Ethical and Legal Issues in Counseling: A Conventional Content Analysis

This interview begins the Lifetime Achievement in Counseling Series at TPC that will present an annual interview with a seminal figure who has attained outstanding achievement in counseling over a career. Although there are many people in counseling who deserve to be designated as the first interviewee, I am honored to present the inaugural interview of Dr. Theodore P. Remley, Jr. I have known Ted for 25 years and consider him to be a mentor, a colleague and foremost, a friend. His contributions to the counseling profession, from teaching, research and scholarship to mentoring and introducing students to the globalization of counseling, is laudable. Dr. Neal Gray and Lindsay Kozak are no less worthy in accepting my editorial assignment of interviewing Dr. Remley. What follows are thought-provoking reflections from an outstanding counseling leader and visionary. -J. Scott Hinkle, EditorTheodore P. Remley, Jr. is an author or editor of three counseling textbooks, a monograph series, numerous book chapters, and over 40 refereed journal articles, most of which are related to law and ethics in counseling. His coauthored textbook with Dr. Barbara Herlihy, Ethical, Legal, and Professional Issues in Counseling, is the most widely used ethics text in the counseling profession. He also has published books on ethical and legal issues in school counseling and marriage and family therapy. Dr. Remley has been a professor of counseling for over 35 years and currently holds the position of Professor of Counseling and Booth-Bricker Endowed Professor at the University of Holy Cross in New Orleans. In addition, he has held full-time faculty positions at Old Dominion University, where he was also the Batten Endowed Chair, the University of New Orleans, Mississippi State University and George Mason University. He is a former Executive Director of the American Counseling Association. Dr. Remley held the rank of Captain in the United States Army and has practiced as a school counselor, college counselor and private practitioner in both counseling and law.Dr. Remley received a PhD in counselor education and supervision from the University of Florida and holds a JD degree from Catholic University in Washington, DC. He is a National Certified Counselor and a Licensed Professional Counselor in Louisiana, Mississippi and Virginia, as well as a Marriage and Family Therapist in Louisiana. He also is licensed to practice law in Florida and Virginia. Dr. Remley is a Fellow in the American Counseling Association and is the recipient of a Lifetime Achievement Award from the Association for Counselor Education and Supervision. He was selected as a counseling leader and featured in the book Leaders and Legacies: Contributions to the Profession of Counseling, edited by West, Osborn and Bubenzer (2003).Dr. Remley has directed international counseling institutes in Ireland, Bhutan, Argentina, Africa and Italy. He was President of the Virginia Counselors Association and Chair of the Southern Region of the American Counseling Association. He was one of the leaders involved in getting the first licensure bill for counselors passed in Virginia in 1976. He has served on four state counseling licensure boards and chaired the boards in Virginia and Louisiana. He helped draft regulations for the District of Columbia board when it was first established and chaired the ethics committee for the boards in Virginia, Mississippi and Louisiana. He is the Founding President of the American Association of State Counseling Boards, the organization that provides a forum for counseling licensure boards in all states and jurisdictions to communicate with each other and work toward appropriate and fair regulation of the counseling profession. He served as a trustee on the board of Divine Word College in Epworth, Iowa, and was a member of the TRICARE study panel for the National Academy of Sciences Institute of Medicine. Dr. Remley offers readers a valuable perspective on the counseling profession based on his extensive experiences. …

