Ethical Vignette

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1 Ethical Vignette Devitree Gulabram Liberty University CEFS501: Ethical and Legal Issues in Counseling Jaesook Gho June 11, 2023

2 Confidently is crucial in the counseling field and as counselor we have a legal obligation to our client to maintain their confidentially and their privacy, so it is important for us to fully understand the ethical boundaries within situation that test those area of privacy and confidentiality. According to assign text: Whatever its origin, confidentiality is universally viewed today as being essential to the counseling process, which depends on an atmosphere of confidence and trust in which clients are able to tell their stories freely and honestly disclose their feelings, fears, thoughts, memories, and desires. Clients need to know that they can trust their counselors to respect their privacy, and the counselor’s confidentiality pledge is the cornerstone on which this trust is built (ACA, 2014, §A: Introduction)(Remley and Herlihy. 2021). Presenting problem: After watching the video “whose record” the following issues was present between the client and the counselor.  Client wants to terminate her counseling relationship because she is not getting the help she desire.  Client feels the counselor was being judgmental and secretive which is evident by the client stating “I know you have kept little notes from me to shares with other people”. And Counselor making the statement “what meaning do you attach to seeing a counselor every three to four weeks” which made put the client on a defensive mode which presented the fact that now the client is asking for all her records.  That comment alone show the fact that the client does not feel protect.

3  There was no evidence of counselor/client relationship that was positive. It was clearly evident that the counselor did not respect the right of the client to terminate their sessions. The problem presented a combination of ethical and professional issues. When the client asked for her file the counselor stated “I really don’t think what I written will be very helpful to you.” The counselor is not adhering to the ACA code of ethics in which the client has the right to her records. As a counselor I would want to know what my client expectation of me is and how she expects me to pursue our sessions. I need to make sure I have present myself in an ethical and professional manner with dealing with the client concern. ACA Code of ethics. According to the ACA B.6 e. Counselors provide reasonable access to records and copies of records when requested by competent clients. In the scenario, the counselor seems hesitant in giving access to the client to obtain her record records. Standard B.6.f. states when clients request access to their records, counselors provide assistance and consultation in interpreting counseling records. In the video, the counselor did not present that information to the client. Another standard that can be helpful to apply with the counselor is C.2.d. Counselors continually monitor their effectiveness as professionals and take steps to improve when necessary. Counselors take reasonable steps to seek peer supervision to evaluate their efficacy as counselors. Putting myself in the situation, I need to make sure to analyze the dilemma and

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4 self evaluate myself to see how I have make the effort to address my client issues and what recourse have I present with my client progression of service. These are information I need to discuss with my client throughout our session. Nature and Dimensions of the Dilemma The ACA moral that apply or lacking in the sense of the scenario presented in the video is fidelity. According to the ACA moral fidelity is defined as the notions of loyalty, faithfulness, and honoring commitments. It is clearly evident there is no trust or relationship between the client and the counselor. However, is it evident in the video that the counselor is trying to some extent to maintain that relationship with her client by address the client feeling that she is not being help! As a counselor within that scenario, I need to maintain that trust and maintain a good relationship from day 1. I feel like the counselor was trying to salvage the relationship, but did not present herself in a helpful way. As a counselor, I think the problem should have been address in the sense as how can I can be more help with my client and reassuring her that it is her right to know what kinds of notes I am taking and that she can get her record. Also, to ensure quality care I need to consult others to help me improve myself and be more effective to my client. I will reach out to the director of my agency because he/she is more knowledgeable about the ethical aspect and will have more resource to help me help my client. I also plan to refer back to my state counseling agency for resources and advice. Course of action: When starting a counseling session with client, their right and responsibly should be presented to them and any question need to be addressed. That the reasons why the client signs

5 consent from that outline all the important information. In the present situation which was derived from the video, the course of action that I would take is:  First of all discuss with my client the reason why she feels she is not receiving the help and is there anything I can do to change her mind in keeping her sessions with me. counselors are faced with an ethical dilemma, they use and document, as appropriate, an ethical decision-making model that may include, but is not limited to, consultation; consideration of relevant ethical standards, principles, and laws; generation of potential courses of action; deliberation of risks and benefits; and selection of an objective decision based on the circumstances and welfare of all involved(ACA code of ethic 1.1.b.). My reassurance to my client that as her counselor I have a legal obligation to provide service that will benefit her.  Second course of action I will take is apologize that she feels I am not helping her and discuss if there she would be willing to further solution to improve on making sessions with me more productive. I want to make sure that I least try to problem solve with her and part of that is during our first session, making sure she feels comfortable in letting me know she need more help form me or I am not meeting her needs.  Third I will make sure that my client knows that if going to another counselor is what she feels will be best for her, I respect her choice and will provide her with whatever she need to make the transition smooth. I will make sure she knows I wish her the best. Provide an open professional relationship with clients while they are in my care or not, are what I strongly believe in and I feel show client the respect they look for and deserve, they will return the same gesture for me. Setting those professional and ethical boundaries will go a long way in a counseling session. Van Hoose and Paradise (1979) suggest that a counselor “is probably

6 acting in an ethically responsible way concerning a client if (1) he or she has maintained personal and professional honesty, coupled with (2) the best interests of the client, (3) without malice or personal gain, and (4) can justify his or her actions as the best judgment of what should be done based upon the current state of the profession” (p. 58). Following this model will help to ensure that all four of these conditions have been met (Practitioner’s Guide to Ethical Decision Making). I will make sure my client know I am here to help and I am not perfect and if we work together and are open and honest with each other, we can achieve positive outcome from our counseling sessions. As a counselor I need to constantly reevaluating myself and identify areas of weakness and find the recourse to strengthen those resources.

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7 Reference Page Aaron, Kohlstrand, M. L., Welborn, L. V., & Curvey, S. T. (2019). Maintaining medical record confidentiality and client privacy in the era of big data: ethical and legal responsibilities. Journal of the American Veterinary Medical Association. , 255 (3), 282–288. https://doi.org/10.2460/javma.255.3.282 Cherepanov, E. (2019). Ethical dilemmas in global mental health. BJPsych International, 16 (4), 81-83. https://doi.org/10.1192/bji.2019.10 Richard, K., Koch, J., & Currin, J. (2022). Counseling students' responsibility attributions: Race/ethnicity and trauma narratives. Current Psychology , 41 (3), 1373+. https://link.gale.com/apps/doc/A697815629/BIC? u=vic_liberty&sid=summon&xid=47dec621 Smart, J. F., & Smart, D. W. (2006). Models of Disability: Implications for the Counseling Profession. Journal of Counseling and Development : JCD, 84 (1), 29-40. https://doi.org/10.1002/j.1556-6678.2006.tb00377.x "Access Denied; An advisor facing a complaint made by a client has no rights to the client's on-the-record FINRA interview." On Wall Street , vol. 26, no. 3, 1 Mar. 2016, p. 29. Gale Business: Insights , link.gale.com/apps/doc/A452519006/GBIB?u=vic_liberty&sid=bookmark-GBIB&xid=30ce40cd . Accessed 8 June 2023.

8 Bhogal. (2022). Moral principle explanations of supervenience. Philosophical Studies. https://doi.org/10.1007/s11098-022-01898-z Remley, P. T., & Herlihy, B. (2020). Ethical, legal, and professional issues in counseling. (6th), Chapter 5 and 14.

Ethical Vignette

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