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ABPC2203

ETHICS IN
PSYCHOLOGY
Rafidah Aga Mohd Jaladin

Copyright © Open University Malaysia (OUM)


Project Directors: Prof Dato’ Dr Mansor Fadzil
Assoc Prof Dr Mohd Yusuf Ahmad
Open University Malaysia

Module Writer: Rafidah Aga Mohd Jaladin


University of Malaya

Moderator: Dr Wong Huey Siew


Open University Malaysia

Reviewed by: Assoc Prof Dr Janet Woo Tai Kwan


Open University Malaysia

Developed by: Centre for Instructional Design and Technology


Open University Malaysia

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Lot 47-48, Jalan SR 1/9, Seksyen 9,
Jalan Serdang Raya, Taman Serdang Raya,
43300 Seri Kembangan, Selangor Darul Ehsan

First Edition, December 2011


Second Edition, December 2015 (rs)
Copyright © Open University Malaysia (OUM), December 2015, ABPC2203
All rights reserved. No part of this work may be reproduced in any form or by any means
without the written permission of the President, Open University Malaysia (OUM).

Copyright © Open University Malaysia (OUM)


Table of Contents
Course Guide ixăxiv

Topic 1 Introduction to Ethics in Psychology 1


1.1 Defining Key Concepts 2
1.1.1 Ethics and Being Ethical 2
1.1.2 Mandatory and Aspirational Ethics 3
1.2 Rationale for Control of, and the Importance of Ethics 5
1.2.1 Rationale: Control and Protection 6
1.2.2 Importance of Ethics 6
1.2.3 Ethical Decision-making Model 9
1.3 Development of Ethics 12
1.3.1 Ethics Codes 12
1.3.2 Ethical Standards and Guidelines 13
Summary 14
Key Terms 15
References 15

Topic 2 Psychologists as Professionals 16


2.1 Psychology as a Profession 17
2.1.1 Definition of a Profession 17
2.1.2 Specific Criteria of a Profession 19
2.1.3 Professional and Professionalism 21
2.2 The Psychologist as a Person and as a Professional 23
2.2.1 Value Conflict 24
2.2.2 Strategies in Dealing with Value Conflicts in
Counselling 25
2.2.3 Guidelines and Strategies for Counselling Gay
and Lesbian Clients 27
2.3 Specific Professional Requirements for Psychologists 29
Summary 32
Key Terms 33
References 33

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iv  TABLE OF CONTENTS

Topic 3 Professional Competence and Training 34


3.1 Understanding Professional Competence 35
3.1.1 Ethics Codes on Professional Competence 37
3.1.2 Professional Training 39
3.2 Assessing Professionally Competent Practice 41
3.2.1 Assessing Professional Competence among Trainees 41
3.2.2 Assessing Professional Competence among
Practitioners 43
3.2.3 Maintaining Professional Competence: Continuing
Professional Education, Certification and Licensure 47
Summary 48
Key Terms 49
References 50

Topic 4 Issues in Theory, Practice and Research 51


4.1 Issues in Theory 52
4.1.1 Practical Implications of Theory: Why have a Theory? 54
4.1.2 Ethical Implications of Theory: How Good is the
Theory? 55
4.2 Issues in Practice 58
4.2.1 Practice Based on Theory: Does Your Practice have
a Theory? 58
4.2.2 Evidence-based Practice: Is Your Practice Proven
Effective? 61
4.2.3 Ethical Implications of Practice: Effective Practice is
Ethical Practice 62
4.3 Issues in Research 64
4.3.1 Ethical Issues 65
4.3.2 Ethical Implications of Research: Effective Research
is Ethical Research 66
Summary 68
Key Terms 68
References 69

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TABLE OF CONTENTS  v

Topic 5 Client Rights and Psychologist Responsibility 70


5.1 Client Rights 72
5.1.1 Informed Consent 72
5.1.2 Legal and Ethical Issues Regarding Informed Consent 76
5.2 Psychologist Responsibilities 79
5.2.1 Record Keeping 80
5.2.2 Ethical Issues in Online Counselling 82
5.2.3 Malpractice: PractitionersÊ Liability and Reasons for
Malpractice Suits 83
Summary 86
Key Terms 87
References 87

Topic 6 Confidentiality: Ethics and Legal Issues 89


6.1 Understanding Confidentiality 91
6.1.1 From an Ethical Perspective 91
6.1.2 From a Legal Perspective 92
6.2 Implementing Confidentiality in Clinical Practice:
Guidelines and Recommendations 94
6.2.1 From an Ethical Perspective: FisherÊs (2008) Model 94
6.2.2 From a Legal Perspective: CoreyÊs Model 97
Summary 102
Key Terms 103
References 103

Topic 7 Ethical Principles for Psychological Research and Publications 105


7.1 Research and Publication from an Ethical Perspective 106
7.1.1 Ethics in Research with Human Participants 111
7.1.2 Ethics in Research Involving Special Groups 115
7.1.3 Ethics in Research Involving Animals 116
7.1.4 Ethical Principles in Publication 117
Summary 119
Key Terms 119
References 120

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vi  TABLE OF CONTENTS

Topic 8 Ethical Principles for Psychology Practitioners 121


8.1 Responsibility of Practitioners 122
8.1.1 Professional Responsibilities of a Practitioner 123
8.1.2 Legal Responsibilities of a Practitioner 124
8.2 Compliance with Laws and Standards 127
8.2.1 Addressing Ethical Dilemmas for Psychologists 128
8.2.2 Formulating an Ethical Model for Practice 130
Summary 134
Key Terms 134
References 135

Topic 9 Ethics in Multicultural Contexts 136


9.1 Multicultural Values 138
9.1.1 From a Narrow Perspective 139
9.1.2 From a Broad Perspective 139
9.1.3 Ethics from a Diversity-sensitive Perspective 140
9.2 Ethical Issues Related to Gender and Religion 142
9.2.1 Multicultural Counselling Competence 145
9.2.2 Ethics in Counselling Culturally Different Clients 146
9.3 Ethical Issues Related to Other Cultural Aspects 147
Summary 149
Key Terms 150
References 151

Topic 10 Psychologists and Community 153


10.1 PsychologistsÊ Responsibility to Community 155
10.1.1 Ethical Practice in Community Work 155
10.1.2 PsychologistsÊ Professional Responsibility:
Social Justice and Advocacy 158
10.1.3 Psychologist Role in a Community Setting 159
10.2 CommunityÊs Rights 161
10.2.1 Rights for Advocacy 162
10.2.2 Rights for Counselling 163
Summary 166
Key Terms 166
References 167

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COURSE GUIDE

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Copyright © Open University Malaysia (OUM)
COURSE GUIDE  ix

COURSE GUIDE DESCRIPTION


You must read this Course Guide carefully from the beginning to the end. It tells
you briefly what the course is about and how you can work your way through
the course material. It also suggests the amount of time you are likely to spend in
order to complete the course successfully. Please keep on referring to the Course
Guide as you go through the course material as it will help you to clarify
important study components or points that you might miss or overlook.

INTRODUCTION
ABPC2203 Ethics in Psychology is one of the courses offered by Faculty of
Applied Social Sciences at Open University Malaysia (OUM). This course is
worth 3 credit hours and should be covered within 10 weeks.

COURSE AUDIENCE
This course is offered to all students taking the Bachelor of Psychology (Honours)
programme. This module aims to impart the ethical principles for psychologists
and the professional issues associated with any psychological practices. As one of
the core subjects, this module should be able to guide their practices with diverse
clients in their specific employment settings.

As an open and distance learner, you should be acquainted with learning


independently and being able to optimise the learning modes and environment
available to you. Before you begin this course, please ensure that you have the
right course material, and understand the course requirements as well as how the
course is conducted.

STUDY SCHEDULE
It is a standard OUM practice that learners accumulate 40 study hours for every
credit hour. As such, for a three-credit hour course, you are expected to spend
120 study hours. Table 1 gives an estimation of how the 120 study hours could be
accumulated.

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x  COURSE GUIDE

Table 1: Estimation of Time Accumulation of Study Hours

Study
Study Activities
Hours
Briefly go through the course content and participate in initial discussions 3
Study the module 60
Attend 3 to 5 tutorial sessions 10
Online Participation 12
Revision 15
Assignment(s), Test(s) and Examination(s) 20
TOTAL STUDY HOURS ACCUMULATED 120

COURSE OUTCOMES
By the end of this course, you should be able to:

1. Describe the general principles and specific ethical standards for


psychologists;

2. Use the specific ethical standards for conduct as psychologists in various


psychologistsÊ activities;

3. Practise the knowledge and understanding of ethical standards by solving


some hypothetical cases using an ethical decision-making model;

4. Differentiate between ethical and unethical behaviours among psychologists;


and

5. Select the best course of conduct in solving basic and professional issues in
psychology, especially in psychotherapy.

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COURSE GUIDE  xi

COURSE SYNOPSIS
This course is divided into 10 topics. The synopsis for each topic can be listed as
follows:

Topic 1 introduces ethics in psychology as a tool for controlling and protecting


psychologistsÊ behaviour and conduct.

Topic 2 discusses the role of psychologists as professionals.

Topic 3 discusses the definition of professional competence; the extracts from


selected codes of ethics pertaining to professional competence; the legal and
ethical aspects of counsellor competence; the education and training for
professional development; and the assessment for professional competence.

Topic 4 discusses issues and ethical ramifications of theory, practice and


research. First, it defines these three terms and describes their basic
characteristics and functions. Secondly, it discusses the ethical issues and
implications of each in the context of counselling and psychotherapy. Finally, it
demonstrates an understanding of these concepts into solving some hypothetical
cases involving counsellorsÊ primary duties.

Topic 5 examines two important issues: educating clients about their rights
and responsibilities, and understanding the legal parameters which govern
professional practice (avoiding malpractice lawsuits and making sure that their
clientsÊ rights are protected).

Topic 6 discusses the ethical principles and legal issues of confidentiality by


drawing on some examples from counselling encounters.

Topic 7 identifies the relevant ethical standards for conducting psychological


research and the publications available on several codes of ethics from selected
countries.

Topic 8 addresses the responsibilities of psychology practitioners and how they


should comply with laws and standards.

Topic 9 examines the interconnection between multiculturalism and ethics based


on selected ethics codes and multicultural guidelines.

Topic 10 discusses psychologistsÊ work in a community with a focus on ethical


issues in community work.

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xii  COURSE GUIDE

TEXT ARRANGEMENT GUIDE


Before you go through this module, it is important that you note the text
arrangement. Understanding the text arrangement will help you to organise your
study of this course in a more objective and effective way. Generally, the text
arrangement for each topic is as follows:

Learning Outcomes: This section refers to what you should achieve after you
have completely covered a topic. As you go through each topic, you should
frequently refer to these learning outcomes. By doing this, you can continuously
gauge your understanding of the topic.

Self-Check: This component of the module is inserted at strategic locations


throughout the module. It may be inserted after one sub-section or a few sub-
sections. It usually comes in the form of a question. When you come across this
component, try to reflect on what you have already learnt thus far. By attempting
to answer the question, you should be able to gauge how well you have
understood the sub-section(s). Most of the time, the answers to the questions can
be found directly from the module itself.

Activity: Like Self-Check, the Activity component is also placed at various


locations or junctures throughout the module. This component may require you to
solve questions, explore short case studies, or conduct an observation or research.
It may even require you to evaluate a given scenario. When you come across an
Activity, you should try to reflect on what you have gathered from the module and
apply it to real situations. You should, at the same time, engage yourself in higher
order thinking where you might be required to analyse, synthesise and evaluate
instead of only having to recall and define.

Summary: You will find this component at the end of each topic. This component
helps you to recap the whole topic. By going through the summary, you should
be able to gauge your knowledge retention level. Should you find points in the
summary that you do not fully understand, it would be a good idea for you to
revisit the details in the module.

Key Terms: This component can be found at the end of each topic. You should go
through this component to remind yourself of important terms or jargon used
throughout the module. Should you find terms here that you are not able to
explain, you should look for the terms in the module.

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COURSE GUIDE  xiii

References: The References section is where a list of relevant and useful


textbooks, journals, articles, electronic contents or sources can be found. The list
can appear in a few locations such as in the Course Guide (at the References
section), at the end of every topic or at the back of the module. You are
encouraged to read or refer to the suggested sources to obtain the additional
information needed and to enhance your overall understanding of the course.

PRIOR KNOWLEDGE
Learners are not required to take any pre-requisite course prior to this.

ASSESSMENT METHOD
Please refer to myVLE.

REFERENCES
American Counselling Association. (2005). ACA code of ethics. Retrieved June
10, 2008, from www.counseling.org/Resources/CodeOfEthics/TP/Home/
CT2.aspx

American Psychological Association. (2010). APA Ethical principles of


psychologists and code of conduct. Retrieved April 11, 2011, from
http://www.apa.org/ethics/code/index.aspx

Australian Psychological Society. (2007). APS Code of ethics. Retrieved from


http://www.psychology.org.au/Assets/Files/Code_Ethics_ 2007.pdf

Corey, G., Corey, M. S., & Callanan, P. (2010). Issues and ethics in the helping
professions (8th ed.). Belmont, CA: Brooks/Cole.

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xiv  COURSE GUIDE

TAN SRI DR ABDULLAH SANUSI (TSDAS) DIGITAL


LIBRARY
The TSDAS Digital Library has a wide range of print and online resources for the
use of its learners. This comprehensive digital library, which is accessible
through the OUM portal, provides access to more than 30 online databases
comprising e-journals, e-theses, e-books and more. Examples of databases
available are EBSCOhost, ProQuest, SpringerLink, Books247, InfoSci Books,
Emerald Management Plus and Ebrary Electronic Books. As an OUM learner,
you are encouraged to make full use of the resources available through this
library.

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Topic  Introduction
1 to Ethics in
Psychology
LEARNING OUTCOMES
By the end of this topic, you should be able to:
1. Define the concepts of „ethics‰ and „being ethical‰;
2. Describe both mandatory and aspirational ethics;
3. Explain the rationale and need for code of ethics in psychology;
4. Explain the importance of ethics for conduct as psychologists in
various psychologistsÊ activities; and
5. Discuss the development of ethics in psychology.

 INTRODUCTION

To be good is noble, but to teach others to be good is nobler and less trouble.
Mark Twain

Recall the definition and goals of psychology. You probably remember that
psychology is the science of behaviour and mental processes, and the goals of
psychology are not just to describe and understand human or animal behaviour
and mental processes, but to predict and influence or control them.

