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Counsellors at Risk of Ethical Misconduct?

Explore the factors that contribute to ethical misconduct among counsellors, including working outside of their competencies and unintentional actions. Learn how to identify ethical vulnerability and prevent misconduct.

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Counsellors at Risk of Ethical Misconduct?

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  1. WHEN ARE COUNSELLORS AT RISK OF ETHICAL MISCONDUCT?Dr. Cristelle AudetDr. Glenn SheppardCanadian Counselling and Psychotherapy Association Annual Conference May 14-17, 2013 Halifax, Nova Scotia

  2. OVERVIEW • Ethical practice & fiduciary relationship • But…misconduct happens • Working outside areas of competencies • Unintentional  awareness • Identifying ethical vulnerability

  3. THE BASIS FOR ETHICAL PRACTICE Intentionality Knowledge of ethics, standards, the law, and school board policy Skill in making ethical decisions Courage to act on our ethical obligations Tolerance for ambiguity

  4. NATURE OF COUNSELLOR-CLIENT RELATIONSHIP Fiduciary Relationship Counsellors have a fiduciary duty to their clients. It is “a relationship in which one person is under duty to act for the benefit of the other on matters within the scope of the relationship.”

  5. NATURE OF COUNSELLOR-CLIENT RELATIONSHIP (cont’d.) A fiduciary is “one who owes to another the duties of good faith, trust, confidence…one who must exercise a high standard of care…”(Blacks Law Dictionary 1999)

  6. ETHICAL MISCONDUCT In the US… • 6 - 10% counsellors affected Nuekrug et al. (2001) • 34 states report 1,018 complaints • Inappropriate dual r/s (24%) • Sexual r/s with client (7%) • Breach of confidentiality (5%) • Failure to report abuse (1%)

  7. COMPLAINTS

  8. COMPETENCE “Render counselling services to a degree of skill and knowledge commonly applied under all circumstances in the community by the average prudent reputable member of the profession.”

  9. BOUNDARIES OF COMPETENCE Counsellors limit their counselling services and practices to those which are within their professional competence by virtue of their education and professional experience, and consistent with any requirements for provincial and national credentials. They refer to other professionals, when the counselling of clients exceed their level of competence. CCPA Code of Ethics, 2007

  10. COMPROMISED JUDGEMENT • Gap in professional knowledge • Personal issues / wounded healer / burnout • Unconscious, feeling-based actions not sufficiently accounted for

  11. SELF-AWARENESS EXERCISE:Identifying Potential Vulnerability (Brennan, 2009) http://www.counselingoutfitters.com/vistas/vistas09/Article_13_Brennan.pdf

  12. Conscious good intention Preconscious/unconscious needs, wants, motivations

  13. MECHANISMS OF IMPAIRMENT Countertransference • Feelings toward client triggered by counsellor’s past Splitting • Mental process enabling the co-existence of two separate yet competing desires

  14. High Risk Situations = Developmental theme + HOT/COLD issue + countertransference OR Developmental theme + HOT/COLD issue + splitting

  15. “PREVENTION” • Focus on feelings, fantasies, personal history • Analyze occurrences of countertransference • Identify areas where ethical violations are most likely to occur • Process/consult in individual or group supervision • Maintain an ethics notebook/journal • Connect with an ethics mentor • Move beyond rule-based discussion • Be open to feedback

  16. RESOURCES http://www.ccpa-accp.ca/en/resources/ • CCPA Code of Ethics • CCPA Standards of Practice for Counsellors • Ethics Casebook • Notebook on Ethics • FAQ  7. Ethics

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