Review+of+Relevant+Ethical+Codes+and+Laws

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== =**ACA Codes of Ethics Pertaining to Termination **=

American Counseling Association Code of Ethics and Standards of Practice, 2005

Steve the counselor violated ACA Code of Ethics standard A.11.a (Abandonment Prohibited) which states “Counselors do not abandon or neglect clients in counseling. Counselors assist in making appropriate arrangements for the continuation of treatment, when necessary, during interruptions such as vacations, illness, and following termination.” In reading this case, it was apparent that Steve gave Christine little help because he was prejudiced in his views on religious intermarriage. It can be argued that Steve abandoned Christine as a client from the very beginning when he made a treatment goal that was not inline with what Christine wanted or needed out of counseling. Steve also did not supply Christine with appropriate arrangements for the continuation of treatment after depleting her insurance coverage.
 * A.11.a. Abandonment Prohibited**

Another ACA Code of Ethics standard violated in this case is A.11.b (Inability to Assist Clients). A.11.b states “If counselors determine an inability to be of professional assistance to clients, they avoid entering or continuing counseling relationships. Counselors are knowledgeable about culturally and clinically appropriate referral resources and suggest these alternatives. If clients decline the suggested referrals, counselors should discontinue the relationship.” According to this code, it would have been more ethical for Steve to discontinue his relationship with Christine as soon as realized that he could not move past his prejudice and own world view enough to be an effective counselor for Christine. He should have recognized his inability to help Christine and sent her to another counselor rather than depleting her insurance coverage trying to achieve his own goals.
 * A.11.b. Inability to Assist Clients**

ACA Code of Ethics Standard A.11.c (Appropriate Termination) states “Counselors terminate a counseling relationship when it becomes reasonably apparent that the client no longer needs assistance, is not likely to benefit, or is being harmed by continued counseling. Counselors may terminate counseling when in jeopardy of harm by the client, or another person with whom the client has a relationship, or when clients do not pay fees as agreed upon. Counselors provide pre-termination counseling and recommend other service providers when necessary.” Steve violated this code by terminating counseling with Christine without having provided pretermination counseling, previously discussing the limits of Christine’s insurance coverage, and recommending suitable other service providers.
 * A.11.c. Appropriate Termination**

ACA Code of Ethics standard A.11.d (Appropriate Transfer of Services” states that “When counselors transfer or refer clients to other practitioners, they ensure that appropriate clinical and administrative processes are completed and open communication is maintained with both clients and practitioners.” This code comes into play because Steve should have transferred Christine’s counseling services earlier on by referring her to another practitioner. He should have done this after taking note of his strong, negative reaction to Christine, and the recognition of his own agenda to encourage Christine that marrying a Jewish man was wrong.
 * A.11.d. Appropriate Transfer of Services**

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= = =ACA Codes of Ethics Pertaining to Discrimination Based on Religion and Values =

American Counseling Association Code of Ethics and Standards of Practice, 2005

Steve violated ACA Code of Ethics standard A.4.b (Personal Values), which states “Counselors are aware of their own values, attitudes, beliefs, and behaviors and avoid imposing values that are inconsistent with counseling goals. Counselors respect the diversity of clients, trainees, and research participants.” From the moment Steve decided that his goal in counseling Christine was to convince her to end the engagement, he was breaching this ethical standard. Steve personally believed that non-Jews and Jews should not get married, had a strong reaction to Christine, and could not help but interject his personal values into the therapeutic process.
 * A.4.b. Personal Values**

A.4.a (Avoiding Harm) states “Counselors act to avoid harming their clients, trainees, and research participants and to minimize or to remedy unavoidable or unanticipated harm.” By using up Christine’s insurance coverage and not helping her with her problem since it was against his values, Steve undoubtedly inflicted harm on Christine. Now, she has used up her insurance coverage, received little to no help along they way, and will have trouble affording another counselor who can actually help her move forward.
 * A.4.a. Avoiding Harm**

