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The Ethical Issues of Counselor - Assignment Example

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The author describes the counselor ethics and responsibilities and the issues faced by the counselor during the practice such as abortion, assisted suicide, client rights, the responsibility to warn and protect, client record-keeping, the topic of choice. …
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The Ethical Issues of Counselor
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Counselor Ethics and Responsibilities 1a) Abortion Considering where we are and where we are heading in terms of levelof medical technology, crime rate and level of sexual activeness among the younger generation I personally believe that abortion should be endorsed for right reasons and vice versa. It is my belief that mothers should not bear the burden of carrying unwanted pregnancies especially those arising from criminal act of rape and the same case should apply to dangerous pregnancies. During counseling, I will start by uncovering the emotions of the client towards her present predicament and try to understand also, why she thinks abortion will solve her problem. The next important move will be to ask the client if I can a combine session with her parents to allow them share their thoughts about the situation. Two ethical issues that I will have to deal with include whether advising the client on other alternatives to abortion could interfere with her autonomy. C) Assisted suicide I strongly believe that every individual has a right to choose time as well as how to end his/her life with dignity especially when suffering from terminal illness. I feel that it is quite inhumane to stop an individual from hastening his death especially his/her health has significantly deteriorated from prolonged illness. I will start the counseling process by trying to establish if the state law allows physician assisted suicide (PAS). The next thing will be to allow the client clarify her thought and feelings towards PAS and the possibility of exploring alternatives to the decisions. The option of advising the client on other alternatives to PAS and whether it is in the best interest to allow her continue with PAS are two major ethical issues that I will consider. Client Rights Trust and respect are the two most important determinant of a successful and effective counseling relation between the client and the counselor. Remley, Jr and Herlihy (2010) asserts that clients must always feel safe in the hands of their counselors and this can only be achieved when they trust in the counselor’s ability to safeguard their interest and respect their rights in the relationship. The fact that the counselor is highly experienced in his/her field does not give them an absolute power over the client considering that the client has a number of rights that needs to be protected in the relationship. Key among the clients rights in a counseling relationship include but not limited right to autonomy, right to confidentiality, right to known counseling techniques or strategies, right to request for copies of records and reports (Remley, Jr & Herlihy, 2010). These rights among other are guaranteed to the client in a counseling relation and breach of one or more extends the right to terminate a counseling relation with the professional. Every client has a right to autonomy and self-determination and as such, the counselor must always respect the client’s right to make decisions they consider in their best interest. However, before allowing the client to make informed decision the counselor must supply the client with all the information regarding the nature and extent of services. As a counselor, I will ensure that I provide the client with all accurate and complete material information regarding service provision to allow for informed decisions. Clients in a counseling relationship have a right to privacy and as such, counselors must ensure that their services remain as confidential as possible. As counselor, I will be discrete with my counseling services to ensure that my clients enjoy maximum privacy. As a counselor, I will not undermine my clients’ right to know counseling strategies and techniques besides informing them about the progress of the counseling relationship. Responsibility to Warn and Protect The counselors duty to warn and protect identifiable victims come in to play when he/she is caught in between the ethical responsibility of protecting client’s confidentiality and the responsibility to protect the law. According to Remley, Jr and Herlihy (2010) a counselor must consider a number of factors in order to determine, his/her duty to warn and protect and they include threat of violence, suicide risk, and risk of contracting life-threatening diseases. Since the landmark ruling in Tarasoff v. Regents of University of California (1976) court case the duty to warn an identifiable or foreseeable victims of dangerous client has doubled up to both legal and ethical responsibilities. Scenario 1 (duty to warn): Melvin a 25 year old student of local university came for counseling with a great deal of depression and grief after testing positive for HIV. During the counseling session, he tells the counselor about his lover (Jacky) whom he plans to marry in a month’s time but he asks the counselor to remain discrete about his HIV status. In this scenario, I will be forced to establish the extent to which Jacky is likely to contract HIV before deciding to warn her. Scenario 2 (Duty to protect): Anne and Derrick a couple married for 6 years attends counseling session separately concerning Anne’s decision to divorce her husband over his gambling habit. One day during a counseling session, Derrick confesses to the counselor how he will commit suicide if Anne divorces him. In this scenario, I will carry out a risk assessment regarding the threat to commit suicide before informing close relatives including his wife (Anne). The only ethical issue that I am likely to face in these two scenarios involves whether to compromise on the client’s confidentiality or not. The confidentiality of both clients is at risk. Client Record-Keeping Client record keeping is related to competent, ethical practice in a number of ways, considering that they demonstrate competence and ethical conduct of counselors with respect to handling of critical client information from capturing, storage to disposal. From both ethical and competent practice, effective record keeping will indicate a number of things about the counselor, which may include conformity with the legal, regulatory and agency procedures with respect to handling of clients records. Competence and ethical practice will also be evident in the type of information collected to render professional services, documentation of treatment offered and plans, transfer of records to third parties, protecting client’s confidentiality, storage of client’s records, informed consent in obtaining information, and final destruction of records. All these activities relating handling of client’s records must be executed with highest level of competence and strict adherence to ethical obligations. The ACA Code of Ethics (2005) does not stipulate the kind of records that a counselor must obtain and keep (Remley, Jr & Herlihy, 2010). This is because relevant laws, regulations and procedures stipulate most of the record keeping obligations. Common components of a clinical record that are important to the client’s right to a professional standard of care may include results of the counselor’s tests and other assessments administered, the counselor’s impressions generated, description of what occurred during the session, diagnosis and treatment plan. The counselor may require the following information to protect himself from liability; copies of correspondence, client permission to release information, signed informed consent documents, and intake forms. When a counselor joins an agency, he/she often agree to comply with various regulatory procedures and record keeping is part of the job. These records can later be used by a counselor to protect himself from liability especially when he is accused of negligence or incompetence. Topic of Choice Balancing the assurance for confidentiality and other ethical principles as well as legal obligations is one of the ethical issues that I find quite interesting. There is no doubt that confidentiality is an indispensable prerequisite for a successful counseling session. Confidentiality is fundamental requirement in all forms of counseling therapies taking into consideration that no client would be willing to join a counseling session or explain their thoughts and feelings if they do not have assurance for confidentiality (Remley, Jr & Herlihy, 2010). Privacy in counseling supersede all other needs because without it there will no counseling therapies because no client would want to discuss their personal and intimate issues about their lives if they don’t have guarantee that the information will be private and confidential. Confidentiality is of great significance to because it the strong moral force that assist in shaping the way counselors interact with their clients. Confidentiality is based on four foundations namely; respect for autonomy, respect for human relationships, a pledge of silence and the final foundation is its utility. Advice from fellow professionals and experts as well as increased counseling sessions will plays a significant role in my additional professional growth and this will enable me deal effectively with confidentiality issues. Scenario Jane 14 is a high school student who began a counseling session because of abusive guardians. Her aunt adopted Jane 4 years after her parents’ death but her guardians have been mistreating her and because of these reasons, she has witnessed a significant drop in her grades. Her poor school performance is threatening her education as the administration threatens to expel her from school if she continues performing poorly. Jane pleads with the counselor to remain silent on the issue of abusive guardians because she could be evicted from home. Reference Remley, Jr, T & Herlihy, B .(2010).Ethical, Legal, and Professional Issues in Counseling. 3rd Ed. New York: Pearson Education, Inc. Read More
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