MD Counselor Law Test: Ch 3 Code of Ethics
Terms in this set (80)
What happens if a counselor engages in sexual misconduct with a client or supervisee?
A counselor who engages in sexual misconduct with a client or supervisee is subject to sanctions by the Board.
What constitutes a "sanction" by the Board?
a minimum disciplinary measure.
NOTE: a sanction does not preclude the Board from imposing additional penalties as it considers appropriate to an individual case.
Once the Board is appraised of a counselor's sexual misconduct, the Board shall inform _____ of a reprimand, suspension, or revocation of a license or certificate
What should a counselor if their client decides to report his or her sexual misconduct?
NOTHING!! A counselor may not prohibit a client from reporting sexual misconduct as a condition of settlement of a legal cause of action.
What happens if a counselor does not comply with the code of ethical conduct?
(1) they shall also be in violation of Health Occupations Article, §17-313, Annotated Code of Maryland, and
(2) subject to disciplinary actions.
What cannot be used as a defense against a charge of unethical conduct?
lack of knowledge, or misunderstanding of an ethical responsibility
A counselor is interested in implementing nontraditional treatment modalities using physical contact with a client. What pertinent information should be documented in the client's record?
(1) An assessment of a client;
(2) A written rationale for the use of the physical contact treatment modality for a client; and
(3) A copy of the informed consent, signed and dated by the client and the counselor
Informed consent for nontraditional treatment modalities using physical contact must address the following:
(a) The risks and benefits of the physical contact treatment modality;
(b) The objective or objectives and intended outcome or outcomes of the proposed treatment;
(c) Available alternative interventions; and
(d) A description of the physical contact which may be reasonably anticipated by a client in the course of the proposed treatment.
When is it considered unethical for a counselor to engage in nontraditional treatment modalities using physical contact?
when the risk of psychological harm to a client has been assessed to outweigh the possible benefits of the treatment, independent of a client's wishes.
A counselor may not engage in sexual misconduct with a client or supervisee.
Identify 5 examples of sexual misconduct:
(1) Inappropriate sexual language;
(2) Sexual exploitation;
(3) Sexual harassment;
(4) Sexual behavior;
(5) Therapeutic deception.
Concurrent sexual relationship, either consensual or forced, cannot exist between a counselor and ...
(1) A client;
(2) A student or supervisee over whom the counselor exercises professional authority, or maintains evaluative responsibility, supervision, or education in the professional relationship
(3) An individual with whom the client has a close personal relationship (e.g., relative or significant other), if there is a risk of exploitation or potential harm to the client.
yea or nay? Sexual Relationships with Former Clients?
NAY!! Except as set forth in §C(3) of this regulation, a counselor may not engage in sexual behavior with a former client.
Can a counselor terminate professional services or a professional relationship with a client in order to enter into a nonprofessional, social, or sexual relationship with a client or an individual with whom a client has a close personal relationship?
Under what conditions may a counselor enter into a relationship with a former client?
if contact with the former client was
(3) consultative, or indirect, and
(4) did not constitute a therapeutic relationship.
Are you considering take on a client who was your one night stand from 5 years ago?
Don't do it! A counselor may not provide professional services to an individual with whom a counselor has previously engaged in sexual behavior.
Who is a counselor not allowed to sexually harass?
(c) Supervisee; or
What should a counselor do if they are sexually harassed by a client?
(a) Seek professional consultation with another licensed health care professional;
(b) Redefine the professional plan of action in writing in a client's record, documenting all action taken in a client's treatment plan; and
(c) Terminate the relationship with the client and assist in a referral to another health care provider.
What are 3 examples of "therapeutic deception" of a sexual nature?
With respect to a client or an individual in a close personal relationship with a client:
(1) Engaging in sexual activity on the pretense of therapeutic intent or benefit;
(2) Representing that sexual contact or activity by or with a counselor is consistent with or part of a client's therapy; or
(3) Suggesting, recommending, or encouraging a client to engage in a sexually provocative act.
