Chapter 16: Resolving Legal and Ethical Issues
1. It is impossible for counselors to understand all aspects of the law but the best advice for
counselors who face legal questions is to
a. listen to their lawyer and do what the lawyer says.
b. educate themselves about the law and avoid lawyers.
c. obtain licensure to protect themselves.
d. purchase minimal professional liability insurance coverage.
e. avoid problems by always doing things in such a way that no one could ever
complain.
2. Most legal issues faced by counselors involve
a. improper conduct complaints filed against them.
b. malpractice.
c. acting as a witness in litigation concerning other people.
d. law suits involving insurance fraud.
e. sexual relationships with clients.
3. When you have an ethical question and you are having trouble making a decision, you
should
a. consult with colleagues.
b. take advice from an attorney.
c. ask the ethics committee of the state branch of ACA.
d. consult a licensing board.
e. avoid mention of your decision-making process in your case notes.
4. Counselors engage in many activities that could result in ethical complaints against them.
They must report
a. cases of suspected child abuse.
b. clients who commit minor crimes.
c. child custody evaluators who are biased.
d. breaches of confidentiality by counseling group members.
e. directives from a supervisor that seem ill-advised.
5. A counselor who is dealing with an angry client who is threatening to sue the counselor
should
a. respond directly to the person making the threat, if possible.
b. calm the person down, if possible, and listen to the concerns.
c. be careful and not admit to wrongdoing.
d. not say anything you would not want repeated or would not want to repeat yourself
under oath at a later time.
e. all of the above.
6. The primary purpose of the ACA Code of Ethics is
a. to guide our own behavior.
b. to address in an appropriate manner the behavior of other mental health professionals
that appears to be unethical.
c. to set standards for ethics committees to use when complaints are filed.
d. to provide a means of punishing unethical counselors.
e. to prove to the public that counselors are professionals.
7. When local chapters, state branches, regions, and divisions of ACA receive ethical
complaints against members, they refer them to
a. the supervisor of the counselor.
b. the American Psychological Association ethics committee.
c. the state licensing board.
d. a certification board.
e. the national ACA ethics committee.
8. If you believe another counselor is behaving in an unethical manner, the first thing you
should do is
a. report the matter to the counselor’s administrative supervisor.
b. discuss the matter with the counselor and attempt to get him or her to change the
behavior.
c. file a complaint with the state licensure board.
d. file a complaint with the American Counseling Association Ethics Committee.
e. attempt to get another counselor to go with you to the counselor to confront him or
her regarding the issue.
9. If you determine that another counselor is engaging in an illegal activity,
a. you must report the crime to the police.
b. you should tell the counselor’s administrative supervisor immediately.
c. you should inform the counselor you are aware of the illegal activity and demand that
the counselor refrain from such activity in the future.
d. you may decide to ignore the activity or take some kind of action, depending on the
situation.
e. since you are not legally obligated to report crimes to the police, you should not get
involved.
10. If a formal ethics complaint is filed against you, you should NOT
a. respond fully and in writing to each of the charges made.
b. contact the client who filed the complaint to see if you can work things out.
c. consult with an attorney.
d. submit as much documentation as you can that will help the ethics committee in its
deliberations.
e. contact your professional liability insurance carrier.
Chapter Sixteen