Instructor’s Manual and Test Bank For
Ethical, Legal, and Professional Issues in Counseling 6th Edition Theodore P. Remley, Jr., University of Holy Cross Barbara Herlihy, University of Texas at San Antonio
Prepared by D. Robert Casares, Jr., Wake Forest University
CONTENTS
Foreword ...................................................................................................................................... iv Mock Licensure Board Ethics Hearing ............................................................................................1 Guidelines for Using Instructor’s Manual .....................................................................................10 Chapter 1 Introduction ..................................................................................................................12 Chapter 2 Professional Identity of Counselors .............................................................................16 Chapter 3 Multiculturalism, Values, Social Justice, and Advocacy .............................................20 Chapter 4 Client Rights and Counselor Responsibilities..............................................................24 Chapter 5 Confidentiality and Privileged Communication ..........................................................28 Chapter 6 Records and Subpoenas ...............................................................................................33 Chapter 7 Competence, Assessment, and Diagnosis ....................................................................36 Chapter 8 Malpractice and Resolving Legal and Ethical Challenges ..........................................41 Chapter 9 Boundary Issues ...........................................................................................................46 Chapter 10 Technology in Counseling..........................................................................................50 Chapter 11 Counseling Children and Vulnerable Adults..............................................................54 Chapter 12 Counseling Families and Groups ...............................................................................58 Chapter 13 Professional Relationships, Private Practice, and Health Care Plans .........................62 Chapter 14 Issues in Counselor Education ...................................................................................66 Chapter 15 Supervision and Consultation .....................................................................................71 Chapter 16 Professional Writing, Conducting Research, and Publishing.....................................76 Multiple Choice Questions ............................................................................................................79 Answers to Multiple Choice Questions .......................................................................................135
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MOCK LICENSURE BOARD ETHICS HEARING Ethics Complaint Hearing Held by a State Licensure Board Directions for Classroom Exercise This exercise is a bit complicated, but the learning that results is worth the preparation effort. Be sure that you, as the course instructor, have a thorough understanding of the details and the process to be used before beginning this exercise. Assign the following roles to students in the class: Hearing Officer Prosecuting Attorney for the Board Board Members The Accused LPC (male) Complainant One (female) Complainant Two (male) Witness for Complainant One (female) Witness for Complainant Two (female) Witness One for the Counselor (female) Witness Two for the Counselor (female) Witness Three for the Counselor (male or female) The professor for the course may want to take the role of prosecuting attorney for the board. This is a key role and the individual assuming it must be self-confident and authoritative in performing his or her functions. All class members who do not have other roles should be assigned the role of board members. At least six board members are necessary to provide a lively discussion during deliberations. If there are more than 12 students in the role of board member, divide them into two or more groups and allow them to deliberate and report their findings independently. Students should use their own names in the roles they are playing. The room should be arranged like a courtroom. The hearing officer should sit in the front center behind a desk. To the hearing officer’s right should be the prosecuting attorney for the board. The accused LPC should be to the hearing officer’s left. The board members should be facing the hearing officers. Witnesses should sit directly to the hearing officer’s left, facing the board members. The class meeting before the mock hearing will be held, give the class a copy of the handout that is provided below, which includes the facts plus role descriptions for the hearing officer, prosecuting attorney for the board, board members, and the accused LPC. Do not give them the role descriptions of the witnesses.
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Emphasize that this licensure board is interested in whether the accused LPC violated the ACA Code of Ethics. Require class members to read carefully each section of the ACA Code of Ethics that are alleged to have been violated in this case. These include A.5, A.11.b, C.2.a, C.3.d, C.4.a, and C.6.d. In the class meeting before the mock hearing is held, go over each of the Code articles with the class and answer any questions class members may have about the relevant articles of the ACA Code. The hearing officer will convene the proceeding. The hearing officer will state that the purpose of the hearing is for the board members to hear the complaints that have been lodged against the accused LPC, and if they determine that the LPC has violated any of the following Code articles: A.5, A.11.b, C.2.a, C.3.d, C.4.a, and/or C.6.d., the board members will impose sanctions on the LPC. The hearing officer will tell the prosecuting attorney for the board to begin and will rule on any procedural matters but will not participate in the proceedings otherwise. The prosecuting attorney for the board will begin by explaining the nature of the case to the board members. The prosecuting attorney for the board will call witnesses in the following order: complainant one; witness for complainant one; complainant two; witness for complainant two. The prosecuting attorney for the board will first question the witnesses in an attempt to present all relevant information to the board members. After questioning each witness, the hearing officer will allow board members to ask each witness any questions they might have. After presenting the case against the LPC, the prosecuting attorney for the board will allow the LPC to present his defense. The prosecuting attorney for the board will call witnesses in the following order: the accused LPC; witness one for the LPC; witness two for the LPC; and witness three for the LPC. Again, after questioning each witness, the hearing officer will allow board members to ask each witness any questions they might have. After all the witnesses have testified, the prosecuting attorney for the board will ask any additional questions he or she has of any of the witnesses and will invite the board members to do the same. The prosecuting attorney for the board will not allow any questions from board members that are not relevant to the case or are not reasonable. The accused LPC and all other witnesses should be instructed to answer only questions posed to them and not offer any information unless asked a question that would elicit that information. They should also be instructed to make up reasonable responses to questions if the role information they have been given does not contain that information. When this process has ended, the hearing officer will instruct the board members that they are to deliberate and determine by majority vote whether the LPC violated one or more ethical standard. All class members with roles (including the accused LPC and all witnesses) should be instructed at the end of hearing to switch roles and become a licensure board themselves. They should also deliberate and determine by majority vote whether the LPC violated one or more of the ethical standards. In the event that one or more violations are found, the hearing officer will instruct the board members to determine the sanction to impose. Each group of students who comprise a board must deliberate in separate rooms. At the beginning of the deliberations, the board members will elect a chair who will manage the deliberations and will report the findings at the end of the deliberations. 2 .
When the deliberations have ended, the chair of the board members will announce their findings to the class. The chair will announce each standard of practice and whether or not a violation was found and will announce any sanctions to be imposed, if any violations were found. The course instructor should record the findings on a board for all class members to see. The entire process can then be discussed, and learning points can be emphasized. Each of the following role descriptions should be given only to the individual who is assuming the role. Each witness should be given only his or her role individually. Witnesses should not see the roles of other witnesses. In addition, these directions and all witness roles should be given to the individuals who are assuming the roles of the prosecuting attorney for the board and the hearing officer.
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