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 second edition

ETHICS
DESK
REFERENCE
for
Counselors

Jeffrey E. Barnett and W. Brad Johnson

AMERICAN COUNSELING
ASSOCIATION
5999 Stevenson Avenue | Alexandria, VA 22304
www.counseling.org
 second edition

ETHICS
DESK
REFERENCE
for
Counselors
Copyright © 2015 by the American Counseling Association. All rights reserved.
Printed in the United States of America. Except as permitted under the United
States Copyright Act of 1976, no part of this publication may be reproduced
or distributed in any form or by any means, or stored in a database or retrieval
system, without the written permission of the publisher.

10 9 8 7 6 5 4 3 2 1

American Counseling Association

5999 Stevenson Avenue
Alexandria, VA 22304
Associate Publisher Carolyn C. Baker
Digital and Print Development Editor Nancy Driver
Production Manager Bonny E. Gaston
Copy Editor Kay Mikel
Text and cover design by Bonny E. Gaston.
ISBN 978-1-55620-327-5

Library of Congress has cataloged the earlier, first edition, as follows:

Barnett, Jeffrey E.
Ethics desk reference for counselors/Jeffrey E. Barnett and W. Brad Johnson.
p. cm.
Includes bibliographical references and index.
ISBN 978-1-55620-298-8 (alk. paper)
1. Counselors—Professional ethics. 2. Counseling—Moral and ethical aspects.
3. Counseling—Standards. I. Johnson, W. Brad. II. Title.
BF636.67.B37 2010
174'.91583—dc22 2009015061
To our counseling graduate students, past and present

iii
 Contents
Foreword ix
Preface xiii
About the Authors xv

PART I | The American Counseling Association Code of Ethics

The ACA Code of Ethics Preamble 3

Section A | The Counseling Relationship 5

Introduction 5
A.1. Client Welfare 6
A.2. Informed Consent in the
Counseling Relationship 10
A.3. Clients Served by Others 16
A.4. Avoiding Harm and Imposing Values 16
A.5. Prohibited Noncounseling Roles and Relationships 17
A.6. Managing and Maintaining Boundaries
and Professional Relationships 20
A.7. Roles and Relationships at Individual, Group,
Institutional, and Societal Levels 23
A.8. Multiple Clients 24
A.9. Group Work 25
A.10. Fees and Business Practices 26
A.11. Termination and Referral 30
A.12. Abandonment and Client Neglect 30

Section B | Confidentiality and Privacy 33

Introduction 33
B.1. Respecting Client Rights 33
B.2. Exceptions 35
B.3. Information Shared With Others 40
v
Contents

B.4. Groups and Families 43

B.5. Clients Lacking Capacity to Give Informed Consent 45
B.6. Records and Documentation 46
B.7. Case Consultation 52

Section C | Professional Responsibility 55

Introduction 55
C.1. Knowledge of and Compliance With Standards 55
C.2. Professional Competence 57
C.3. Advertising and Soliciting Clients 62
C.4. Professional Qualifications 64
C.5. Nondiscrimination 66
C.6. Public Responsibility 67
C.7. Treatment Modalities 70
C.8. Responsibility to Other Professionals 71

Section D | Relationships With Other Professionals 73

Introduction 73
D.1. Relationships with Colleagues, Employers,
and Employees 74
D.2. Provision of Consultation Services 78

Section E | Evaluation, Assessment, and Interpretation 81

Introduction 81
E.1. General 81
E.2. Competence to Use and Interpret
Assessment Instruments 83
E.3. Informed Consent in Assessment 84
E.4. Release of Data to Qualified Personnel 85
E.5. Diagnosis of Mental Disorders 86
E.6. Instrument Selection 88
E.7. Conditions of Assessment Administration 89
E.8. Multicultural Issues/Diversity in Assessment 90
E.9. Scoring and Interpretation of Assessments 91
E.10. Assessment Security 93
E.11. Obsolete Assessment and Outdated Results 93
E.12. Assessment Construction 94
E.13. Forensic Evaluation: Evaluation for
Legal Proceedings 95

