Legal and
    Ethical Issues

... research resources for counselling students

Web Destinations

Key Sites for Practitioners

The American Psychiatric Association's Position on the Insanity Defense
This is a pdf file that must be opened with Adobe. It contains the association's position on the insanity defense.
http://www.psych.org/edu/other_res/lib_archives/archives/820002.pdf

National Board of Certified Counselors: Web Services Code of Ethics
The National Board produced these guidelines on May 20, 1998 for clinicians who counsel clients in remote locations and use electronic communication over the Internet. Guidelines include the necessity of informing clients about encryption and the limitations of such counseling.
http://www.nbcc.org/

Professional Development

Codes of Ethics

Ethical codes are constantly undergoing revisions due to changes such as improved technology and new counseling situations and populations such as clients with AIDS. Most ethics textbooks include a copy of the ethical codes of the major professional organizations. You can gain access to most of them through the websites listed below or by writing to the professional organization. Most counselors will be interested in the American Counseling Association's code of ethics, but this segment also includes codes from other organizations for comparison.

American Art Therapy Association Ethics Statement
1202 Allanson Road, Mundelein, Illinois 60060-3808 Telephone: (888) 290-0878 or (847) 949-6064 FAX: (847) 566-4580 E-mail:arttherapy@ntr.net
http://www.arttherapy.org/aboutaata/ethics.htm

American Association for Marriage and Family Therapy (AAMFT) Code of Ethics
The AAMFT (American Association for Marriage and Family Therapy) page about the Code of Ethics (2001) includes guidelines for professional responsibility, confidentiality, professional competence, financial arrangements, and advertising.

133 15th Street, NW, Suite 300
Washington, DC 20005-2710
Telephone: (202) 452-0109
http://www.aamft.org/resources/lrmplan/ethics/ethicscode2001.asp

American Association of Pastoral Counselors (AAPC)
Home page:http://www.aapc.org/ Ethics:http://www.aapc.org/ethics.htm

American Association of Sex Educators Counselors and Therapists (AASECT)
Code of Ethics.

AASECT
P.O. Box 238
Mount Vernon, IA 52314
Fax: (319) 895-6203
Email:AASECT@worldnet.att.net
The AASECT code online:http://www.aasect.org

American Counseling Association Code of Ethics and Standards of Practice
ACA's code of ethics and standards of practice became effective in July, 1995. Contact: ACA at

5999 Stevenson Ave.
Alexandria, VA 22034
Telephone: (800) 347-6647
http://www.counseling.org/content/navigationmenu/resources/ethics/ aca_code_of_ethics.htm
You may e-mail questions about ACA's Code to:plr@counseling.org

American Mental Health Counselors Association Code of Ethics
This is the 2000 revision of AMHCA's code of ethics. AMHCA represents mental health counselors and is loosely associated with the American Counseling Association.

AMHCA
801 N. Fairfax Street, Suite 304
Alexandria, VA 22314
Telephone: (800) 326-2642 or (703) 548-6002
FAX: (703) 548-4775
http://www.amhca.org/code

American School Counselor Association (ASCA) Ethical Standards
Ethical Standards for School Counselors was adopted by the ASCA Delegate Assembly on March 19, 1984. The second revision was approved March 27, 1992. The third revision was adopted on June 25, 1998.

American School Counselor Association
801 North Fairfax Street Suite 310
Alexandria, VA 22314
Telephone toll-free: (800) 306-4722
Fax: (703) 683-1619
http://www.schoolcounselor.org

American Society of Group Psychotherapy and Psychodrama
One of the purposes of ASGPP is to maintain an ethical code. Contact ASGPP at

301 N. Harrison St. Suite 508
Princeton, NJ 08540
Telephone: (609) 452-1339
FAX: (609) 936-1569
E-Mail:asgpp@asgpp.org

The code of ethics does not seem to appear at their website: http://www.asgpp.org

Association for Specialists in Group Work (ASGW) Best Practices Guidelines
The Association for Specialists in Group Work offered these ethical guidelines for group counselors in 1989. Available from:

American Counseling Association
5999 Stevenson Avenue
Alexandria, VA 22304.

In 1998, ASGW adopted a set of Best Practices Guidelines. When you reach the home page, click the button for Best Practices.
http://www.asgw.org/best.htm

Ethical Principles of Psychologists and Code of Conduct
The American Psychological Association page on the Ethical Principles of Psychologists and Code of Conduct discusses required standards of competence, integrity, scientific responsibility, respect, and social responsibility.
http://www.apa.org

NASW Code of Ethics
The NASW (National Association of Social Workers) Code of Ethics page is divided into links to four sections: Preamble, Purpose, Ethical Principles, and Ethical Standards.
http://www.naswdc.org

National Board for Certified Counselors Code of Ethics
NBCC certifies counselors based on experience, training, and examination. Although they affiliate with the American Counseling Association, they have a separate code of ethics. Contact NBCC at