So, knowledge of psychology is useful to influence and control the behaviour and
mental processes of others, but what controls the psychologistsÊ behaviours and
activities? Why do we need to control psychologistsÊ behaviours and activities?
What are considered ethical and unethical behaviours in psychology? How do

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2  TOPIC 1 INTRODUCTION TO ETHICS IN PSYCHOLOGY

we promote ethical practices among psychologists and prevent disruptive


behaviours which may harm clients, third-parties or the community?

This topic introduces ethics in psychology as a tool for controlling and protecting
psychologistsÊ behaviour and conduct. The discussion involves defining
fundamental concepts regarding ethics, describing the types of ethics and some
examples of codes of ethics, explaining the rationale for control and the
importance of ethics, and discussing the development of ethics in psychology
and mental health professions.

It is important that when you read this topic, that you try to imagine yourself as a
professional who provides some psychological services to clients; and also as a
person who is receiving some psychological help from psychologists. Your
imagination will contribute to your learning experience!

1.1 DEFINING KEY CONCEPTS


Sometimes, we tend to get confused when using the terms „ethics‰ and „being
ethical‰. What is „ethics‰? What is considered as „being ethical‰? The two terms
are closely related but they refer to two different things or processes. So in this
subtopic, we are going to look at the difference between the two concepts.

1.1.1 Ethics and Being Ethical


Ethics is traditionally a branch of philosophy dealing with moral problems and
moral judgements (Koocher & Keith-Spiegel, 2008). This involves some kind of
evaluation of human actions and in doing so, we assign judgement to categorise
behaviours as „right‰ or „wrong‰ according to our moral reasoning abilities and
specific ethical guidelines or standards.

So, ethics is the tool for guiding practices for controlling behaviours, and being
ethical is the ability to make an ethical decision by conforming to specific ethical
standards.

(a) Ethics
A system of moral standards; the study of standards of conduct and moral
judgement; the system of morals of a particular person or group and is
enforced by professional associations.

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TOPIC 1 INTRODUCTION TO ETHICS IN PSYCHOLOGY  3

(b) Being Ethical


Having to do with ethics; or of conforming to moral standards; conforming
to professional standards of conduct. It is like an ethical journey to decide
on the best course of action!

1.1.2 Mandatory and Aspirational Ethics


Basically, there are two types of ethics ă mandatory and aspirational ă but we
will focus more on mandatory ethics. Ethics are man-made and thus, we expect
some significant limitations to their applicability, especially in relation to the
contexts in which psychologists work (Vergés, 2010).

As a response to the limitations of mandatory ethics, numerous ethical decision-


making models have emerged and have been reproduced. These models focus on
ethical dilemmas by proposing step-by-step responses to deal with them. Recent
literature argues that „although these models are useful, they emphasise reactive
approaches to ethical issues and overlook preventive measures that might help
solving ethical problems before they arise‰ (Vergés, 2010). This clearly cautions
us that it is quite easy to understand ethics (theory-based), but it is not easy to be
ethical (practice-based).

Do continue reading the following basic definitions of key terms so that you will
be able to differentiate between the mandatory and aspirational ethics and
describe the six general principles of aspirational ethics, also known as the basic
moral principles to guide decision making (Corey, Corey & Callanan, 2010).

(a) Mandatory Ethics


A term which describes a level of ethical functioning where psychologists
merely act in compliance with the minimum standards, acknowledging the
basic „musts‰ and „must nots‰.

(b) Aspirational Ethics


A term which describes the highest professional standards of conduct to
which professional psychologists can aspire to achieve. It requires us do
more than the minimum standards of conduct.

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4  TOPIC 1 INTRODUCTION TO ETHICS IN PSYCHOLOGY

There are six general principles of aspirational ethics and these are described as
follows (Corey, Corey & Callanan, 2010):

(a) Autonomy
Autonomy refers to the promotion of self-determination, or the freedom of
clients to be self-governing within their social and cultural framework. For
example, psychologists must always encourage their clients to grow and
develop within their own socio-cultural context.

(b) Non-maleficence
This means avoiding doing harm, which includes refraining from actions
that will risk hurting clients. For example, psychologists always strive to
put the clientsÊ interest first.

(c) Beneficence
Refers to doing good for others and to promoting the well-being of clients.
For example, psychologists strive to take good care of their clients and
respect their clientsÊ dignity.

(d) Justice
This means to be fair by being impartial and treating others justly. For
example, psychologists must provide equal access to their services to
everyone regardless of their cultural backgrounds.

(e) Fidelity
This means that professionals make realistic commitments and keep their
promises. For example, counselling psychologists always strive to respect
clientsÊ trust in a counselling relationship and keep their promises to help
the clients.

(f) Veracity
This means truthfulness, which involves the practitionerÊs obligation to
deal honestly with clients. For example, psychologists must strive to be
truthful to their clients so that the psychologist-clientÊs trust can be
developed and nurtured.

You can probably define and describe these terms now, but why do you need
these ethical principles in psychology? Why are guidelines or ethical standards
needed to manage our behaviour as psychologists?

In the next subtopic, we will look at the rationale for control of ethics, and the
importance of ethics from the perspectives of the profession (including the
professional associations and their members), clients, and the public.

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TOPIC 1 INTRODUCTION TO ETHICS IN PSYCHOLOGY  5

SELF-CHECK 1.1

1. Differentiate these two terms:


(a) Ethics and being ethical; and
(b) Mandatory and aspirational ethics.

2. Briefly describe each of the following principles of aspirational


ethics and provide case examples where necessary to illustrate
your understanding.
(a) Autonomy;
(b) Beneficence; and
(c) Justice.

ACTIVITY 1.1

Take a piece of paper and draw a simple mind map of the concepts,
and then try to build a suitable acronym to help to recall the concepts
(e.g., the six general principles = Aku Nak Bantu John F. Vera).

Now imagine yourself as a counselling psychologist, who is trying


to help an elderly female client. The lady is of a different ethnic
background and is dealing with the loss of a loved one. Brainstorm on
different factors or situations which may pose potential challenges to
your counselling sessions with her.

1.2 RATIONALE FOR CONTROL OF, AND THE


IMPORTANCE OF ETHICS
Imagine you have some power in your hand. With this power, you can do
anything to other human beings. What would be the outcomes of your use or
misuse of the power to others? Believe it or not, psychologists do have power
because of the general idea that „knowledge is power‰. In this subtopic, we are
first going to look at the rationale for controlling the conduct of psychologists
and then examine the importance of ethics.

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6  TOPIC 1 INTRODUCTION TO ETHICS IN PSYCHOLOGY

1.2.1 Rationale: Control and Protection


To ensure and promote positive outcomes for all, psychologistsÊ behaviour and
conduct must be controlled so that the welfare of clients can be protected. This
roughly explains why we need ethics in psychology and the existence of
numerous codes of ethics in most mental health professions such as:

(a) The American Psychological Association (APA) Ethical Principles of


Psychologists and Code of Conduct (2002, 2010);
(b) The American Counseling Association (ACA) Code of Ethics (2005);
(c) The Australian Psychological Society (APS) Code of Ethics (2007) and
Ethical Guidelines (9th ed.); and
(d) The Persatuan Kaunseling Malaysia (PERKAMA) Code of Ethics (1994,
2008).

Besides the law, these professional codes of ethics act as guides or professional
monitoring of practice for members of each professional association.

1.2.2 Importance of Ethics


Ethics are very important for all professionals and this explains why each major
mental health professional organisation has its own code of ethics. We can
understand the importance of ethics by understanding the common themes
which exist in most codes of ethics. For example, Koocher and Keith-Spiegel
(2008) summarise these themes as follows:

(a) Promoting the welfare of clients (consumers);


(b) Practising within the scope of oneÊs competence;
(c) Doing no harm to profession and clients;
(d) Protecting clientÊs confidentiality and privacy;
(e) Acting ethically and responsibly (i.e., ethical behaviours);
(f) Avoiding exploitation (i.e., unethical behaviours); and
(g) Upholding the integrity of the profession by striving for aspirational
practice.

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TOPIC 1 INTRODUCTION TO ETHICS IN PSYCHOLOGY  7

Having codes of ethics in our profession is good because they help to control and
monitor our activities and practices. However, the codes of ethics may not help at
times because the codes of ethics in most professional organisations are broad
and general, rather than precise and specific. These codes do not provide specific
answers to ethical dilemmas but they do offer general guidance (Corey et al.,
2010).

For example, let us study the following case and the possible responses from a
counselling psychologist:

The Case of Sumathi


Sumathi, a 20-year-old female Indian-Hindu client, voluntarily came to you
for help because she suffered verbal and physical abuses from her late father
during childhood. She is making good progress in counselling and it is
recommended for her to attend about three more counselling sessions.
Suddenly, we receive a phone call from her, informing that she has been fired
from her job. She said she would like to continue her counselling sessions, but
she cannot pay your fees. Instead, she offered to clean your house for three
weeks, free of charge.

What would you do if you were the counselling psychologist in this case?

Response A: IÊm sorry to hear about your job loss but I cannot continue seeing
you without payment.

Response B: I would not normally see a client without payment, but I do


understand the difficulty in your current circumstances. IÊll continue to see
you without payment and I accept your offer to clean my house for three
weeks.

Response C: I do understand your situation. I suggest we put your counselling


on hold until you get another job to pay for the counselling fees.

Response D: IÊm sorry to hear about your job loss and I appreciate your offer. I
do understand your difficulty and since you are making good progress, IÊm
willing to continue to see you without asking for an immediate full payment.
You just give what you can afford for now and pay the rest when your
financial situation has improved.

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8  TOPIC 1 INTRODUCTION TO ETHICS IN PSYCHOLOGY

(a) How would you react to these possible counsellorÊs responses?


(b) Which response would you prefer and why?
(c) Which response reflects ethical behaviour and which one reflects unethical
behaviour?
(d) Could you generate other possible responses?
(e) How important is the counselling fee to you?
(f) Could you find any relevant information from the existing code of ethics to
help you resolve the ethical dilemma in this situation?
(g) What would be the consequences on Sumathi if you decide on response A,
B, C, or D?

Now, consider the following information extracted from two selected code of
ethics to help you decide on the best course of action:

1. APS (2007) Code of Ethics, Standard C.6. Financial Arrangements:


C.6.2. Psychologists make proper financial arrangement with clients and,
where relevant, third party payers.

They:

(a) Make advance financial arrangements that safeguard the best


interests of, and are clearly understood, by all parties to the
psychological service; and

(b) Avoid financial arrangements which may adversely influence the


psychological services provided, whether at the time the services are
being rendered or subsequently.

2. APA (2010) Code of Ethics, Standard 6. Record Keeping and Fees:


6.04 Fees and Financial Arrangements

(a) As early as is feasible in a professional or scientific relationship,


psychologists and recipients of psychological services reach an
agreement specifying compensation and billing arrangements.

(b) PsychologistsÊ fee practices are consistent with law.

(c) Psychologists do not misrepresent their fees.

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TOPIC 1 INTRODUCTION TO ETHICS IN PSYCHOLOGY  9

(d) If limitations to services can be anticipated because of limitations in


financing, this is discussed with the recipient of services as early as is
feasible. (See also Standards 10.09, Interruption of Therapy, and 10.10,
Terminating Therapy.)

If the recipient of services does not pay for services as agreed, and if
psychologists intend to use collection agencies or legal measures to
collect the fees, psychologists must first inform the person that such
measures will be taken and provide that person an opportunity to
make prompt payment. (See also Standards 4.05, Disclosures; 6.03,
Withholding Records for Nonpayment; and 10.01, Informed Consent
to Therapy.)

6.05 Barter with Clients/Patients

Barter is the acceptance of goods, services, or other non-monetary


remuneration from clients/patients in return for psychological services.
Psychologists may barter only if (i) it is not clinically contraindicated, and
(ii) the resulting arrangement is not exploitative. (See also Standards 3.05,
Multiple Relationships, and 6.04, Fees and Financial Arrangements.)

 Are these standards helpful in deciding the best response to choose?

 Are they relevant to your case?

 Do you have any concerns in applying these standards to your case?


Why or why not?

So, we must be familiar with the standards and guidelines in our existing codes
of ethics for psychologists in order to be ethical in our practice. However, we can
exercise our own professional judgement after taking into account all relevant
information and factors when providing services to clients. This is indeed a
challenging task because different professionals have different sets of values and
perceptions.

1.2.3 Ethical Decision-making Model


What is the best course of action for the case of Sumathi? Psychologists in general
are very fortunate because there are numerous existing ethical decision-making
models which can be used to help us make sound ethical decisions. Among these
models, we are going to focus on Corey et alÊs (2010) proposed steps in making
ethical decisions because of two reasons:

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10  TOPIC 1 INTRODUCTION TO ETHICS IN PSYCHOLOGY

(a) There is no one ethical decision-making model that is more effective; and

(b) The proposed steps seem to provide a systematic approach to deal with
ethical dilemmas or problems which we may encounter.

Corey et al. (2010) propose eight steps to thinking through ethical dilemmas and
these are represented in Figure 1.1.

Figure 1.1: The eight-step model of making ethical decisions


Source: Corey et al. (2010)

Please remember each of the steps because we are going to use this model for
further discussion in the upcoming topics.

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TOPIC 1 INTRODUCTION TO ETHICS IN PSYCHOLOGY  11

SELF-CHECK 1.2

Assign numbers 1 to 8 to the following to represent a step-by-step


model of making sound ethical decisions.

(a) _____ What are the implications for you and the clients?

(b) _____ Implement the course of action

(c) _____ What is the problem? Gather information!

(d) _____ Brainstorm possible solutions ă be creative!

(e) _____ After you have clarified the problem(s), refer to the code
of ethic.

(f) _____ What says the Law?

(g) _____ What are the other potential issues involved? Explore
deeper.

(h) _____ What are other expertsÊ thoughts or views on these?

ACTIVITY 1.2

Study two existing codes of ethics from different countries (e.g., the
APA Code of Ethics 2010 from http://www.apa.org/ethics/code/
index.aspx and the APS Code of Ethics 2007 from http://www.
psychology.org.au/Assets/Files/Code_Ethics_2007.pdf).

(a) What are their similarities?

(b) Can you detect any significant differences between the two ethics
codes?

(c) Why do you think these differences exist?

Discuss your answers during your tutorial session.

Copyright © Open University Malaysia (OUM)


12  TOPIC 1 INTRODUCTION TO ETHICS IN PSYCHOLOGY

1.3 DEVELOPMENT OF ETHICS


Imagine that you are using an outdated textbook as reference for writing your
assignment on „ethical conflicts in psychology‰. As conflicts normally arise due
to differences in values, what do you think about the quality of your work? Do
you think the underlying values from the book represent the current values of
society? (NOTE: Values refer to the beliefs and attitudes that provide direction to
everyday living.) Why, and why not?

