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Legal ethics essay
Legal ethics analysis
Ethical considerations and legal considerations
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This first portion of this paper will discuss what the author considers ethically, legally, and personally pertinent in addressing the issue of a client wanting to pursue a social relationship after therapy has terminated. It discusses how the author will proceed and things that would affect her decision about responsible professional practice. Given the scenario that the authors’ client has revealed that he or she is sexually attracted to me, the second portion of this paper will discuss how the author’s actions would differ if she were sexually attracted to her client in return. It will also discuss how the author would proceed with and what would affect her decisions about responsible professional practice.
The author’s client is terminating therapy because he or she lets her know that they would like to begin some form of social relationship after therapy has terminated. In response, the author explains to the client that she will allow a social relationship with her client only if it is beneficial to helping the continual positive progress of treating their issues. The American Psychological Association Ethical Principles of Psychologist and Code of Conduct Section 3.05 on multiple relationships states that a multiple relationship takes place when a psychologist is in a professional role with a person and at the same time is in another role with the same person. It also states that the psychologist is in a relationship with a person closely connected with the person whom the psychologist has the relationship with, or agrees to enter into another relationship in the future with connected with the person (Zur Institute, 2011). In addition, the author would proceed to explain to her client that she thinks it wo...
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...apy has been terminated. The author’s solution to this scenario is to discuss with the client that she will allow a social relationship with her client only if it is beneficial to helping the continual positive progress of treating his or her issues. In the second scenario where there is a mutual sexual attraction between the therapist and the client, the author suggests referring her client to another trusted psychologist and avoiding all contact with the client. If avoiding contact with the client is not possible after referral and contact is pursued, then the psychologist will be have the face the possibility of being sued for malpractice by her client. In the author’s opinion following ethical codes of conduct, being disciplined, setting boundaries and maintaining strict therapist-client relationship is the best policy for a responsible professional practice.
Counselor should never have a dual relationship with a client it can bring a lot of ethics issue that affect the client and counselor. According to ACA "A.6.b. Extending Counseling Boundaries Counselors consider the risks and bene ts of extending current counsel- ing relationships beyond conventional parameters. Examples include attend- ing a client’s formal ceremony (e.g., a wedding/commitment ceremony or graduation), purchasing a service or product provided by a client (excepting unrestricted bartering), and visiting a cli- ent’s ill family member in the hospital. In extending these boundaries, counselors take appropriate professional precau- tions such as informed consent, consul- tation, supervision, and documentation to ensure that judgment
In the mental health profession of counseling, therapy, psychology, psychiatric and social services ethical dilemmas are faced primarily on a daily basis. Being that mental health professionals are working with clients who are often fragile and vulnerable, they must develop an intense awareness of ethical issues. On the other hand, mental health professionals would never intentionally harm their clients, students or colleagues and others whom they work with. Unfortunately, good intentions are not enough to ensure that wrong doings will not occur and mental health professionals have no choice but to make ethically determined decisions. Depending upon the experience and expertise of the professional determines the outcome of the ethical circumstance. For example, if you were practicing mental health professional and had a friend who’s a licensed psychologist, who is invited to attend the wedding of a patient that she has been seeing in court-ordered therapy for a year; what advice would you give your friend?
Some complication of the ending phase mention in the text is that the relationship can be ended to early or the client can become angry or sad. I think that it is more likely that the client will become sad, because they have built a strong bond with their therapist.
The field of clinical mental health is one of great reward, but also one of grave responsibility. It is the duty of the counselor to provide the client with a safe environment and an open mind, in order to foster a healthy therapeutic relationship. The majority of mental health counselors would never intentionally harm their clients; however; good intentions are not enough to ensure that wrong will not occur. The ethical expectations and boundaries are regulated by both laws and professional codes. When discussing ethics, one must realize there are two categories, mandatory and aspirational. (Corey, Corey & Callanan, 2007)
...f dual relationship there was also a possibility of the client becoming dependant on the therapist which could be seen as unethical by the BACP (2010).
Sexual relationships with previous client, resident, patient, consumers are considered dual relationships and are addressed in Statement 6 (above). He might be falling for a client which may lead to a sexual relationship. For obvious reasons it will not be in the best interest of client in helping with their problems. Judgment, reasoning, and responsibility to his client is compromised.
Research has shown that a strong therapeutic alliance is necessary for establishing a beneficial contact between the therapist and the client. If the therapist does not encourage the creation of a reliable therapeutic alliance from the beginning of the treatment, it will be hard to develop a constructive relationship with the client later. Establishing the therapeutic alliance will increase the chances of achieving the goal of the treatment because the clients will be willing to cooperate if they trust and respect the therapist. Clients are not likely to cooperate with therapists who impose their authority aggressively. Instead of imposing their authority on the patient, therapists should develop work with their patients by building a mutual relationship based on trust, understanding, and respect for the client.