ACA Code of Ethics standard C.5 (Nondiscrimination) applies greatly to this case. C.5 states that “Counselors do not condone or engage in discrimination based on age, culture, disability, ethnicity, race, religion/spirituality, gender, gender identity, sexual orientation, marital status/partnership, language preference, socioeconomic status, or any basis proscribed by law. Counselors do not discriminate against clients, students, employees, supervisees, or research participants in a manner that has a negative impact on these persons.” By treating Christine in a way that was not helpful to her, and imposing his own religious values on her, Steve was discriminating against Christine’s religion/spirituality.
 * C.5. Nondiscrimination**

ACA Code of Ethics standard A.1.a (Primary Responsibility) states “The primary responsibility of counselors is to respect the dignity and to promote the welfare of clients.” In the discriminatory ways Steve treated Christine, and in how he imposed his own values onto her so fervently, he was not promoting her welfare or respecting her dignity. He was not trying to help her solve her problems, but he was using her to further his own agenda that religious intermarriage is wrong.
 * A.1.a. Primary Responsibility**

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=ACA Codes of Ethics Pertaining to Supervision =

American Counseling Association Code of Ethics and Standards of Practice, 2005

ACA Code of Ethics Standard F.1.a (Client Welfare) states that "A primary obligation of counseling supervisors is to monitor the services provided by other counselors or counselors-in-training. Counseling supervisors monitor client welfare and supervisee clinical performance and professional development. To fulfill these obligations, supervisors meet regularly with supervisees to re- view case notes, samples of clinical work, or live observations. Supervisees have a responsibility to understand and follow the ACA Code of Ethics." Marvin, Steve's supervisor, violated this standard by not doing more to ensure that Steve was keeping his personal values out of his counseling relationship with Christine. After Steve told Marvin that there was an issue here, Marvin should have monitored Christine's welfare more closely.
 * F.1.a. Client Welfare**

ACA Code of Ethics Standard F.4.c (Standards for Supervisees) states that "Supervisors make their supervisees aware of professional and ethical standards and legal responsibilities. Supervisors of post-degree counselors encourage these counselors to adhere to professional standards of practice." Marvin violated this ethical code by not taking greater measures to ensure that Steve understood the ethical and legal implications of discriminating against Christine in the way he did. Marvin could have done more to help Steve understand why he is feeling how he is feeling and how to avoid letting his personal reactions influence the counseling process.
 * F.4.c. Standards for Supervisees**

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=Link to Practitioner's Guide to Ethical Decision Making =

[|A Practitioner's Guide to Ethical Decision Making] Advice for making ethical decisions in the field of counseling can be found in this paper by <span style="font-family: Arial,Helvetica,sans-serif; font-size: 12px;">Holly Forester-Miller, Ph.D. and Thomas Davis, Ph.D.

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= = =**<span style="color: #008000; font-family: Arial,Helvetica,sans-serif; font-size: 150%;">Georgia Code **=

<span style="font-family: 'Arial Black',Gadget,sans-serif; font-size: 110%;">O.C.G.A. § 37-2-11 (2012) <span style="font-family: Arial,Helvetica,sans-serif;"> No person shall be denied disability services provided by the state as defined in this chapter based on age, gender, race, ethnic origin, or inability to pay; provided, however, unless otherwise prohibited by law or contract, providers of disability services may deny nonemergency disability services to any person who is able to pay, but who refuses to pay. The department shall develop a state-wide sliding fee scale for the provision of disability services and shall promulgate standards that define emergency disability services and refusal to pay.

<span style="font-family: Arial,Helvetica,sans-serif;">While Steve did not deny Christine services outright, the unethical counseling sessions she received could be considered a lack of services due to her religious orientation. Steve's attitudes and subsequent actions during this counseling relationship are prejudicial at best but may not directly violate Georgia's discrimination law.

