Conflicts Between Ethics and Law in Counseling and Psychotherapy

Abstract

Codes of ethics are designed to guide and govern the behavior of the professional for whom they are written. In such fields as counseling, psychology, and social work, ethical standards are necessary to protect clients, guide professionals, safeguard the autonomy of professional workers, and enhance the status of the profession. Sometimes, however, the professional worker finds that the ethical standards of the profession seem to be in conflict with the law. These conflicts may arise in such areas as advertising, confidentiality, and clients' rights of access to their own files. The authors discuss the nature, ramifications, and implications of ethical-legal conflicts in the helping professions.

Legal and Ethical implications of HIV and Duty to Warn For Counselors: Does Tarasoff Apply?

“…A key limitation of the scope of confidentiality is the duty to warn (Gehring, 1982;Gray & Harding, 1988 Electronic Journal: To print this article select pages 29-32. TOC Lamb, Clark, Drumheller, Frizzell, & Surrey, 1989;Mappes, Robb, & Engels, 1985;Pietrofesa, Pietrofesa, & Pietrofesa, 1990). The clarity of this legal and ethical limitation is based on an understanding of the issues in the Tarasoff decision.…”

Duty‐to‐Warn Guidelines for Mental Health Counselors

“…For example, in 1982 the Texas State Board of Examiners of Professional Counselors Rules for Licensing and Regulating Professional Counselors stated, "A counselor shall not disclose any communication or record of a client except as provided in Texas Civil Statutes, Article 5561h, section 4" (p. 228). This creates a dilemma for ethically conscientious counselors in Texas and other states, who could be legally and financially liable in following the rules of their respective licensing boards, because they would be violating the law if they attempted to warn intended victims of their clients in accordance with the Tarasoff decision (Mappes, Robb, & Engels, 1985).…”

Counselor Training and Ethical Issues With Older Clients

“…In the absence of a legal determination to the contrary, a person must be viewed as able to give consent to treatment even if he or she shows signs of cognitive impairment. In situations such as these, counselors may find themselves having to juggle a number of ethical and legal concerns as well as the needs and interests ofvarious parties in the counselors' attempts to arrive at a responsible balance among those needs and interests (Mappes, Robb, & Engles, 1985: Ochroch, 1990: Watts, 1989). Mental health professionals require specialized training to help them develop the necessary skills to accomplish these delicate negotiations in creative and responsible ways (Spielman.…”