ethics and responsibilities of professionals

22
Running Head: Ethics and Responsibilities 1 ETHICS AND RESPONSIBILITIES OF PROFESSIONALS LadyAnn Graham-Gilreath 20107089 GCU Grand Canyon University PCN-500 Ethics Orientation February 4, 2015

Upload: northcentral

Post on 03-Mar-2023

1 views

Category:

Documents


0 download

TRANSCRIPT

Running Head: Ethics and Responsibilities 1

ETHICS AND RESPONSIBILITIES OF PROFESSIONALSLadyAnn Graham-Gilreath 20107089 GCU

Grand Canyon University PCN-500 Ethics OrientationFebruary 4, 2015

ETHICS AND RESPONSIBILITIES

INTRODUCTION

Reading the National Association of Alcoholism and Drug

Counseling, (2015), it starts with a small discussion of the

actual “power” we as addiction counselors have in the

treatment of our clients. With this power, we can manipulate

the entire situation for the better or for the worse. For

the better we treat our client with the utmost respect, keep

our advice and our values of ourselves undisclosed, and

maintain a therapeutic and trusting alliance with the

client, and all the responsibility that goes with that

treatment; or we can reverse the process by disrespect, not

value his/her thoughts and feelings as any great importance,

and tear down his moral and self esteem by ignoring the

crucial matters of why he is there, being totally unfocused.

It is our responsibility to maintain all ethical mandates,

2

ETHICS AND RESPONSIBILITIES

institutional requirements, and confidentiality guidelines.

Since addiction counselors have such great power and

authority, if we put this to optimal use it will insure our

respectability and responsibility to our clients, and will

facilitate the BEST possible treatment to them. It is our

ethical moral DUTY to stay informed, updated with continuing

education, and keep up with our professional organizations.

Ethics and responsibility are the KEY roles of the addiction

professional counselor and must be adhered to at all times.

Section 1: Counselor Values

It is surmised by Corey, (2015), that if professional

counselors reflect and learn about our values, how we got

them, and why we feel the way we do, during our education

and practicum, we will be more in an advantage to not impose

such values and/or beliefs in a negative manner causing a

disruption in the sentiments, trust, and belief in the

counselor by our clients. It becomes an ethical issue when

one or both parties have value imposition regarding the other.

For the counselor this cannot be put forth and should rise

3

ETHICS AND RESPONSIBILITIES

above set value(s) to allow the client’s value ideology to be

discussed and treated with special care in focusing the

client to learn how to make decision(s) regarding those

issues. Bracketing is the term used for a counselor who is

fully equipped to manage their personal values in their work

not polluting the counseling process, Corey, (2015, p, 70).

a) Abortion. (A 19-year-old rape victim wants an abortion,

but her parents are vehemently opposed to abortion on

religious grounds and have stated that they will no longer

consider her their daughter if she proceeds. The young woman

is firm in her plans, but wants your help in changing her

parents’ attitudes.)

Regarding abortion with positive morals and values, there

will be no conflict with personal values or viewpoints in

rendering professional service to this young woman. In this

case of the 19-year-old rape victim, I would agree with her

and stand by her in this quest. I would most assuredly try

to help with counseling the parents, not try to sway then

4

ETHICS AND RESPONSIBILITIES

but try to make them see the client’s point of view and help

them to understand the advantages of this particular

abortion regarding their daughter; yet remain totally

objective for all demographics such as the parents standing

up for their religious beliefs. The addiction professional

should address the declarative statement of “disowning”

their daughter, and help them to understand that family is

always going to remain family and that can’t be changed,

explaining this might hurt them more emotionally and

mentally if they remained adamant and jeopardize the

relationship with their daughter, possibly causing the

daughter to leave. According to NADAAC, (2015) first

section, “The Client Relationship” under Standard 1: Client

Welfare: this is the best I could do for her as far as

providing the ultimate best counseling, “The addiction

professional understands and supports actions that will

assist clients to a better quality of life, greater freedom,

and true independence.” (NADAAC, 2015), (American Counseling

Association, 2015, B.5.b, p. 7), which I do believe is the

issue here with this family and their daughter.

