Oregon legal statutes and ethical implications in the counseling profession

Abstract

            Ethics evolve, just as society changes, often leaving some challenging gray areas which can be confusing and dangerous in the counseling profession. In addition to the ethical quandaries, the legal aspects to counseling are essential to offer protection for all parties involved in a client-counselor relationship. Luckily, several agencies contribute to guidance in both the legal and ethical arenas, assisting counselors in the navigation of the murky areas in practice. Knowing where to find the resources is as important as the application of the ethical and legal codes themselves. Different settings and practices may have varying legal issues, making current codes essential to any practicing counselor. Some of the resources available to guide the ethical and legal questions that may arise during practice are presented in the following paper.

What is the difference?

            Determining whether an issue is legal or ethical can help to guide the actions of a counselor, hopefully resulting in a positive outcome. However, the delineation between the two can be a bit confusing to navigate, which is further complicated by the often misuse of the terms, using them interchangeably, when they do indeed have different meanings.

Ethics, as described by Foster and Black (2007), address the relationship between the client and counselor, in that there is an understanding of the roles each play in the interaction. In addition to the two separate identities involved in the therapeutic relationship, the counselor also has to take into consideration their own behavior, as it relates to ethical implications. That is, an examination of whether their actions are helpful or harmful, to one or both parties. Ethics have been codified, in that the American Counseling Association, or ACA, has published a code of ethics (http://www.counseling.org/resources/codeofethics/TP/home/ct2.aspx), which helps to serve as a guide for counselors, providing a consensus of behavior for professionals that are considered acceptable and helpful to both the client and the counselor.

            The term legal pertains to a consensus of regulations that have been set forth to establish the minimum standard of conduct acceptable (Remley & Herlihy, 2010). One of the key differences between ethics and law is that the latter can differ depending on the state the counselor is practicing. While there are some universal laws that govern the behavior of counselors, learning the local state laws, in addition to the more widespread laws set forth by the government can help the counselor to stay on the right side of the legal system.

Updates and revisions

            In order to keep up with changes in society, the counseling code of ethics changes to address the ethical issues counselors may face in their practice. The ACA has a task force, consisting of eleven experts in the field of counseling and ethics, that are currently working on a collaboration of changes to the ethical guidebook, which is slated to be published in 2014 (http://www.counseling.org/PressRoom/NewsReleases.aspx?AGuid=3dead7fe-795b-4d75-896d-c171079b4b10). Some of the proposed changes include the expansion into the realm of the cyber world, the use of technology in the forms of social media especially, along with providing guidance to counselors on the intricacies of providing services to a more culturally diverse population (Rollins, 2011).

Since its inception in 1963, the Code of Ethics has been revised every seven to ten years, making the upcoming revision a scheduled, but well needed augmentation to keep up with the changes that have occurred since the current Code was published in 2005 (Kocet, 2006). The current Code changed to reflect the changing needs of society since the previous edition, published in 1995, and focused on multicultural, diversity, and social justice issues (Kocet, 2006). Changes made during the revision of the previous edition included the realms of confidentiality, teaching, training, and supervision within the counseling field (Kocet, 2006). In order to become uniform, some states have decided to integrate the ACA Code of Ethics into their licensure boards. As of 2010, 17 states, including the District of Columbia, have adopted the ACA Code of Ethics into their rules and regulations (http://www.counseling.org/counselors/LicensureAndCert.aspx).

Oregon counseling laws

            The primary resource for learning about local governmental and state laws can be found with just a little bit of research. Oregon’s laws regarding counselors can be found online and is a valuable resource for any practicing counselor, and aims to offer protection for the consumer as their main goal (http://www.oregon.gov/OBLPCT/Pages/index.aspx). In addition to addressing the mandatory educational and supervision required for counselors-in-training, the site also offers clients a way of reporting suspected infractions and/or abuse perpetrated by counselors. Oregon Administrative Rules, or OARs, are the state guidelines that govern the acceptable actions by state agencies and individuals operating within the state of Oregon (http://www.oregon.gov/osl/ld/pages/resources/laws/oar.aspx). Some of the counseling-specific regulations that can be found within the Oregon Revised Statutes (ORS) include the reporting of suspected abuse, complaint processes, and continuing education requirements (http://www.oregon.gov/oblpct/Pages/web-lr.aspx).