Identify 4 examples of sexually provocative acts:
(a) Sexual contact with a counselor;
(b) Genital stimulation by or of a client or counselor;
(c) Undressing, by or of a counselor in the presence of a client, or of a client in the presence of a counselor; and
(d) Discussion or disclosure of a sexually provocative or erotic nature, not necessitated by treatment or treatment protocol.
With regards to confidentiality and client records, a counselor shall maintain the ____ and _____ of a client and a client's records
privacy and confidentiality
When is a counselor allowed to release mental health records or information about a client?
only when the client's consent has been obtained, or as permitted by Health-General Article, Title 4, Subtitle 3 [Confidentiality of Medical Records], Annotated Code of Maryland
Under what conditions may alcohol and substance abuse records or information about a client be released?
(1) only with a client's consent, or
(2) as permitted by State and federal law
How should a counselor dispose of client records?
Dispose of records in accordance with Health-General Article, Title 4, Annotated Code of Maryland
What key information should be provided to a client to allow the client to make an informed decision regarding treatment?
(a) The purpose and nature of an evaluation or treatment process;
(b) Additional options to the proposed treatment;
(c) Potential reactions to the proposed treatment;
(d) The estimated cost of treatment;
(e) The right of a client to withdraw from treatment at any time, including the possible risks that may be associated with withdrawal; and
(f) The right of a client to decline treatment, if part or all of the treatment is to be recorded for research or review by another person;
What are the responsibilities of a counselor obtaining consent for research programs?
(1) that full informed consent is obtained
(2) that the client's autonomy and dignity to decide whether to participate is protected
(3) May not imply that a penalty may result if a client refuses to participate in a human research program
What should you do if you have questions related to ethical obligations or professional practice?
Consult with other counselors or other relevant professionals
TRUE or FALSE: Counselor's are ethically responsible to take credit only for professional work actually performed
What should a counselor do if their license, or certificate, or both, has been limited, restricted, suspended, revoked, or subject to disciplinary action by any other state, federal agency, or the District of Columbia?
Notify the Board
When there is a conflict of interest regarding confidentiality requirements, the counselor is ethically responsible to ...
Disclose, to all involved, conflicts of interest regarding confidentiality requirements
What are a counselors responsibilities when working with minors or other clients unable to give informed consent?
(1) Receive appropriate written authorization to provide counseling services
(2) Protect their interests
What is a counselor's primary responsibility in record keeping?
Maintain accurate records
How does a counselor provide supervision ethically?
By providing supervision to supervisees as required under COMAR 10.58.01, 10.58.07, and 10.58.08
What should a counselor do in preparation of being "absent"?
Make arrangements for another appropriate professional to act in the event of an absence of the counselor
When asked to provide treatment reports and/or evaluations, the counselor should ...
Provide lawfully requested treatment reports or evaluations, or both, to a client, insurance carriers, courts systems, institutions, or other authorized persons
TRUE or FALSE: A counselor must be familiar with the code of ethics but need not adhere to the code
FALSE! A counselor is ethically responsible to BOTH be familiar with and adhere to the code of ethics
What should a counselor do if they suspect a violation of the Health Occupations Article, Title 17?
Report suspected violations to the Board
What is a counselor's ethical responsibility with regards to investigations & proceedings?
cooperate with the Board
TRUE or FALSE: Counselors are ethically responsible to take reasonable precautions to protect clients from physical or psychological trauma
A counselor may not participate in _____, _______, or ______ activity in the capacity of a counselor
dishonest, fraudulent, or deceitful
A counselor involved in research shall respect and protect the _____, _____ and ______ of research subjects
dignity, privacy, and welfare
What shall a counselor do when developing competence in a new service or technique?
