Law and Ethics mid Term VocabularyChapter 1
Aspirational ethicsThe highest standards of thinking and conduct professionals seek, which requires doing more than simply meeting the letter of the ethics code. It entails an understanding of the spirit behind the code and the principles on which the code rests. Autonomy
The promotion of self-determination, or the freedom of clients to choose their own direction. BeneficencePromoting good for others.Community standardsThe criteria set by a community to determine appropriate professional action and behavior. EthicsThe standards that govern the conduct of its professional members. Represents the ideal standards set by a profession. Feminist model of ethical decision makingAn approach that emphasizes equalization of power and striving for maximum involvement of the client at every stage of making an ethical decision. FidelityThe moral principle whereby professionals make honest promises and keep these promises. JusticeThe moral principle of striving to be fair by giving equally to others. LawThe body of rules that govern the affairs of people within a community, state, or country. The minimum standards society will tolerate, which are enforced by government. Mandatory ethicsA level of ethical functioning wherein mental health professionals act in compliance with minimal standards, acknowledging the basic “musts” and “must nots.” MoralityPerspectives of right and proper conduct.NonmaleficenceAvoiding doing harm, which includes refraining from actions that risk hurting clients. Principle ethicsA set of obligations and a method that focuses on moral issues with the goalsof (a) solving a particular dilemma or set of dilemmas and (b) establishing a framework to guide future ethical thinking and behavior. Pro bono services
Providing professional services for which there is no expectation of significant financial return. ProfessionalismBehavior that can be expected of a professional person.ReasonablenessThe care that is ordinarily exercised by others practicing within that specialty in the professional community. Social constructionist model of ethical decision makingAn approach that focuses on the social aspects of decision making in counseling. Transcultural integrative ethical decision-making modelAn approach that emphasizes the need for including cultural factors in the process of resolving ethical decisions. UnethicalProfessional behavior that violates established codes of a profession. ValuesThe beliefs and attitudes that provide direction to everyday living. VeracityA moral principle whereby professionals seek to be accurate, honest, and truthful. Virtue ethicsFocuses on the character traits of the counselor and nonobligatory ideals to which professionals aspire rather than on solving specific ethical dilemmas. Virtue ethics asks “Am I doing what is best for my client?”
BurnoutA state of physical, emotional, intellectual, and spiritual exhaustion characterized by feelings of helplessness and hopelessness. CountertransferenceProjections by therapists that distort the way they perceive and react to a client. It is a therapist’s unconscious emotional response to a client that may interfere with objectivity. Experiential learning
Focuses on giving students opportunities to share their life experiences, values, and personal concerns in a group setting. ImpairmentThe presence of an illness or severe psychological depletion that is likely to prevent a professional from being able to deliver effective services and results in consistently functioning below acceptable practice standards. Self-care
Paying attention to nurturing the body, mind, and spirit. Taking steps to promote one’s wellness on all levels. StressAn event or a series of events leading to strain, which often results in physical and psychological health problems. TransferenceClients’ unconscious shifting to the therapist of feelings, attitudes and fantasies, both positive and negative, that they have had toward significant people in their life.
Advance directivesDecisions people make about end-of-life care that is designed to protect their self-determination when they reach a point in their lives when they are no longer able to make decisions of their own about their care. Aid-in-dying
Providing the lethal means to cause a person’s death, with the person performing the act that ends his or her own life. [Also referred to as aid-in-dying.] Hastened deathSpeeding up the dying process, which can entail withholding or withdrawing life support. Rational suicideA person deciding—after going through a decision-making process and without coercion from others—to end his or her life because of extreme suffering involved with a terminal illness. ReligionA binding of people to a higher power, usually by means of a formal organization that is based on established beliefs and teachings. SpiritualityA personal inclination or desire for a relationship with a transcendent orGod. SuicideThe taking of one’s own life.Value impositionRefers to counselors attempting to influence a client to adopt their own values, attitudes, beliefs, and behaviors. Value neutralityThe assumption that therapist’s values do not influence the therapeutic process.
