Counseling Ethics for the 21st Century 2 To our family, the light of our lives, and source of inspiration 3 Counseling Ethics for the 21st Century A Case-Based Guide to Virtuous Practice Elliot D. Cohen Indian River State College / Florida State University College of Medicine Gale Spieler Cohen Indian River State College Los Angeles London New Delhi Singapore Washington DC Melbourne 4 Copyright © 2019 by SAGE Publications, Inc. All rights reserved. No part of this book may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, without permission in writing from the publisher. FOR INFORMATION: SAGE Publications, Inc. 2455 Teller Road Thousand Oaks, California 91320 E-mail: [email protected] SAGE Publications Ltd. 1 Oliver’s Yard 55 City Road London, EC1Y 1SP United Kingdom SAGE Publications India Pvt. Ltd. B 1/I 1 Mohan Cooperative Industrial Area Mathura Road, New Delhi 110 044 India SAGE Publications Asia-Pacific Pte. Ltd. 3 Church Street #10–04 Samsung Hub Singapore 049483 Library of Congress Cataloging-in-Publication Data Names: Cohen, Elliot D., author. | Cohen, Gale Spieler, author. Title: Counseling ethics for the 21st century: a case-based guide to virtuous practice / Elliot D. Cohen, Indian River State College, Gale Spieler Cohen, Indian River State College. Description: Thousand Oaks, Calif.: SAGE, [2019] | Includes bibliographical references and index. Identifiers: LCCN 2017044642 | ISBN 9781506345475 (pbk.: alk. paper) Subjects: LCSH: Counselors—Professional ethics. | Counseling psychologists—Professional ethics. | Counseling—Moral and ethical aspects. | Counseling psychology—Moral and ethical aspects. Classification: LCC BF636.67 .C64 2019 | DDC 174/.91583—dc23 LC record available at https://lccn.loc.gov/2017044642 Printed in the United States of America This book is printed on acid-free paper. Acquisitions Editor: Abbie Rickard Editorial Assistant: Jennifer Cline Production Editor: Laureen Gleason Copy Editor: Deanna Noga Typesetter: Hurix Digital 5 Proofreader: Susan Schon Indexer: Mary Mortensen Cover Designer: Scott Van Atta Marketing Manager: Jenna Retana 6 Contents Preface Acknowledgments Introduction What Is Counseling Ethics? Codes of Ethics and Law References Part I Becoming a Virtuous Therapist Chapter 1 Building Character: Virtues of Excellent Practitioners What Being Virtuous Means The Counselor Virtues Questions for Review and Reflection Cases for Analysis References Chapter 2 Being Trustworthy A Client Who Tests Her Therapist’s Trustworthiness Maintaining Trust in a Client Who Tests Her Therapist’s Commitment A Suspicious, Apprehensive Client Establishing Trust With a Suspicious, Apprehensive Client Questions for Review and Reflection Cases for Analysis References Part II Resolving Ethical Issues Chapter 3 Applying Ethical Standards A Clash of Values Inside a Fundamentalist Christian Family The Standards: An Overview Responsibilities to Clients Applying the Ethical Standards to the Case of Shelly Questions for Review and Reflection Cases for Analysis References Chapter 4 Using an Ethical Decision-Making Process A Case of a Hateful Client What a Moral Problem Is The Six Steps of Ethical Decision Making Questions for Review and Reflection Cases for Analysis References Part III Navigating Key Concepts: Confidentiality and Informed Consent Chapter 5 Exercising Discretion A Case of a Dangerous Client Ethical Limits of Confidentiality: Professional Codes of Ethics The Legal Limits of Confidentiality Decision Making in the Case of Arty Confidentiality and Privileged Communication Questions for Review and Reflection Cases for Analysis References Chapter 6 Being Candid and Honest A Case of Suspected Child Abuse 7 Legal Limits of Informed Consent When Is Informed Consent Informed? Circumstantial Information as Part of Informed Consent Capacity as a Condition of Informed Consent Informed Consent and the Termination of Therapy Informed Consent in Couples and Family Counseling Informed Consent and Therapist-Client Trust Questions for Review and Reflection Cases for Analysis References Part IV Empowering and Advocating for Vulnerable Populations Chapter 7 Empowering Adult Victims of Domestic Abuse A Physically Abused Client Empowering a Physically Abused Client An Emotionally Abused Client Empowering an Emotionally Abused Client Questions for Review and Reflection Cases for Analysis References Chapter 8 Exercising Courage in Protecting Children A Case of Advocacy for Victims and Their Families Questions for Review and Reflection Cases for Analysis References Part V Counseling Across Multiple Roles and Cultures Chapter 9 Being Loyal and Fair to Clients Conflicts of Interest A Case of Sexual Attraction to a Client Sexual Relations With Current Clients Sexual Relations With Former Clients Sexual Attraction to Clients Online Relationships Bartering for Fees Pro Bono Counseling Services Sliding Scales Receiving Gifts From Clients Questions for Review and Reflection Cases for Analysis References Chapter 10 Being Respectful Across Diverse Cultures A Case of Cross-Cultural Counseling The Role of the Supervisor Barriers to Resonating With the Client’s Phenomenological World Client Informed Consent in the Supervisory Context The Supervisory Relationship Online Supervision Questions for Review and Reflection Cases for Analysis References Part VI Counseling in Cyberspace Chapter 11 Being Diligent in the Digital Age The Primary Purpose of Counseling Records 8 What Counseling Records Include The Hacking of a Vulnerable Network The HIPAA Security Rule Maintaining and Destroying Records Questions for Review and Reflection Cases for Analysis References Chapter 12 Providing Competent Online Counseling Services A Case of a Suicidal, Online Client State Law and Ethical Responsibility Interstate Agreements Three Possible Models for Resolving Instate Conflict and Ambiguity Informed Consent in Distance Counseling Practicing Responsibly in Cyberspace Questions for Review and Reflection Cases for Analysis References Part VII Defining Limits of Confidentiality Chapter 13 Being Benevolent A Terminally Ill Client Contemplating Suicide The Conventional Moral View of Suicide Rational Suicide Legal Concerns Applying the Ethical Standards Qualifications for Conducting End-of-Life Counseling Permitted Suicide With Irremediably Ill Patients Who Are Not Terminally Ill Standards for Permitting Suicide in Mental Health Practice Questions for Review and Reflection Cases for Analysis References Chapter 14 Being Nonmalevolent HIV and AIDS Discrimination Against Persons With HIV The Case of an HIV Positive Client and His Unsuspecting Fiancée The Ethical Challenge State Professional Regulations Respect for Client Self-Determination Facilitating Client Self-Disclosure Therapist Disclosure Building Trust and Preventing Harm Questions for Review and Reflection Cases for Analysis References Index About the Authors 9 10