Discussion Did the counselor act in an ethical manner? Counselor Y. was justified in terminating the counseling relationship because according to the ACA Code of Ethic, she could no longer work effectively with Z. due to his inappropriate behavior and
language. She was also at risk for harm by the client as his inappropriate behavior was increasing, providing grounds for termination. She did not abandon Z. and found an appropriate counselor to continue his counseling plan at a location close by.
UNETHICAL REPRESENTATIONS
It goes without saying that professional counselors should never communicate false, fraudulent, misleading, or exaggerated claims related to counseling services or outcomes intentionally, which leads to the next category of ethical concern. As with the other ethical violations, Texas law and the national association codes of ethics clearly state the guiding rules and standards to follow to avoid ethical missteps in this area.
Many violations are motivated by the counselor’s special interests and financial gain in direct contrast to the rules stated in the TAC and ethics code standards. More importantly, violations in this area run counter to the primary goal of counselling to promote the welfare of the client.
The Texas Administrative Code: Rule §681.41, Subchapter B: Unethical Representations (Tex.Reg, 2021) (a) A licensee must not make any false, misleading, deceptive, fraudulent, or exaggerated claim or statement about the licensee’s services, including, but not limited to: (1) the effectiveness of services. deceptive, or fraudulent statements about the licensee’s practice, services, qualifications, associations, or activities. If a licensee learns of a misrepresentation; exaggerated or false claim; or false, deceptive, or fraudulent statement made by another, the licensee must take reasonable action to correct the statement.
(2) the licensee’s qualifications, capabilities, background, training, experience, education, professional affiliations, fees, products, or publications; or (3) the practice or field of counseling. (b) A licensee must not make any false, misleading, deceptive, fraudulent, or exaggerated claim or statement about the services of a mental health organization or agency, including, but not limited to, the effectiveness of services, qualifications, or products. (c) A licensee must discourage a client from holding exaggerated or false ideas about the licensee’s professional services, including, but not limited to, the effectiveness of the services, practice, qualifications, associations, or activities. If a licensee learns of exaggerated or false ideas held by a client or other person, the licensee must take immediate and reasonable action to correct the ideas held. (d) A licensee must make reasonable efforts to discourage others whom the licensee does not control from making misrepresentations; exaggerated or false claims; or false, ACA Code of Ethics: Unethical Representations C.3. Advertising and Soliciting Clients C.3.a. Accurate Advertising When advertising or otherwise rep- resenting their services to the public, counselors identify their credentials in an accurate manner that is not false, misleading, deceptive, or fraudulent. C.3.b. Testimonials Counselors who use testimonials do not solicit them from current clients, former clients, or any other persons who may be vulnerable to undue influence. Counselors discuss with clients the implications of and obtain permission for the use of any testimonial. C.3.c. Statements by Others When feasible, counselors make reason- able efforts to ensure that statements made by others about them or about the counseling profession are accurate. C.3.d. Recruiting Through Employment Counselors do not use their places of employment or institutional affiliation to recruit clients, supervisors, or consultees for their private practices. C.3.e. Products and Training Advertisements Counselors who develop products related to their profession or conduct workshops or training events ensure that the advertisements concerning these products or events are accurate and disclose adequate information for consumers to make informed choices. C.3.f. Promoting to Those Served Counselors do not use counseling, teaching, training, or supervisory relationships to promote their products or training
(y) A licensee must not evaluate any individual’s mental, emotional, or behavioral condition unless the licensee has personally interviewed the individual or the licensee discloses in the evaluation the licensee has not personally interviewed the individual. (z) A licensee must not knowingly overtreat a client. (aa)A licensee must not aid or abet the unlicensed practice of professional counseling by a person required to be licensed under the Act. (bb)A licensee must report to the Council knowledge of any unlicensed practice of counseling. (cc) A licensee or an applicant must not participate in the falsification of any materials submitted to the Council. (dd) A licensee must not provide services while impaired by a physical, mental, or medical condition or by medication, drugs, or alcohol.
events in a manner that is deceptive or would exert undue influence on individuals who may be vulnerable. However, counselor educators may adopt textbooks they have authored for instructional purposes.
C.4. Professional Qualifications C.4.a. Accurate Representation
Counselors claim or imply only professional qualifications completed and correct any known misrepresentations of their qualifications by others. Counselors truthfully represent the qualifications of their professional colleagues. Counselors clearly distinguish between paid and volunteer work experience and accurately describe their continuing education and specialized training. C.4.b. Credentials Counselors claim only licenses or certifications that are current and in good standing. C.4.c. Educational Degrees Counselors clearly differentiate between earned and honorary degrees. C.4.d. Implying Doctoral-Level Competence Counselors clearly state their highest earned degree in counseling or a closely related field. Counselors do not imply doctoral-level competence when possessing a master’s degree in counseling or a related field by referring to themselves as “Dr.” in a counseling context when their doctorate is not in counseling or a related field. Counselors do not use “ABD” (all but dissertation) or other such terms to imply competency.
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Book Code: PCTX1324
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