Section F | Supervision, Training, and Teaching 99

Introduction 99
F.1. Counselor Supervision and Client Welfare 99
F.2. Counselor Supervision Competence 102
F.3. Supervisory Relationship 103
F.4. Supervisor Responsibilities 105
F.5. Student and Supervisee Responsibilities 107

vi
 Contents

F.6. Counseling Supervision Evaluation, Remediation,

and Endorsement 109
F.7. Responsibilities of Counselor Educators 110
F.8. Student Welfare 115
F.9. Evaluation and Remediation 117
F.10. Roles and Relationships Between
Counselor Educators and Students 118
F.11. Multicultural/Diversity Competence in
Counselor Education and Training Programs 121

Section G | Research and Publication 123

Introduction 123
G.1. Research Responsibilities 123
G.2. Rights of Research Participants 125
G.3. Managing and Maintaining Boundaries 130
G.4. Reporting Results 131
G.5. Publications and Presentations 133

Section H | Distance Counseling, Technology, and Social Media 139

Introduction 139
H.1. Knowledge and Legal Considerations 140
H.2. Informed Consent and Security 141
H.3. Client Verification 144
H.4. Distance Counseling Relationship 145
H.5. Records and Web Maintenance 149
H.6. Social Media 150

Section I | Resolving Ethical Issues 153

Introduction 153
I.1. Standards and the Law 154
I.2. Suspected Violations 156
I.3. Cooperation With Ethics Committees 159

Glossary of Terms 161

PART II | Decision Making and Ethical Practice in Counseling

An Ethical Decision-Making Process for Counselors 167

Ethical Issues Regarding Culture and Diversity 173
Confidentiality 179
Exceptions to Confidentiality 185
Counseling Suicidal Clients 189
Boundaries and Multiple Relationships in Counseling 193
Competence 197
Supervision 201
Managed Care 205
Integrating Technology Into Counseling Practice 209

vii
Contents

Termination and Abandonment 215

Responding to Subpoenas and Court Orders, Lawsuits,
and Ethics Complaints 221

Appendix | Resources for Counselors 227

Index 231

viii
 Foreword
Drs. Jeffrey E. Barnett and W. Brad Johnson, two highly regarded ethics
scholars in the counseling field, have done a marvelous job of interpreting and
applying the 2014 American Counseling Association’s ACA Code of Ethics to
a range of counseling settings. This second edition of Ethics Desk Reference for
Counselors (EDR) is organized in a clear and logical manner, which provides
for useful comparisons of the various ethical standards. In Part I, each of the
standards (or a group of related standards) is followed with a brief section,
Essential Elements, that captures in a nutshell the intent of a given standard
or set of standards. A Common Dilemmas and Conflicts section lists some
potential risks and areas of concern. The final section, Prevention and Positive
Practice, provides a useful checklist of key points that can assist students and
counseling practitioners when applying ethical principles in their work. These
points highlight steps leading toward aspirational practice. I found the main
points listed in all of these sections to be insightful, and they offer a good
platform for further thinking about applying a set of ethical standards to one’s
own counseling practice.
This second edition of the EDR retains the original format, but the authors
have updated all of its content to reflect the newly revised ACA Code of Ethics.
Part II explores decision making and ethics in a series of brief chapters, which
have been updated to reflect the 2014 ACA Code of Ethics. A new chapter,
“Integrating Technology Into Counseling Practice,” addresses the ethical
standards in the new Section H of the code, which provides guidance in the
areas of distance counseling, technology, and social media.
The authors make it clear that no ethics code addresses every potential ethi-
cal dilemma a counselor is likely to face. They emphasize the importance of
developing an approach to ethical decision making as counselors work through
an ethical dilemma. I like that the authors highlight that many ethical dilem-
mas do not have a clearly right or wrong answer. They show how it is critical
to carefully consider what the ACA Code of Ethics states as applied to a range