3 Terrace Way, Suite D
Greensboro, NC 27403-3660
Telephone: (336) 547-0607
http://www.nbcc.org/depts/ethicsmain.htm

National Organization for Human Services Education Ethical Standards
NOHSE is an organization of human service providers, generally trained at the bachelor's level in a variety of disciplines.
http://www.nohse.com/ethstand.html

National Peer Helpers Association
Code of ethics for peers helping professionals (1989).
http://www2.peerhelping.org/

NPHA
P. O. Box 2684
Greenville, NC 27836
Telephone: (919) 522-3959
E-mail:nphaorg@aol.com

Certification in Counseling

Certification in counseling is granted by a professional organization, usually in a specific area such as career counseling. Holding a certificate does not usually grant the counselor any special rights or privileges under law. It is merely proof that one has met the requirements of the professional organization. These certificates vary in terms of the rigor of the requirements. Some are so minimal that almost anyone, even a lay person, can receive a certificate. Others such as the T.E.P. credential in psychodrama, sociometry, and group psychotherapy take years to complete. Some certificates require an examination, others do not. NBCC

In the counseling field, the National Board of Certified Counselors is a nonprofit, independent organization with ties to the American Counseling Association. NBCC gives the credential of Nationally Certified Counselor, or NCC. They certify counselors in several specialty areas, including career counseling and mental health counseling, addictions, and supervision. The site itself contains information on state licensure state-by-state and other useful links. Contact NBCC at:

3 Terrace Way, Suite D
Greensboro, NC 27403-3660
Telephone: (336) 547-0607
http://www.nbcc.org/

Licensure Sites

Licensure is a permit to practice granted by a state legislature. In the mental health professions, states issue licenses to counselors, psychologists, marriage and family therapists, clinical social workers, and psychiatrists. In counseling, 46 states and the District of Columbia have licensure. There are specific academic, experience, and testing requirements that vary from state to state. Each state issues a separate licensure, and reciprocity between states is rare. In some states, counselors are licensed as LPC's, or Licensed Professional Counselors; in others there is licensure only for Mental Health Counseling. In California, the only license for counselors is Marriage, Family, and Child Counselor (MFCC). Some states have websites for their licensure boards listing the specific requirements, laws, and rules.

American Association for Marriage and Family Therapy Licensure Site
Licensure for Marriage and Family Therapists is available in many states. This site contains addresses and information about each state's practices.
http://www.aamft.org

National Board of Certified Counselors—State Credentialing Boards
This site contains information on credentialing and licensure in all 50 states, even those that do not have licensure for counselors. Most importantly, there are links to the appropriate state board in most cases. If not, addresses and phone numbers are available.
http://www.nbcc.org/exams/stateboards.htm

State Licensure of Counselors Nationwide
ACA maintains a page at their website that summarizes licensure requirements for each state. To access specific requirements, you need to be an ACA member.
http://www.counseling.org/

Annotated Bibliography

Foundational Works

The area of legal and ethical concerns is a rather recent addition to the curriculum of helping professionals. Until the 1980s most universities did not require such a course. Philosophy, religion, and legal precedents all helped to provide a foundation for this area of counseling. Developmental psychology and concepts of moral development have also been important influences.

Foundational Works

Beauchamp, T. L., & Childress, J. F. (2001). Principles of biomedical ethics (5th ed.). Oxford: Oxford University Press.
This volume is the most recent revision of the 1977 original work. It is a leading textbook in biomedical ethics. It covers morality and moral justification, types of ethical theories, respect for autonomy, nonmaleficence, beneficence, justice, professional-patient relationships, and virtues and ideals in professional life.

Herlihy, B., & Corey, G. (1992). Dual relationships in counseling. Alexandria, VA: American Counseling Association.
One of the most confusing and troubling issues for mental health professionals is dual relationships in counseling. This book suggests ways of handling difficult situations such as whether to accept a social invitation from a client, whether to refer a student to another advisor, or when and how to reveal information about your client or student.

Herlihy, B., & Corey, G. (1996). ACA ethical standards casebook (5th ed.). Alexandria, VA: American Counseling Association.
This book is indispensable as a tool for thinking about the real-life implications of the ACA ethical codes. The casebook examples are not dilemmas but situations requiring deliberation and research.

Huey, W. C., & Remley, T. P. (2002). Ethical and legal issues in school counseling. Fairfax, VA: American School Counselor Association.
This small volume addresses methods of dealing with ethical dilemmas and preventing malpractice in the school setting.

Kitchener, K. S. (1984). Intuition, critical evaluation, and ethical principles: The foundation for ethical decisions in counseling psychology. The Counseling Psychologist, 12, 43-55.
Kitchener's work is among the most cited articles in ethical decision making in the helping professions. Kitchener was interested in the fact that most ethical decisions are made on an intuitive basis. To increase reliability, she recommended careful analysis of ethical decisions based on ethical principles or "ideals" such as fidelity or faithfulness to promises and to the truth. Kitchener proposes a model of decision making that includes defining options, looking at professional standards, scholarship, identifying ethical principles, consultation, deliberation, documenting, and reflecting on experience.

