Each chapter in The Counselor and the Law has been updated to reflect changes in the 2014 ACA Code of Ethics, findings of recent court cases, and new federal and state legislation. Attorney Nancy Wheeler and Burt Bertram, a private practitioner and counselor educator, provide a comprehensive overview of the law as it pertains to counseling practice; an in-depth look at counselors’ legal and ethical responsibilities; and an array of risk management strategies.
This edition contains a thoroughly updated chapter on distance counseling, technology, and social media; regulatory updates to the HIPAA and the HITECH Act; and recent case law developments regarding legal risks for counselor educators. The issues surrounding civil malpractice liability, licensure board complaints, confidentiality, duty to warn, suicide and threats of harm to self, professional boundaries, records and documentation, and managing a counseling practice are also addressed in detail.
Autorentext
Anne Marie Wheeler is the author of The Counselor and the Law: A Guide to Legal and Ethical Practice, 7th Edition, published by Wiley.
Burt Bertram is the author of The Counselor and the Law: A Guide to Legal and Ethical Practice, 7th Edition, published by Wiley.
Zusammenfassung
Each chapter in The Counselor and the Law has been updated to reflect changes in the 2014 ACA Code of Ethics, findings of recent court cases, and new federal and state legislation. Attorney Nancy Wheeler and Burt Bertram, a private practitioner and counselor educator, provide a comprehensive overview of the law as it pertains to counseling practice; an in-depth look at counselors’ legal and ethical responsibilities; and an array of risk management strategies. This edition contains a thoroughly updated chapter on distance counseling, technology, and social media; regulatory updates to the HIPAA and the HITECH Act; and recent case law developments regarding legal risks for counselor educators. The issues surrounding civil malpractice liability, licensure board complaints, confidentiality, duty to warn, suicide and threats of harm to self, professional boundaries, records and documentation, and managing a counseling practice are also addressed in detail. *Requests for digital versions from the ACA can be found on wiley.com. *To request print copies, please visit the ACA website here. *Reproduction requests for material from books published by ACA should be directed to permissions@counseling.org.
Inhalt
Preface ix
About the Authors xi
Chapter 1 The Counseling Profession 1
Our Perspective 1
The Counselor 3
The Law 5
Licensing Standards for Counselors 7
Efforts Toward National Standards and Definitions 16
Summary 21
Chapter 2 The Counseling Relationship 23
Who is a Client? 24
Duty and Standard of Care 25
Informed Consent for Treatment 27
Fees 32
Terminating the Counseling Relationship 35
Summary 41
Chapter 3 Overview of Law and Ethics 43
The American Legal Structure 43
Criminal, Civil, and Administrative Law 44
The Court System 45
Ethics Standards 47
Legal and Ethical Decision-Making Model 51
Ethics and the Law 56
Summary 57
Chapter 4 Civil Malpractice Liability, Licensure Board Complaints, and Criminal Actions 59
Competence and Preparation 59
Duty of Care and Potential Malpractice and Liability 61
Common Complaints Against Counselors 65
Other Civil Actions 86
Other Criminal Actions 98
Summary 101
Chapter 5 Confi dentiality, Privilege, and HIPAA Privacy 103
Confi dentiality 103
Privileged Communication 104
Privacy and HIPAA 107
HITECH Changes to HIPAA 111
Specific Concerns Regarding Confi dentiality, Privilege, and Privacy 117
Summary 130
Chapter 6 Duties to Report, Warn, and/or Protect 131
Duty to Report 131
Duty to Warn and/or Protect 134
Practical Risk Management Guidelines 145
Chapter 7 Communication Technology and Social Media 149
Distance Counseling 150
Social Media: Think Before You "Tweet," "Friend," or "Blog" 154
Texting, Instant Messaging, and E-Mail 157
Other Technologies 161
Recommendations 162
Chapter 8 Suicide and Threats of Harm to Self 167
Prevalence of Suicide and Threats of Harm to Self 168
Suicide and Ethics 172
Legal Issues of Suicide 173
Bullying and Cyberbullying 178
End-of-Life Issues 181
Summary 182
Chapter 9 Professional Boundaries 183
CounselorClient Interactions or Relationships 184
Licensing Board Complaints and
Selected State Disciplinary Action 191
Risk of Malpractice Lawsuits 196
Mishandling of Transference 197
Risk of Criminal Prosecution 200
When Is a Dual Relationship Appropriate? 201
Summary 202
Chapter 10 Records and Documentation 203
Records: The Standard of Care 203
Purpose of Client Records 209
Ownership of Records 216
Alteration of Records 216
Financial Records and Financial Relationship 217
Technology, Client Records, and Information 217
Record Retention 218
Records Custodian 219
Summary 220
Chapter 11 Managing Your Counseling Practice 221
Opening a Counseling Practice: Forms of Operation 222
Private and Nonprofi t Business Procedures 227
Federal and State Taxes, Reporting, and Licensing 227
Professional Liability Insurance 228
Other Insurance Coverage 231
Employment Law Considerations 234
Training and Supervising Employees 240
Hiring Workers as Independent Contractors or as Employees 242
Fee Splitting and Fraud and Abuse Laws 243
Billing and Collection Practices 245
Third-Party Payments 246
The Americans With Disabilities Act 248
Genetic Information Nondiscrimination Act of 2008 252
New Counseling Approaches, Techniques, and Professional Expressions 253
Closing a Counseling Practice 255