ix
Foreword

of practical situations. A major portion of the book deals with making the
best ethical decisions associated with a variety of practice areas, some of which
include ethical issues pertaining to culture and diversity, confidentiality and
its exceptions, boundaries and multiple relationships, the use of technology in
counseling, competence, working with clients who are suicidal, supervision, and
termination and abandonment. They also address the topic of responding to
subpoenas and court orders, lawsuits, and ethics complaints. In each of these
areas, the authors have written a concise, clear, and meaningful summary of
the topic. I particularly like that they are not rule-bound in their discussion
of these topics but have managed to present a balanced view of key principles
to consider. For example, in writing about multiple relationships, they do
identify some of the potential problem areas and offer wisdom to consider
before engaging in these relationships. However, they do not judge all such
relationships as unethical and unprofessional. In fact, they make the excellent
point that sometimes it is possible to harm a client by rigidly adhering to a
set of ethical standards without carefully reflecting on the application of these
standards to a diverse range of cases.
The writing is exceptionally clear and without extraneous discussion. Drs.
Barnett and Johnson keep the focus on basic ethics issues and achieve a bal-
anced perspective in discussing various ethical practices. For example, they
provide both benefits and risks of engaging in certain ethical practices, such as
bartering, forming multiple relationships with clients, and deciding whether or
not to accept a client’s gift. In the section on ethical issues regarding culture
and diversity, they capture the essence of the various ACA standards associated
with diversity perspectives. The authors address the problem of being culturally
encapsulated and make a number of useful recommendations for practitioners
in ethically and effectively providing services to diverse client populations.
They underscore the importance of counselors striving to increase their cultural
competence, examining their own cultural values, and adapting their counseling
practices to a wide range of clients. They have done a fine job of incorporating
the theme of multicultural and diversity perspectives that is a part of the 2014
version of the ACA Code of Ethics in all the sections in this book.
Readers who want to reflect on questions such as the following will find
plenty of thoughtful material to assist them in applying the ethics standards to
various practice problems in professional practice:

• How can counselors embrace a multicultural perspective in all aspects of

their practice?
• What are some steps counselors can take in thinking through ethical
dilemmas they will encounter in their practice?
• What is the role of consultation in working through an ethical dilemma?
• How can informed consent be designed to meet the needs of a wide
range of clients from diverse cultural populations?
• What are some ethical dilemmas in assigning a diagnosis to clients from
certain cultural groups?
• What are some critical ethical and legal considerations in the use of
technology in counseling?

x
 Foreword

• What are some advantages and disadvantages in distance counseling?

• What are some key ethical issues counseling practitioners need to ad-
dress pertaining to social media?
• What are some ethical, cultural, and clinical issues to consider with re-
spect to receiving gifts and bartering?
• What is competence, and how can it best be developed and maintained?
• What are some ethical issues to consider in the practice of supervision?
• How can termination of a counseling relationship be done in an ethical
and effective manner?
• What are some ways that counselors might respond to a malpractice suit
or an ethics complaint?

The authors did not write a book focused on legal issues, nor did they take
a legalistic, risk-management approach to ethics. However, their writing reflects
the importance of considering the interface of legal and ethics issues in counsel-
ing practice, and they do provide specific guidelines that are bound to be good
risk-management practices. The authors clearly focus on what is best for clients
and what constitutes sound practice. They focus on the best principles of ap-
plying ethics standards to a range of problems counselors will need to grapple
with, and they challenge the reader to think about the best way to proceed. It
is apparent that Drs. Barnett and Johnson have a clear grasp of ethical practice
in counseling and are able to communicate to both students and professional
counselors in a collegial manner. They avoid being prescriptive, and at the same
time, they offer some solid advice for students and counselors to consider in
their process of ethical decision making. This book is a useful supplementary
book for students in ethics courses and for counseling professionals in a variety
of specializations. In addition, it is a useful reference tool that can be consulted
at various points in conjunction with consulting with trusted colleagues. The
book is easy to read, interesting, and provides a venue for self-reflection and
discussion of key ethics issues in the counseling profession.

—Gerald Corey, EdD

Diplomate in Counseling Psychology, ABPP
Professor Emeritus of Human Services and Counseling
California State University, Fullerton