1.3.1 Ethics Codes


We now know that ethics codes, like any textbook, are man-made. They are
established by professional groups for three-fold purposes:

(a) Providing guidelines for professionals;


(b) Protecting clients or consumers of services; and
(c) Clarifying the aspirations of the professional bodies.

So, it is natural to expect these codes to have limitations. This means that not all
issues can be solely dealt with by relying on ethics codes because of the
contextual factors such as timing, cultural considerations, continued emphasis on
the role of diversity in mental health practice, and the professionalsÊ ability to
translate their own ethical awareness and problem-solving skills into
professional behaviour. Hence, ethics codes evolve and continuously undergo
periodic revisions.

For example, the PERKAMA Code of Ethics was first developed in 1994 but
recently it was revised to upgrade the quality of its applicability in the Malaysian
context. Similarly, the current ACA (2005) and APA (2010) ethics codes are the
results of recent revisions to replace codes from 10 years earlier. Perhaps the
demographic and technological changes in a particular society are the main
factors for making these revisions necessary.

Corey et al. (2010) discusses some limitations and problems that professionals
might encounter when they strive to be ethically responsible in their conduct of
practice while Vergés (2010) proposes an approach to ethical decision making
which highlights the importance of context in developing proactive strategies to
solve ethical issues. Both are worth reading to gain a deeper understanding of the
development of ethics codes and the need to periodically revise ethics codes to
address some limitations in their applicability to a specific cultural group or
context.

Copyright © Open University Malaysia (OUM)


TOPIC 1 INTRODUCTION TO ETHICS IN PSYCHOLOGY  13

1.3.2 Ethical Standards and Guidelines


Aside from having specific codes of ethics for each professional body, some
ethics codes are complemented by a series of guidelines. For example, the APS
Code of Ethics 2007 is complemented by 23 specific guidelines. The purpose of
these guidelines is „to clarify and amplify the application of the General
Principles and standards established in the Code and to facilitate their
interpretation in contemporary areas of professional practice‰ (APS, 2007).
Similar development happens in the American context, whereby the continued
emphasis on the role of culture and diversity in mental health professions have
resulted in the development of numerous guidelines to complement the
American ethics codes.

An example of the most notable guidelines is the guidelines on multicultural


education, training, research, practice, and organisational change for
psychologists (APA, 2003), which explicitly emphasise the influence of
multiculturalism and diversity on individualsÊ behaviour. The guidelines reflect
the continuing development of the study of psychology, current demographic
changes in the societal composition, and consideration for diverse needs of
particular individuals and groups from diverse ethnic/racial origin and social
group membership. We should be able to detect any inconsistencies or
limitations in the current ethics codes so that we can contribute to improve them.

Overall, we should always remember that this module can only teach students
about ethics in psychology but it cannot guarantee that students be ethical
professionals. If you are able to understand the ethical principles for
psychologists, able to appreciate the importance of ethical principles, able to
differentiate between ethical and unethical behaviours and always strive to
reinforce ethical behaviours in your daily functioning, then you can be an ethical
professional psychologist. Let the journey begin!

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14  TOPIC 1 INTRODUCTION TO ETHICS IN PSYCHOLOGY

ACTIVITY 1.3

Compare and contrast the Competence Ethical Standards from two


existing codes of ethics (e.g., the APA Code of Ethics 2002 from
http://www.apa.org/ethics/code/index.aspx and the APS Code of
Ethics 2007 from http://www.psychology.org.au/Assets/Files/Code_
Ethics_2007.pdf) and write an essay based on your answers to the
following probing questions:

(a) What are their common themes?


(b) How do they differ?
(c) How useful are they in the ethical decision-making process in
Malaysia?

 Ethics is the tool for guiding practices or for controlling behaviours, and
being ethical is the ability to make an ethical decision by conforming to
specific ethical standards.

 Mandatory ethics is a term that describes the level of ethical functioning at


which psychologists merely act in compliance with minimum standards,
acknowledging the basic „musts‰ and „must nots‰.

 Aspirational ethics is a term that describes the highest professional standards


of conduct to which professional psychologists can aspire.

 To ensure and promote positive outcomes for all, psychologistsÊ behaviour


and conduct must be controlled to protect clientsÊ interests.

 Ethics are important to all professionals and this explains why each major
mental health professional organisation has its own code of ethics.

 Ethics codes evolve and continuously undergo periodic revisions. This is


because of contextual factors such as timing, cultural considerations,
continued emphasis on the role of diversity in mental health practice and
the professionalsÊ ability to translate their own ethical awareness and
problem-solving skills into professional behaviour.

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TOPIC 1 INTRODUCTION TO ETHICS IN PSYCHOLOGY  15

Aspirational ethics Ethics


Autonomy Fidelity
Being ethical Justice
Beneficence Mandatory ethics
Ethical behaviour Non-maleficence
Ethical decisions Unethical behaviour
Ethical dilemmas Values

American Counselling Association. (2005). ACA code of ethics. Retrieved from


www.counseling.org/Resources/CodeOfEthics/TP/Home/CT2.aspx

American Psychological Association. (2010). APA ethical principles of


psychologists and code of conduct. Retrieved from http://www.apa.org/
ethics/code/index.aspx

Australian Psychological Society. (2007). APS code of ethics. Retrieved from


http://www.psychology.org.au/Assets/Files/Code_Ethics_2007.pdf

Corey, G., Corey, M. S., & Callanan, P. (2010). Issues and ethics in the helping
professions (8th ed.). Belmont, CA: Brooks/Cole.

Koocher, G. P., & Keith-Spiegel, P. (2008). Ethics in psychology and the mental
health professions: Standards and cases (3rd ed.). New York, NY: Oxford
University Press.

Lembaga Kaunselor. (1999). Kod etika kaunselor. Kuala Lumpur, Malaysia:


Percetakan Lembaga Kaunselor.

Vergés, A. (2010). Integrating contextual issues in ethical decision making. Ethics


and behavior, 20(6), 497ă507.

Copyright © Open University Malaysia (OUM)


Topic  Psychologists
as Professionals
2
LEARNING OUTCOMES
By the end of this topic, you should be able to:
1. Define the terms „profession‰ and „professional";
2. Describe the characteristics of a profession;
3. Explain the professional requirements for a psychologist;
4. Differentiate between personal and professional values as a
psychologist; and
5. List the professional requirements to become a psychologist.

 INTRODUCTION
Imagine that you are an employee of a multi-national company. You seek help
from a registered, practising psychologist from your organisation to deal with
your work dissatisfaction and frustrations. You disclose your feelings, thoughts
and behavioural symptoms. You are angry and frustrated with your immediate
boss for not doing his role to promote staff wellbeing and career advancement.
After three sessions with the psychologist, you receive a warning memo from
your boss for questioning his credibility and leadership. How would you feel?
What do you think of the psychologistÊs action in informing your immediate boss
regarding your issues while the counselling is in progress?

This topic discusses the role of psychologists as professionals. In doing so, several
questions are posed to help you engage with your reading. The questions are:

(a) What is a profession?


(b) Who can we call a professional?
(c) How do we negotiate our values as a person and a professional?
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TOPIC 2 PSYCHOLOGISTS AS PROFESSIONALS  17

(d) What are the professional requirements for a psychologist?


(e) How can one be a professional psychologist?

Using these questions as prompts, we are going to discuss three important themes
in this topic. The first involves a discussion on the definition and specific criteria
for a profession. The second focuses on values, especially the psychologistÊs values
as a person and as a professional. Finally, we will discuss the specific professional
requirements for a psychologist. So, stay tuned and enjoy reading!

2.1 PSYCHOLOGY AS A PROFESSION

ACTIVITY 2.1

After you have read this subtopic, make a list of professions and non-
professions. Give explanations to justify your generated list. Can you
differentiate between a profession and a non-profession?

Psychology is accepted as a profession in countries like the United States and


Australia, but in Malaysia, it is still under continuous assessment. What exactly is
a profession? Can all paid jobs be categorised as professions? What are the
specific criteria for a job to be called a profession? These are among the questions
which will be addressed shortly. To be a professional in some activity does not
mean merely earning a living through the expertise. Such confusion about
semantics is not uncommon as it could be difficult to draw a line between what is
a profession and what is not.

This subtopic focuses on defining some of the key terms regarding psychology as
a profession. Understanding the terms such as profession, professional, and
professionalism can contribute to oneÊs confidence to becoming a psychologist
and boost motivation to strive for professionalism in the practice.

2.1.1 Definition of a Profession


The word profession is sometimes lightly used as a synonym for „job‰,
„occupation‰, or „vocation‰. Wikipedia provides a general overview of what a
profession is, and lists 21 characteristics of a profession (http://en.wikipedia.
org/wiki/Profession). In particular, a profession refers to a type of work (such as
being a counsellor) that needs specialised education and training, among other
professional requirements, to effectively provide quality services to consumers or
clients.

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18  TOPIC 2 PSYCHOLOGISTS AS PROFESSIONALS

Based on this, it is clear that not all work or paid jobs can be considered as
professions. For example, if one works as a clerk and perform clerical duties as
routine work, the job is not a profession because it does not require specialised
education and training to be able to perform the job well. Among the jobs that are
categorised as professions are:

(a) Doctors;
(b) Accountants;
(c) Engineers;
(d) Architects; and
(e) Psychologists.

Can you detect any shared common characteristics of these jobs? Why do you
think these jobs can be called professions? There must be certain varying criteria
an occupation must meet in order to be considered a profession. The following
subtopic discusses these criteria in detail.

ACTIVITY 2.2

Identify the professions in the list of jobs below.


(a) _____ construction workers
(b) _____ social workers
(c) _____ nurses
(d) _____ technicians
(e) _____ farmers
(f) _____ teachers
(g) _____ businessmen
(h) _____ shopkeepers
(i) _____ dentists
(j) _____ librarians
(k) _____ inventors
Now compare the answers with your course mates and discuss.

Copyright © Open University Malaysia (OUM)


TOPIC 2 PSYCHOLOGISTS AS PROFESSIONALS  19

2.1.2 Specific Criteria of a Profession


What are the characteristics of a profession? Johari (2001) gives a detailed list on
the criteria, which includes the following:

(a) Specialised Knowledge


The work or professional tasks require knowing-how and knowing-what
knowledge. The practice can only be carried out if one has sufficient and
extensive knowledge regarding the profession. In Malaysia, there are many
counsellor education programmes mushrooming since the 1980s that
provide specialised training to guide teachers, in-service counsellors and
trainee counsellors to become professionals in the counselling profession.

(b) Intensive and Continuous Training


For example, a professional counsellor needs to undergo intensive training
which includes an intellectual/academic component of counselling at the
university for about four to six years. The training must be continuous and
has a final component called a professional internship outside campus. To
become a counselling psychologist in Malaysia, students have to participate
in counselling practicum (on-campus, laboratory-based training) and
counselling internship (off-campus, real-life training) with continuous
supervision (Lembaga Kaunselor Malaysia, 2003).

(c) Professional Bodies


Every professional must belong to a professional body or a professional
association responsible for outlining the standards and membership
requirement for new members. The association is also responsible for
producing the code of ethics for their respective profession. For example,
the American psychologists have their own professional body called the
APA, the Australian Psychologists have their APS, while the Malaysian
psychologists and counsellors have their Persatuan Psikologi Malaysia
(PSIMA) and Persatuan Kaunseling Malaysia (PERKAMA), respectively, to
govern their professional membership and practice.

(d) Licensure, Accreditation and Certification


There must be a specialised body for every profession to function as a
registrar and an accreditation body for the licensure and certification of
members of their respective profession. For example, in Malaysia, since the
introduction of the CounsellorsÊ Act (580) in 1998, there is a specialised
body called the Malaysian Board of Counsellors or Lembaga Kaunselor,
which functions as a registrar and an accreditation body for the licensure of
counsellors. With this recognition, counsellors in Malaysia have a
professional identity (Abdul Halim Othman et al., 2000).

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20  TOPIC 2 PSYCHOLOGISTS AS PROFESSIONALS

In addition, two more characteristics were emphasised by Feit and Lloyd


(1990) when they reviewed the status of counselling as a profession in
Malaysia. Their article entitled „A profession in search of professionals‰
describes two additional characteristics of a profession apart from those
listed above:

(e) Ethical Standards


This has been discussed in length in Topic 1. The main idea is that every
profession or professional must have a code of ethics as a guide for
practice.

(f) Professional Identity


This refers to a strong identity within the field as a profession or vocation.
For example, counsellors in Malaysia have been professionally identified
after the introduction of the CounsellorsÊ Act (580) in 1998.

Another two commonly known characteristics are:

(i) Autonomy, meaning that a person who is involved in a profession is


highly regarded and well-respected by the society; and

(ii) Important to societal wellbeing, meaning that the jobs involved in a


profession are highly needed by society who perceive the services as
important.

The availability of these criteria is very helpful in order to discuss the current
status of psychology as a profession in Malaysia. Have psychologists really
gained professional status in the eyes of Malaysians? What are the impetuses
for accrediting psychology as a profession in Malaysia? And, to what extent
do people who call themselves psychologists act as professionals? These are
among the challenging issues facing every professional in Malaysia. In the
following subtopic, we will define the term „professional‰ in order to be
able to address some of these questions.

SELF-CHECK 2.1

Discuss the characteristics of a profession by referring to the status of


counselling psychology in Malaysia.

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TOPIC 2 PSYCHOLOGISTS AS PROFESSIONALS  21

2.1.3 Professional and Professionalism


Apart from knowing what a profession is, we must understand who we can call
professionals and what exactly professionalism means. Any common dictionary
would define the term professional to refer to either a person who works in a
profession (professional as a noun) or a quality of service or practice when
working in a profession such as competent, meet the standards or exceed the
standards (professional as an adjective).

So, the term professional can be used to refer to:

(a) Anybody who is a doctor or a lawyer because these two are among the
recognised professions around the globe; or

(b) The quality of a certain:

(i) Object or guideline (e.g., professional code of ethics, professional


training standards);

(ii) Work (e.g., professional training, professional communication); and

(iii) Profession (e.g., a professional psychologist means a competent


psychologist whose work is based on ethical standards set by the
psychology professional body).

According to Johari (2001), there are two types of professionals:

(a) Professional consultants ă Acting on behalf of individuals who become


their clients and receiving service fees directly from the clients, for
example, counsellors, lawyers, and psychiatrists.