CONSULT and/or TRAIN
(1) engage in ongoing consultation with other counselors or relevant professionals and/or (2) acquire appropriate additional education or training, or both, in the new area
What is the counselor's responsibility when establishing professional competence?
(1) PRACTICE only within the boundaries of a counselor's competence, based on education, training, supervised experience, and professional credentials;
(2) engage in ongoing CONSULTATION with other counselors
(3) acquire appropriate additional education or TRAINING, or both, in the new area; and
(3) MAINTAIN QUALIFICATIONS to practice counseling, including meeting the continuing education requirements established by the Board.
A counselor is interested in advertising their services. Where are they allowed to advertise (5 examples)?
4. radio or television stations, or
5. on the internet.
A counselor may not place advertisements or make public statements that:
a) Contain false, fraudulent, misleading, deceptive, or unfair statements or information;
(b) Contain partial disclosures of relevant facts that misrepresent, mislead, or deceive;
(c) Contain information or facts intended or likely to create false or unjustified expectations of favorable results;
(d) Misrepresent, either directly or by implication, a counselor's professional qualifications such as education, experience, or areas of competence;
(e) Misrepresent, either directly or by implication, a counselor's affiliations or the purposes or characteristics of institutions or organizations with which a counselor is affiliated;
(f) Contain representations or implications that in reasonable probability can be expected to cause an ordinary prudent person to misunderstand or be deceived; or
(g) Contain representations that a counselor is willing to perform any procedure that is illegal under federal or State laws or regulations.
What key counselor characteristics must be included in an internet advertisement?
1. counselor's name,
2. counselor's credentials, and
3. counselor's certificate or license number
In advertising products, workshops, or training events, a counselor shall ensure that the information disclosed is _____ for consumers to make ____ _____.
- adequateinformed choices.
What should a counselor do upon the realization that her professional qualifications or affiliations were misrepresented in a recent clinic newsletter?
She should correct others who misrepresent a counselor's professional qualifications or affiliations
What must counselors avoid when soliciting testimonial endorsements?
SOLICITING THOSE WHO ARE VULNERABLE TO UNDUE INFLUENCE
(1) abstain from soliciting testimonial endorsements from current clients
(2) abstain from engaging in uninvited, in-person solicitation of business from actual or potential clients
What precautions should counselors take when making public statements in the capacity of teacher?
ensure that statements in course outlines are accurate and not misleading, false, or deceptive, including statements regarding subject matter to be covered, the basis for evaluating progress, and the nature of the course experience.
A counselor may not use his/her __________ or _________ to solicit or recruit clients, supervisees, or consultees for their private practice.
place of employment or institutional affiliation
A counselor shall not use counseling, teaching, training, or supervisory relationships for the following:
To promote a counselor's products or training events in a deceptive manner; or
When providing commentary or advice in a public arena - lecture, presentation, radio or television program, etc -, what is the counselor's responsibility?
(1) to make sure statements made are based on current and appropriate professional counseling literature and methodology;
(2)to make sure that recipients of the information are not mislead or encouraged to infer that a professional counseling relationship has been established; and
(3) to make sure that their statements are in conformance with the code of ethics
When should a counselor discuss fees and financial arrangements with their client & what should be addressed?
When= before entering the counseling relationship,
What= all financial arrangements related to professional services including the use of collection agencies or legal measures for nonpayment.
TRUE or FALSE: A counselor may not accept goods or services instead of monetary payment.
TRUE with exceptions
Under what conditions may a counselor accept goods or services instead of monetary payment?
(1) The relationship is not exploitative;
(2) The client requests it;
(3) A clear written contract is established; and
(4) The arrangements are an accepted practice among professionals in the community.
What can counselor accept or give for receiving or making a referral?
"Board" means ...
means the State Board of Professional Counselors and Therapists
"Client" means ...
(a) "Client" means an individual, couple, family, group, business, agency, school, organization, or association to whom a counselor is rendering professional service.
(b) "Client" includes the term and concept of "patient".
