors must be aware with the ACA Code of Ethics and state preparation laws to ensure they practice ethically and comply with regulatory requirements. By doing so, counselors can provide high-quality services and protect their clients’ well-being. Upholding ethical standards is essential to the counseling profession’s success and clients’ well-being.
References
American Counseling Association. “ACA Code of Ethics.” Journal of Counseling & Development, vol. 84, no. 2, Apr. 2014, pp. 235–254, https://doi.org/10.1002/j.1556-6678.2006.tb00401.x.
Flanagan, P. “The ISBT Code of Ethics and the Altruistic Donor.” ISBT Science Series, vol. 7, no. 1, 13 June 2012, pp. 303–306, https://doi.org/10.1111/j.1751-2824.2012.01606.x.
Weaver, Gary R. “Does Ethics Code, Design Matter? Effects of Ethics Code Rationales and Sanctions on Recipients’ Justice Perceptions and Content Recall.” Journal of Business Ethics, vol. 14, no. 5, May 2018, pp. 367–385, https://doi.org/10.1007/bf00872099.
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