5

ETHICS AND RESPONSIBILITIES

b) Gay adoption. (John and Bill, after living in a committed

relationship for seven years, decide that they want to begin

a family. They have differing opinions about whether to use

a surrogate mother or adopt a child.)

To assist with counseling this gay couple in their quest to

have a child would be an absolute pleasure. Having favorable

values being pro LGBT for their rights to be un-stigmatized

and treated as equals (social justice), (ACA, A.4.a, A.4.B,

A.7.a, B.1.a, B.1.b, p. 4, C.5, p.9), the issues here is one

of delight, concerning having a child. I understand of the

hardships of gay couples as I know many and are personal

friends of mine. Heterosexual couples always felt for many

eras that this was not only “unholy” but might influence the

child to become gay. I would have to let them sort out the

details of either adoption, surrogate, or alternate routes

by researching the best surrogates providing them with

materials of such, locating the best adoption agencies to

observe and check out, and interject the notion of

6

ETHICS AND RESPONSIBILITIES

artificial insemination with local materials. Maybe a few

sessions would be necessary to let them find out what each

other wants, not allowing for my personal views on which way

to go hurt the decision making of the couple. The

professional addictions counselor values would not interject

and would be to assure them that they want to have a child

is terrific and promotes the marriage to new heights and

discovery for each of them. The professional should have no

ethical negativities here. However, also have a serious

session to warn them of the unfavorable stigma that they

might receive from the community, and ways in which to deal

with subtle microaggression. A professional follow up would

be in order after they got their child making sure they are

happy, giving them my blessing.

Section 2: Client Rights

The five principals of: 1) Autonomy, 2) Non-maleficence, 3)

Beneficence, 4) Justice, & 5) Justice, how to incorporate

them.

7

ETHICS AND RESPONSIBILITIES

First, Autonomy, this ultimately allows the client the

freedom to choose his/her destiny, NADAAC, (2015). In order

to help with this and implement autonomy into counseling

methods for tailored treatment; would effectively learn the

listening skills via the motivational interviewing set forth

by Steven Rollnick and William Miller in 1991- 2014. This

great concept that has worked for brief interventions and

the clinician has to learn one important acronym, O.A.R.S.

(Open-ended questions, Affirmations, Reflective listening,

and Summaries) by (Rollnick & Miller, 2014). With this tool

incorporated, the professional counselor can effectively let

the client decide where he/she wants to go in life, in

treatment, in counseling, in employment, in relationships,

in family decisions, almost anywhere. Once you have the

power to really LISTEN, you can keep up you ethical

guidelines and all your other responsibilities; the client

should feel free to delve into any subject with which he is

having conflict about.

8

ETHICS AND RESPONSIBILITIES

Non-maleficence, which in turn according to NADAAC is, “do

no harm to the interests of the client”, (NAADAC, 2015).

There are many different aspects, for example if a drug-

using client is on probation and the counselor feels he is

using during this period, informing him of the dangers to

using while on probation. Develop slow steps to guiding him

in the correct manner of letting him make his decision(s)

but finding out why the decision(s), are best for him.

Beneficence is to help others, meaning your clients with their

surroundings and associates. Making it a better place for

them to exist in their own world. This is to let the client

explain his troubles and conscious thoughts regarding his

immediate situation and you help him to sort out each item

and figure out ways to arise from these problems in his

world. Again, the best practice here is LISTENING.

Justice is the equalization for all, without specific

demographics getting in the way, nor value impositions. In

this you must keep an o pen mind for all your clients. No

9

ETHICS AND RESPONSIBILITIES

one client is better or more significant than any other

client. Everyone is equal, including outside participants

and family members. There should be no microaggression

terminology and clear cultural understanding at all costs.

Fidelity is the loyalness you bring to each client. In doing

this you show no favoritism and act befitting the addiction

professional ethically. You must not choose to refer the

client just because of value discrepancy, religious

differences, age, culture, anything. You must possess the

same loyalty to each client. Examples of this would be gay,

Chinese, age, Middle East, religion, woman who had abortion.

