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Chapter 8: Ethical and Legal Considerations in Counseling
Multiple Choice
The difference between ethical codes and laws is that:
a. Ethical codes promote professional competence of counselors, whereas laws
protect the public safety
b. Laws promote professional competence of counselors, whereas ethical codes
protect the public safety
c. Ethical codes must legally be followed, whereas laws provide moral guidance
d. Ethical codes and law are identical in the counseling profession
What is the definition of laws?
a. Guidelines for how counselors behave as counseling professionals
b. Codes of conduct for how counselors should behave in public
c. Agreed upon rules of society
d. Enforceable ethical codes that are differences for each profession
Counselors who are found in violation of ethical standards may face consequences
such as:
a. Monetary fines
b. Incarceration
c. Employment transfer
d. Loss of professional license
Which is the following grants students and parents the right to inspect education
records and file a complaint if there is a disagreement in the records?
a. HIPAA
b. NCLB
c. PPRA
d. FERPA
The administrative simplifications (AS) provisions of HIPAA requires:
a. Standards for health care transactions
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b. Standards for national identifiers of providers, insurance plans, and
employers
c. Standards for security and privacy of health data
d. All of the above
__________________________ is the cornerstone of the counseling profession.
a. Informed consent
b. Duty to warn
c. Confidentiality
d. Mandated reporting
Exceptions of confidentiality include all of the following except:
a. Risk of harm to others
b. Risk of harm to self
c. Abuse
d. When parents request information about their child’s treatment
Counselors cannot guarantee that confidentiality will not be broken for all of the
following except:
a. Individual counseling
b. Group counseling
c. Marriage and family counseling
d. Couples counseling
Mandated reporting refers to:
a. Reporting suspected abuse or neglect of children
b. Reporting counseling malpractice
c. Reporting breaches of confidentiality
d. Reporting court ordered disclosures
_________________ is a legal term used to describe the privacy of the communication
between the counselor and client.
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a. Confidentiality
b. Mandated reporting
c. Privacy
d. Privileged communication
Which of the following elements is not required to be in informed consent?
a. Alternative treatments that are available
b. Effectiveness of treatment
c. Nature of treatment
d. Risks and benefits of treatment
What is the purpose of informed consent?
a. Allow clients or research participants to understand the potential risks and
benefits involved in treatment
b. Provide a treatment that otherwise would not be available to clients or
research participants
c. Inform clients or research participants of the financial cost of the treatment
d. Inform clients or research participants how long the treatment will take
Duty to warn refers to the responsibility of:
a. Counselors informing supervisors of potentially violent clients
b. Counselors breaching confidentiality to warn victims of potential violence
c. Supervisors breaching confidentiality if counselors warn them of potential
victims of violence during supervision
d. Counselors informing parents of children under the age of 18 of aggressive
or violent intentions or behavior
If a counselor is practicing outside their scope of practice, it means that:
a. The counselor is practicing outside their education, experience, or
competency
b. The counselor is practicing in an area in which they are experts
c. The counselor is practicing in a related area in which they are experts
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d. The counselor is receiving supervision while practicing outside their
education, experience, or competency
When should a professional disclosure statement be discussed and signed with a
client?
a. During the first counseling session with the client
b. During the first meeting with the client
c. During termination with the client
d. During each session with the client
__________________________ informs the client about the counselor’s professional
background and the limitations of the professional relationship.
a. Limits of confidentiality
b. Informed consent
c. Mandated reporting
d. Professional disclosure statement
Minor consent laws cover all of the following except:
a. Sexual orientation issues
b. Reproductive health issues
c. Substance abuse issues
d. Mental health issues
Dual relationships between counselors and clients (or former clients) are
particularly difficult to avoid in:
a. Community mental health agencies
b. Communities that are small and rural
c. Communities that have a high prevalence rate of mental health difficulties
d. Schools
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Which of the following ethical dichotomies focuses on one eternally true and valid
moral code that applies to everyone versus the view that what is right or wrong is
not absolute?
a. Utilitarianism vs. deontology
b. Egoism vs. altruism
c. Principle ethics vs. virtue ethics
d. Ethical absolutism vs. ethical relativism
Which of the following ethical dichotomies emphasizes morals and responsibility
that includes rules and consequences vs. an emphasis on character?