Examples of issues that may arise

 The ACA has recognized that counselors face many ethical situations during their practice, and has designed the Ethical Decision Making Model to address these issues. The model consists of seven steps, which consist of identifying the problem, applying the ACA Code of Ethics, determining the nature and dimensions of the dilemma, generate potential courses of action, considering the potential consequences of all options and choosing a course of action, evaluating the selected course of action, and implementing the course of action (Forester-Miller & Davis, 1996).

Using the aforementioned steps in analyzing prospective issues that may arise during counseling practice can help to better prepare for when they do occur. Some of the possible scenarios that one could experience as a counselor working with military members include the sharing of records with the client, pursuing a relationship outside of the scope of practice, sharing case records with attorneys or representatives that can influence the degree of disability rating received, counseling sessions conducted via email or other electronic communication while deployed, and offering an assessment of fitness for family court.

Clients do have the right to acquire their case notes from sessions with the counselor, as indicated by the guidelines included in the National Board for Certified Counselors (NBCC), which states that the information included in the session records ultimately belongs to the client and shall be shared with the client if requested (http://www.nbcc.org/assets/ethics/nbcc-codeofethics.pdf). The NBCC regulations are an ethical guideline that incorporates the ACA Code of Ethics into a client- and counselor-centered approach to ethics.

Pursuing a relationship outside of a professional one can be potentially damaging, whether it is of the friend or romantic varieties, and can constitute an abuse of power. As such, in order to reduce harm to the therapeutic relationship, counselors are prohibited from entering into romantic relationships until after five years have passed since the therapeutic interaction has been terminated. The time increased in 2005, which was set at two years according to the 1995 Code of Ethics. The statute addressing such relationships, found in Standard A.5. in the 2005 ACA Code of Ethics also includes a prohibition on romantic/sexual interaction with family members and romantic partners of current clients (Kaplan, 2006).

Sharing of case documents, either with clients or legal representatives via subpoenas can occur and does not cross any boundaries, legal or ethical, as long as the proper releases are signed by the client (http://www.zurinstitute.com/subpoena.html#authorizations). The counselor shall share the minimum amount of information pertinent to the situation.

Advances in electronic communication have required the counseling profession to adapt to the changes in therapeutic intervention methods, including counseling via email, Skype, and telephone. The current ACA Code of Ethics addresses such advancements in Standard A.12, and recognizes that the delivery of counseling via methods other than face-to-face may cross jurisdictional or state laws (Kaplan, 2006). If counseling sessions are to be conducted over the internet, it is imperative to use encryption software in order to maintain confidentiality between clients and counselors.

In addition to providing therapeutic interventions, counselors are often called to provide assessments for fitness of duty, parenting, and emotional stability. In the case of a client asking their counselor to provide a written opinion regarding the fitness of a father to gain full custody of his children, a counselor needs to keep in mind that their decision can influence not only their client, but also the children involved in the custody case. According to the American Psychological Association’s Ethical Principles of Psychologists and Code of Conduct, the clients can obtain legal documents and expert opinions provided by counselors (http://www.law.ucdavis.edu/faculty/bruch/files/appendixb.pdf). However, the counselor must provide impartial information in their assessment.

Conclusion

            The field of counseling, governed by legal and ethical guidelines, is also influenced by changes in society and culture. The need to recognize the differences between the legal and ethical issues that may arise is essential in providing the most effective therapeutic interventions, while maintaining a professional code of conduct that does not cross any boundaries. Maintaining an effective professional relationship with clients, legal entities, and fellow counselors can be challenging at times, but with conscious effort into acquiring the most recent information regarding rules and regulations, counselors can continue to provide the best treatment possible.

**References available upon request**