2) Section 3: The Process of Informed Consent:

According to NADAAC, (2015), the informed consent process is

Standard 2: Informed Consent, under the large heading of II:

Evaluation and Interpretation of Client Data. This is the

first thing to initiate to any potential client, in such a

manner that all explanations, written and verbal, clearly

10

ETHICS AND RESPONSIBILITIES

outline the consent and what the totality of that consent

regards. This is also listed under A.2a of the ACA Code of

Ethics. According to the ACA Code of Ethics, Section E

(Evaluation, Assessment, and Interpretation), E.1.a to E

13.d is the detailed process of informed consent, from

general to avoiding potential harmful relationships. This is

an ongoing process, and counselors document discussion of

informed consent throughout the counseling relationship

(ACA, 2015, A.2.a p. 4)

1) Billing:

Under NADAAC’s IV Responsibility, Standard 3: Records and

Data, clearly demonstrates the responsibility that the

information of any record of billing data will be documented

fully with all services provided, times recorded, meetings

and treatment plans devised, all in accordance with all

agency, institutions policies, as well as any mandated laws

in any such manner that meets ethical responsibility. Once

the client knows these terms and what they represent it is

11

ETHICS AND RESPONSIBILITIES

for the protection of both the client’s rights and the

clinician ability to protect those rights.

2) Right to Privacy

With the right to privacy the addiction counselor will

explain and have informed consent by letting the client know

the rights to confidentiality but also the limitation of

those rights. It is always better to get this in writing

from the client, but also to give the client a written

expectation of the limits of the counselor by policy,

mandated laws, and institution guidelines. The addiction

counselor will at all times work to the very limit of the

law in safeguarding these private records unless subpoenaed

by the courts. It might be best for the clinician to meet

and get the client’s approval or at least an understanding

of what is happening and why disclosure is necessary. Listed

in the ACA Code of Ethics are several ethical notions of

right to privacy under Section B, B.1.a and B.1.b, (ACA,

2015, p. 6).

12

ETHICS AND RESPONSIBILITIES

3) HIPPA compliance

US Department of Health and Human Services (2015) made known

the HIPPA NATIONAL set standards for professionals to

follow. What this means is that the professional must stay

in close awareness of our client’s rights to electronic data

and records concerning health information being put in

jeopardy. By complying with these Rule(s) of HIPPA, the

privacy rule and the security rule, we are safeguarding our

client’s personal medical records and any other health

information, (i.e. treatment for addiction). This is

mandatory for all professionals working in the health care

field.

4) Compliance with credentialing board requirements for incorporating

informed consent into practice

In the constant endeavor to make sure that nationally all

professional counselors will adhere to the same set of

Ethics and compliance of those ethics and standards via the

13

ETHICS AND RESPONSIBILITIES

Board of Credentials. This is for the protection of both the

client’s rights and the clinician’s rights. So to satisfy

the National Board of Credentials, it facilitates work

ethics to incorporate this into the informed consent process

with signature by both.

Section 3: Responsibility to Warn and Protect

In an article by Berger & Berger, (2009), on the website of

NationalPsychologist.com, they address some confusion

between the California Law and dangerous patients. This

issue arose from the Tarasoff v. Regents of the University

of California, in accordance with the California Supreme

Court, in which a psychologist knew his client had

intentions to harm a woman who wanted nothing to do with

him, and the cultural background of this client made life

impossible for him to accept. Upon the homecoming back to

California from out of the country, this woman got back to

the university campus and was immediately killed by said

client in 1976. From this rose the newly founded laws to all

14

ETHICS AND RESPONSIBILITIES

professionals of the “Duty to Warn/Duty to Protect” (Berger,

& Berger, 2009). This law stipulates that counselors have to

take whatever steps are necessary to apprise the intended

victim(s) of danger, and to notify the law enforcement

authorities. According to statute law “Section 43.92 of the

Civil Code enacted by California, 1986, and amended in

2007”, it states, “that if a duty to protect exists in a given case, there

shall be no liability for a therapist who then notifies the police and makes a

reasonable effort to notify the potential victim. In other words, if a therapist does

those two things, the therapist is safe from liability.” By this all

professional counselors must abide by this ruling in a

reasonable fashion to protect the client, the intended

victim and most importantly, the professionals (Berger &

Berger, 2009, p. 1). This is the only ethical and

responsible effort to take with dangerous clients and

document all sessions very closely for possible legal

complications.