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=**<span style="color: #008000; font-family: Arial,Helvetica,sans-serif; font-size: 150%;">Federal Laws **=


 * <span style="font-family: Arial,Helvetica,sans-serif;">Section 508 of the Social Security Act **<span style="background-color: #ffffff; font-family: Arial,Helvetica,sans-serif;">prohibits discrimination on the basis of age, race, color, national origin, disability, sex (gender), or religion in the Maternal and Child Health Services Block Grant <span style="background-color: #ffffff; font-family: Verdana,Arial,sans-serif,'Trebuchet MS',Tahoma;"> ( <span style="font-family: Verdana,Arial,sans-serif,'Trebuchet MS',Tahoma;">[|42 USC § 708] <span style="background-color: #ffffff; font-family: Verdana,Arial,sans-serif,'Trebuchet MS',Tahoma;">| <span style="font-family: Verdana,Arial,sans-serif,'Trebuchet MS',Tahoma;">[|PDF] <span style="background-color: #ffffff; font-family: Verdana,Arial,sans-serif,'Trebuchet MS',Tahoma;">).

<span style="font-family: Arial,Helvetica,sans-serif;">**Section 1908 of the Public Health Service Act** prohibits discrimination on the basis of age, race, color, national origin, disability, sex (gender), or religion in programs, services, and activities funded by Preventative Health and Health Services Block Grants <span style="background-color: #ffffff; font-family: Verdana,Arial,sans-serif,'Trebuchet MS',Tahoma;">( <span style="font-family: Verdana,Arial,sans-serif,'Trebuchet MS',Tahoma;">[|42 USC §300w-7] <span style="background-color: #ffffff; font-family: Verdana,Arial,sans-serif,'Trebuchet MS',Tahoma;">). <span style="background-color: #ffffff; font-family: Arial,Helvetica,sans-serif;">[source: www.house.gov]


 * <span style="font-family: Arial,Helvetica,sans-serif;">Section 1947 of the Public Health Service Act **<span style="background-color: #ffffff; font-family: Arial,Helvetica,sans-serif;">prohibits discrimination on the basis of age, race, color, national origin, disability, sex (gender), or religion in programs, services, and activities funded by Community Mental Health Services Block Grant and Substance Abuse Prevention and Treatment Block Grants <span style="background-color: #ffffff; font-family: Verdana,Arial,sans-serif,'Trebuchet MS',Tahoma;"> ( <span style="font-family: Verdana,Arial,sans-serif,'Trebuchet MS',Tahoma;">[|42 USC § 300x-57] <span style="background-color: #ffffff; font-family: Verdana,Arial,sans-serif,'Trebuchet MS',Tahoma;">| <span style="font-family: Verdana,Arial,sans-serif,'Trebuchet MS',Tahoma;">[|PDF] <span style="background-color: #ffffff; font-family: Verdana,Arial,sans-serif,'Trebuchet MS',Tahoma;">).

<span style="font-family: Arial,Helvetica,sans-serif;">**The Family Violence Prevention and Services Act** prohibits discrimination on the basis of race, color, national origin, disability, sex (gender), or religion in programs, services, and activities funded under this Act <span style="background-color: #ffffff; font-family: Verdana,Arial,sans-serif,'Trebuchet MS',Tahoma;"> ( <span style="font-family: Verdana,Arial,sans-serif,'Trebuchet MS',Tahoma;">[|42 USC § 10406] <span style="background-color: #ffffff; font-family: Verdana,Arial,sans-serif,'Trebuchet MS',Tahoma;">| <span style="font-family: Verdana,Arial,sans-serif,'Trebuchet MS',Tahoma;">[|PDF]

<span style="font-family: Arial,Helvetica,sans-serif;">The Federal laws referenced above regard the prohibition of religious discrimination in any healthcare arena that receives any federal funds. It is unlikely that Steve's practice is free from federal funding and therefore should be accountable under these statutes. If Steve's counseling methods related to Christine's case were found to be discriminatory she could file a discrimination suit under the afore mentioned Federal laws. Steve's focus on his own values throughout therapy may not meet the criteria for legal discrimination.



<span style="font-family: Arial,Helvetica,sans-serif;">Christine can explore her legal options through the <span style="font-family: 'Arial Black',Gadget,sans-serif;"> [|United States Department of Health and Human Services Office for Civil Rights] <span style="font-family: Arial,Helvetica,sans-serif;">. A description of the mission and function of the organization can be found in this <span style="font-family: 'Arial Black',Gadget,sans-serif;"> [|powerpoint presentation].

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