a. Utilitarianism vs. deontology
b. Egoism vs. altruism
c. Principle ethics vs. virtue ethics
d. Ethical absolutism vs. ethical relativism
An _______________________ is a situation that involves conflicting or opposing principles
without an obvious right or wrong answer.
a. Ethical dilemma
b. Ethical situation
c. Ethical dichotomy
d. Ethical principle
What is the purpose of ethical decision making models?
a. To inform counselors of the correct decision to make when faced with an
ethical dilemma
b. To provide guidelines for how counselors should behave as counseling
professionals
c. To help counselors make informed and appropriate decisions when faced
with an ethical dilemma
d. To remind counselors of their ethical options when faced with a dilemma
The term that means “do no harm” is:
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a. Beneficence
b. Justice
c. Nonmaleficence
d. Fidelity
An example of a counselor utilizing an empirically validated treatment that has been
demonstrated to enhance the well-being of a client is:
a. Autonomy
b. Beneficence
c. Justice
d. Nonmaleficence
Which of the following ethical decision making models includes seven steps to assist
in making difficult ethical decisions?
a. ACA Model for ethical decision making
b. Welfel’s model for ethical decision making
c. Corey, Corey, and Callanan’s model
d. Kitchener’s ethical principles
Welfel indicated that being ethically ___________________ goes beyond knowing and
following the rules and believed that it is a core aspect of professional counselors’
work and life.
a. Diverse
b. Sensitive
c. Evaluative
d. Nonmaleficent
Which ethical decision making model asks the questions “which value do I rely on ad
why?” and “how do my values affect my work with clients?”
a. Kitchener’s ethical principles
b. ACA Model for ethical decision making
c. Welfel’s model for ethical decision making
d. Corey, Corey, and Callanan’s model
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Compared to the other ethical decision making models, the feminist approach:
a. Considers the social context of the counselor and client
b. Focuses solely on gender issues related to the counselor and client
c. Monitors dual relationships
d. Encourages consultation between supervisees and colleagues and more
experienced counselors
The Feminist Therapy Group states five areas of importance in their code of ethics.
This includes:
a. Cultural diversity and oppression, power differentials, overlapping
relationships, counselor’s accountability, and social change
b. Identify the problem, identify possible issues involved, know applicable
laws and codes, obtain consultation and choose best course of action
c. Autonomy, nonmaleficence, beneficence, justice, and fidelity
d. Have sufficient knowledge and skills, respect human dignity, use power
responsibly, promote public confidence in mental health professions,
embrace diversity
The following are considered ethical dilemmas with Facebook and counseling
except:
a. Dual relationships
b. Scope of practice
c. Privacy
d. Confidentiality
True/False
Professional counselors must rely on both ethical codes as well as state and legal
requirements to guide actions with clients.
Laws carry punishments for violations.
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Laws impacting the profession of counseling are the same across all 50 states.
Health records in school that are covered under FERPA are excluded from HIPAA.
Confidentiality belongs to the counselor, not the client.
Parents have the right to know what their child discusses in counseling, therefore
counselors must report specifics of sessions to parents.
Across all states, mandated reporting refers to reporting abuse of children, the
elderly, and domestic violence.
There are serious consequences if an abuse or neglect report is made that does not
turn out to be verified.
Privileged communication only applies to testifying in a court of law.
Informed consent must be given voluntarily and the individual providing consent
must be considered competent.
The legal precedent of the concept of duty to warn was set by the case of Jablonski
by Pahls vs. United States (1976).
Professional competence defines the procedures, actions, and processes that are
permitted for the licensed individual.
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Dual relationships are the most frequent complaint filed against counselors.
When the ACA model for ethical decision making is utilized, counselors may arrive
at different decisions and actions.
Autonomy, nonmaleficence, beneficence, justice, and fidelity are often in opposition
to each other.
Internet counseling is illegal in almost all 50 states.
Short-Answer/Essay
What is FERPA?
What are some purposes of an ethics code in professional counseling?
The textbook discusses the top 10 ethical and legal concepts in professional
counseling. List these concepts and briefly describe them.
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According to Welfel (2012), what are the four main dimensions of professional
ethics?
What are the seven steps in the ACA model for ethical decision making?
List the 10 steps in Welfel’s model for ethical decision making.
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Describe some ethical dilemmas that surround Facebook and counseling.