xi
 Preface
Counselors strive to practice ethically and competently, with the best interests
of those they serve in mind. The American Counseling Association’s ACA Code
of Ethics is the primary source of guidance for ethical practice by counselors.
It applies to all roles, settings, and types of services counselors provide. Some
aspects of the ACA Code of Ethics may seem straightforward, even obvious, in
application, but other aspects of the Code of Ethics may leave counselors feeling
perplexed about how best to apply them. The Ethics Desk Reference for Counselors
(EDR) is designed to assist counselors in both the interpretation and applica-
tion of the ACA Code of Ethics. Because both the counseling profession and
the contexts in which counselors practice constantly evolve, the Code of Ethics
is periodically revised and updated. This second edition of the EDR reflects the
latest—2014—edition of the ACA Code of Ethics. Each section of the Code of
Ethics is reprinted here accompanied by a brief commentary that emphasizes
its most essential elements, common ethical dilemmas and problems relevant
to that section, and specific strategies for prevention and positive practice. The
ACA Code of Ethics provides standards and guidance relevant to all aspects
of each counselor’s professional activities and context, but it cannot provide
specific guidance or concrete answers for every situation or ethical dilemma.
Therefore, we provide a decision-making model to assist counselors in apply-
ing the ACA Code of Ethics to the broad range of challenges and situations
faced in the course of their work. This model provides a step-by-step process
for responding thoughtfully to dilemmas that may confront counselors and is
intended to supplement the use of the ACA Code of Ethics.
Counselors work in a wide range of roles and settings with diverse clients,
supervisees, students, research participants, and colleagues. As a counselor,
you may face a host of quandaries and dilemmas in your counseling practice,
your supervisory work, your teaching, your research, and even your collegial
relationships. A thorough understanding of the ACA Code of Ethics and how
to effectively apply it in any situation will help ensure that you provide the best

xiii
Preface

possible professional services. Let’s be clear, no one can expect to handle every
ethical dilemma flawlessly; life and counseling work are simply too complicated
for that. But the use of a thoughtful decision-making process; consultation
with colleagues; knowledge of relevant laws, regulations, and policies; and the
effective application of the ACA Code of Ethics each will contribute to ethical
conduct and practice.
The EDR is intended to be an easy-to-use and accessible resource for every
counselor and for every counselor-in-training. In addition to explaining each
section of the ACA Code of Ethics, its application, dilemmas associated with
it, and proven strategies for prevention and positive practice, the EDR offers
a number of additional resources to assist counselors in their work. Part II of
the EDR provides specific ethical guidance in key areas of counseling that are
most likely to provoke ethical questions and dilemmas. These special guidance
sections include ethical issues in culture and diversity, confidentiality, exceptions
to confidentiality, counseling suicidal clients, boundaries and multiple relation-
ships in counseling, competence, supervision, managed care, integrating the
use of technology into counseling practice, termination and abandonment, and
how to respond to an ethics complaint or malpractice suit. Finally, we provide
a set of resources to augment the EDR and provide counselors with further
consultation and study in the area of professional ethics.
We hope that the EDR will be an indispensable resource for each counselor
and each counselor-in-training. We also hope you will keep it on your desk,
refer to it frequently, and utilize its guidance to help promote ethical and ef-
fective counseling practice on an ongoing basis.
Finally, we express our great thanks to Carolyn Baker, the Associate Pub-
lisher at the American Counseling Association. Carolyn was extremely helpful
in assisting us in taking the EDR from our initial idea to this published final
product. Carolyn was a valued resource who assisted us each step along the
way with her support, guidance, and thoughtful feedback.

xiv
 About the Authors
Jeffrey E. Barnett, PsyD, ABPP, is a licensed mental health professional and
a professor at Loyola University, Maryland. There, among other duties, he
trains master’s-level students in counseling psychology and advanced graduate
students in the Licensed Clinical Professional Counselor track. He has served
on professional ethics committees and regularly publishes and presents in the
areas of ethics, legal, and professional practice issues for mental health profes-
sionals. He also serves in various editorial capacities for a number of profes-
sional publications. His most recent books include Financial Success in Mental
Health Practice: Essential Strategies and Tools (2008; with Steven Walfish) and
Practical Ethics for the Business of Private Practice: A Guide for Mental Health
Practitioners (2014; with Jeffrey Zimmerman and Steven Walfish).

W. Brad Johnson, PhD, teaches in the counseling program in the Graduate

School of Education at Johns Hopkins University, where he has been awarded
the university’s teaching excellence award. He is also a professor at the U.S.
Naval Academy and has served as a member of professional ethics committees
and institutional review boards. He has authored more than 100 articles and
book chapters, as well as 12 books, in the areas of ethical behavior, mentor
relationships, and counseling. Among his most recent books are The Elements
of Ethics (2008; with Charles Ridley); The Elements of Mentoring: Revised
Edition (2008; with Charles Ridley); and Ethical Conundrums, Quandaries,
and Predicaments in Mental Health Practice (2011; with Gerald Koocher).

xv
 PART I

The
American Counseling Association
Code of Ethics
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