Mental illness is the only disease in which the government intervenes. We live in a society where mental health treatment is not always freedom of choice. People diagnosed with other illnesses, such as high blood pressure, diabetes, and asthma, are given the right to refuse medical treatment. Mentally ill people, that are at risk of harm to themselves or others and have a treatable mental illness, can legally be forced to receive treatment. Treatment can include involuntary hospitalization, institutionalization, and psychotropic medications that have severe side effects; which are often irreversible. We should not force mentally ill patients to receive treatment to control the symptoms of their disease.
The reason why your therapist shouldn’t be the same person whom you have had a sexual relationship with is grounded in empirical evidence of harm to clients and in the fundamental value of the profession. People normally enter therapy treatment when their self-esteem is compromised, emotional distress is high, and their interpersonal relationships are at risk. With that being said, people who are in this state of mind tend to be more vulnerable to harm from irresponsible professionals (Welfel, 2015). Additionally, sexual exploitation of clients by therapists is a deliberately unethical practice and can tremendously harm the client in the long run. As a therapist, their primary duty is to avoid harming the client in any possible way; having sexual relationships most certainly increases the degree of risk of harming a client. It is prohibited to have any sexual relationship with a current client and recommended to avoid any sexual contact even
Strasburger, L. H., Jorgenson, L., & Sutherland, P. (1992). The prevention of psychotherapist sexual misconduct: avoiding the slippery slope. American Journal of Psychotherapy, 46(4), 544-555.
This in turn could cause her to experience anxiety and even possibly depression. Conversely, this misinterpretation could also lead to an adverse outcome for the therapist such as a complaint to the psychology licensing board by the patient. This action may also lead to the therapist losing her ability to practice. Further still, if escalated, the boundary crossing could also potentially lead to additional violations of APA ethics codes, such as 3.5 Multiple Relationships, and 3.8 Exploitive Relationships. The boundary crossing could lead to a personal relationship between the client and patient and due to the unequal status between the therapist and patient; the patient will be at risk of harm. Subsequently, the therapist will be in a position to exploit the patient because of her knowledge of the patient’s deepest thoughts and feelings obtained during therapy. Therefore the therapist must take in consideration any foreseen harm, exploitation, and impairment that may result in giving the patient flowers. Lastly, in going about deciding what to do, the therapist should take all of these important factors into considerations and decide whether the potential benefits outweigh the
Ethical issues in psychology became increasingly important in the last part of twentieth century and are now firmly established as a significant part of modern psychology. They do not only feature as an area of study, but all psychological research is increasingly under scrutiny regarding its ethical implications. Studies which were previously considered as acceptable are no longer regarded to be so. Unethical psychological research from the past century as well as the development of newer ethical principles about the Australian psychological society, have impacted on changes in social and cultural values that discarded them from being acceptable. Therefore, the evolution of ethical principles and practice in psychology reflects changes in
Sexual relationships between counselors and clients should never ben permitted due to the power associated with the counselor’s role with clients. While ethical guidelines vary between different counseling associations as to whether it is acceptable for counselors to have sexual relationships with clients after the professional relationship has ended, in many cases these relationships continue to be prohibited. This standard is held because some believe that the powe...
Dialogical ethics states that, “ethics can be judged by the attitude and behaviors demonstrated by each participant in a communication transaction” (Neher & Sandin, 2017, pg. 90). Our personal definition of what is ethical develops as we continue to create dialogue with others. Dialogue relies on the individuals in the conversing relationship to strive for openness in which they can fully understand the views, beliefs, and experiences of the other (Neher & Sandin, 2017, pg. 90). Each person in a dialogical exchange is treated equally, but they are also valued for their uniqueness (Neher & Sandin, 2017, pg. 90). However, Carl Rogers contribution to dialogical ethics and psychology will be the focus of this concept for this dilemma.
In this case, the psychologist is presented with several ethical issues which could cause harm to the client. The first ethical issue that arose in this case is the potential for a role conflict. The psychologist and Mr. Hartwig had contact prior to the development of a therapeutic relationship when the psychologist bought a car from Mr. Hartwig. It may not be enough that the brief, informal relationship ended. The psychologist must assess the dimensions of the previous relationship from the viewpoint of the client as well as his/her own personal feelings (Koocher & Keith-Spiegel, 2008). For example, the client could feel that he gave the psychologist a good deal and that the psychologist was indebted to him. This could leave the psychologist vulnerable to being manipulated by the client. Or, what if the car broke down? This could leave the psychologist feeling cheated and resulted in hostile feelings toward the client. The psychologist has an ethical responsibility to examine both relationships for role incompatibility prior to forming a therapeutic relationship. The psychologist seemed to be aware that there was the potential role conflict resulting from their initial meeting, and he acted ethically by attempting to refer Mr. Hartwig to a Psychology Registry.