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Morality

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Personal beliefs and how they effect your conduct

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Ethics

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Professional values and behaviors

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Law

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Agreed-on rules that set forth principles that allow people to live together in society • Most areas of counselor practice are affected by law

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Best Practice

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Goes beyond what is minimally required by laws or codes of ethics and is the very best a counselor could be expected to do

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Professionalism

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the conduct, aims, or qualities that characterize or mark a profession or a professional person

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Principle Ethics

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Is based upon the moral principles of the helping profession * Compliments Virtue Ethics

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Virtue Ethics

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Is focused on the traits of character * Compliments Principle Ethics

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Code of Ethics

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* ACA * ASCA

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ethical decision making skills;

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A counselor must develop ____ ____ _____ ___and a useful model to reason through the ethical dilemmas confronting them.

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fellow mental health professionals

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A counselor should seek advice from ____ ____ _____ _____ when they have clinical or ethical questions, and seek advice from lawyers when they have legal questions.

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values

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A counselor must respect ___ that are different from their own and must avoid imposing their values on clients.

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professional judgement

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There is no substitute for ____ _____ on difficult ethical or legal questions encountered by counselor, although many helpful resources exist.

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4 Components of the Philosophy of the Counseling Profession

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1) Wellness Model of Mental Health 2) Development Perspective 3) Strong Preference for Prevention 4) Goal of Empowerment of Client

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Strong Professional Identity

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It is a vital professional task to develop a ___ ____ ____ and to be able to articulate that identity to others.

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Counselors' Development

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Using the ___ ____ perspective counselors are able to differentiate the difference between what might be viewed as pathological as natural or normal.

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Prevention vs. Remediation

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Counselors view prevention as far superior to remediation.

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State Certification

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The process whereby official agencies of the state certify individuals as qualified to hold certain state jobs, but the state does not regulate the practice of the profession (title law)

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State Licensure

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A professional in most states must be licensed to practice that profession in the state. (practice law)

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2 National Certification Agencies

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1) National Board for Certified Counselors (NBCC) 2) Commission on Rehabilitation Counselor Certification (CRCC) *These are more or less credentials. *There is no Gov't requirement for these certifications.

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Program Accreditation

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Standards by which training of counselors are followed. * I.E. CACREP

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History of Counseling Profession

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Emerged out of a convergence of several disparate forces including: counseling psychology, school counseling, and vocational rehabilitation counseling.

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Goals of Multicultural Practice

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1) Becoming culturally aware of own biases,values, & assumptions 2) Increasing awareness of other cultural groups 3) Developing culturally appropriate intervention strategies

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racism

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Counselors must self-monitor to avoid ____

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ACA Multicultural Intent

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All Code of Ethics is to be viewed through a multicultural lens.

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Cultural Groups

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All people have multiple cultural identities and belong to cultural groups that are dominant and groups that are peripheralized in U.S. society.

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Discrimination

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The US Constitution and various statues prohibit _______. When counselors work with clients who believe they have suffered illegal ______, counselors can assist these clients to consider their options & the possible consequences of the options.

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Family Law issues for LGBTQ

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*Same sex married couples have the same rights as they would receive from their original state of marriage. (Miller-Jenkins v. Miller Jenkins) *Contemporary courts are now more inclined to require evidence that a parents gay or lesbian status is likely to harm a child before denying the parent custody or visitation rights.

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Multicultural Crisis Counseling

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Counselors must be sensitive to cultural differences in the ways that clients respond to crises.

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client welfare

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Counselors are ethically responsible for putting ____ ____first and foremost in their work.

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Fiduciary Relationships

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Counselors have a legal obligation to protect their clients' best interest and to avoid interactions that benefit themselves.

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Respecting Diversity

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Is fundamental to protecting client welfare and promoting client dignity.

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Self Awareness Issues for Counselors

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1) Own life issues 2) Unfinished business 3) Areas of vulnerability 4) Defenses * These issues can inadvertently distract from the clients issues.

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values

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Counselors must be aware of their own _____ and not impose them on their clients.

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Fostering dependency

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Counselors must avoid _____ ______. They have the obligation to promote client autonomy and independence.

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Involuntary and Mandated Clients

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Counselors must inform these clients of the limits of confidentiality and the nature of any reports that may be made to the courts or other entities that are requiring the clients to attend counseling.

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strategies or techniques

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Counselors have the obligation to select appropriate counseling ____ or _____ and to make clients active partners in treatment decisions.

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Interrupted or Prematurely Terminated

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(Ch.4) Counselors must protect the best interests and welfare of clients when services are _____ or ____ ____.

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Abandonment of Clients

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(Ch.4) Is both illegal and unethical, even if there is valid reasons to end the counseling relationship. Proper guidelines must be followed to secure clients best interests.

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Informed Consent

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Clients have the right to know what they are getting into when they come to counseling.

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Contractual

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Counseling is ______ in nature meaning, Agreements should be put in writing in an informed consent document.

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Medical Model Informed Consent

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Similarities (Ch.4) Informed Consent originated in the medical model and has been adopted by the mental health field.

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HIPAA

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(Ch.4) These laws have transformed informed consent into a legal requirement. * Counselors need to make sure they are in compliance with this new law.

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8 Common Errors of Informed Consent

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1) Failed to include required HIPAA elements 2) Guaranteed an outcome as a result of counseling 3) Guaranteed privacy with no exceptions 4) Agreed to fee arrangements different from what was intended 5) Touched without implied or actual permission 6) Misrepresented credentials 7) Failed to communicate the nature of counseling 8) Neglected to warn a client about possible stigma

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Balance of Informed consent

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Counselors must balance between providing too little information with giving clients too much information that makes them feel overwhelmed and intimidated. Informed consent is an ongoing process that should be conducted both orally and written.

