Ethical and Legal Considerations Ethically, counselors are bound to practice in accordance to the ACA Code of Ethics. Throughout the various sections there are references to ethical codes a counselor should follow when devising a treatment plan for a client. In the very first section, Code A.1.c titled “Counseling Plans” states that “counselors and their clients work jointly in devising counseling plans that offer reasonable promise of success and are consistent with the abilities, temperament, developmental level, and circumstances of clients”. This highlights the importance of counselors assuring that each individual treatment plan is congruent with the clients’ needs and personal goals. The second part of this code states that “counselors
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A counselor will not be excused from breaking the law simply because they were unaware of the legal requirements. Some important legal guidelines to consider when working on treatment plans for clients might be confidentiality, Health Insurance Portability and Accountability Act (HIPPA), and malpractice. It is important for a counselor to be aware of the legal requirements of confidentiality. According to Corey, Corey, Corey, and Callahan, there are ethical and legal obligations a counselor must adhere to when dealing with client confidentiality. A counselor is legally bound to keep client information from “unauthorized disclosures of information given in the therapeutic relationship”. Counselors can only disclose information when they are “authorized by law or by the client” (2015, pg. 206). HIPPA is a “federal law” that allows “patients more rights and control over their health information”. Counselors are not only responsible for explaining to clients about their records, but HIPPA also includes conditions regarding “client privacy, informed consent, and transfer of records” (2015, pg. 219). Not following HIPPA regulations can result in serious legal ramifications. Malpractice is a term that indicates a “failure to render professional services or to exercise a skill that is ordinarily expected of other professionals”. Malpractice includes “alleged negligence” on the part of the counselor and can result in the client becoming injured or losing their life. Some of the reasons a counselor may be convicted with a malpractice suit, in regards to treatment planning, can include: “the practitioner used a technique that he or she was not trained to use”, the counselor “could have used a more helpful procedure”, “informed consent to treatment was not obtained or not documented”, and “the professional did not explain the possible consequences of the treatment” (2015, pg.
A counselor will not be excused from breaking the law simply because they were unaware of the legal requirements. Some important legal guidelines to consider when working on treatment plans for clients might be confidentiality, Health Insurance Portability and Accountability Act (HIPPA), and malpractice. It is important for a counselor to be aware of the legal requirements of confidentiality. According to Corey, Corey, Corey, and Callahan, there are ethical and legal obligations a counselor must adhere to when dealing with client confidentiality. A counselor is legally bound to keep client information from “unauthorized disclosures of information given in the therapeutic relationship”. Counselors can only disclose information when they are “authorized by law or by the client” (2015, pg. 206). HIPPA is a “federal law” that allows “patients more rights and control over their health information”. Counselors are not only responsible for explaining to clients about their records, but HIPPA also includes conditions regarding “client privacy, informed consent, and transfer of records” (2015, pg. 219). Not following HIPPA regulations can result in serious legal ramifications. Malpractice is a term that indicates a “failure to render professional services or to exercise a skill that is ordinarily expected of other professionals”. Malpractice includes “alleged negligence” on the part of the counselor and can result in the client becoming injured or losing their life. Some of the reasons a counselor may be convicted with a malpractice suit, in regards to treatment planning, can include: “the practitioner used a technique that he or she was not trained to use”, the counselor “could have used a more helpful procedure”, “informed consent to treatment was not obtained or not documented”, and “the professional did not explain the possible consequences of the treatment” (2015, pg.