"Counselor" means ...
means a counselor or therapist either certified or licensed by the Board.
"Dual relationship" means ...
means a relationship in which a counselor is simultaneously involved in more than one type of relationship with a client.
"Impaired counselor" means ...
means a counselor who cannot perform the counselor's job due to substance abuse, or psychological or physical illness
"Inappropriate sexual language" means...
(a) A sexualized harassing comment;
(b) An eroticized or sexually provocative comment not reasonably associated with a health care matter; or
(c) An inappropriate discussion of a sexually related matter.
"Public statements" include ...
communications or public announcements by
a newspaper, magazine, book list, directory,
television, radio, motion picture, advertisement,
or any other electronic means.
What constitutes "Sexual behavior"?
as defined in Criminal Law Article, §3-301...
(a) A "sexual act"
(b) "Sexual contact"
(c) "Vaginal intercourse"
"Sexual exploitation" means ...
(1) taking advantage of an unequal relationship between a counselor and a client, student, or supervisee, and
(2) not permitting the autonomy of a client, student, or supervisee.
"Sexual harassment" is characterized as
can be a comment, advance, gesture, solicitation, request, or physical contact of a sexual nature that is deliberate or repeated
"Supervisee" means ...
an individual to whom a counselor provides professional, educational, or administrative supervision or direction.
"Therapeutic deception" means ...
a representation by a counselor that sexual contact or sexual activity by or with a client is consistent with or part of a client's treatment.
A former grad school colleague known for engaging in fraudulent or dishonest professional practices wants you to join her practice. What should you do?
the counselor shall not knowingly associate with, or permit the use of the his/her name in this business venture
A counselor shall not enter into relationships that could compromise a counselor's ____________ or create _____ _____ _______
objectivity or create a conflict of interest.
A counselor involved in research shall comply with existing federal and State laws and regulations concerning ____________ of research subjects
A counselor involved in research shall take responsibility for the ethical treatment of research participants by whom?
others directly and reasonably related to the research
A counselor involved in research shall clearly indicate to prospective recipients _________ ______ as part of a research study and obtain written permission in advance of treatment.
treatment given and
A counselor becomes or is made aware that personal problems interfere with providing or conducting treatment. What is a counselor to do?
Seek competent professional assistance to determine whether to suspend, terminate, or limit the scope of professional or scientific activities
With regards to advertising products, workshops, or training events, What is a key precaution for counselors holding a doctoral degree in a field other than counseling?
That they not represent that doctoral degree as relating to status or practice as a counselor.
Counselors should be cautious in the manner in which they claim or represent organizational membership. Why?
Because it may suggest specialized competence, training, or qualifications that a counselor does not have.
What is considered a "sexual act" as defined in Criminal Law Article, §3-301, Annotated Code of Maryland?
(i) analingus (oral stimulation of the anus)
(ii) cunnilingus (oral stimulation of the female genitals)
(iii) fellatio (oral stimulation of a man's penis);
(iv) anal intercourse, including penetration, however slight, of the anus; or
(v) an act in which an object or part of an individual's body penetrates, however slightly, into another individual's genital opening or anus; and can reasonably be construed to be for sexual arousal or gratification, or for the abuse of either party.
What is NOT considered a "sexual act" as defined in Criminal Law Article, §3-301, Annotated Code of Maryland?
(i) vaginal intercourse; or
(ii) an act in which an object or part of an individual's body penetrates an individual's genital opening or anus for an accepted medical purpose.
How is "sexual contact" defined in Criminal Law Article, §3-301, Annotated Code of Maryland?
intentional touching of the victim's or actor's genital, anal, or other intimate area for sexual arousal or gratification, or for the abuse of either party.
How is "Vaginal intercourse" defined in Criminal Law Article, §3-301, Annotated Code of Maryland?
(1) genital copulation, whether or not semen is emitted.
(2) includes penetration, however slight, of the vagina.