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Counselor Ethics and Responsibilities Paper

Sammie Jewett

College of Humanities and Social Sciences, Grand Canyon University

CNL 505: Professional Counseling, Ethical, and Legal Considerations

Dr. Wade

August 9th, 2023

Ethics and Responsibilities

Counselors have a duty to consider the ethics involved in every situation they are

presented with; they are to have ethical decision-making skills. Responsibilities are vast but

understandable. Counselors must abide by what is best for their clients and be responsible for

creating a safe environment. As the ACA code of ethics helps counselors understand the ethical

responsibilities they are to uphold, section A, the introduction to the code of ethics, states that

Counselors help clients grow and promote healthy relationships. Trust is a significant portion of

the counseling relationship; they are responsible for respecting and providing privacy and

confidentiality (American Counseling Association, 2014). Throughout this paper, a variety of

ways Counselors implement ethics and responsibility will be further identified, such as the role

of protecting client rights, responsibility to protect, record keeping, self-care, advocacy, and

Counselor values.

The Counselor’s Role in Protecting Client Rights

Autonomy

Autonomy is the principle that represents self-determination. It embodies the

understanding of freedom in action and can be shown in Counseling by helping clients create a

path of decision-making and standing on their own two feet with choices when Counselors can

assess whether the client is ready. Counselors can better do this by establishing how the client's

decisions and values create an impact beyond them in society (American Counseling

Association, n.d.).

Nonmaleficence

Nonmaleficence is a critical principle establishing “do no harm.” It is ethically essential.

Counselors implement this principle by weighing out factors associated with what may be
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harmful to the client. By not engaging in potential actions that can be harmful and by not

purposefully inflicting harm, the counselor is protecting the client at all costs (American

Counseling Association, n.d.). An example may be discussing a topic the client has said they do

not want to discuss; perhaps they want to discuss a specific feeling. The counselor's job is to

provide an impact, but not so much so it makes the client feel uncomfortable or harmed.

Beneficence

Beneficence is the principle that upholds doing good and being proactive to contribute to

the client's welfare. It can be like nonmaleficence as it also implies no harm. Counselors can

implement beneficence by using preventative measures and early intervention to better the client

and look out for them in specific ways (American Counseling Association, n.d.). Counselors may

only sometimes see how they can be preventative; however, they will learn how to apply

beneficence in time.

Justice

Justice creates a principle of treating everyone equally and sometimes others differently.

A counselor will have rational reasoning as to why a client may need to be treated differently. An

example is if a client is blind, they would be given an informed consent form in braille vs. the

standard form (American Counseling Association, n.d.). It is a matter of applying what. It is

ethically correct for each client’s differences. It does not mean someone is treated differently

within treatment; they will have the same respect anyone else would be given.

Fidelity

Fidelity is an essential principle as it pertains to loyalty and faithfulness. There must be

trust the client has in a counselor and the therapeutic process for it to be beneficial and for

growth. This means the Counselor must refrain from threatening the trust being built in any way
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(American Counseling Association, n.d.). It benefits the client and the Counselor when a bond is

created; it maintains the treatment to be implemented.

Billing

To meet the HIPPA requirements in terms of billing, health information is used and

disclosed to verify insurance and process claims. Counselors must inform clients of their rights

to inspect and copy medical records. However, a Counselor can deny this request (American

Counseling Association, n.d.). Written disclosure from the counselor is also given to the client,

including fees and payment (Grand Canyon University, n.d.).

Right to Privacy

Clients are given the informed consent form to establish confidential access the

Counselor must authorize. However, the client has the right to privacy, meaning their

information stays private. As HIPPA also clarifies, clients must be aware of billing and

protecting medical records, contact information, complaints, and policy change (American

Counseling Association, n.d.). The informed consent document defines boundaries and declares

the nature of the counselor-client relationship. Counselors are responsible for reasonably

disclosing the significant facts presented to them, as well as other factors, such as consequences

(Corey et al., 2019).

HIPPA Compliance and Board Requirements

Counselors are to comply with HIPPA guidelines and understand that their clients must

be informed of their rights and that their information is protected; there can be times information

can be less confidential, and the client must know this as well (American Counseling

Association, n.d.). The National Board for Certified Counselors establishes that Counselors must

gain the permission of a parent or legal guardian if the individual is a minor to disclose
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information and to gain an informed consent form to release information (NBCC, 2023).

However, this is different for an individual that is not a minor; it is of their choosing.

Responsibility to Warn and Protect

Doctors and mental health professionals are to maintain the confidentiality of any

information disclosed to them from patients. Depending upon state and federal law, healthcare

providers can be liable for breaching confidentiality. The exception of being held liable can be

determined by protecting potential victims from a patient if they have violent behavior. In

Washington State, where I reside, Counselors have a duty to warn/protect, which is mandatory.

In a different State, such as North Dakota, there is no duty to protect/warn (NCSL, 2022). It can

seem contradictory for a Counselor to create trust within confidentiality and then break it;

however, if someone else is in danger and the Counselor is aware, the only answer is for that

information to be shared. Counselors are responsible for protecting those they encounter, even if

it’s beyond their patients.

Client Record Keeping

Record keeping will depend on State and federal laws. Counselors have an ethical

responsibility to maintain records. Records are to be organized, and any individual, such as

supervisees and billing personnel, are trained and will follow ethical and legal standards. The

client's file will contain identifying data, contact information, fees, billing, documentation of

informed consent, documentation of any mandated disclosure, presenting complaint, diagnosis,

treatment plan, health, and development. The correct security procedures protect against

unauthorized access to the records. If something occurs, a Counselor could face malpractice

(American Psychological Association, n.d.). In terms of the Client’s rights, Counselors are

required by HIPPA to provide a document that establishes how the release of confidentiality is
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handled and what privacy looks like in such an environment (American Counseling Association,

n.d.).