(b) Paid professionals ă Perform duties assigned by their superiors (top


management team) in the work organisation, for example, lecturers,
researchers, and engineers.

There are some differences between the professional consultants and paid
professionals.

The first involves issues on payment of service fees, which are directly linked to
ethical standards (e.g., refer to Standard 6: Record keeping and fees in the APA
Code of Ethics 2010). If you are a professional psychologist who owns a private
practice and provides some psychological services to diverse clients, you must be
familiar with the guidelines regarding financial dealings and fair trading. How

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22  TOPIC 2 PSYCHOLOGISTS AS PROFESSIONALS

much should you charge? What would happen if there is a change in a clientÊs
financial circumstances?

The second lies in the professional-client relationship, in which counsellor-client


relationship is based on the assumption of equal distribution of power but a
lecturer-student relationship emphasises power imbalances.

The third involves ethical dilemmas. Paid professionals face lesser dilemmas
than those experienced by professional consultants because the latter have to use
their own professional judgement and knowledge to resolve them.

The three criteria of a professional consultant are:

(a) Providing important services to clients;


(b) Exercising monopoly in a service; and
(c) Having the ability to control and monitor actions.

Now, let us try to define the term „professionalism‰. According to the Merriam-
Webster Dictionary, professionalism can be defined as:

The conduct, aims, or qualities that characterise or mark a profession or a


professional person.

For example, a high level of professionalism is expected when counselling


psychologists are working with culturally different clients in a multicultural
context. Although this definition is generally acceptable, it does not address
the complexity of the relationship between professional conducts and ethical
behaviours. Corey et al.Ês (2010) comment below may cast some light to
understand the term professionalism:

Professionalism has some relationship to ethical behaviour, yet it is possible


to act unprofessionally and still not act unethically. For instance, not
returning a clientÊs telephone call promptly might be viewed as
unprofessional but it would probably not be considered unethical unless the
client were in crisis (p. 14).

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TOPIC 2 PSYCHOLOGISTS AS PROFESSIONALS  23

SELF-CHECK 2.2

1. Differentiate between the terms profession, professional and


professionalism. Draw examples to support your answers.

2. Discuss the relationship between professionalism and ethical


behaviour. Explain your answers by drawing on some examples
based on hypothetical scenarios.

ACTIVITY 2.3

Surf the Internet to the Malaysian Abstracting and Indexing System


website (http://myais.fsktm.um.edu.my/) and locate the following
article:

Rafidah Aga Mohd Jaladin, and Noh Haji Amit. (2006). Value issues
in the helping relationship. Masalah Pendidikan. Vol 29. pp. 47ă56.
ISSN 0126-5024.

Read the article and identify the top three sources of value conflict
which you feel would be most difficult to handle. Discuss with your
coursemates at the next tutorial.

2.2 THE PSYCHOLOGIST AS A PERSON AND


AS A PROFESSIONAL
The common theme which underlies psychologists as a person and as a
professional is value. The term value can be generally defined as beliefs and
attitudes that provide direction to everyday living (Corey et al., 2010). As a
person, psychologists have their own sets of values which are greatly influenced
by their family, upbringing, schooling and socialisation. These personal values
can consciously or subconsciously influence psychologistsÊ ways of thinking and
behaving. As a professional, psychologists also have ethical values which they
must adhere to in order to uphold the professionalism of psychology. These
ethical values and standards guide and monitor their conduct when working
with clients from all walks of life. By adhering to these standards, psychologists
would feel confident that their conduct is right and proper.

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24  TOPIC 2 PSYCHOLOGISTS AS PROFESSIONALS

The most unsettling situation which any psychologist may encounter is when
they experience conflicting values. This subtopic discusses possible value
conflicts which psychologists may experience in their line of duty. Firstly, this
subtopic will define the term „value conflict‰. Then, it will present a scenario
that may require the psychologist to resolve, using a step-by-step ethical decision
making process to deal with the situation. Finally, we will also discuss some
steps and strategies to deal with ethical dilemmas pertaining to a conflict of
values.

2.2.1 Value Conflict


Value conflict in a helping relationship occurs when the counsellor and client
have different values pertaining to some issues. For example, value conflict may
happen due to differences in religion, sexuality, morality, political views and
even life experiences.

Dealing with conflicting values can be challenging. As psychologists, we cannot


avoid facing value conflict when providing psychological services to our clients.
Value conflict is also known as a clash of values and it can happen in situations
or cases when:

(a) PsychologistsÊ values and those of their clients clash to such an extent that
these psychologists do not feel confident with their ability to be helpful
(Corey et al., 2010); and/or

(b) PsychologistsÊ personal values clash with their professional values to the
extent that they are not able to function effectively.

Both situations can lead to a referral dilemma ă to refer or not to refer.

Corey et al. (2010) recommended psychologists to:

(a) Refer „as the last resort‰ if a clientÊs needs are outside the scope of your
competence. But referral is the appropriate and ethical course of action to
take when any of the following situations arise:

(i) When moral, religious or political values are centrally involved in a


clientÊs presenting problems;

(ii) When the therapistÊs boundaries of competence have been reached;

(iii) When the therapist has extreme discomfort with a clientÊs values;

Copyright © Open University Malaysia (OUM)


TOPIC 2 PSYCHOLOGISTS AS PROFESSIONALS  25

(iv) When the therapist is unable to maintain objectivity; or

(v) When the therapist has grave concerns about imposing his or her
values on the client.

(b) Not to refer: if you feel that you are confident you can „work through such
conflicts successfully‰ (p. 82). So, the challenge is two-fold:

(i) How to self-assess your confidence and competence levels; and

(ii) What possible actions to consider before making a referral? These


will be discussed further in the next section.

For example, Malay-Muslim psychologists or counsellors may experience


conflicting values when working with a lesbian client because lesbianism is a
culturally sensitive issue in Malaysia among Muslims. As a person, psychologists
may have a strong opinion regarding a lesbianÊs lifestyle but they have to remain
objective and neutral in order to help this client. So, the challenge lies in the
negotiation process which gives rise to ethical dilemmas.

Even Western-trained professionals in the field of applied psychology may


sometimes experience instances where personal values conflict with professional
values especially where ethnicity and religion are concerned. Would you be
prepared and confident to deal with, say, a lesbian client? How would you deal
with such a client?

SELF-CHECK 2.3

Referral dilemma (to refer or not to refer) is common in counselling.


When does referral become necessary? Discuss your answers by using
examples from suitable hypothetical scenarios.

2.2.2 Strategies in Dealing with Value Conflicts in


Counselling
How does one deal with value conflict? What are the strategies to consider before
deciding to refer or not to refer? How can one refer a client without causing harm
to the clientÊs wellbeing? These are among the questions which will be addressed
in this subtopic.

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26  TOPIC 2 PSYCHOLOGISTS AS PROFESSIONALS

Corey et al. (1998) illustrated several case studies that indicate possible conflict
in life experiences and philosophies, including working with:

(a) An elderly person;


(b) A person of a different racial, ethnic, or cultural group;
(c) A physically handicapped person;
(d) A delinquent or a criminal; and
(e) A person who is having alcohol or drug-related problems.

When there is conflict in terms of life differences and philosophies, a referral


dilemma may enter the counsellorÊs mind: to refer or not to refer. So, what are the
strategies to consider before deciding to make a referral? Refer to Figure 2.1.

Figure 2.1: Steps in dealing with value conflict


Source: Corey et al. (2010)

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TOPIC 2 PSYCHOLOGISTS AS PROFESSIONALS  27

In case you are curious to know more about how to tackle gay or lesbian issues,
the next subtopic discusses guidelines and strategies for counselling gay and
lesbian clients.

2.2.3 Guidelines and Strategies for Counselling Gay


and Lesbian Clients
The ethical codes of the ACA, the APA, and the APS clearly state that
discrimination on the basis of minority status ă be it race, ethnicity, gender or
sexual orientation ă is unethical and unacceptable. Thus, counsellors or trainee
students should have sufficient knowledge and skills to provide sensitive
treatment to gays and lesbians. Specifically, Corey et al. (1998) proposed the
following specific steps and guidelines:

(a) To challenge counsellorsÊ attitudes toward lesbians and gay men;

(b) To acquire a body of knowledge about community resources for these


clients;

(c) To confront counsellorsÊ personal prejudices, myths, fears, and stereotypes


regarding sexual orientation;

(d) To acquire specialised knowledge about gay population in general and


about the meaning of a gay identity to particular individuals; and

(e) To continue to educate themselves about gay identity development and


management.

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28  TOPIC 2 PSYCHOLOGISTS AS PROFESSIONALS

Table 2.1: Examples of Biased and Exemplary Practices


When Counselling Gay or Lesbian Clients

Examples of Biased Practices Examples of Exemplary Practices

(a) Automatically attributing a clientÊs (a) Not attempting to change the sexual
problems to his or her sexual orientation of a client without
orientation. evidence that the client desires this
change.
(b) Expressing attitudes and beliefs
which trivialise or demean gay and (b) Recognising that gay and lesbian
lesbian individuals or their people can live happy and fulfilled
experience. lives.
(c) Showing insensitivity to the impact of (c) Recognising the importance of
prejudice and discrimination on gay educating professionals, students,
and lesbian parents and their supervisees and others about gay and
children. lesbian issues and attempting to
counter prejudices and
(d) Providing or imparting inaccurate or misinformation.
biased information about lesbians
and gay men. (d) Recognising the ways in which social
prejudices and discrimination create
problems for clients and dealing with
these concerns during therapy.

Source: Corey et al. (1998)

ACTIVITY 2.4

Compare and contrast the professional requirements for psychologists


in three different countries.

(a) What are the similarities?

(b) What are the differences?

Discuss your findings with your classmates.

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TOPIC 2 PSYCHOLOGISTS AS PROFESSIONALS  29

2.3 SPECIFIC PROFESSIONAL REQUIREMENTS


FOR PSYCHOLOGISTS
In order to become a licensed-practising psychologist, psychology students have
to meet legal and ethical requirements in their specific cultural contexts or
countries some of which can be summarised as follows:

(a) Earning a degree from an accredited institution. For example, to become


clinical and counselling psychologists in the United States, a doctorate in
psychology is usually required. In addition to the doctorate degree, an
approved internship and one to two years of professional experience is also
needed. The details of the professional requirements on education and
accreditation are:

(i) Clinical Psychologists


 Medical model based
 Ph.D., Psy.D
 Research oriented
 Work with the mentally ill; organic causes

(ii) Counselling Psychologists


 Ph.D., Ed.D., Psy.D
 APA internships favoured
 State regulates title ‰psychologist„ (license)
 Fighting for limited authority to prescribe drugs
 Can administer psychological tests; fighting for exclusive rights
 Licensure laws allow counsellors to do testing in 94% of states

(iii) Professional Counsellors


 Educational/developmental roots
 Master's Ed.D., Ph.D
 48ă60 hour programmes
 Broad range of specialities
 Licensure in 45 states

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30  TOPIC 2 PSYCHOLOGISTS AS PROFESSIONALS

(b) Completing the requirements to achieve professional licensing in the state


where one wishes to work (not yet available in Malaysia because of the
limited number of professional psychologists).

(c) Completing requirement for speciality certification for Psychologists. For


example, in the US, there are 13 different areas for speciality certification.
Some examples of these are psychoanalysis, rehabilitation, forensic,
group, school, clinical health, and couple and family. According to
About.Com.Psychology website:

To obtain board certification in a speciality, candidates must meet the


general criteria which consist of having a doctorate in psychology as
well as State licensure. Each candidate must then meet the additional
criteria of the speciality field, which is usually a combination of
postdoctoral training in their speciality, several years of experience, and
professional endorsements, as determined by the ABPP. Applicants are
then required to pass the speciality board examination.

(Source: http://psychology.about.com/od/careersinpsychology/a/licensing. htm)

(d) Becoming a member of a professional psychological association or society.

(e) Completing the requirement for advancement for psychologists. For


example, psychologists can improve their advancement opportunities by
earning an advanced degree and continuing their education. Many
psychologists opt to start their own private practice after gaining
experience working in the field. (Source: About.com.Psychology website at
http://psychology.about.com/od/careersinpsychology/a/licensing.htm)

Apart from these professional requirements, psychologists must also have good
personal qualities such as:

(a) Emotionally stable;


(b) Good at dealing with people;
(c) Sensitive;
(d) Compassionate;
(e) Strong leaders;
(f) Capable of working independently;

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TOPIC 2 PSYCHOLOGISTS AS PROFESSIONALS  31

(g) Detail-oriented;
(h) Willing to work as a team; and
(i) Patient.

In order to become a good counsellor, the following charasteristics are needed:

(a) Stability of character;


(b) Harmony with self and others;
(c) Constancy and purposefulness;
(d) Flexible;
(e) Seeking goodwill for others;
(f) Sensitive to oneself and the effect you have on others;
(g) Knowing your own wounds and working to resolve them;
(h) Energetic; and
(i) Intelligent.

In Malaysia, Akta Kaunselor 580 (1998) describes the requirements for


registration of counsellors and practising certificates in Part IV. Among the topics
discussed in the Act are:

(a) Counsellors must be registered. For example, no person shall:

(i) Practise or carry on or operate, or hold himself out as practising or


carrying on or operating, or take up employment, as a counsellor;

(ii) Use the title „registered counsellor‰ or any title in any language
which may be reasonably construed to imply that he is a registered
counsellor; or

(iii) Use or display any sign, board, card or other device representing or
implying that he is a registered counsellor, unless he is registered
under this Act. (p. 14ă15)

(b) Practising certificate is required. For example, „No person shall practise as
a counsellor unless he holds a valid practising certificate issued under this
Act.‰ (p. 15)

(c) Qualification for registration.

(d) Application for registration.

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32  TOPIC 2 PSYCHOLOGISTS AS PROFESSIONALS

Overall, psychologists have legal and ethical requirements to meet in order to be


recognised as a professional. They must not only have the right knowledge and
skills but must possess the necessary qualities to become effective helpers.

ACTIVITY 2.5

Look up the references below to check the requirements required to


become a registered, licensed counsellor in Malaysia.

 Lembaga Kaunselor Malaysia (2003). Piawai dan kelayakan latihan


kaunselor [Standards and qualifications of counsellor training].
Kuala Lumpur: Lembaga Kaunselor.

 Lembaga Penyelidikan Undang-undang Malaysia (1998). Akta


Kaunselor 1998 (Akta 580). Kuala Lumpur: International Law Book
Services.

 A profession refers to a type of work that needs specialised education and


training, among many other professional requirements, to effectively
provide quality services to consumers or clients.

