Page 18 - OSCA Ethical Guidelines - 2009.pdf

Section B
Acceptable Case
A counsellor asks a student’s permission to tape their counselling session. She informs the student for what purpose the tape will be used and that the tape will be treated confidentially. The student gives his consent. The counsellor shares the tape with other counsellors in a training session, ensuring that the identity of the student is kept confidential. She erases the tape following this group training session.
Unacceptable Cases
a) Acounsellorvideotapesacareercounsellingclassroom session in which a new career education resource is being piloted. The tape is subsequently used as a promotional tool to market the resource. The counsellor does not obtain signed Statements of Informed Consent from each of the students in the class.
b) A student enters his counsellor’s office displaying signs
of intense emotion. The counsellor wants to tape the counselling session, but does not want to divert the student’s attention with the request and the necessary explanation. He tapes the session for use during his counselling practicum, but does not first obtain student consent.
Legally Speaking
The definition of a “record” in the Municipal Freedom of Information and Protection of Privacy Act clearly includes an audio or videotape. Thus, all of the rules concerning access and disclosure apply. It is important for counsellors to be aware that others outside the school community could obtain access to the audio/videotapes.
12. Counsellors, upon reaching their own limitation in a counselling relationship, should:
• seek consultation from other professional persons, or
• refer the counsellee to an appropriate school board staff,
community agency, or private practitioner for assistance
and counselling, or
• terminate the counselling relationship, with appropriate
explanation to the counsellee.
Acceptable Cases
a) Uponreachingwhatheconsiderstobehisprofessional limitation in working with a student who simply is not achieving satisfactorily, the counsellor contacts the boy’s parents. He recommends the boy be referred to an appropriate District School Board resource for assessment and remediation.
b) A counsellor begins to counsel a student regarding the improvement of study habits. It soon becomes apparent
that extremely serious family problems exist. The counsellor informs the student about Family and Children’s Services and agrees, having consent of the student, to see the parents in order to expedite a referral.
c) Acounsellorrecognizesaseverepersonalityconflict between herself and a client. She arranges for another
counsellor to take responsibility for the client, explaining the
reasons to the client.
d) After a considerable number of counselling sessions during
which little progress is made, the counsellor recommends that he refer the student to the District School Board psychologist or to one of his colleagues in the school. The student refuses to cooperate with either proposal. The counsellor explains that, in his judgment, therefore, their counselling relationship must be terminated.
Unacceptable Cases
a) Afteranumberofinterviews,asecondaryschoolcounsellor has failed to help a student progress toward his stated
goals. However, she does not consult with her colleagues regarding the problem. She does not recommend that the student work with a different counsellor.
b) A counsellor works with a student for months concerning the student’s bouts of depression. No noticeable improvement is evident. He recommends that the student see a psychologist and offers to arrange a referral. The counsellee insists on continuing the counselling. The counsellor agrees to do so against his better judgment.
c) Astudentisreferredbyacounsellortoapsychiatrist.The counsellor agrees to the student’s request that they continue counselling sessions on a regular basis although the psychiatrist is attempting to help with the same problem. He does this without consulting the psychiatrist.
Legally Speaking
A realistic sense of what constitutes limitations is important
for legal as well as ethical reasons. A large number of what Americans refer to as malpractice suits have been based on clients and/or parents in the United States accusing counsellors of venturing beyond their expertise and their mandate.
In Ontario, counsellors accused of operating beyond reasonable limits could be sued for negligence. As in any suit of this type, of course, the counsellor is not the sole party being sued. The District School Board is usually included. While the Board will have legal representation, it is wise for counsellors to employ lawyers to look after the counsellors’ personal interests.
To avoid vulnerability relating to this ethical principle, the following suggestions are offered:
1. Counsellorsshouldbehonestwiththemselvesregarding their professional limitations, taking into account their training, their legislative mandate identified in the Education Act, and by Ministry Policy Documents.
2. Counsellors should not hesitate to consult with other professionals and to refer counsellees when they deem it appropriate.
3. Especially in referring or terminating counselling relationships, counsellors should ensure that documentation of their actions exists. Such documentation might consist
of letters of referral, or agreements signed by students and/or their parents. The point is that it is advisable to maintain records of actions which might be questioned or misinterpreted subsequent to the event.
18 ■ OSCA Ethical Guidelines for Ontario School Counsellors 2010 • www.osca.ca