CPSY 275: LEGAL AND ETHICAL ISSUES IN COUNSELING WINTER QUARTER 2013 COUNSELING PSYCHOLOGY AND EDUCATION SANTA CLARA UNIVERSITY Donald D. St. Louis, D. Min., MFT Classes will meet in Loyola 137: Thursdays, 5:30 – 8:30 PM For appointments, please email: dstlouis@scu.edu Office Hours: Tuesdays, 1:00 – 5:00 PM COURSE DESRIPTION: Ethics is much more than a set of rules and strategies to avoid legal liability and professional censure. Rather, it is a fundamental wa y of being in relationship with clients, students, supervisees, and colleagues that both promotes development and prevents harm. This course is an introductory exploration of critical legal and ethical issues in the counseling field, and of values clarifi cation as a method of critical thinking, ethical decision - making, and behavioral analysis. Students will explore the impact of their personal values on their professional work and ethical decisions, and will confront such issues as therapist competence, co nfidentiality, client rights, conflict of values, the duty to warn and protect, dealing with managed care, etc. This course is designed to assist students in developing a personal methodology for resolving ethical dilemmas around such issues. Students will also become conversant with current legislation related to these issues and other areas of clinical practice. Prerequisites: CPSY 200, CPSY 218 [This course is in full compliance with the educational directives and requirements of The Statutes and Regu lations Relating to the Practice of Marriage and Family Therapy, issued by the Board of Behavioral Sciences, January 2012. Sections 4980.36, 4980.37, 4980.39, and 4980.395. Cf. Appendix III.] METHODOLOGY AND REQUIREMENTS: 1. Class attendance and active participation. Each class meeting will combine lecture and student activity (discussion, group work, role plays, etc.). Because of the highly interactive nature of our meetings, consistent attendance is expected. Students are expected to come to class havi ng completed all reading assignments, and ready to actively engage the material. Lack of participation and/or poor preparation for engaging the material under discussion will negatively impact a student’s grade. 2. Required texts: Gerald Corey, Marianne Sc hneider Corey, and Patrick Callanan. Issues and Ethics in the Helping Professions. Monterey: Brooks/Cole, 2010. Eighth Edition. Reader: Select articles compiled by instructor. Because of copyright restrictions, the originals are on reserve on Camino. Y ou may legally make your own personal copy. 3. Two two - page reflection papers on an ethical issue assigned by the instructor. All written assignments, including papers and exams, should, of course, reflect graduate level writing. 4. One Written Examination (M idterm) 5 . Professional Disclosure Statement (Cf. Appendix I) 6. Group Presentation (Cf. Appendix II) GRADING: Active Participation is presupposed. Reflection Papers: 20% Examination 25% Disclosure Statement 30% Group Present ation 25% Please note: All written assignments (including examinations) should, of course, reflect graduate level writing. Students who need help with writing skills should seek appropriate assistance from University resources before submitting assig nments for grading. Students may find the following publications helpful: Michael Strumpf, and Auriel Douglas. The Grammar Bible. New York: St. Martin’s Griffin, 2004. William Strunk, and E. B. White. The Elements of Style. New York: Longman Books, 2000 . Fourth Edition. Lynne Truss. Eats, Shoots and Leaves. New York: Gotham Books, 2003. SCHEDULE OF CLASSES DATE TOPIC READING ASSIGNMENT 01/10/13 Class #1: Introduction to Course 01/17/13 Class #2: Corey: 1 & 2 Introduction to Profes sional Ethics Reader: #1 Counselor as Person/Professional CAMFT Ethical Guidelines ( www.camft.org ) Paper #1 01/24/13 Class #3: Values and Helping Corey: 3 & 4 Multicultural Perspecti ves 01/31/13 Class #4: Client Rights and Counselor Corey: 5 & 8 Responsibilities Reader: #2 Professional Competence and Training 02/07/13 Class #5: Confidentiality Corey: 6 Duty to Warn and Protect Reader: #3 & 4 02/14/13 [No Class] 02/21/13 Class # 6: Treatment of Children Reader: #5 EXAMINATION 02/28//13 Class #7: Boundaries and Multiple Relationships Corey: 7; Reader: #6 Social and Sexual Relationships “Professional Therapy Never The Issue of Touch Includ es Sex” (www.dca.ca.gov) Paper #2 11/08/13 Class #8: Supervision and Consulting Corey: 9 & 10 Theory and Practice Reader: #7 Disclosure Statement Due 11/15/13 Class #9: Marital and Family Therapy Corey: 11 & 12 Group Therapy Student Presentation 11/29/13 Class #10: Ethical Issues in Community Work Corey: 13 Student Presentations Reprise: Counselor as Person/Professional Course Summary and Evaluations RECOMMENDATION: Students are strongly encouraged to join the C alifornia Association of Marriage and Family Therapists. This is the professional organization for MFTs, and membership will provide you with several invaluable resources, including access to CAMFT’s legal counsel and the bi - monthly magazine, The Therapist . This publication is replete with useful information, and is probably the easiest way to stay abreast of changes and/or developments in legal matters affecting MFT practice. (Reader articles on California state laws governing MFT practice are taken from t his publication.) SUPPLEMENTAL READINGS FOR CPSY 