 The term professional can either refer to a person who works in a profession
(professional as a noun) or a quality of service or practice when working in a
certain profession.

 Some of the characteristics of a profession include: having specialised


knowledge; having undergone intensive and continuous training; and being
a member of a professional association.

 In order to become a licensed, practising psychologist, psychology students


must meet legal and ethical requirements in their specific cultural contexts
or countries.

 Apart from professional requirements, psychologists must also possess


certain personal qualities and characteristics.

 Value conflict in a helping relationship occurs when the counsellor andthe


client have different sets of values pertaining to certain issues.

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TOPIC 2 PSYCHOLOGISTS AS PROFESSIONALS  33

Accreditation Professional
Biased practices Professional behaviours
Certification Professional consultants
Ethical standards Professional identity
Exemplary practices Professionalism
Licensure Unprofessional behaviours
Paid professionals Value conflict
Profession

Abdul Halim Othman, Md Shuaib Che Din, & Sapora Sipon. (2000). Latihan
kaunseling di Malaysia: Satu ulasan dan cadangan. PERKAMA 8, 137ă151.

Corey, G., Corey, M. S., & Callanan, P. (2010). Issues and ethics in the helping
professions (8th ed.). Belmont, CA: Brooks/Cole.

Feit, S. S., & Lloyd, A. P. (1990). A profession in search of professionals.


Counselor Education and Supervision, 29, 216ă219.

Johari, M. J. (2001). Etika profesional. Skudai, Malaysia: Universiti Teknologi


Malaysia.

Lembaga Kaunselor Malaysia. (2003). Piawai dan kelayakan latihan kaunselor


(Standards and qualifications of counsellor training). Kuala Lumpur,
Malaysia: Lembaga Kaunselor.

Rafidah Aga Mohd Jaladin, & Noh Amit. (2006). Value issues in the helping
relationship. Masalah Pendidikan, 29, 47ă56.

Copyright © Open University Malaysia (OUM)


Topic  Professional
3 Competence
and Training
LEARNING OUTCOMES
By the end of this topic, you should be able to:
1. Define the term „professional competence‰;
2. Describe the dimensions of professional competence;
3. Describe at least two code of ethics pertaining to professional
competence;
4. Discuss professional education and training available for professional
psychologists; and
5. Assess and evaluate psychologistsÊ professional competencies based
on specific criteria.

 INTRODUCTION

There is nothing more dangerous than ignorance in action.


Johann Wolfgang von Goethe

This topic presents a continued discussion from Topic 2. In Topic 2, we identified


and discussed the specific requirements to become psychologists. Earning a
degree, obtaining a practising license, becoming a member of the professional
association and continuing education and training in a specialised area are steps
to develop and enhance competence among professionals in various fields
including psychology and counselling. A competent professional must be aware
of his or her scope of expertise, must have knowledge in the area of his or her

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TOPIC 3 PROFESSIONAL COMPETENCE AND TRAINING  35

competence, and must possess the necessary skills to be able to work effectively
and ethically with diverse clients or customers in specific contexts.

In this topic, we will discuss professional competence and training of


psychologists. It includes a discussion on the definition of professional
competence, the code of ethics pertaining to professional competence, the legal
and ethical aspects of counsellor competence, the education and training for
professional development and the assessment of professional competence.

ACTIVITY 3.1

In small groups, explore the criteria for determining whether a


counsellor is competent or not. Generate a list of specific criteria (or
qualities) that competent counsellors should have, and share this with
your coursemates. Give reasons for your answers.

3.1 UNDERSTANDING PROFESSIONAL


COMPETENCE
Fulfilling the specific requirements mentioned in Topic 2 does not guarantee
you to become a competent professional. Why? Firstly, competence is a multi-
dimensional construct which involves several dimensions or factors as the
constituents of the construct. Second, it is because striving for competence is a
lifelong endeavour (Corey et al., 2010, p. 323).

Therefore, do not expect that once you have finished reading this module, you
know everything about becoming a competent professional! It takes time and a
lot of practice to develop, achieve, maintain and enhance our abilities and
competencies.

What does professional competence mean? Consider the following definitions:

(a) Refers to the necessary knowledge, skills, abilities and values to provide
effective services (Barnett & Johnson, 2008).

(b) Refers to the ability to perform or practise according to the standards of the
profession (Bennett et al., 2006).

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36  TOPIC 3 PROFESSIONAL COMPETENCE AND TRAINING

Both definitions imply that understanding professional competence as a concept


involves assessing several dimensions such as knowledge and skills (component-
based concept), and exploring the way a professional works (practice-based
concept). Koocher and Keith-Spiegel (2008) define high-quality professional
practice based on acquisition of two different types of competencies: intellectual
competence and emotional competence.

(a) Intellectual Competence


This refers to the acquisition of knowledge based on empirical research and
sound clinical scholarship regarding practice with a particular client
population.

Intellectual competence may also refer to a general ability to assess,


conceptualise, and plan appropriate treatment for a particular client or
problem.

So, defining intellectual competence can be translated into this simple


question: What does one know and not know?

(b) Emotional Competence


This may refer to several affective domains of professionals:

(i) ProfessionalsÊ ability to emotionally contain and tolerate emerging


issues and challenges in their work;

(ii) ProfessionalsÊ willingness and skills at detecting the intrusion of


personal biases and values into their work; and

(iii) ProfessionalsÊ capacity for self-care or self-therapy during and after


difficult psychotherapy or counselling.

So, defining emotional competence can be translated into one simple question:
How does one work and cope with work stressors?

Corey et al. (2010) defined professional competence from a different perspective


ă that competence is both an ethical and legal concept.

(a) Legal Dimension


Competence refers to the acquisition of necessary knowledge, skills,
abilities and values to avoid malpractice suits, which can be subjected to
disciplinary proceedings and/or held legally responsible in a court of law.

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TOPIC 3 PROFESSIONAL COMPETENCE AND TRAINING  37

(b) Ethical Dimension


Competence refers to the acquisition of necessary knowledge, skills,
abilities and values to protect and effectively and ethically serve clients.

Overall, understanding the concept of professional competence is important for


all mental health professionals such as therapists and counsellors because such
understanding shapes their practices to suit a particular client population.

3.1.1 Ethics Codes on Professional Competence


What ethical standards offer guidance in determining competence among
professionals? To answer this question, let us study some extracts from selected
codes of ethics in psychology or psychology-related fields.

Table 3.1: Selected Extracts from Various Codes


of Ethics on Professional Competence Standards

Sources/Codes Extracts of Codes

American Psychologists provide services, teach and conduct research with


Psychological populations and in areas only within the boundaries of their
Association competence based on their education, training, supervised experience,
(2010) consultation, study, or professional experience.

Australian B.1.1. Psychologists bring and maintain appropriate skills and


Psychological learning to their areas of professional practice.
Society (2007)
B.1.2. Psychologists only provide psychological services within the
boundaries of their professional competence. This includes, but is not
restricted to:
(a) Working within the limits of their education, training,
supervised experience and appropriate professional experience;
(b) Basing their service on the established knowledge of the
discipline and profession of psychology;
(c) Adhering to the Code and Guidelines;
(d) Complying with the law of the jurisdiction in which they
provide psychological services; and
(e) Ensuring that their emotional, mental, and physical state does not
impair their ability to provide competent psychological service.

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38  TOPIC 3 PROFESSIONAL COMPETENCE AND TRAINING

Lembaga Qualifications and Training:


Kaunselor
(a) A registered counsellor who is responsible in training counsellors
(1999)
must have qualifications in the field of his/her teaching.
Counsellor
(b) A registered counsellor must comply with the guidelines related
Rules (Conduct
to practical training, and roles of trainees and trainers which
and
have been set by the Board.
Displinary)
1999 (c) A registered counsellor involved in training must explain to
(Amended trainees the requirements and contents of the training programme
2010) and career opportunities in counselling before the training starts.

Lembaga No specific information on professional competence. The following


Kaunselor information was taken under Kod Tatalaku or code of practice:
(1999)
(a) Counsellors must guide their actions (practice) to uphold the
Counsellor standard and identity of a counsellor and the integrity of a
Code of Ethics counselling profession.
(1194, 1999)
(b) Counsellors must always strive to evaluate and upgrade their
knowledge, competence and skills in the field of their
profession.
(c) Counsellors must carry out their duties responsibly, objectively,
and sincerely in accordance with the counselling profession.
(d) Counsellors must be supervised and their counselling tasks
must be evaluated by professional supervisors via regular
supervision and consultative support.

American Counsellors practise only within the boundaries of their competence,


Counseling based on their education, training, supervised experienced, state and
Association national professional credentials, and appropriate professional
(2005) experience. Counsellors gain knowledge, personal awareness,
sensitivity and skills pertinent to working with a diverse client
population. (C.2.a.)

Canadian Counsellors limit their counselling services and practices to those


Counselling within their professional competence by virtue of their education and
Association professional experience, and consistent with any requirements for
(2007) provincial and national credentials. They refer to other professionals,
when counselling needs of clients exceed their level of competence.
(A.3.)

Source: Corey et al. (2010); www.apa.org; www.psychology.org.au;


www.eghrmis.gov.my

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TOPIC 3 PROFESSIONAL COMPETENCE AND TRAINING  39

Based on the information from these codes, we can summarise a few key points:

(a) Professional competence comprises some dimensions such as knowledge,


abilities, skills, awareness, sensitivity, and experience.

(b) Professional competence must be acquired, developed, maintained, and


upgraded through education, training, supervised experience, consultation,
study, or professional experience.

(c) Professional competence has boundaries and competent professionals must


recognise their limitations and weaknesses as well as their strengths and
skills. If a professional has reached the boundaries of his/her professional
competence, ethical practice requires that he/she makes a referral to
another professional who is competent.

3.1.2 Professional Training


Professionals have a legal and ethical responsibility to develop and upgrade their
skills. This is evidenced further by the following quote from the APA Code of
Ethics (2010):

Psychologists undertake ongoing efforts to develop and maintain their


competence. (2.0.3)

There are numerous ways to developing and maintaining professional


competence and these are:

(a) Education
Gaining formal education from specific educational programmes endorsed
and accredited by the profession of interest.

(b) Training
Participating in formal (internship) and off-campus training to acquire
practical knowledge and experience in the area of your formal education.

(c) Supervised Experience


Working with colleagues or professionals who have more experience
especially when you are beginning to develop competencies in new areas
of practice.

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40  TOPIC 3 PROFESSIONAL COMPETENCE AND TRAINING

(d) Consultation
Seeking collegial consultation or professional supervision with
acknowledged experts before practising outside the areas which you have
received formal education and training.

(e) Further Study


Always seek opportunities to further your studies to upgrade your
knowledge, skills and expertise.

(f) Professional Experience


Always seek opportunities to gain new skills by attending seminars,
conferences and conventions, reading books and professional journal
articles, by surfing the internet, taking short-term courses in areas which
you have limited knowledge and skills, and by participating in workshops.

Training programmes have an ethical responsibility to:

(a) Establish clear selection criteria for each programme.

(b) Screen potential candidates to protect public from incompetent practitioners.


For example, in counselling programmes, both paper-based assessments and
interviews are necessary to ensure the personality, interest, and the ability of
the candidates match with programme objectives.

(c) Provide exposure to major contemporary counselling theories.

(d) Teach students strengths and limitations of theories.

(e) Emphasise theoretical and practical components of education and training.

(f) Combine academic and personal learning.

(g) Teach a range of skills to work well with diverse clients.

(h) Provide training in ethics.

SELF-CHECK 3.1

1. How would you define „professional competence‰?


2. What are the criteria for determining professional competence?
3. What ongoing efforts should psychologists take to develop and
maintain their professional competence?

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TOPIC 3 PROFESSIONAL COMPETENCE AND TRAINING  41

3.2 ASSESSING PROFESSIONALLY COMPETENT


PRACTICE
Professionals practise only within the boundaries of their competence based on
the following criteria:

(a) Education;
(b) Training;
(c) Supervised experience;
(d) State and national professional credentials; and
(e) Appropriate professional experience.

Unfortunately, these criteria do not mean that professionals cannot branch out
into new areas of practice. How to assess and evaluate oneÊs practices? How to
make an objective and honest assessment on whether to refer clients whose
problems seemed too difficult for you, or to proceed providing psychological
services?

3.2.1 Assessing Professional Competence among


Trainees
In the United States, there are numerous models for assessing professional
competencies of psychology students and practitioners. For example, a model for
understanding and measuring competence in professional psychology across
training levels was recently proposed by a group of scholars and researchers
from the field (Fouad, et al., 2009). The model is intended as a resource for those
involved in training and assessing for competence. It comprises several core
foundational and functional competencies in professional psychology across
three levels of professional development:

(a) Readiness for practicum;


(b) Readiness for internship; and
(c) Readiness for entry to practice.

Under each level, the model lists 15 foundational and functional components
which comprise the core competencies and behavioural statements that provide
operational descriptions of the essential elements.

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42  TOPIC 3 PROFESSIONAL COMPETENCE AND TRAINING

The foundational components are:

(a) Professionalism ă Professional values and ethics as evidenced in behaviour


and comportment that reflects the values and ethics of psychology,
integrity and responsibility;

(b) Reflective practice/self-assessment/self-care ă Practice conducted with


personal and professional self-awareness and reflections; with awareness of
competencies; with appropriate self-care;

(c) Scientific knowledge and methods ă Understanding of research, its


methodology, techniques of data collection and analysis, biological bases of
behaviour, cognitive-affective bases of behaviour, and development across
the lifespan. Respect for scientifically derived knowledge;

(d) Relationships ă Relate effectively and meaningfully with individuals,


groups, and/or communities;

(e) Individual and cultural diversity ă Awareness, sensitivity and skills in


working professionally with diverse individuals, groups and communities
who represent various cultural and personal backgrounds and
characteristics defined broadly and consistent with APA policy;

(f) Ethical legal standards and policy ă Application of ethical concepts and
awareness of legal issues regarding professional activities with individuals,
groups, and organisations; and

(g) Interdisciplinary systems ă Knowledge of key issues and concepts in


related disciplines. Identify and interact with professionals in multiple
disciplines.