Pope, K. S., & Vasquez, M. J. T. (1998) Ethics in psychotherapy and counseling: A practical guide for psychologists. San Francisco: Jossey-Bass.
The authors use their professional experiences, research, and case examples to investigate the ethical responsibilities that confront psychotherapists and counselors in their day-to-day practice. They offer insights about dealing with the competing demands of clients' needs, ethical principles, personal values, and evolving legal standards. They address specific practical problems such as fees, informed consent, dealing with sexual concerns, confidentiality, documentation, and supervision.

Key Current Works

Kaplan, D., & Culkin, M. (1995). Family ethics: Lessons learned. Family Journal, 3, 335-338.
This article presents lessons learned in the effort to solve family counseling ethical problems. Issues covered include information from family members, keeping confidentiality, avoidance of relationships, importance of knowledge of legal aspects of counseling, taking responsibility to report ethical violations of other counselors seriously, and promoting dignity and well-being of clients.

Kitchener, K. S. (1996). There is more to ethics than principles. The Counseling Psychologist, 24, 92-98.
Kitchener's paper focuses on the introduction of virtue ethics to ethical decision making. In this paper, she discusses the failure of psychologists to act on ethical principles. She also introduces the concept of a "moral minimum," or the basics required to make a decision in a difficult situation.

Lazarus, A. A., & Zur, O. (Eds.). (2002). Dual relationships and psychotherapy. New York: Springer.
This book offers case studies that demonstrate how nonsexual dual relationships can have therapeutic effectiveness.

Marsh, D. T., & Magee, R. D. (Eds.). (1997). Ethical and legal issues in professional practice with families. New York: Wiley.
As the title suggests, the 16 chapters are written about both legal issues and ethical ones in family therapy. Several of them fill a void in the ethics literature, including the chapters on Ethical Issues in Couples Therapy, Ethical Concerns Regarding Gender in Family Practice, and Professional and Ethical Issues in Family-School Mental Health Interventions.

Meara, N. M., Schmidt, L. D., & Day, J. D. (1996). Principles and virtues: A foundation for ethical decisions, policies, and character. Counseling Psychologist, 24, 4-77.
This article examines the difference between principles and virtues, including a look at Kohlberg's concepts of principles and foundations of ethical codes.

Pope, K. S., & Vasquez, M. J. T. (1998). Ethics in psychotherapy and counseling: A practical guide. San Francisco: Jossey-Bass.
This book provides guidance in areas in which ethical dilemmas might occur. Appendices include codes of conduct and ethical codes.

Position Statements by the American School Counselor Association

Position statements by ASCA address key ethical issues in particular topical areas. They are available from the American Counseling Association.

American School Counselor Association. (1988). The school counselor and AIDS. Position Statement in ASCA Member Services Guide. Alexandria, VA.

American School Counselor Association. (1985). The school counselor and censorship. Position Statement in ASCA Member Services Guide. Alexandria, VA.

American School Counselor Association. (1993). The school counselor and child abuse/neglect prevention. Position Statement in ASCA Member Services Guide. Alexandria, VA.

American School Counselor Association. (1993). The school counselor and college entrance test preparation programs. Position Statement in ASCA Member Services Guide. Alexandria, VA.

American School Counselor Association. (1980). The school counselor and confidentiality. Position Statement in ASCA Member Services Guide. Alexandria, VA.

American School Counselor Association. (1995). The school counselor and corporal punishment in the schools. Position Statement in ASCA Member Services Guide. Alexandria, VA.

American School Counselor Association. (1993). The school counselor and credentialing and licensure. Position Statement in ASCA Member Services Guide. Alexandria, VA.

American School Counselor Association. (1993). The school counselor and discipline. Position Statement in ASCA Member Services Guide. Alexandria, VA.

American School Counselor Association. (1993). The school counselor and the education of the handicapped act. Position Statement in ASCA Member Services Guide. Alexandria, VA.

American School Counselor Association. (1993). The school counselor and evaluation. Position Statement in ASCA Member Services Guide. Alexandria, VA.

American School Counselor Association. (1993). The school counselor and gender equity. Position Statement in ASCA Member Services Guide. Alexandria, VA.

American School Counseling Association. (1984). The school counselor and military recruitment. Position Statement in ASCA Member Services Guide. Alexandria, VA.

American School Counselor Association. (1993). The school counselor and the paraprofessional. Position Statement in ASCA Member Services Guide. Alexandria, VA.

American School Counselor Association. (1993). The school counselor and peer facilitation. Position Statement in ASCA Member Services Guide. Alexandria, VA.

American School Counselor Association. (1994). The school counselor and the promotion of safe schools. Position Statement in ASCA Member Services Guide. Alexandria, VA.

American School Counselor Association. (1995). The school counselor and sexual minority youth. Position Statement in ASCA Member Services Guide. Alexandria, VA.

American School Counselor Association. (1994). The school counselor and students-at-risk. Position Statement in ASCA Member Services Guide. Alexandria, VA.

American School Counselor Association. (1994). The school counselor and the use of non-school credentialed personnel in the counseling program. Position Statement in ASCA Member Services Guide. Alexandria, VA.

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