275 (On CAMINO) All articles are from The Therapist , a bi - monthly publication of The California Association of Marriage and Family Therapists ( www.c amft.org ). SECTION I: SCOPE OF PRACTICE; STANDARD OF CARE; ADVERTISING GUIDELINES “Scope of Practice”: July/August, 2001. pp. 14 - 17. “The Standard of Care: Definitions and Examples”: May/June 2001, pp. 24 - 25. “Advertising Guidelines for Therapists ”: Sept/Oct 2001, pp. 25 - 29. SECTION II: INFORMED CONSENT; RECORD KEEPING; SUBPOENAS “Revisiting Informed Consent”: Sept/Oct 2006, pp. 35 - 48. “Psychotherapist - Patient Privilege”: March/April 2001, pp. 14 - 16. “What About Record Keeping?” Sept/Oct 2000 , pp. 22 - 24. “Requests for Records: How to Respond”: Ma/June 2001, pp. 14 - 15. “On writing Progress Notes”: March/April 2007, pp. 24 - 28. “Use of a No Secrets Policy in Couple and Family Therapy”: Sept/Oct 2007, pp. 32 - 35. . SECTION III: CONFIDENTIALI TY AND ITS LIMITS; TARASOFF “Tarasoff for Clinicians: A User's Guide to the Law”: Nov/Dec 2001, pp.16 - 17. “Authorization for Release of Confidential Information”: May/June 2000, pp. 22 - 23. “Confidentiality and Its Exceptions”: July/August 2004, pp. 3 2 - 36. “The Two Ewing Cases and Tarasoff”: March/April 2005, pp. 31 - 37. “HIPAA Overview”: May/June 2003, pp. 26 - 27. “How to Comply with the Privacy Rule”: May/June 2003, pp. 28 - 34. SECTION IV: CHILD, DEPENDENT ADULT, AND ELDER ABUSE “Child Abuse and N eglect Reporting Act for 2001”: Jan/Feb 2001, pp. 25 - 27. “CANRA: A Review of Key Definitions” May/June 2001, pp. 26 - 38. “Major Revisions: Elder/Dependent Adult Abuse Reporting Law Enacted”: Nov/Dec 1998, pp. 10 - 14. “LMFTs Do Not Report Domestic Violence ”: Jan/Feb 2001, p. 36. “ Child Abuse and Neglect Reporting Act: Reporting Child Abuse That Has Occurred Outside of California”: Jan/Feb 2004, pp. 20 - 21. SECTION V: TREATMENT OF MINORS “Guidelines for the Treatment of Minors”: Sept/Oct 2000, pp. 15 - 17. “Treatment of Minors Without Parental Consent”: May/June 2002, pp. 26 - 28. “Consent for the Treatment of Minors with Divorced Parents”: Nov/Dec 2001, pp. 33 - 35. “Reporting Consensual Sexual Activity Between Minors”: Jan/Feb 2007, pp. 32 - 35. SECTION VI : DUAL RELATIONSHIPS; RECOURSE AGAINST THERAPISTS “Dual Relationships: Your Legal and Ethical Guide”: Nov/Dec 2000, pp. 57 - 59. “Unlawful and Unethical Dual Relationships: A Word to the Wise”: Jan/Feb 2008, pp.15 - 21. “What Is the Potential for Recourse Against a Therapist?”: Jan/Feb 2001, pp. 14 - 16, 75. SECTION VII: SUPERVISION “A Model for Clinical/Counseling Supervision”: March/April 2001, pp. 47 - 51. “Myths and Realities of Supervision”: Mar/April 2004, pp. 50 - 57 “Supervisee Evaluation of Superv isor Form”: May/June 2008, pp. 50 - 51. APPENDIX I PROFESSIONAL DISCLOSURE STATEMENT Many clinicians use a disclosure statement as part of the informed consent process. This assignment consists of writing a TWO - page professional disclosure statement which reflects your values as a helping professional. It should include the essence of your views on matters such as: . The nature and purpose of counseling . What clients may expect from the process . The division of responsibilities between client and therap ist . A summary of your theoretical position (free of “psychobabble”) . A statement of the kinds of clients and problems you are most qualified to work with . Matters that might affect your relationship with your clients (such as legal restrictions, agency polic y, and limits of confidentiality) Remember, one of the legal aspects of informed consent is comprehension of information . This means that your statement must be written in language understandable by the average layperson. Part of the challenge of this ass ignment is to translate your beliefs and clinical theories in such a way that your clients can readily understand and know what it is that they are consenting to. (Examples will be presented in class.) APPENDIX II STUDENT GROUP PRESENTATIONS Stude nts will be divided into small groups for the purpose of developing and delivering a presentation to the class as a whole. The presentation topics will be determined in consultation with the professor, and could include any pertinent topic regarding legal and ethical issues in the practice of marriage and family therapy. E.g., therapist self - care; boundaries; dual relationships; working with minors; multicultural competence; etc. Students are encouraged to be creative in the development of the presentations , which should be limited to 35 - 40 minutes, including time for questions and discussion. Group members will also prepare together a paper of 8 - 10 pages on the topic, to be submitted to the professor on the day of the presentation, as well as a 1 - 2 page o verview to be distributed to all class members at the time of the presentation. APPENDIX III The Statutes and Regulations Relating to the Practice of: Professional Clinical Counseling Marriage and Family Therapy Educational Psychology Clinical Soc ial Work (Issued by the Board of Behavioral Sciences, January 2012.) Business and Professions Code of the State of California Chapter 13. Marriage and Family Therapists Section 4980.36.d.2.J Educational requirements include instruction in the fo llowing: (J) California law and professional ethics for marriage and family therapy, including instruction in all of the following areas of study: (i) Contemporary professional ethics and statutory, regulatory, and decisional laws that delineate the scope o f practice of marriage and family therapy. (ii) The therapeutic, ethical, and practical considerations involved in the legal and ethical practice of marriage and family therapy, including but not limited to family law. (iii) The current legal patterns and trends in t he mental health professions. (iv) The psychotherapist - patient privilege, confidentiality, the patient dangerous to self or others, and treatment of minors with and without parental consent. (v) A recognition and exploration of the relationships between a practitio ner’s sense of self and human values and his or her professional behavior and ethics. (vi) Differences in legal and ethical standards for different types of work settings. (vii) Licensing law and licensing process. NEW APA GUIDELINES ON STUDENT SELF - DISCLOSUR E The professional training philosophy of the Counseling Psychology Department is predicated on the notion than an effective counselor must be a whole person. Indeed, in the practice of counseling, it is the person of the counselor that is a major compone nt of healing. As a counselor - in - training, then, self - reflection is a necessary and required part of the training that helps one better understand and empathize with his/her future clients' experience. Such reflection is a significant component of one's personal and professional development as an effective and sensitive instrument of change. Thus, it is customary that in the CPSY Masters Program's classes at SCU students are regularly assigned work that involves self - disclosure and personal study of the c ontent of that self - disclosure. Students are expected to reflect on their past and present personal experiences in courses and program related activities, in oral and/or in written assignments. We respect students' rights to confidentiality, and do not re quire that any particular or specific information be disclosed. Moreover, we do not evaluate students' progress in the program based on the disclosure of specific information (except as mandated by ethics codes or law). It is our experience that this phil osophy and related formats in our classes provide a rich and superlative educational experience, involving more aspects of student experience than do standard lectures or written material which does not include the person of the therapist in training. D ISABILITY ACCOMMODATION POLICY To request accommodations for a disability, students must contact Disability Resources located in the Drahmann Center in Benson, Room 214, (408) 554 - 4111. TTY (408) 554 - 5445. Students must provide documentation of a disabil ity to Disability Resources prior to receiving accommodations. COUNSELING PSYCHOLOGY DEPARTMENT Grading Guidelines . It is customary in graduate programs that final course grades of B, B+, A - and A are acceptable for graduate study. Grades of B - and below indicate that a student has done inferior work at a sub - graduate school level. A student with an average of lower than 3.0 is on probation and if that GA is maintained, is disqualified. . The grading policy in CPSY is that students earn A’s through c onsistent and high quality work. We do not have a system where everyone begins with an A and then loses points to lower grades. . In a normal class the range of final course grades is from B to A with a mean in the A - /B+ range. The range may be quite a bit wider on individual papers, exams or projects that make up the final grade. . Professors may give grades of C for inferior work. A grade of C in any class, except CPSY 200, CPSY 227, must be balanced by higher grades to yield a 3.0 or better GPA. Grades of D or F, or a B - or below in CPSY 200 or 227, automatically disqualify a student from continuing in the program. . In some specialty and advanced classes, there are a great percentage of A grades. Grades of Incomplete are to be given for extraordinary circu mstances. Incompletes must be made up within four weeks of the succeeding term (except Summer) or they revert automatically to a grade of F, and the student is disqualified. The four week period must allow sufficient time for the Professor to grade and rec ord the submitted work. Extensions to an Incomplete are rare, must be in writing and contracted with the Professor. ATTENDANCE POLICY It is expected that students attend all classes in a given quarter. Should circumstances arise such that a student will need to miss a class due to illness or emergency, the student should discuss this with the instructor. Missing two classes will adversely affect your grade . Under no circumstances will a student be allowed to miss three classes and to receive credit f or that class. The course will have to be taken again. CLASSROOM PROTOCOL FOR CELL PHONES, PAGERS, TEXT MESSAGING, INTERNET BROWSING: Please be sure to TURN OFF cell phones, pagers, notepads when you are in class. It is definitely not appropriate to text message, tweet, internet browse or to engage in any other form of non - class related cyber interactions during class. Students engaging in these practices will be identified as not ready to pursue serious graduate study. Most faculty who notice anyon e engaging in any messaging, emailing, e - commerce during class will simply lower the student’s grade. BTW — It is obvious from the front of the room!