The functional components are:

(a) Assessment ă Assessment and diagnosis of problems, capabilities and


issues associated with individuals, groups, and/or organisations;

(b) Intervention ă Interventions designed to alleviate suffering and to promote


health and well-being of individuals, groups, and/or organisations;

(c) Consultation ă The ability to provide expert guidance or professional


assistance in response to a clientÊs needs or goals;

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TOPIC 3 PROFESSIONAL COMPETENCE AND TRAINING  43

(d) Research/evaluation ă Generating research that contributes to the


professional knowledge base and/or evaluates the reflectiveness of various
professional activities;

(e) Supervision ă Supervision and training in the professional knowledge base


and of evaluation of the effectiveness of various professional activities;

(f) Teaching ă Providing instruction, disseminating knowledge, and


evaluating acquisition of knowledge and skills in professional psychology;

(g) Management-administration ă Manage the direct delivery of services (DDS)


and/or the administration of organisations, programmes, or agencies (OPA);
and

(h) Advocacy ă Actions targetting the impact of social, political, economic or


cultural factors to promote change at the individual (client), institutional,
and/or systems level.

3.2.2 Assessing Professional Competence among


Practitioners
Corey at al. (2010) provided some guidelines or rules of thumb to help mental
health professionals assess their professional competence before making specific
decisions regarding their practices:

(a) Peer Review


Participate in peer review activities (if available) so that you (and other
practitioners within a profession) can assess one anotherÊs services.

(b) Consultation with Colleagues


Always consult with colleagues if unsure of ability to provide services in a
particular area of counselling practice.

(c) Peer-supervision Groups


These are useful for both trainees and practitioners because they „foster the
development of skills, conceptual growth, participation, instructive
feedback, and self-monitoring‰ (p. 360).

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44  TOPIC 3 PROFESSIONAL COMPETENCE AND TRAINING

(d) Self-assessment and Self-reflection


Always engage in an ongoing process of self-assessment and self-reflection
so that if a clientÊs counselling needs exceed your competence, you know
whether to either:

(i) Develop the competence necessary to treat the client; or

(ii) Refer that particular client to another professional who has the
competence to deal with the clientÊs counselling needs.

(e) Referrals
Making referrals involve specialised knowledge and skills. Before making
referrals:

(i) Be aware that you do not have the skills needed to help the client. For
example, if you are trained in couple therapy involving „normal
couples‰ but the clients are involved in a lesbian relationship, then
you need to assess your competence and confidence level.

(ii) You must have sufficient information regarding referral resources


including:

 A list of appropriate, qualified referral resources in similar areas


of your expertise. For example, the name, work address, contact
details, and basic qualifications of mental health professionals
outside your work organisation but in similar areas of expertise;
and

 A list of appropriate, qualified referral resources in different


areas of practice.

When making the referral, you must know the reason why you decide to refer
your clients, understand your clientsÊ state of mind during the time of making
the referral (clients can be negatively affected if you refer them too quickly), have
contacted other professionals as nominated qualified referral resources, and
possess culturally-sensitive skills to demonstrate that a referral is in the clientsÊ
best interest so that there is a greater chance that the clients will accept the
referral.

Now, consider the following case study to assess your competence in working
with a specialised client population in counselling.

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TOPIC 3 PROFESSIONAL COMPETENCE AND TRAINING  45

The Case of Swee Lian


Swee Lian, a 17-year-old secondary school student, is being seen by the school
counsellor, Kamal, who is trained in academic and career counselling, at the
request of her form teacher, Shimala. Swee LianÊs performance in school work
has suddenly dropped, she has become withdrawn socially and Shimala is
concerned that Swee Lian would not be able to perform well in her upcoming
examinations if her academic problems are not addressed immediately.

After individual counselling sessions with Swee Lian over several weeks, the
student tells her counsellor that she has thought of committing suicide even
though she has not made any specific plans. Swee Lian says she could not
cope with the stress of preparing for the examinations and the pressure from
her parents who wanted her to obtain excellent results. Kamal has never dealt
with clients with suicidal tendencies before and he is aware that continuing
the counselling sessions with his client would be difficult and may involve
legal-ethical obligations. If you are in KamalÊs position, what would be the
best possible course of action to take ă to refer or not to refer? Why?

To help you in decision making, let us question our knowledge on professional


competence.

(a) What do the code of ethics say about professional competence standards?

(b) If you decide to continue the session:

(i) What ethical and legal obligations would you have towards Swee
LianÊs parents, her class teacher and the school principal?

(ii) What are the rights of the parents?

(iii) What are the rights of the school principal?

(iv) Would you feel confident and prepared to continue dealing with the
case?

(v) If Swee Lian is suicidal, what ethical and legal obligations would you
have toward the parents and the school principal?

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46  TOPIC 3 PROFESSIONAL COMPETENCE AND TRAINING

(c) If you decide to make a referral,

(i) How would you deal with the knowledge that you have had a golden
opportunity to branch out of your area of practice but did not take it
up?

(ii) Are you aware of your competence boundaries? Are the limits of
your competence reached?

(iii) Do you have sufficient referral resources?

(iv) How would you tell Swee Lian about your intention of a referral
knowing that she has trusted you, accepted you as her counsellor and
confided in you her innermost secret?

(v) How do you make this referral in such a manner that Swee Lian will
be open to accepting your suggestion rather than be harmed by it?

Remember:
Difficulty working with some clients does not by itself imply incompetence
nor does lack of difficulty imply competence (Corey et al., 2010).

ACTIVITY 3.2

In small groups, explore the topic of when and how you might make a
referral. Role play a referral case (for example, using the case of Swee
Lian) with one student playing the client (Swee Lian) and another the
counsellor (Mr Kamal). After the role play, invite comments and
feedback from the „client‰ and other students on how the counsellor
handled the situation.
(a) What are the counsellorÊs strengths?
(b) What are the counsellorÊs weaknesses?
(c) How can you better handle the situation?

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TOPIC 3 PROFESSIONAL COMPETENCE AND TRAINING  47

3.2.3 Maintaining Professional Competence:


Continuing Professional Education, Certification
and Licensure

Professionals are required to engage in ongoing study, education, training,


and consultation in their areas of practice.
(Corey et al., 2010)

Most codes of ethics state their requirements for continuing professional


education and development. For example, the ACA Code of Ethics (2005) states:

Counselors recognise the need for continuing education to acquire and maintain
a reasonable level of awareness of current scientific and professional information
in their fields of activity. They take steps to maintain competence in the skills
they use, are open to new procedures, and keep current with the diverse
populations and specific populations with whom they work. (C.2.f.)

So, one way to maintain professional competence is by continuing professional


education and training.

Besides continuing professional education, certification and licensure are


examples of the specific criteria of a profession (as discussed in Topic 2). In order
to maintain professional competence, practitioners have a legal-ethical
responsibility to become registered-certified professionals with their respective
professional board, to obtain a practising license before commencing with their
practices, and to renew their practising licenses before the license expiry date.
They must comply with these requirements in order to:

(a) Uphold and protect the welfare of others (clients);


(b) Avoid malpractice suits; and
(c) Be ethical.

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48  TOPIC 3 PROFESSIONAL COMPETENCE AND TRAINING

Table 3.2: Key Characteristics of Certification and Licensure

Certification Licensure
 Voluntary attempt by a group to  Governs professional practice.
promote professional identity.
 Highlights uniqueness of an occupation.
 Attempts to verify qualifications.
 Restricts both use of title and practice
 Sets minimum standards. of occupation.
 Assure quality practice.

Source: Corey et al. (2010)

Some professional bodies from various states or countries set specific


requirements that most mental health professional should demonstrate, as a basis
for re-licensure or re-certification, that they have completed a minimal number of
continuing education activities. However, in Malaysia, no specific requirements
are formulated for assessing applications for re-licensure and re-certification.

SELF-CHECK 3.2

Discuss the pros and cons of making referrals and suggest ways to
enhance professionally competent practices among mental health
practitioners.

 Competence is a multi-dimensional construct which involves several


dimensions or factors as the constituents of the construct.

 Striving for competence is a lifelong endeavour.

 According to Bennett et al., competence refers to the ability to perform or


practise according to the standards of the profession.

 Barnett and Johnson describes competence as the necessary knowledge,


skills, abilities, and values to provide effective services.

 Competence can be both an ethical and legal concept.

 Professional competence comprises some dimensions such as knowledge,


abilities, skills, awareness, sensitivity, and experience.

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TOPIC 3 PROFESSIONAL COMPETENCE AND TRAINING  49

 Professional competence must be acquired, developed, maintained, and


upgraded through education, training, supervised experience, consultation,
study, or professional experience.

 A truly competent professional must recognise their limitations and


weaknesses as well as their strengths and skills.

 If a professional has reached the boundaries of his or her professional


competence, ethical practice requires that he or she make a referral to
another professional who is competent.

 Professionals have a legal and ethical responsibility to develop and upgrade


their skills and they do this through training and education.

 Through education, training, supervised experience and others professionals


can assess their professional competence.

Abilities Experience
Awareness Intellectual competence
Boundaries of professional competence Knowledge
Competence Legal aspect of competence
Emotional competence Professional competence
Ethical aspect of competence Sensitivity
Ethical practice Skills

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50  TOPIC 3 PROFESSIONAL COMPETENCE AND TRAINING

American Counselling Association. (2005). ACA code of ethics. Retrieved from


ww.counseling.org/Resources/CodeOfEthics/TP/Home/CT2.aspx

American Psychological Association. (2010). APA ethical principles of


psychologists and Code of Conduct. Retrieved from http://www.apa.org/
ethics/code/index.aspx

Australian Psychological Society. (2007). APS code of ethics. Retrieved from


http://www.psychology.org.au/Assets/Files/Code_Ethics_ 2007.pdf

Barnett, J. E., & Johnson, W. B. (2008). Ethics desk reference for psychologists.
Washington, DC: American Psychological Association.

Bennett, B. E., Bricklin, P. M., Harris, E., Knapps, S., VandeCreek, L., &
Youngren, J. N. (2006). Assessing and managing risk in psychological
practice: An individualized approach. Rockville, MD: The Trust.

Corey, G., Corey, M. S., & Callanan, P. (2010). Issues and ethics in the helping
professions (8th ed.). Belmont, CA: Brooks/Cole.

Fouad, N. A., Hatcher, R. L., Hutchings, P. S., Collins, F. L. J., Girus, C. L.,
Kaslow, N. J., et al. (2009). Competency benchmarks: A model for
understanding and measuring competence in professional psychology
across training levels. Training and education in professional psychology,
3(4), S5ăS26.

Koocher, G. P., & Keith-Spiegel, P. (2008). Ethics in psychology and the mental
health professions: Standards and cases (3rd ed.). New York, NY: Oxford
University Press.

Lembaga Kaunselor. (1999). Kod etika kaunselor. Kuala Lumpur, Malaysia:


Percetakan Lembaga Kaunselor.

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Topic  Issues in
4 Theory,
Practice and
Research
LEARNING OUTCOMES
By the end of this topic, you should be able to:
1. Define some key terms such as „theory‰, „practice‰ and „research‰;
2. Discuss ethical issues in psychologistsÊ theoretical stance or position;
3. Discuss ethical issues in counselling and psychotherapy practice;
4. Discuss ethical issues in research; and
5. Distinguish an ethically sound theory, competent practice, or research
among many others.

 INTRODUCTION
Working as psychologists, or in particular counselling psychologists, we cannot
run away from three important aspects of our professional work: dealing with
theory, practice and research. Theory is like a guide, a framework, or an action
plan, which influences how we practise. Theory normally has two parts: the
„knowing what‰ and „knowing how‰. Practice is the action part, the translation
of theoretical understanding into some behavioural actions. It is generally
assumed that if we have a good theory, then we would be able to produce good
practice. Last but not least is research, which is commonly known as a study, an
investigation, or an exploration of some testable phenomena to generate better
understanding about them. So, theory, practice and research are three different
aspects of our professional work and they are inter-related to each other.

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52  TOPIC 4 ISSUES IN THEORY, PRACTICE AND RESEARCH

This topic explores the issues and ethical ramifications of theory, practice and
research. We are going to define these three terms and describe their basic
characteristics and functions. Then, we are going to discuss the ethical issues and
implications of each in the context of counselling and psychotherapy. Finally, we
are going to demonstrate our understanding of these concepts into solving some
hypothetical cases involving counsellorsÊ primary duties.

ACTIVITY 4.1

In small groups of three or four, try to recall some of the theories you
have learnt in psychology.

(a) Do you find the theories useful?


(b) Would you try to adhere to any of these theories in your practice?
(c) Give reasons for your answers.

Discuss your findings with your coursemates during the next tutorial.

4.1 ISSUES IN THEORY


What exactly does the term „theory‰ refer to? Generally, the term theory refers to
a guess, hunch, or supposition. In science, a theory is based upon a hypothesis
and supported by evidence, hence it is not merely a guess. It presents a concept
or an idea which is testable. It is a fact-based or concept-based framework for
describing a phenomenon. In psychology, theories are used to provide a model
for understanding human thought, emotions and behaviours. In counselling,
theories are the basic ingredients to inform practice.

There are numerous definitions of the term theory but they can be summarised
into one comprehensive definition:

A theory can be defined as a set of facts, explanatory statements or general


principles used for understanding, explaining and making predictions about
a certain subject matter or phenomenon.

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TOPIC 4 ISSUES IN THEORY, PRACTICE AND RESEARCH  53

Some general characteristics of a good theory (from a positivist perspective)


include the following, which can be easily argued from a non-positivist
viewpoint such as constructivist perspective:

(a) Simplicity
The simpler, the better? Sometimes, complex theories tend to be confusing
but it does not mean that the simpler the theory, the better it is. Good
theories are broad and parsimonious.

(b) Testability
Is it valid and reliable? Will it hold up consistently over time? Is it
internally consistent? Theories must be tested to make them reliable over
time and valid across study populations (external validity). They must
have strong internal consistency in order to be adequate.

(c) Novelty
Does it bring something new to the knowledge base? Theories are normally
introduced to describe new phenomena. Sometimes, existing theories
undergo subsequent revisions and modifications to suit the needs of the
consumer market such as practitioners and clients.

(d) Empirical Support


Has it been tested and does it have supportable data? Empirically
supported theories are positively perceived by scholars and researchers.
Hence, these theories become robust.

(e) Understandable and Predictive


Can it be easily understood when applied? As it is being applied, can
certain predictions be made accurately? As mentioned earlier, a theory
must be able to not only describe a given subject matter or a phenomenon,
but also be able to explain and be a basis for making predictions.

Theory helps counsellors evaluate both old and new approaches to the process of
counselling. It is your base to understand other approaches. By adhering to a
specific theory, you can trace its development based on subsequent revisions and
current thinking in the field. This understanding helps you to identify the
strengths and weaknesses of your theory.

Sometimes, the term theory also refers to the term model which is the sub-
category of a particular theory. For example, theories are used in psychology to
provide a model for understanding human thoughts, emotions and behaviours.
In sum, a theory or a model is your knowledge base which provides guidelines
for your professional practice. So, good theories are those which have stood the
test of time and remain accepted today by both researchers and practitioners.

