Deck 6: Ethical and Legal Issues in Clinical Mental Health Counseling

Question 1

When suspecting child abuse, it is the primary responsibility of the counselor, first and foremost, to:

A) preserve trust within the therapeutic relationship
B) report the suspicion
C) investigate the allegation
D) determine with the allegation is substantiated or unsubstantiated

Answer 1

report the suspicion

Question 2

In which of the following situations is it not appropriate to break confidentiality?

A) when a client is determined to be a risk to others
B) in legal proceedings for the involuntary hospitalization of a client
C) upon the request for information from the referral source
D) when you suspect child abuse

Answer 2

upon the request for information from the referral source

Question 3

Margaret is in a counselor education program and frequently discusses personal problems with her supervisor. In ethical supervisory relationships, the purpose of such self-disclosure would be:

A) for the supervisor to conduct individual counseling with Margaret.
B) to facilitate Margaret's ability to work successfully with clients.
C) to solve Margaret's problems so she can work more effectively with her clients.
D) to create necessary dependence for adequate supervision to occur.

Answer 3

to facilitate Margaret's ability to work successfully with clients.

Question 4

Which of the following statements is the best statement of accepted ethical guidelines regarding counselor social or personal relationships with clients?

A) Therapists are advised to avoid such dual relationships with clients.
B) Friendships with clients always have positive benefits for the therapeutic relationship.
C) Any form of relationship with a client always damages a therapeutic relationship.
D) Such dual relationships are not only unprofessional and unethical, but illegal.

Question 5

Professional licensure assures consumers that the licensee:

A) has successfully completed his or her own personal counseling.
B) has completed the maximum training available.
C) is very competent in all areas of professional practice.
D) has met the minimal requirements of education, training, and experience as identified in the specific state law.

Question 6

The overlap of the ethics codes and the law allows professionals to:

A) Pick and choose what fits their practice
B) Understand their right as professionals
C) Have specific guidelines on how to not be sued
D) Act autonomously, while protection the rights of others

Question 7

Professional competence in counseling is best demonstrated by all of the following except:

A) possession of several memberships to professional organizations (e.g., ACA. AMHCA, APA).
B) fulfillment of appropriate and/or required academic training as specified by the state and profession.
C) possession of state licensure in profession that you practice.
D) professional certification in the profession that you practice (e.g., CCMHC, NCC, etc.).

Question 8

Which of the following credentialing mechanisms provides the least protection to the public?

A) registry
B) certification
C) licensure

Question 9

Mental health counselors are obliged to monitor:

A) their own professional behavior as well as that of their peers
B) their own professional behavior
C) their client's behavior

Question 10

Legal rules for what the government considers to be illegal behavior is referred to as:

A) civil law.
B) criminal law.
C) federal regulations.
D) peer control mechanisms.

Question 11

Which of the following basic moral principles refers to the avoidance of doing intentional or unintentional harm?

A) veracity
B) beneficience
C) nonmaleficience
D) fidelity

Question 12

Which of the following basic moral principles refers to the practice of honoring commitments and keeping promises?

A) veracity
B) beneficience
C) nonmaleficience
D) fidelity

Question 13

The principle of informed consent is applicable mainly:

A) prior to the beginning stages of treatment.
B) at the initial stages of counseling.
C) during the action phase of counseling.
D) to all stages of the counseling process.

Question 14

It is usually adequate to gain the informed consent of clients by having them read and sign a sheet of information that discusses the concepts, procedures and implications of the counseling process.

Question 15

Which of the following situations may the client be unable to give informed consent to treatment?

A) the client is a minor and parental or guardian consent is required
B) the client is so impaired that he or she is unaware of the need for treatment
C) treatment is court-ordered
D) all of the above

Question 16

Which of the following terms or concepts refers to the legal obligation to protect clients against forced disclosure in a legal proceeding?

A) privacy
B) confidentiality
C) privileged communication
D) taking the 5^th amendment

Question 17

The right of confidentiality is an absolute.

Question 18

Counselors are ethically and legally required to break confidentiality when they determine that their clients:

A) made an attempt to commit suicide two prior to their session.
B) are actively thinking about committing suicide.
C) are actively thinking about committing suicide, have a plan, but do not presently have the means to commit the act.
D) represent a clear and imminent threat to themselves.

Question 19

When clients disclose that they have a disease known to be communicable and life threatening, the counselor:

A) is obligated by law to warn third parties who are potentially at risk.
B) are never obligated to break confidentiality in such cases.
C) may be justified warn identifiable third parties if they have evidence of the diagnosis and have evidence of the client's intent to engage in the potentially harmful behavior.
D) should call the client's primary physician since it is only an M.D. who can break confidentiality in these cases.

Question 20

Discuss the way in which ethical conduct of counselors promotes excellence in counseling.

Question 21

Discuss the ways in which codes of ethics are similar and different from state and federal law.

Question 22

An old friend from high school contacts you seeking mental health counseling services from you. How would you ethically and sensitively respond to this person? Clearly identify the specific ethical principles you would use in guiding your decision.

Question 23

Discuss why the principle of confidentiality is central to the counseling process. Describe how you would describe the concept and its limitations to a new client at the initial session.

Question 24

Describe how the American Counseling Association addresses members who commit specific ethical violations.

Question 25

Identify and describe three ethical principles that have unique application to the use of technology in professional counseling.