Background and Basic Concepts
The counselling field is gaining momentum and popularity by the day as more people require the service. The profession impacts many individuals and must therefore be aligned with ethical and legal frameworks to ensure that all counselors operate within an acceptable ethos. Chapter three of Capuzzi & Gross’s Introduction to the Counselling Profession focuses on the legal and ethical guidelines for good professional behavior. Application of the concepts is critical for effective performance in the discourse.
The chapter is basically meant to interlink ethics and legal issues in the guidance and counselling profession. Ethics concerns the questions that arise from the basics of life. Further, as other disciplines emerged, the term professional ethics was coined to ensure that every sentence had a set of rules and guidelines to help them deliver on their mandate. The distinction between aspirational and mandatory ethics shapes the chapter’s trajectory as it examines legal and ethical considerations in the counselling profession.
Interpersonal Violence
Counselors constantly interact with patients face-to-face and must behave appropriately. Any inappropriate behaviors displayed by the psychotherapist constitute interpersonal violence and may jeopardize the healing process. It is imperative to note that all counselling-related issues are reported to the relevant regulatory bodies, and counselors may face disciplinary action, including dismissal from the service.
Psychotherapists must therefore be aware of the ethical and legal considerations when dealing with patients to maintain high ethical and professional standards. Counselors must maintain both ethical and legal standards associated with the profession to avoid interpersonal violence, as they will “face litigation whenever they break the law even if the action was unintentional” (Capuzzi & Gross, 2020, p. 74). The therapists must therefore abide by the established ethical and legal guidelines to ensure that they are not compromised.
Conflicting Values
Conflicting values arise when the law provisions contradict the ethical framework. For example, a client struggling with LGBTQ issues may be caught between their pursuit of happiness and traditional Christian values against their sexual orientation. Dilemmas always jeopardize the effectiveness of service delivery. The counselor must have the fundamental knowledge of the ethics and legal framework that helps people identify and align the challenge with an acceptable solution. Combining the two allows the therapists to solve problems despite existing conflicts.
Working with Students
Students have different levels of understanding and must be treated as a search during counselling sessions. For example, when therapists meet students of different grades, the choice of words and context varies. Similarly, understanding the legal and ethical frameworks helps people be served according to their specific needs. It is imperative to note that whenever people seek services in various capacities, knowledge of ethics and legal issues in the profession helps categorize the services according to the individuals.
Cultural Sensitivity
Globalization and migration have changed societal composition, making it now composed of people from different cultures, and diversity is paramount. Cultural awareness and intelligence are enshrined in the ethical and legal framework of the counselling profession. Once people are aware of the differences and appreciate them, it will be possible to overcome the challenges in the discourse (Capuzzi & Gross, 2020). A therapist’s success depends on their ability to recognize differences and ensure they do not affect productivity. Ethical and legal considerations are quintessential for delivering services in the counselling profession.
Legal Communication
Communication is crucial in ensuring that counselling is effective in due course. Counselors must understand the various communication methods to ensure compliance with the law in all aspects. Verbal, non-verbal, and written communication must always align with ethics for better outcomes in discourse. Counselors must therefore ensure they communicate in a manner well aligned with human needs.
Counselor Competence
Counselling is a dynamic profession in which counselors meet patients from diverse walks of life. However, good performance is assured when the councillors have the required competence. The American Counselling Association code of ethics, coined in 2014, stipulates the required and acceptable behaviors for people to deliver better services (Capuzzi & Gross, 2020). The code of ethics includes all the ethical and legal factors that must be incorporated into a person’s discipline to improve performance in discourse.
Counselor Ethics and Variations of Counselling
Counselling covers a broad spectrum, with people with varying needs receiving services from the same providers. Although counselors may specialize in working with a specific population, they are expected to know how to work with diverse groups, including families, work groups, and school settings, and to adhere to counselling ethics (Capuzzi & Gross, 2020). Some specific laws and regulations must be applied in the counselling domain to address all variations in discourse.
Confidentiality
One essential factor in counselling is ensuring maximum confidentiality. Aspects of confidentiality and secrecy encourage patients to participate in subsequent sessions. Confidentiality is an ethical and legal issue when counselors are held responsible for disclosing confidential information. Regardless of what people do in the counselling profession, all their actions and inactions must be motivated by the dictates of the ethical and legal framework.
However, it is imperative to note that there are exceptions, such as in the case of danger. In issues such as HIV, where confidentiality is needed, the three aspects of informed consent, competence, information, and voluntariness must be highlighted. It is imperative to note that as technology use increases, more research must be conducted to ensure quality. A client can choose the counselor to work with in the discourse.
References
Capuzzi, D., & Gross, D. R. (2020). 3 Ethical and Legal Consideration in Counselling. In Introduction to the counselling profession (pp. 72–93). Cognella, Inc.