Self-Care

Section C of the ACA Code of Ethics states that Counselors should engage in self-care

activities to promote overall health (American Counseling Association, 2014). To implement

self-care to have a balanced professional and personal life, I must maintain my social bonds with

loved ones and always make time for them when possible. I will continue attending church,

exercising, getting out in nature, and traveling when possible. I have considered attending a yoga

class, which I may implement in the future. To be a counselor is rewarding on its own, but I must

also continue to enjoy my life along the way when it’s my free time. Red flags may be frustration

with possible personal life occurrences or work environment experiences; it’s essential to stay

calm in these moments and determine a soothing activity or perhaps experience, such as trying a

new restaurant, to create a more positive environment and eliminate that red flag. I think

counselors should receive personal counseling. I have received counseling, and it was a fantastic

experience. There are various Counselors in my area, and the primary location is Comprehensive

Health Care, located at 402 E 1st St, Cle Elum, WA 98922.

Advocacy

Within the American Counseling Government Affairs and Public Policies, regarding

advocacy within “Career Counseling,” there is a desire to increase investments within colleges

and counseling programs. The government affairs have established that they will help by

supporting federal legislation to create opportunities to fund college and career counseling

programs. They will also motivate Congress to prioritize critical investments in career

counseling, which will help students (American Counseling Association, 2023). I am passionate
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about creating opportunities for Counselors, and I think a bill such as this creates opportunity.

Getting involved may look like being in a Counseling role and helping educate students or

supervising to continue this education and counseling program. We are encouraged to advocate

for social justice and create an impact; it is a pivotal part of our social identity (Grand Canyon

University, n.d.). According to the ACA code of ethics under A.7.a, “Advocacy,” Counselors

advocate individually and in societal settings. They will address obstacles that halt the growth of

clients (American Counseling Association, 2014).

Counselor Values

Assisted suicide is a somber topic and can be hard to wrap our heads around. Hearing

someone say they would like to end their life is complicated. I would support Eleanor’s decision,

no questions asked. Having had two family members who suffered through terminal cancer, one

of which was 85, changes one’s perspective on suffering and death. Eleanor has made a big

decision that she feels at peace with. I believe if someone is in severe pain and they are looking

at the end of their life in a manner where it is destined to be soon due to illness, they should be

allowed this choice of freedom. Adding my Christian belief into the mix, I don’t think God

would want us to end our lives before our time is up, as it’s not on his clock. Yet, if this is

someone's wish, regardless of religion or opinion, this person has made the decision they find

best for themselves. As her counselor, it is my place to help her give her family perspective. I

would help a client differing from my advocacy group the same way I’d help anyone else. The

ACA code of ethics, specifically B.2.b “Confidentiality Regarding End-of-Life Decisions”

Counselors treating patients that may be hastening their end-of-life process can keep the

information confidential depending on laws and circumstances. (American Counseling

Association, 2014). Counselors must keep an open mind and be flexible in their different
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settings, even if it’s not their prioritized values or beliefs. I think with Eleanor’s blessing; it

would be best to have a family session where she can express her wishes with the Counselor in

the room to advocate for her and express understanding of the difference of opinion or belief in

the matter at the end of the day it is what Eleanor wants.

Conclusion

In conclusion, a Counselor has many roles and duties that must be upheld to an ethical

standard. Client’s rights are to be established and always protected if there Is any indication that

information must be displayed and confidentiality must no longer be upheld; communicating

with a supervisor and looking through the ACA code of ethics can help establish further the

correct steps to take. Counselors are responsible for warning and protecting depending upon the

state and maintaining and keeping client records confidential. Counselors can advocate for a

group they find passion in and always advocate for their clients. Taking the time to understand

self-care can significantly impact a client’s professionalism. Overall, a Counselor must keep

within the ethics they have been taught and create a safe space for their clients, including

securing their information.

References

American Counseling Association. (2014). Code of Ethics.

https://www.counseling.org/docs/default-source/default-document-library/2014-code-of-

ethics-finaladdress.pdf?sfvrsn=96b532c_2

American Counseling Association. (2023). ACA legislative agenda.

https://www.counseling.org/docs/default-source/government-affairs/2023-aca-legislative-

agenda.pdf

American Counseling Association. (n.d.). Meeting HIPPA requirements.

https://www.counseling.org/Kaplan/hipaa.pdf

American Counseling Association. (n.d.). Practitioner’s guide to ethical decision making.

https://www.counseling.org/docs/default-source/ethics/practioner-39-s-guide-to-ethical-

decision-making.pdf?sfvrsn=f9e5482c_10

American Psychological Association. (n.d.). Record keeping guidelines.

https://www.apa.org/practice/guidelines/record-keeping

Corey, G., Corey, M. S., & Corey, C. (2019). Issues and ethics in the helping professions (10th

ed.). Brooks/Cole Cengage Learning. ISBN-13: 9780357690048.

Grand Canyon University (n.d.). GCU Counseling World. Home. https://cce.gcu.edu/

National Board for Certified Counselors. (2023). Code of Ethics.

https://nbcc.org/Assets/Ethics/NBCCCodeofEthics.pdf
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National Conference of State Legislature. (2022). Brief mental health professional’s duty to

warn. https://www.ncsl.org/health/mental-health-professionals-duty-to-warn