Cardiopulmonary resuscitation and subsequent care are subject to various ethical and legal issues. Few studies have addressed ethical and legal issues in post-resuscitation care. To explore nurses' experiences of ethical and legal issues in post-resuscitation care. This qualitative study adopted an exploratory descriptive qualitative design using conventional content analysis. In-depth, semi-structured interviews were conducted in three educational hospital centers in northwestern Iran. Using purposive sampling, 17 nurses participated. Data were analyzed by conventional content analysis. The study was approved by Research Ethics Committees at Tabriz University of Medical Sciences. Participation was voluntary and written informed consent was obtained. For each interview, the ethical principles including data confidentiality and social distance were respected. Five main categories emerged: Pressure to provide unprincipled care, unprofessional interactions, ignoring the patient, falsifying documents, and specific ethical challenges. Pressures in the post-resuscitation period can cause nurses to provide care that is not consistent with guidelines, and to avoid communicating with physicians, patients and their families. Patients can also be labeled negatively, with early judgments made about their condition. Medical records can be written in a way to indicate that all necessary care has been provided. Disclosure, withdrawing, and withholding of therapy were also specific important ethical challenges in the field of post-resuscitation care. There are many ethical and legal issues in post-resuscitation care. Developing evidence-based guidelines and training staff to provide ethical care can help to reduce these challenges.

Interface of Law and Psychiatric Problems in the Elderly.

BackgroundUncertainty surrounds the ethical and legal implications of algorithmic and data-driven technologies in the mental health context, including technologies characterized as artificial intelligence, machine learning, deep learning, and other forms of automation.ObjectiveThis study aims to survey empirical scholarly literature on the application of algorithmic and data-driven technologies in mental health initiatives to identify the legal and ethical issues that have been raised.MethodsWe searched for peer-reviewed empirical studies on the application of algorithmic technologies in mental health care in the Scopus, Embase, and Association for Computing Machinery databases. A total of 1078 relevant peer-reviewed applied studies were identified, which were narrowed to 132 empirical research papers for review based on selection criteria. Conventional content analysis was undertaken to address our aims, and this was supplemented by a keyword-in-context analysis.ResultsWe grouped the findings into the following five categories of technology: social media (53/132, 40.1%), smartphones (37/132, 28%), sensing technology (20/132, 15.1%), chatbots (5/132, 3.8%), and miscellaneous (17/132, 12.9%). Most initiatives were directed toward detection and diagnosis. Most papers discussed privacy, mainly in terms of respecting the privacy of research participants. There was relatively little discussion of privacy in this context. A small number of studies discussed ethics directly (10/132, 7.6%) and indirectly (10/132, 7.6%). Legal issues were not substantively discussed in any studies, although some legal issues were discussed in passing (7/132, 5.3%), such as the rights of user subjects and privacy law compliance.ConclusionsEthical and legal issues tend to not be explicitly addressed in empirical studies on algorithmic and data-driven technologies in mental health initiatives. Scholars may have considered ethical or legal matters at the ethics committee or institutional review board stage. If so, this consideration seldom appears in published materials in applied research in any detail. The form itself of peer-reviewed papers that detail applied research in this field may well preclude a substantial focus on ethics and law. Regardless, we identified several concerns, including the near-complete lack of involvement of mental health service users, the scant consideration of algorithmic accountability, and the potential for overmedicalization and techno-solutionism. Most papers were published in the computer science field at the pilot or exploratory stages. Thus, these technologies could be appropriated into practice in rarely acknowledged ways, with serious legal and ethical implications.

Reply to Guo and to Chen et al.

The aim of this preliminary study is to disseminate the reliability of Ethical and Legal Issues in Counseling Self-Efficacy Scale (ELICSES). ELICSES consists of 23 items and it is used to measure trainee counselors’ self-efficacy in dealing with legal and ethical issues. We performed a small-scale study to assess the degree of reliability in a university setting. The findings revealed acceptable internal consistency reliability of the full scale and three subscales. Hence, the scale is an ideal instrument to measure trainee counselors’ self-efficacy in dealing with legal and ethical issues. However, we suggest the future researchers work on test-retest reliability and examine ELICSES across cultures involving multination.