BisexualsIndividuals who are psychologically, emotionally, and sexually attracted to both women and men. Cultural countertransferenceRefers to therapists developing self-understanding of how their values, feelings, attitudes, and biases influence their work with culturally different clients. Cultural diversityThe spectrum of differences that exists among groups of people with definable and unique cultural backgrounds. Cultural diversity competenceA practitioner’s level of awareness, knowledge, and interpersonal skill when working with individuals from diverse backgrounds Cultural empathyPertains to therapists’ awareness of clients’ worldviews, which is acknowledged in relation to therapists’ awareness of their own personal bias. Cultural pluralismA perspective that recognizes that culture is complex and values diversity of beliefs and values. Cultural racismThe belief that one group’s history, way of life, religion, values, and traditions are superior to others. Cultural tunnel visionA perception of reality that is based on a severely limited set of cultural experiences. Culturally encapsulated counselorA counselor who defines reality according to one set of cultural assumptions and shows insensitivity to cultural variations among individuals. Culturally skilled counselorCompetence pertaining to multicultural practice based on awareness of one’s own values and beliefs, understanding the client’s worldview, and acquiring culturally appropriate intervention strategies and techniques. Culture
Includes demographic variables such as age, gender, and place of residence; status variables such as social, educational, and economic background; formal and informal affiliations; and the ethnographic variables of nationality, ethnicity, language, and religion. Culture-centered counseling
A three-stage developmental sequence, from multicultural awareness to knowledge and comprehension to skills and applications. DiscriminationInvolves behaving differently, usually unfairly, toward a specific group of people. DiversityIndividual differences such as age, gender, sexual orientation, religion, and physical ability or disability. Ethnic minority groupA group of people who have been singled out for differential and unequal treatment and who regard themselves as objects of collective discrimination. EthnicityA sense of identity that stems from common ancestry, history, nationality, religion, and race. Experiential approachesEncourage trainees to pay attention to their thoughts, feelings, and actions in exploring their worldviews Gay menMen who are psychologically, emotionally, and sexually attracted to other men. HomosexualityA sexual orientation whereby people seek emotional and sexual relationships with same-gendered individuals. LesbiansWomen who are psychologically, emotionally, and sexually attracted to other women. Multicultural competenciesKnowledge and skills that are essential for being a culturally skilled practitioner that have been endorsed by various professional organizations. Multicultural counselingA helping role and process that uses approaches and defines goals consistent with the life experiences and cultural values of clients. MulticulturalismA generic term that indicates any relationship between and within two or more diverse groups. Cross-cultural, transcultural, and intercultural are terms with similar meanings. RacismAny pattern of behavior that, solely because of race or culture, denies access to opportunities or privileges to members of one racial or culturalgroup while perpetuating access to opportunities and privileges to members of another racial or cultural group. Stereotypes
Oversimplified and uncritical generalizations about individuals who are identified as belonging to a specific group. Unintentional racismThe often subtle, indirect, and unconscious form of racism that is often masked by the assumption that one is free of bias.