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54  TOPIC 4 ISSUES IN THEORY, PRACTICE AND RESEARCH

4.1.1 Practical Implications of Theory: Why have a


Theory?
Generally speaking, we need a theory at the very least to inform our practice in
applied psychology fields (e.g., counselling, clinical, or educational psychology).
In counselling, a theory:

(a) Provides a counsellor with unity and relatedness within the diversity of
existence.

(b) Compels counsellors to examine relationships they would otherwise


overlook.

(c) Gives counsellors operational guidelines by which to work and help them
to evaluate their development as professionals.

(d) Helps counsellors focus on relevant data and tells them what to look for.

(e) Helps counsellors assist clients in effective modification of their behaviour.

(f) Helps counsellors evaluate both old and new approaches to the process of
counselling. It is your base to understand other approaches so that you
would be able to reject, partially accept or totally accept them.

Currently, there are four main forces of psychology that shape the current
counselling theories:

(a) Psycho-dynamism
Sigmund Freud was the founder of the psycho-dynamic approach to
counselling. His theory, psychoanalysis, emphasised the influence of the
unconscious mind on behaviour. Psychoanalysis is one of the most
influential and controversial theories of the twentieth century. Other major
theories have been developed either out of FreudÊs legacy or out of
opposition to his ideas.

(b) Humanistic-existential Perspective


Humanistic-existential theories began to grow in popularity in the 1950s.
While the first force theories often focused on abnormal behaviour and
psychological disorders, humanistic-existential theories instead emphasised
the basic goodness of human beings. Some of the well-known humanist-
existentialist theorists in counselling include Carl Rogers, Abraham Maslow,
Fritz Perls and Erich Fromm.

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TOPIC 4 ISSUES IN THEORY, PRACTICE AND RESEARCH  55

(c) Cognitive-behaviourism Perspective


This integrates the behavioural and cognitive theories in the approach to
counselling. Behavioural psychology, also known as behaviourism, is a
theory of learning based on the idea that all behaviours are acquired
through conditioning. Conditioning occurs through interaction with the
environment. According to behaviourism, behaviour can be studied in a
systematic and observable manner with no consideration of internal mental
states. Behaviourism was the dominant school of thought in psychology
until the 1950s. Between 1950 and 1970, cognitive revolution took place
and gave rise to Cognitive psychology or cognitivism. Cognitive theories
of psychology focus on internal mental processes and states such as
motivation, problem solving, decision-making, thinking and attention.

(d) Multiculturalism
From the 1980s onwards, multiculturalism has emerged as the „fourth
force‰ in psychology and become a speciality area in the field of
counselling. Its emergence has brought issues on competent counselling
services for minorities into the ethical consciousness of the counselling
profession.

The challenge for practitioners, especially counsellors, is to choose a theory


which matches the personality of the counsellors by taking a critical examination
at the theorist who developed it and trying to understand why it appeals to them
personally and professionally (Corey et al., 2010).

4.1.2 Ethical Implications of Theory: How Good is the


Theory?
Psychologists must have at least a theory which guides their practice because
„ethical practice is based on a solid theoretical framework‰ (Corey et al., 2010).
However, ethical issues may arise when there is a value conflict between the
therapistÊs theory and the clientÊs worldview. For example, contemporary
theories of counselling place more emphasis on individual change and are
grounded in several key values: freedom of choice, the uniqueness of the
individual, self-assertion and ego strength (Corey et al., 2010). These theories
may have some limitations within cultures which focus more on the social and
cultural context of human existence such as Asians.

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56  TOPIC 4 ISSUES IN THEORY, PRACTICE AND RESEARCH

Among the knowledge-based areas of practice which will have ethical


implications of theory are the following:

(a) Counselling Style


Which counselling style would benefit the client most? Is the counsellorÊs
counselling style doing more harm to the client?

(b) Goals of Counselling


Are the goals of counselling consistent with clientsÊ needs?

(c) Techniques in Counselling


Are the chosen techniques culturally relevant to the clientÊs background?

(d) Assessment and Diagnosis


What is the clientÊs perspective on using tests in counselling? Are the
results from the tests doing more harm to the clientÊs psychological
wellbeing? Some clients from ethnic minorities may become more anxious
when they are told to take psychological tests because of their unfamiliarity
with the procedure.

ACA (2005) Code of Ethics (E.2.b) Appropriate Use


Counsellors are responsible for the appropriate application, scoring,
interpretation, and use of assessment instruments relevant to the needs
of the clients, whether they score and interpret such assessments
themselves or use technology or other services.

(e) Intervention Strategies or Treatments


Are the selected strategies for intervention culturally sensitive to the
clientÊs needs, values and beliefs? For example, a Muslim lady who has a
phobia for dogs may perceive shaping strategies as less preferable because
of her religious values (touching dogs is permissible in Islam only if a
specialised cleansing procedure or samak is performed).

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TOPIC 4 ISSUES IN THEORY, PRACTICE AND RESEARCH  57

SELF-CHECK 4.1

Among the contemporary theories of counselling, which is the most


culturally relevent to the values, beliefs and cultural norms of
Malaysian clients?

(a) Give reasons for your choice.

(b) Does the theory need to be adapted to better suit the culture and
context of Malaysians?

ACTIVITY 4.2

Read the case study below and try to answer the following questions.
Be ready to discuss them with the tutor and coursemates during the
next tutorial meeting.

The Case of Rizal


There was this guy, Rizal, who was married for almost 17 years and
has five children, all boys (aged from 6 months to 15 years). He works
in a multinational company. Of course, at the time of the counselling
session, he was about 46 years old, looking well but a bit messy. He
started using drugs three years ago and the reasons communicated to
the counsellor were: excessive work stress, marital problems and
family issues especially involving raising boys. Now, he admits that
he is an addict. He could not cope with his daily work, his marriage
was at stake because his wife was filing for a divorce and all his boys
seem to hate him. He sought help from the counsellor because he
realised that his 15-year-old son was also using the drugs he stored at
home.

(a) What are the ethical dilemmas in this case?


(b) Are there any legal issues involved?
(c) How would you deal with the case if you were RizalÊs counsellor?

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58  TOPIC 4 ISSUES IN THEORY, PRACTICE AND RESEARCH

4.2 ISSUES IN PRACTICE


The application of theories becomes a practice, an action-oriented activity.
Exemplary practices normally refer to effective and ethical practices. Some
practitioners argue that good practices must be client-centred, focusing on
clientsÊ worldviews as framework to promote growth and change. In a broader
context, evidence-based practices are more favourable by both the practitioner
and client community because such practices are proven workable based on
scientific evidence.

However, in the last two decades, culture-centred practices become the latest
trend in mental health professions which gives rise to a body of literature on
multicultural counselling competency (MCC). In most applied psychology fields,
practitioners are striving towards developing multiculturally competent
practices, which are culturally sensitive and responsive to the needs and values
of clients from diverse cultural backgrounds.

Definition of Terms

(a) Practice: A way of doing or performing something; a performance or


an action.

(b) Practise: To do or perform something.

(c) Professional practice: An exercise of an occupation or profession.


Professionally engaged in a process.

4.2.1 Practice Based on Theory: Does Your Practice


have a Theory?
In counselling, counsellors have many choices in theories. To date, there are more
than 200 theories on counselling. These theories are clustered into four forces in
psychology, as discussed earlier: psycho-dynamism, humanism-existentialism,
cognitive-behaviourism and multiculturalism.

Some counsellors adhere to one theory (about 30% to 40%) while others combine
theories or use various theories and techniques to work with clients. One way is
not better than the other.

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TOPIC 4 ISSUES IN THEORY, PRACTICE AND RESEARCH  59

The important point is that we have a theory! A popular local Malay saying
cautions practitioners regarding the importance of having a theory to guide
practice:

Ilmu tanpa amal, sia-sia


Amal tanpa ilmu, kerja gila!

Knowledge without practice is a waste


Practice without knowledge is madness!

The importance of having a theory to inform practice is also found in a popular


Arabic saying which states:

Having knowledge without practise is like having a tree that can never
bear fruit.

So, in order to practise, you must have theory! For example, there are several
theoretical perspectives on assessment and diagnosis, two important aspects of a
psychological practice in mental health professions. Corey et al. (2010) define the
terms assessment and diagnosis as follows:

Assessment consists of evaluating the relevant factors in a clientÊs life to


identify themes for further exploration.

Diagnosis (sometimes becomes part of the assessment process) consists of


identifying a specific mental disorder based on a pattern of symptoms that
leads to a specific diagnosis found in the Diagnostic and Statistical Manual
for Mental Disorders: Text Revision (DSM-IV-TR: American Psychiatric
Association, 2000).

So, both assessment and diagnosis are necessary to provide direction for selecting
and implementing appropriate treatment plan or process. However, they must be
carried out in a culturally sensitive manner to contribute towards ethical practice.

Table 4.1 summarises the theoretical perspectives on assessment and diagnosis


based on the contemporary theories of counselling (Refer to Corey et al., 2010,
pp. 419ă420 for detail).

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60  TOPIC 4 ISSUES IN THEORY, PRACTICE AND RESEARCH

Table 4.1: Assessment and Diagnosis of Contemporary Counselling Theories

Psychoanalytic Some psychoanalytically oriented therapists, though certainly not all,


Therapy favour psycho diagnosis. This is partly due to the fact that for a long
time in the United States, psychoanalytic practice was largely limited to
persons trained in medicine. Some of these psycho-dynamically
oriented therapists (Gabbard, 2000) note that in its effort to be theory
neutral, the DSM-IV-TR unfortunately eliminated very useful
terminology linked to a psychoanalytic perspective.

Adlerian Assessment is a basic part of Adlerian therapy. The initial session


Therapy focuses on developing a relationship based on a deeper understanding
of the individualÊs presenting problem. A comprehensive assessment
involves examining the clientÊs lifestyle. The therapist seeks to
ascertain the faulty, self-defeating beliefs and assumptions about self,
others and life that maintain the problematic behavioural patterns the
client brings to therapy.

Existential The main purpose of an existential assessment is to understand the


Therapy personal meanings and assumptions clients use in structuring their
existence. This approach is different from the traditional diagnostic
framework because it focuses on understanding the clientÊs inner world,
not on understanding the individual from an external perspective.

Person- Like existential therapists, person-centred practitioners maintain that


Centred the best vantage point for understanding another person is through
Therapy his or her subjective world. They believe that traditional assessment
and diagnosis are detrimental because they are external ways of
understanding the client.

Gestalt Gestalt therapists gather certain types of information about their


Therapy clientsÊ perceptions to supplement the assessment and diagnostic work
done in the present moment. Gestalt therapists attend to interruptions
in the clientÊs contacting functions and the result is a „functional
diagnosis‰ of how individuals experience satisfaction or blocks in their
relationship with the environment.

Behaviour The behavioural approach begins with a comprehensive assessment of


Therapy the clientÊs present functioning, with questions directed to past
learning which is related to current behaviour. Practitioners with a
behavioural orientation generally favour a diagnostic stance, valuing
observation and other objective means of appraising both a clientÊs
specific symptoms and the factors which have led up to the clientÊs
malfunctioning. Such an appraisal, they argue, enables them to use the
techniques that are appropriate for a particular disorder and to
evaluate the effectiveness of the treatment programme.

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TOPIC 4 ISSUES IN THEORY, PRACTICE AND RESEARCH  61

Cognitive- The assessment used in cognitive-behavioural therapy is based on


Behavioural getting a sense of the clientÊs pattern of thinking using a collaborative
Approaches approach. Once self-defeating beliefs have been identified, the
treatment process involves challenging specific thought patterns and
substituting them with constructive ones.

Reality Reality therapists do not make use of psychological testing and


Therapy traditional diagnosis. Instead, through the use of skilful questioning,
the therapist helps clients make an assessment of their current
behaviour. This informal assessment encourages clients to focus on
what they want from life and to determine whether what they are
doing is working for them.

Source: Case Approach to Counseling and Psychotherapy


(Corey, 2009b as cited in Corey et al., 2010)

4.2.2 Evidence-based Practice: Is Your Practice


Proven Effective?
The need for evidence-based practice has been expressed in the past two decades.
Evidence-based practice refers to a broad category for empirically validated
treatments or sometimes interchangeably known as empirically supported
treatments (Whaley & Davis, 2007).

In mental health professions, the supportive arguments for evidence-based


practice are as follows (Whaley & Davis):

(a) Evidence-based treatments give guidance to better serve patients or clients


seeking care;

(b) Using the scientific approach to evaluate treatment is the best way to
advance knowledge to provide the best mental health services in the future;

(c) It is necessary to use limited mental health resources wisely;

(d) There are treatments which work that most practitioners do not use; and

(e) There may be no better alternative than to use science as the standard for
practice.

These justifications give rise to several ethical concerns such as the provision of
the best treatment possible, the freedom of choice, and the education and training
needed and available in these treatments.

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62  TOPIC 4 ISSUES IN THEORY, PRACTICE AND RESEARCH

4.2.3 Ethical Implications of Practice: Effective


Practice is Ethical Practice
As discussed in Topic 1, some codes of ethics are complemented by a series of
guidelines. These guidelines help to:

(a) Clarify and amplify the application of the general principles and standards
established in the Code; and

(b) Facilitate their interpretation in contemporary areas of professional


practice.

For example, The APS Code of Ethics has 23 specific guidelines (Australian
Psychological Society, 2009) to help psychologists in Australia deliver ethical
practice. The guidelines involved are:

1. For the provision of psychological services for, and the conduct of


psychological research with, the Aboriginal and Torres Strait Islander
people of Australia.
2. For the use of aversive procedures.
3. On confidentiality.
4. On co-ordinated disaster response, pro bono, or voluntary psychological
services.
5. Regarding financial dealings and fair trading.
6. For working with people who pose a high risk of harm to others.
7. On the teaching and use of hypnosis, and related practices.
8. For providing psychological services and products on the internet.
9. For psychological practice with lesbian, gay and bisexual clients.
10. For psychological services involving multiple clients.
11. For the provision of psychological services for, and the conduct of research
with, older adults.
12. For managing professional boundaries and multiple relationships.
13. On the prohibition of sexual relationships with clients.
14. Psychological assessment and the use of psychological tests.

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TOPIC 4 ISSUES IN THEORY, PRACTICE AND RESEARCH  63

15. Relating to procedures/assessment which involve psychologist-client


physical contact.
16. On record keeping.
17. Relating to recovered memories.
18. On reporting child abuse and neglect and criminal activity.
19. For psychological practice in rural and remote settings.
20. Relating to suicidal clients.
21. On supervision.
22. For psychological practice with women.
23. For working with young people.

