Week 1 Assignment - 5322 Professionalism Ethics and Law
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CONFESSIONS OF A MARRIAGE COUNSELOR : LETS GET ETHICAL! 1 WEEK 3: CONFESSIONS OF A MARRIAGE COUNSELOR : LETS GET ETHICAL!
Sammie E. Haynes, Jr. Lamar University CNDV 5322-L11 Professionalism, Ethics & Law Professor Dr. Lisa Wines
February 05, 2023
CONFESSIONS OF A MARRIAGE COUNSELOR : LETS GET ETHICAL! 2 As a mental health professional, it is imperative to remain ethical in all things. For this reason, whenever presented with issues and dilemmas it is of the utmost importance to adopt an Ethical Decision-Making Model to adhere to and follow. This will alleviate any margin for error
and keep the counselor on the right side of the ethical dilemma. Ethical Decision-Making Models are usually a step-by-step guide for the counselor to consider while navigating the issue at hand. “While there is no specific ethical decision-making model that is most effective, counselors are expected to be familiar with a credible model of decision making that can bear public scrutiny and its application. Through a chosen ethical decision-making process and evaluation of the context of the situation, counselors are empowered to make decisions that help expand the capacity of people to grow and develop” (
Heppner., et.al., 2015). “Understanding the
impact of personal values and personal ethics on the dilemma is an essential element in ethical decision making” (Sherperis, et.al., 2015) What this means is, as a counselor we must make certain that our personal values do not impede nor impose on the therapeutic relationship as it pertains to the ethical response of a particular dilemma. Being a mental health professional, we are governed by the associations we are a part of, specifically the American Counseling Association (ACA). “When counselors are faced with an ethical dilemma they must use and document an ethical decision-making model that takes into consideration the relevant ethical standards, principles, and laws”(ACA Code of Ethics Code I.1.b., 2014). “I
n the last 3 decades, more than 30 discrete ethical decision-making models have been introduced in the counseling ethics literature and in light of newer ethical issues in counseling practice, counselors may be presented with greater challenges” (
Levitt, D. H., Farry, T. J., & Mazzarella, J. R., 2015).
Case and point, I have been seeing a couple Harry and Sally for couples counseling every
two-weeks since they have been married. They have been married going on three months now.
CONFESSIONS OF A MARRIAGE COUNSELOR : LETS GET ETHICAL! 3 In the last session, we discovered that Sally was a functioning addict and that Harry was completely unaware. Recently, I learned that they have decided to forego the upcoming counseling sessions it was then that I learned that after Harry found out that Sally had an extreme
drug addiction, he retained the services of a well-known divorce attorney here in Houston. This is where things took a drastic turn; on Monday I was approached by Harry’s attorney who was subpoenaing me for my case notes and advised that if I did not turn them over, I would be arrested. Rather than get flustered by the quick and immediate demand I chose to utilize my ethical decision-making skillset. My first ethical step was to determine the whether or not the request was going to breach my client’s confidentiality. There are a couple of things to consider here, Harry supposedly sent the attorney to subpoena me for the case notes and records because his desire is to dissolve the marriage. Do I succumb to the pressure of the subpoena of the attorney or not? For my ethical decision-making model I chose to utilize the Practitioners’ Guide to Ethical Decision Making. Identify the Problem
The presenting problem is this request may breach my confidentiality clause mentioned in my informed consent and may not be considered as privileged information. Since Sally has yet to sign a release form does she want this information to come out during the divorce proceeding? Code §611.006 of The Texas Behavioral Health Council states that I can release “Authorized Disclosure of Confidential Information in Judicial or Administrative Proceeding in the event of a judicial or administrative proceeding where the court or agency has issued an order
or subpoena” (Texas Behavioral Health Executive Council. 2022).
What should I do? My first course of action is to contact my attorney to determine the validity of the subpoena, my attorney specializes in mental health proceedings and is very privy to the process.
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CONFESSIONS OF A MARRIAGE COUNSELOR : LETS GET ETHICAL! 4 Review of relevant codes of ethics
While I await my attorney’s review of the subpoena my next course of action is to research what the ACA states about ethical and legal issues surrounding the response to a subpoena. The ACA states that “when ordered by a court to release confidential or privileged information without a client’s permission, counselors seek to obtain written, informed consent from the client or take steps to prohibit the disclosure or have it limited as narrowly as possible because of potential harm to the client or counseling relationship” (ACA Code of Ethics B.2.d., 2014). What this means is even though Harry (by way of his attorney) is requesting the release of records I may still be required to release them (barring the subpoena is legit) even though Sally has not signed the release. The ACA also states in code B.4.b that “Counselors seek agreement and document in writing such agreement among all involved parties regarding the confidentiality of information. In the absence of an agreement to the contrary, the couple or family is considered to be the client” (ACA Code of Ethics B.4.b). So, Harry just may be successful in his desires for the case notes and records. Consult with colleagues or experts
As I waiting on my attorney to finalize her review of the subpoena, I reached out to my Licensed Professional Counselor Supervisor (LPCS) Mr. William Henry. Mr. Henry has always been a sounding board and a voice of reason since I have embarked on this road within the helping profession. He has been through so much since becoming a part of this profession so I was relieved when he was available. I lamented to him my trepidation of disclosing and/or releasing the information about their counseling sessions as I felt that it could be detrimental to Sally’s progress toward sobriety. He told me that in his experience that this was not a huge issue
CONFESSIONS OF A MARRIAGE COUNSELOR : LETS GET ETHICAL! 5 as he continued to see the ex-spouse for their drug addiction and the referred them out once it was out of his realm of competence. Desired outcomes and possible actions to achieve them
assert privilege or to inform the Court that the therapist is unable
to comply with the subpoena.
References:
American Counseling Association. (2014).
2014
ACA code of ethics.
https://www.counseling.org/docs/default-source/default-document-library/2014-
code-of-ethics-finaladdress.pdf
CONFESSIONS OF A MARRIAGE COUNSELOR : LETS GET ETHICAL! 6 Heppner, P. P., Wampold, B. E., Owen, J., & Wang, K. T. (2015).
Research design in counseling
. Cengage Learning.
Levitt, D. H., Farry, T. J., & Mazzarella, J. R. (2015). Counselor Ethical Reasoning: Decision-
Making Practice Versus Theory.
Counseling & Values
,
60
(1), 84–99. https://doi-
org.libproxy.lamar.edu/10.1002/j.2161-007X.2015.00062.x
Sheperis, D. S., Henning, S. L., & Kocet, M. M. (2015).
Ethical decision making for the 21st century counselor
. SAGE Publications.
Texas Behavioral Health Executive Council. (2022).
Texas behavioral health executive council and Texas state board of examiners of marriage and family therapists rules
.
https://www.bhec.texas.gov/wp-content/uploads/2022/12/MFT-Rulebook-
December-2022.pdf
Texas Behavioral Health Executive Council.
(2022). Retrieved January 23, 2023, from https://www.bhec.texas.gov/texas-state-board-of-examiners-of-professional-counselors/
index.html
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