AbandonmentThe failure of the psychologist to take the clinically indicated and ethically appropriate steps to terminate a professional relationship Behavioral telehealthPertains to electronic consultation between mental health providers and consumers. Breach of dutyInvolves either actions taken by a therapist or a failure to take certain precautions. CapacityA client possessing the ability to make rational decisions. CausationClients needing to demonstrate that a professional’s breach of duty was the direct cause of the injury they suffered. DutyExists when a therapist implicitly or explicitly agrees to provide mental health services. Informed consentThe ongoing process of informing clients about their therapy for the purpose of helping them make autonomous decisions pertaining to it. The aim is for clients to become involved, educated, and willing participants in their therapy. Informed consent document
Providing clients with a written statement pertaining to many aspects of their therapy that is generally discussed and signed by both therapist and client. InjuryClients being harmed in some way by the therapeutic process. Legal aspects of informed consentThree elements that are basic to the legal definition of informed consent are: capacity, comprehension of information, and voluntariness. MalpracticeLiterally meaning “bad practice,” a legal concept that involves negligence that results in injury or loss to a client. Malpractice involves the failure to render professional services or to exercise the degree of skill that is ordinarily expected of other professionals in a similar situation. Process notes
Also known as psychotherapy notes, are not synonymous with progress notes; process notes deal with client reactions such as transference and the therapist’s subjective impressions of a client Professional negligence
Results from unjustified departure from usual practice or from failing to exercise due care in fulfilling one’s responsibilities. Progress notesA means of documenting aspects of a client’s treatment and are kept in a client’s clinical record Risk managementThe practice of focusing on the identification, evaluation, and treatment of problems that may injure clients, lead to filing of an ethics complaint, or lead to a malpractice action. Standard of care
Standards that are commonly accepted by the profession and are considered as the acceptable standard of practice in the community. TerminationThe ethically and clinically appropriate process by which a professional relationship is ended
AbandonmentInvolves the desertion of an elderly person by a person who has assumed responsibility for being a care-giver. Bradley caseA court ruling stating the responsibility of a therapist to not release a dangerous client from a psychiatric facility. ConfidentialityAn ethical concept, and in most states, the legal and professional duty of therapists to not disclose information about a client. Psychotherapists are prohibited from disclosing confidential communications to any third party, unless mandated or permitted by law to do so. Covered entity
A term used by HIPAA that determines whether a health care provider needs to comply with HIPAA requirements. Duty to protectA mental health professional’s responsibility to protect clients when it is likely that they might harm themselves; or the duty to protect intended victims from a dangerous client. Duty to warnA mental health professional’s responsibility to inform an endangered person when it is believed a client poses a serious danger to an identifiable person. Financial or material exploitationthe illegal or improper use of an elder’s funds, property, or assets. Health Insurance Portability and Accountability Act of 1996 (HIPAA) Passed by Congress to promote standardization and efficiency in health care industry, HIPAA includes provisions designed to encourage electronic transactions and requires certain new safeguards to protect the security and confidentiality of health information. HIPAA Privacy Rule
Designed to provide a uniform level of privacy and security on the federal level Jablonski caseA court ruling that underscores the duty of a therapist to commit a dangerous individual. Jaffee caseA court ruling holding that communications between licensed psychotherapists and their clients are privileged and therefore protected from forced disclosure in cases arising under federal law. The ruling extends therapist-client privilege to a wider range of licensed mental health professionals. Mandatory reporting
A procedure designed to encourage reporting of any suspected cases of child, elder, and dependent abuse. NeglectThe failure of caregivers to fulfill their responsibilities to a child, an elderly person, and other dependent adults. Physical abuseInvolves the use of physical force that often results in bodily injury, physical pain, or impairment. PrivacyAs a matter of law, refers to the constitutional right of an individual to decide the time, place, manner, and extent of sharing oneself with others. Privileged communicationA legal concept that generally bars the disclosure of confidentialcommunications in a legal proceeding. Privilege is the client’s right to prevent a mental health professional from revealing confidential communications in a legal proceeding. Psychological or emotional abuse
involves inflicting anguish, pain, or distress through verbal or nonverbal acts. This kind of abuse might include verbal assaults, insults, threats, intimidation, humiliation, and harassment. Reportable abuse
Involves the legal responsibility of a mental health professional to report suspected abuse or neglect of children, the elderly, and other dependent adults. Sexual abuseConsists of non-consensual sexual contact of any kind with a child, elderly person, or dependent adult. Tarasoff caseA court ruling holding that a therapist has a duty to warn an intended victim of a client who poses a serious threat to do harm.