Section 4: Client Record-Keeping

15

ETHICS AND RESPONSIBILITIES

a) Under ACA Code of Ethics, Section B Confidentiality, and

further under B.6.1-B.6.i is Records and Documentation (ACA,

2105) the full detailed categories of record keeping. In

this states the counselor’s obligations in creating records

and maintain records of services provided and rendered. With

this the client has the right to careful documentation, the

right to privacy, and the right to access his records. Along

with this is the right to “record” seeking permission for

this and the right to “observe”. With updated records the

client has the right to respectful and trusting care (ACA,

2015, A.1.b, p. 4)

b) The record keeping of the clinician is basically for the

liability of the clinician as well and protects him/her from

legal issues and lawsuits. ACA, (2015). For example, ACA,

(2015) Section B.6.g, p. 8, stipulates the expectations of

the professional counselor with disclosure or transfer,

allowing for confidential “sensitive “material to be very

carefully transferred protecting the counselor, as well as

B.6.h, p. 8, concerning storage and disposal, in which they

16

ETHICS AND RESPONSIBILITIES

apply careful consideration on just how to dispose of

records that may be needed for law purposes, especially on

vary strict issues of child abuse, suicide, sexual assault

or domestic violence. Last, B.6.i “Reasonable Precaution”

this is for the protecting the client’s confidentiality in

the event of counselor termination, incapacity, or death,

will appoint the custodian for the clients records.

CONCLUSION:

As compassionate and empathic souls who have dedicated their

lives to helping other with addiction, will also procure the

ethical and responsible knowledge that must be adhered to in

this profession. This will be accomplished with education

and constant upgrading of that education. This does not

limit ethical updates, indeed we need to keep up with

national, state, community, agency, and institutional

mandates, in the constant pursuit of the best treatment and

trusting faith by the client. always protecting his rights.

Addiction counselors and the clients have ethical needs and

the rights to privacy; with nationally set basic Codes of

17

ETHICS AND RESPONSIBILITIES

Ethics for all to follow, we are in good standing ethically

maintaining responsibility.

Thank you,

LadyAnn Graham-Gilreath20107089 GCUFebruary 2, 2105

18

ETHICS AND RESPONSIBILITIES

References:

American Counseling Association, (2015). Code of Ethics,

Retrieved Jan 12, 2015 from

http://www.counseling.org/Resources/aca-code-of-ethics.pdf

Berger, S., & Berger, M., NationalPsychologist.com, (2009).

Tarasoff, “duty to warn” clarified. Retrieved Feb 3rd, 2015

from http://nationalpsychologist.com/2009/03/tarasoff-

%E2%80%9Cduty-to-warn%E2%80%9D-clarified/101056.html

Corey, G., Corey, M. S., Corey, C., & Callanan, P. (2014).

Issues and ethics in the helping professions (9th ed.). Independence,

KY: Brooks/Cole Cengage Learning. ISBN-13: 9781285464671

http://gcumedia.com/digital-resources/cengage/2014/issues-

and-ethics-in-the-helping-professions_ebook_9e.php

19

ETHICS AND RESPONSIBILITIES

U.S. Department of Health and Human Services, (2015).

Summary of the HIPPPA Security Rule. (HHS.gov) Retrieved

February 2, 2015 from

http://www.hhs.gov/ocr/privacy/hipaa/understanding/srsummary

.html

Rollnick, & Miller, Motivaitonalinteview.net, (2015).

Interaction Techniques, Retrieved February 2, 2015 from

http://motivationalinterview.net/clinical/interaction.html

NAADAC. Code of Ethics. Retrieved February 2, 2015.

http://www.naadac.org/code-of-ethics

20

ETHICS AND RESPONSIBILITIES 21

ETHICS AND RESPONSIBILITIES 22