The following paper will discuss the ethical issues associated with the ethical dilemma Case Analysis obtained from the University of Phoenix. The case reveals a female client that has had a previous counseling experiences that has left her severely distraught and depressed. This paper will outline the various ethical codes which has been violated, it will also associate the legal and ethical standards that applies. Finally, the paper will take a look at the State of Michigan laws that has been violated that pertains to this ethical dilemma case.
Ethical and Legal Dilemmas A middle aged women comes into counseling for issues with depression. During the initial interview process it’s realized through no admittance of the client that there has been a previous romantic relationship with a prior therapist. The Client does not openly admit to the relationship but shows signs of feeling as though she was the cause of the relationship going in the direction of personal rather than professional. The client is now left feeling distraught and depressed.
The identified dilemma in this case would be to first find out if the client had any feelings of depression or being distraught before the relationship with the therapist. The other issue with this case would be to figure out whether or not the therapist should acknowledge the legal and ethical wrong doings of his/her professional counterpart and report it. The therapist understands that the client feels this is her fault, however acknowledges that the previous therapist is a licensed professional and is fully aware of his/her professional obligations to his/her clients.
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Under no circumstances should the client feel guilt for any actions her therapist took which caused her harm. Through questioning, enough information is gathered to associate behavior of the past therapist which has been identified as the cause for the client to have suicidal feelings and feelings of depression. As a practicing licensed therapist, it is the duty of the new therapist to report any known or suspected unprofessional behavior of another therapist. The new therapist needs to first understand the facts of the prior client therapist relationship.
How long ago was it? Did this romantic encounter take place during the time of the client/therapist relationship? Another question that may arise with this ethical situation is, will it cause the client more harm if the new therapist reports this issue. A counseling plan needs to be developed and should address how to handle the emotions left from the previous counseling experience. The plan should also deal with how the client thinks the new therapist should approach the unethical behavior of the previous therapist.
Another dilemma with this case would be how the current therapist would approach the previous therapist with the knowledge of his/her wrong doings and how to proceed with it. Permission from the client would have to be given so that the client therapist confidentiality is not broken. Legal and Ethical Standard Under section A of the ACA code of ethics the following ethical issues has been identified: A. 1. a. Primary Responsibility which states “the primary responsibility of counselors is to respect the dignity and to promote the welfare of the clients.
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The new therapist recognizes that the previous therapist is in direct violation of this particular code simply by doing “harm” to the client which has been identified by the emotional state that the client is now in. This is also outlined under section A A. 4. a Avoiding Harm under the ACA 2005 Code of Ethics. This particular section states “Counselors act to avoid harming their clients, trainees, and research participants and to minimize or to remedy unavoidable or unanticipated harm.
Having a romantic relationship with a client during, before or after having a client/therapist relationship is a clear example of this unethical behavior. Section C Professional Responsibility C. 1. Knowledge of standards also states that “counselors have a responsibility to read, understand and follow the ACA Code of Ethics and adhere to applicable laws and regulations. ” (2005 ACA Code of Ethics) Which supports the thought of the new therapist, which was that the previous therapist has read and acknowledged the ethical codes for his/her profession yet proceeded with this unethical behavior.
As a mental health counselor there are also codes of ethics under the AMHCA that has been violated. Such codes are: Counselor Responsibility and Integrity, sections A, D, I, J and K. The new therapist recognizes that he/she will be in direct violation of the AMHCA ethical code 1-Professional Behavior section J which states” Take appropriate steps to rectify ethical issues with colleagues by using procedures developed by employers and or state licensure boards. ” (2010 AMHCA code of ethics) State Statutes 330. 1723 Suspected abuse of recipient or resident, report to law enforcement agency. Sec.
The Michigan Health Code states that “a mental health professional, a person employed by or under contract to the department, a licensed facility, or a community mental health services program, or a person employed by a provider under contract to the department, a licensed facility, or a community mental health serviced program who has reasonable cause to suspect the criminal abuse of a recipient immediately shall make or cause to be made, by telephone or otherwise, an oral report of the suspected criminal abuse to the law enforcement agency for the county or city in which the criminal abuse is suspected to have occurred or to the state police. ” (2009 Michigan Public Health Code) Within this same section of the MPHC, it states that the identity of the person submitting the claim does not have to identify who he/she is.
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With that being said, the therapist if she/he so chooses not to does not have to disclose their identity when reporting the unethical behavior of his/her professional counterpart. With the knowledge of the ACA, AMHCA and the MPHC the new therapist realizes that he/she could be charged with a misdemeanor if a report of the abuse/neglect of the client is not reported as stated in section 330. 1723c Violation of MCL 330. 1723 or making of false report as misdemeanor; civil liability. The Michigan Public Health Code under the Mental Health Section spells out completely how a licensed professional and or agency should act in suspect of abuse of a recipient or resident. The items outlined in this section completely relates to this ethical dilemma as it pertains to the reporting process and the stipulations therein.
Section (1) spells out who is required to report and to what law enforcement agency the infraction should be reported to. Section (2) gives in detail the time frame the written and oral complaints should be filed and Sections (3) and (4) talks about the details that should be included in the report and the identity of the complainant. In Conclusion Belonging to a professional association is essential to licensed professionals. There are many benefits that come along with these associations. One of the biggest benefits would be being informed of the various ethical and legal changes that applies to your license. Licensed professional counselors are required to read, understand and abide by the American Counseling Association Code of Ethics.
With this profession, there are also laws which are enforced by the state that your profession is practiced in that you must acknowledge and understand. When making a commitment to this profession you also have to make a commitment to work under the appropriate codes of ethics and governing laws associated with your licensure. This case dilemma outlined a client whom suffered a great deal of harm which appeared to have been caused by a relationship by a previous therapist. The new therapist was faced with several ethical issues and also issues of state laws that had been violated. The greatest dilemma here was how the therapist planned to move forward with the information that she was given.
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Careful thought had to be put into how to council this client, how to come up with a counseling plan that would be effective and include past and current issues. The new therapist also had to keep in mind that her own license would be in jeopardy if the right choices were not made and the appropriate time frames. As professionals, we have a commitment to our profession and to professional partners, but the greater commitment is to the client. One of our main objectives is to make sure that no harm comes to the client from their counseling experiences. This is simply achieved by knowing and following the state laws and the various ethical codes that is associated with the counseling practice you are licensed for.