Guidelines for Adolescent Health Research*1, *2A position paper of the Society for Adolescent Medicine

The aim of the paper is to raise awareness around the legal and ethical issues involved in the enforcement of caesarean sections on non-consenting women. The paper considers the competing rights of mother and foetus in situations where a mother's wishes may result in harm or death to the foetus. In this light of various court decisions about enforcing caesarean sections, the paper examines the pertinent legal and ethical issues, recognising that health professionals need to operate within an explicit legal and ethical framework. Content. The arguments about a woman's right to autonomous decision-making and a foetus' absolute right to life are examined with the focus throughout being on the legal framework. The need for health professionals to work within this as well as to avoid the temptation to base individual clinical decisions or professional behaviour on subjective moral judgements is emphasized. The attitudes of the judiciary are considered along with recent legal developments. There is an analysis of the way in which established legal principle is sometimes circumvented to override a woman's right to autonomy. The part played by lawyers and health professionals in denying a woman's competence to consent in order to achieve an outcome of which they approve is critically appraised. The basis for the decisions in these cases is deconstructed, along with a discussion of the role of health professionals in contributing to the dilemmas highlighted. It is essential that nurses or midwives caring for pregnant women have a full understanding of the legal and ethical issues surrounding this complicated and emotive area and where they, as health professionals, fit within this. The subject matter is also a useful arena for debating such ethical and legal issues as capacity and competence to consent as well as the extent of the right of any patient to full autonomy.

Described by its author as the third in a “trilogy” of books pertaining to complementary and alternative medicine, Future Medicine contemplates the emerging regulatory and ethical implications of spirituality in health and healing. As a religious scholar and director of legal programs at Harvard Medical School’s Division for Research and Education in Complementary and Integrative Medical Therapies, Michael Cohen demonstrates in Future Medicine his expertise, passion, and courage to address this delicate and timely topic.

Our improved understanding of the experience of people with dementia provides a new impetus to address legal and ethical issues. This paper explores emerging issues in relation to awareness in dementia and its impact on legal and ethical matters. The different approaches and principles demonstrated in relation to ethical issues are discussed, with an exploration of the concepts of beneficence, non-maleficence, autonomy, and paternalism. Application of these concepts is discussed in relation to advance directives, capacity, and decision making, participation in research and treatment, including informed consent, and truth telling. The tensions that exist between the imperatives of doing no harm and of maintaining autonomy in addressing legal and ethical issues are highlighted, and attention drawn to the manner in which the attribution of unawareness is used to justify withholding autonomy. The review emphasizes the importance of considering competency and awareness as being multi-faceted, to be understood in the context of social interaction.

Legal and ethical issues in evaluating abortion services

Legal and Ethical Issues in Evaluating Abortion Services

Preface.- Acknowledgements.- Notes on Contributors.- Chapter 1: Introduction.- Part I: Introduction to Patient and Family-Centred Care.- Chapter 2: Paediatric Patient-Centred Care: Evidence and Evolution David B. Nicholas, Krista Keiltyand Karima Karmali.- Chapter 3: A Canadian Perspective on a Child's Consent to Research Within a Context of Family-Centred Care: From Incompatibility to Synergy Linda Sheahan, Michael Da Silva, Christine Czoli and Randi Zlotnik Shaul.- Chapter 4: Resource Allocation in Paediatric Patient and Family-Centred Care Jennifer L. Gibson.- Part II: Legal, Ethical and Cultural Considerations.- Chapter 5: Culture, Religion and Family-Centred Care: Rani H. Srivastava.- Chapter 6: Ethical and Legal Issues in Patient and Family-Centred Care: Canadian First Nations, Metis and Inuit People Julija Kelecevic.- Chapter 7: Accounting for the Family in Law: An Impartial but not Impersonal Point of View Lee A. Chapman.- Chapter 8: Legal Considerations in Paediatric Patient and Family-Centred Healthcare Joan M. Gilmour.- Part III: Implementation and Lived Experience.- Chapter 9: Paediatric Patient-Centred Care at SickKids: Advancing Child & Family-Centred Care Krista Keilty, David B. Nicholas, Karen Sappleton and Karima Karmali.- Chapter 10: The Effect of Patient and Family-Centred Care (PFCC) Delivery Model on Paediatrics at the Thunder Bay Regional Health Sciences Centre Bonnie Nicholas.- Chapter 11: Creating Partnerships for Life: One Family's Story of Paediatric Patient and Family-Centred Paediatric Care Janis Purdy.- Chapter 12: Supporting the Developing Autonomy of Youth Patients: Reflections on the Role of Healthcare Providers Christy Simpson.- Part IV: In Context.- Chapter 13: Participation in Paediatric Research Studies Nancy Walton.- Chapter 14: Clinical Genetics Practice: Integrating Paediatric Patient and Family-Centred Care Cheryl Shuman and Riyana Babul-Hirji.- Chapter 15: End-of-Life Decision-Making in the Neonatal Intensive Care Unit: Serving the Best Interests of the Newborn Within a Patient and Family-Centred Care Framework Jonathan Hellman.- Chapter 16: Legal and Ethical Issues in Child-and Family-Centred Care:Transplantation Rebecca A. Greenberg, Michael Campbell and Linda Wright.- Chapter 17: Patient and Family-Centred Care: Critical Partnerships When Treating Adolescent Anorexia Nervosa Lori d'Agincourt-Canning, Lucinda Kunkel and Karen Dixon.- Chapter 18: Lost in Transition: Legal and Ethical Approaches When Applying Patient- and Family-Centred Care to Adolescents With Disabilities Maria L.Z. McDonald and Lucie Wade.- Chapter 19: Ethical Conflicts That may Arise When Caring for Dying Children Christine Newman, Adam Rapoport and Gurjit Sangha.