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Culturally Sensitive Informed Consent

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It is important for counselors to be sensitive to the fact that informed consent as traditionally conceptualized may not be respectful of people of all cultures.

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Confidentiality

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Ethical Concept on the clients right to privacy. Viewed as a strong moral force in counseling.

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Privileged Communication (PC)

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(Ch.5) Legal term for the clients right to privacy. A judge cannot order a counselor to reveal information in court that has been recognized by law as privileged. Because it is antagonistic to the entire US system of Justice, courts and legislatures have been reluctant to extend privileges to relationships between mental health professionals and their clients.

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privacy; disclose

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Research of Confidentiality (Ch.5) *Research does not clearly support the assurances of _____ are essential to clients' willingness to _____. *In general counselors seem to do a good job at protecting confidentiality, but need to safeguard against the inadvertent breach.

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privileged communication; state statutes

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Except for cases heard in federal courts, ____ ____in counseling is determined by _____ ______. It is essential that counselors learn state laws in their state regarding PC.

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Client Vs. Counselor Privacy

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Only the client has the right to PC and Confidentiality. The client has the right to waive their privacy.

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15 Exceptions to PC & Confidentiality

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1) Consulting with Colleagues/Experts 2) Clerical Handling of Information 3) Client poses as a danger to others 4) Abuse/neglect of child 5) Client poses a danger to self 6) Client has fatal communicable disease putting others at risk 7) Group Counseling 8) Couples/Family Counseling 9) Minors/Legally Incompetent 10) Ordered by Court 11) When necessary to defend self against client 12) Client brings emotional damage lawsuit 13) Civil commitment proceedings 14) Other Professionals involved in coordinating client care 15) Counselor working under supervision *Client waves rights *Death of a client

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Subordinate/Fellow Professional

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It is permissible to share info with a ___ ___ ___ in order to give best possible service to client.

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Stressors of Confidentiality

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Stressful situations often involve decisions regarding duty to warn, protect, or report a clients condition poses a danger to self or others.

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Confidentiality

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_______ cannot be guaranteed when counseling couples, groups, minors, or adults who have been adjudicated as legally incompetent.

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2 Reasons to keep Records

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1) To provide the best quality service for client 2) For own self protection (If ever challenged)

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Benefits of Records

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1) Continuity of care when client info is transferred from one mental health provider (MHP) to another. 2) Former client returns after extended absence. 3) Helping clients affirm & measure change and growth 4) Accurate history of clients diagnosis, treatment, and recovery

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3 Types of Records

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1) Administrative Records 2) Recordings 3) Clinical Case Notes *Always be aware of making these secure.

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3 Laws that Affect Records

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1) HIPAA 2) FERPA 3) Federally funded abuse programs.

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Record Policies

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You need to have clear and consistent policies and procedures for creating, maintaining, transferring, and destroying your records.

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Subpoena

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written document issued by court authority to compel the attendance of a witness at a judicial proceeding. * These official court documents cannot be ignored.

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Technology Concerns

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(Ch.6) 1) Discussing confidential info over the phone 2) Voice Mail Etc. Vulnerability 3) Computer Files (Proper storing and disposing) 4) Email, Internet Vulnerability

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Web Counseling

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(Ch.6) Many clients report being satisfied with experience over the web.

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Technological Disadvantage

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Counselors must be aware that come clients populations could be disadvantaged by increasing reliance on technology.

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Counselor Competence

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is difficult to define from an ethical viewpoint, however it is best viewed as being based on performance & as existing along a continuum from gross negligence to maximum effectiveness.

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Level of Practice

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Law demands a minimum level of practice of counselors, whereas ethics encourages counselors to aspire to the ideal level of practice.

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Boundary of competence

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Counselors must practice within their ___ of _____. It can be difficult to know just where these boundaries lie.

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Initial Responsibility

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_____ ______ lies on the counselor educator and supervisor. Accrediting bodies help insure graduate possess certain competencies, but cannot guarantee competence.

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Licensure

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a legal process that establishes minimum standards for a counselor to practice in a given state. Requirements are not uniform across the states. * It is questionable that _____ guarantees competency.

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Certification

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Is another approach to attempting to ensure competency. For example the National Certified Counselors NCC.

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Responsibility of Determining Competence

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Once counselors are licensed it is their responsibility to determine their competency.

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continuing education

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Counselors are required to seek ____ _____ in order to maintain their competency. Peer review is an effective approach to monitoring competence

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discriminate

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Counselors cannot claim they are unable to provide services to ______ against the client for unacceptable reasons.

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burned out, distressed, or impaired.

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Counselors must take steps to protect clients when feeling ____ ____, _____ or _____.

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Malpractice Lawsuits

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(Ch.7) Arise from claims of counselor incompetence. It is difficult to prove all 5 elements of malpractice that must be proved for _____ ______ to proceed.

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5 Elements of Malpractice

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1) The counselor had a duty to the client to use reasonable care in providing counseling services. 2) The counselor failed to conform to the required duty of care. 3) The client was injured. 4) There was reasonably close casual connection between the conduct of the counselor and the resulting injury (known as proximate cause). 5) The client suffered an actual loss or war damaged.

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Duty to Warn

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A complex ethical and legal imperative in which counselors have an obligation to take steps from preventing clients to harm others.

Ethical legal and professional issues 1-7 – Flashcards

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