This chapter addresses some ethical and legal issues in counseling commonly encountered by counselors-in-training. As a professional counselor, you must always remember that how you conduct yourself personally and professionally reflects on not only yourself but also your colleagues and profession. Knowledge and understanding of the issues reviewed in this chapter are only a starting point. Keep up to date with the laws, ethics, policies, and procedures that govern professional practice in your state and workplace. The implementation of your professional responsibilities will require your undivided attention every day of your professional life.

Contents: E.A. Fleishman, Series Foreword. M. Reiser, Foreword. Preface. Part I:Overview. E.M. Scrivner, M.I. Kurke, Police Psychology at the Dawn of the 21st Century. J.T. Reese, A History of Police Psychological Services. E.M. Archibald, Managing Professional Concerns in the Delivery of Psychological Services to the Police. Part II:The Core Technology of Police Psychology: Evaluation. N.S. Hibler, M.I. Kurke, Ensuring Personal Reliability Through Selection and Training. C.L. Flanagan, Legal Issues Regarding Police Psychology. A.V. Stone, Law Enforcement Psychological Fitness for Duty: Clinical Issues. E. Ostrov, Legal, Psychological and Ethical Issues in Police-Related Forensic Psychology Evaluations. Part III:The Core Technology of Police Psychology: Counseling. N. Gund, B. Elliott, Employee Assistance Programs in Police Organizations. N. Bohl, Professionally Administered Critical Incident Debriefing for Police Officers. E.K. White, A.L. Honig, Law Enforcement Families. J.W. Jones, Counseling Issues and Police Diversity. Part IV:The Core Technology of Police Psychology: Training. E.K. White, A.L. Honig, The Role of the Police Psychologist in Training. J.L. Greenstone, Hostage Negotiations Team Training for Small Police Departments. Part V:Supporting Police Operations. N.S. Hibler, The Care and Feeding of Undercover Agents. N.S. Hibler, Using Hypnosis for Investigative Purposes. M.G. Gelles, Psychological Autopsy: An Investigative Aid. J.L. Greenstone, Tactics and Negotiating Techniques (TNT): The Way of the Past and the Way of the Future. Part VI:Organizational Development and Support. E.F. Kirschman, Organization Consultation to Law Enforcement: An Essay From the Field. M.I. Kurke, Organizational Management of Stress and Human Reliability. Part VII:New Directions. E.M. Scrivner, Community Policing: New Roles for Police Psychology. L.W. Seberhagen, Human Resources Management. M.I. Kurke, V.S. Gettys, Human Factors Psychology for Law Enforcement Agencies. E. Schmuckler, Strategic Planning.