Unfortunately, no specific guidelines are formulated for use to guide the


Malaysian psychologistsÊ conduct in their professional practices. Perhaps we
should develop our own guidelines, using our own mould, to assist the
professional communities in the fields of psychology and counselling. Out of the
23 guidelines listed above, can you make a list of those which may be culturally
relevant to the needs of Malaysian psychologists and counsellors?

SELF-CHECK 4.2

Discuss the views on the use of assessment and diagnosis based on


three theories of counselling which you feel are culturally relevant to
the Malaysian context.
(a) Why did you choose those theories? Explain.
(b) What is your theoretical stance on the use of assessment and
diagnosis in counselling a depressed housewife from a Malay
cultural background.

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64  TOPIC 4 ISSUES IN THEORY, PRACTICE AND RESEARCH

ACTIVITY 4.3

Locate this journal article:

Haverkamp, B. E. (2005). Ethical perspectives on qualitative research in


applied psychology. Journal of Counseling Psychology, 2(52), 146ă155.

In a group of three to four people, discuss the following questions based


on your understanding of the article.

(a) What ethical issues emerged in qualitative research in the applied


psychology field?

(b) What is a scientist-practitioner perspective on research ethics as


argued by the articleÊs author?

4.3 ISSUES IN RESEARCH


Research is one way to generate, describe, predict or explain knowledge. What is
knowledge? Knowledge can be defined as a body of facts, concepts, theories,
principles, and laws concerning a specific study of the universe ă such as
astronomy, anthropology, biology, chemistry, civil engineering, education,
physics, literature, history, etc. There are several types of knowledge:

 Revealed Knowledge (e.g., knowledge from the Al-Quran).

 Expertise Knowledge (e.g., knowledge from a professor in a field of study).

 Researched Knowledge (e.g., knowledge garnered from empirical studies).

 Mystical Knowledge (e.g., knowledge from superstitious beliefs or myths).

(a) The objects of research include, but are not limited to, people, plants,
animals, water, soil, wind, metals, mind, emotion, attitude, religion,
language, politics, economics, history, leadership, culture and architecture,
among others.

(b) The products of research are as the following:


(i) Thesis;
(ii) Report;
(iii) Journal papers;
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TOPIC 4 ISSUES IN THEORY, PRACTICE AND RESEARCH  65

(iv) Seminar papers;


(v) New applications;
(vi) New innovations; and
(vii) New wisdom.

4.3.1 Ethical Issues


In research, there are five ethical issues involved. These are:

(a) Informed Consent


The ethical standards pertaining to research conduct from the American
Psychological Association (2010) Ethical Principles of Psychologists and
Code of Conduct state that:

8.02 Informed Consent to Research


(a) When obtaining informed consent as required in Standard 3.10
Informed Consent, psychologists inform participants about (1) the
purpose of the research, expected duration, and procedures; (2) their
right to decline to participate and to withdraw from the research once
participation has begun; (3) the foreseeable consequences of declining or
withdrawing; (4) reasonably foreseeable factors that may be expected to
influence their willingness to participate such as potential risks,
discomfort, or adverse effects; (5) any prospective research benefits; (6)
limits of confidentiality; (7) incentives for participation; and (8) whom to
contact for questions about the research and research participants' rights.
They provide opportunity for the prospective participants to ask
questions and receive answers. (See also Standards 8.03, Informed
Consent for Recording Voices and Images in Research; 8.05, Dispensing
with Informed Consent for Research; and 8.07, Deception in Research.)

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66  TOPIC 4 ISSUES IN THEORY, PRACTICE AND RESEARCH

(b) Deception

8.07 Deception in Research


(a) Psychologists do not conduct a study involving deception unless they
have determined that the use of deceptive techniques is justified by the
studyÊs significant prospective scientific, educational, or applied value
and that effective non-deceptive alternative procedures are not feasible.

(c) Withholding Treatment


If you are conducting an experimental study where the clients are divided
into three groups ă treatment, control and placebo ă you have to clearly
acknowledge the process on how you divided them so that the clients from
the placebo and control groups would not make an ethical complaint on the
basis of withholding treatment.

(d) Research with Training and Personal Growth


You need training to carry out ethical research and the research must
contribute to personal growth of humankind.

(e) Cultural Diversity


Each research must embrace cultural diversity. Failure to consider culture
and diversity factors may result in an unethical research.

4.3.2 Ethical Implications of Research: Effective


Research is Ethical Research
In order to conduct effective research, researchers have to do it in an ethical
manner, especially when the research involves human subjects. Two important
questions which frame our discussion on ethical implications of research are:

(a) What are the Main Ethical Issues in Human Subject Research?

(i) The primary concern of the investigator should be the safety of the
research participant;

(ii) The investigator must obtain informed consent from each research
participant;

(iii) The investigator must enumerate how privacy and confidentiality


concerns will be approached;

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TOPIC 4 ISSUES IN THEORY, PRACTICE AND RESEARCH  67

(iv) The investigator must consider how adverse events will be handled;

(v) Investigator should be in a state of „equipoise,‰ that is, if a new


intervention is being tested against the currently accepted treatment,
the investigator should be genuinely uncertain which approach is
superior;

(vi) Autonomy: Obligation on the part of the investigator to respect each


participant as a person capable of making an informed decision
regarding participation in the research study;

(vii) Beneficence: Which refers to the obligation on the part of the


investigator to attempt to maximise benefits for the individual
participant and/or society, while minimising risk of harm to the
individual; and

(viii) Justice: equitable selection of participants.

(b) What are the Components of an Ethically Valid Informed Consent for
Research?

(i) Disclosure: For example, all potential or foreseeable benefits or risks


have been communicated to participants;

(ii) Understanding: Participants have understood the objective, process


and possible outcomes of research before they actually participated in
the research;

(iii) Volunteering: Participation in the research is voluntary and


participants have the right to withdraw from the research at any
stage if they feel the need to do so. No coercion from the investigator
is enforced;

(iv) Competence: The research must be conducted in a professionally


competent manner by considering the participantsÊ cultural
backgrounds and social needs; and

(v) Consent: Consent from participants must be obtained in writing as


proof for agreeing to participate in the specific research.

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68  TOPIC 4 ISSUES IN THEORY, PRACTICE AND RESEARCH

SELF-CHECK 4.3

Discuss three ethical issues in human subject research by referring to


one area in the applied psychology field (counselling psychology,
clinical psychology or organisational psychology). For example:
Informed consent to research, participantsÊ safety and withholding
treatment.

 A theory is based upon a hypothesis and supported by evidence and it


presents a concept or an idea which is testable. It is a fact-based or concept-
based framework for describing a phenomenon.

 The action-oriented application of theories is called practice.

 Research is the result of work carried out with the purpose to generate,
describe, predict, or explain knowledge.

 In research, there are five ethical issues involved: informed consent; deception;
withholding treatment; training and personal growth, and cultural diversity.

Assessment Intervention strategies


Cognitive-behaviourism Model
Competence Multiculturalism
Cultural diversity Practice
Cultural sensitive Psychodiagnosis
Diagnosis Psychodynamism
Ethical research Research
Evidence-based practice Theory
Existentialism-humanism Treatment

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TOPIC 4 ISSUES IN THEORY, PRACTICE AND RESEARCH  69

American Counselling Association. (2005). ACA code of ethics. Retrieved from


www.counseling.org/Resources/CodeOfEthics/TP/Home/CT2. aspx

American Psychological (2010). APA ethical principles of


Association.
psychologists and code of conduct. Retrieved from http://www.apa.org/
ethics/code/index.aspx

Australian Psychological Society. (2007). APS code of ethics. Retrieved from


http://www.psychology.org.au/Assets/Files/Code_Ethics_2007.pdf

Australian Psychological Society. (2009). Ethical guidelines (9th ed.). Melbourne,


Australia: The Australian Psychological Society.

Corey, G., Corey, M. S., & Callanan, P. (2010). Issues and ethics in the helping
professions (8th ed.). Belmont, CA: Brooks/Cole.

Haverkamp, B. E. (2005). Ethical perspectives on qualitative research in applied


psychology. Journal of Counseling Psychology, 2(52), 146ă155.

Whaley, A. L., & Davis, K. E. (2007). Cultural competence and evidence-based


practice in mental health services: A complementary perspective. American
Psychologist, 62(6), 563ă574.

Vasquez, M. (2007). Cultural difference and the therapeutic alliance: An


evidence-based analysis. American Psychologist, 62(8), 878ă885.

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Topic  Client Rights
5 and
Psychologist
Responsibility
LEARNING OUTCOMES
By the end of this topic, you should be able to:
1. Describe clientsÊ rights to give informed consent based on at least two
codes of ethics;
2. Explain psychologistsÊ legal and ethical responsibilities regarding
informed consent;
3. Examine the notion of informed consent;
4. Explain psychologistsÊ legal and ethical responsibilities regarding
record keeping;
5. Discuss ethical issues, advantages and disadvantages of online
counselling; and
6. Examine the reasons for malpractice suits.

 INTRODUCTION
In mental health professions, professionals have a legal and ethical responsibility
to provide effective services to clients. However, how do we differentiate
between a legal and ethical responsibility? This reminds me of an example that I
normally use in my counselling class when I taught students about professional
issues and ethics in counselling and psychology.

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TOPIC 5 CLIENT RIGHTS AND PSYCHOLOGIST RESPONSIBILITY  71

Having a legal responsibility refers to obeying traffic rules at all times. For
example, at 3am, we automatically stop our cars when we see the red light, even
though there is no other road user at that time. However, being ethical means
that we choose to continue driving at that point in time with clear knowledge, or
conscience, that there is nobody around who might be harmed based on our
action (non-maleficence, which is avoiding doing harm). So, the business of
trying to be ethical and legal at all times is quite tricky and can be a risky
venture. Therefore, professionals have to know their responsibilities and the
rights of clients before providing services to clients.

In this topic, we deal with two important issues:

(a) Educating clients about their rights and responsibilities; and

(b) Understanding legal parameters which govern professional practice


(avoiding malpractice law suits and making sure that their clientsÊ rights
are protected).

Special focus is directed to the role and content of informed consent and the
consequences of professionalsÊ failure to provide sufficient informed consent. As
online counselling continues to grow in popularity, we will discuss some ethical
issues in, and the advantages and disadvantages of, online counselling.

ACTIVITY 5.1

In small groups of three or four, create a document on „informed


consent‰. What does your group think of the following issues?
(a) The purposes of the document; and
(b) Clients must be told before or during counselling.

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72  TOPIC 5 CLIENT RIGHTS AND PSYCHOLOGIST RESPONSIBILITY

5.1 CLIENT RIGHTS

The primary responsibility of counsellors is to respect the dignity and to


promote the welfare of clients.

(American Counseling Association, 2005)

In the helping professions such as counselling, clients become the primary


concern of counsellors because without them, there would be no counselling
relationship or process. Therefore, in the counselling profession, the clients have
rights. The most important clientsÊ rights documented in most codes of ethics is
their right to give informed consent. Therefore, counsellors have an ethical
responsibility to inform, educate and document the clientÊs right to informed
consent.

5.1.1 Informed Consent


The term informed consent refers to the clientsÊ right to be informed about their
counselling or psychotherapy and to make autonomous decisions pertaining to it
(Corey et al., 2010). Informed consent is a legal and also an ethical concept
because its implementation has both legal and ethical implications for practice
and training. Therefore, an informed consent document is a critical blueprint and
its importance implies that the content of, and process of educating about
informed consent, are part of the counsellorsÊ primary responsibilities in a
counselling relationship.

Several codes of ethics have documented the rights of clients and informed
consent (see Table 5.1).

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TOPIC 5 CLIENT RIGHTS AND PSYCHOLOGIST RESPONSIBILITY  73

Table 5.1: Selected Extracts from Various Codes of Ethics


on the Rights of Clients and Informed Consent

Sources/Codes Extracts of Codes

American 10.01 Informed Consent to Therapy


Psychological
Association (a) When obtaining informed consent to therapy as required in
(2010) Standard 3.10 Informed Consent, psychologists inform clients/
patients as early as is feasible in the therapeutic relationship
about the nature and anticipated course of therapy, fees,
involvement of third parties and limits of confidentiality and
provide sufficient opportunity for the client/patient to ask
questions and receive answers. (See also Standards 4.02
Discussing the Limits of Confidentiality, and 6.04 Fees and
Financial Arrangements.)

(b) When obtaining informed consent for treatment for which


generally recognised techniques and procedures have not been
established, psychologists inform their clients/patients of the
developing nature of the treatment, the potential risks involved,
alternative treatments which may be available, and the
voluntary nature of their participation. (See also Standards 2.01e
Boundaries of Competence, and 3.10 Informed Consent.)

(c) When the therapist is a trainee and the legal responsibility for
the treatment provided resides with the supervisor, the client/
patient, as part of the informed consent procedure, is informed
that the therapist is under training and is being supervised, and
is given the name of the supervisor.

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74  TOPIC 5 CLIENT RIGHTS AND PSYCHOLOGIST RESPONSIBILITY

Australian A.3.1. Psychologists fully inform clients regarding the psychological


Psychological services they intend to provide, unless an explicit exception has been
Society (2007) agreed upon in advance, or it is not reasonably possible to obtain
informed consent.

A.3.2. Psychologists provide information using plain language.

A.3.3. Psychologists ensure consent is informed by:


(a) Explaining the nature and purpose of the procedures they
intend to use;
(b) Clarifying the foreseeable risks, adverse effects and possible
disadvantages of the procedures they intend using;

(c) Explaining how information will be collected and recorded;


(d) Explaining how, where, and for how long, information will be
stored, and who will have access to the stored information;

(e) Advising clients that they may participate, may decline to


participate, or may withdraw from methods or procedures
proposed to them;

(f) Explaining to clients what the reasonably foreseeable


consequences would be if they decline to participate or
withdraw from the proposed procedures;

(g) Clarifying the frequency, expected duration, financial and


administrative basis of any psychological services which will be
provided;

(h) Explaining confidentiality and limits to confidentiality (see


Standard A.5.);
(i) Making clear, where necessary, the conditions under which
psychological services may be terminated; and

(j) Providing any other relevant information.

Lembaga A.8. Counsellors must explain to clients any issues pertaining to


Kaunselor counselling needs, process and service implications.
(1999)
A.9. Counsellors must obtain consent regarding confidentiality limits
Counsellor from clients at the beginning of a counselling session.
Code of Ethics
(1994, 1999) A.10. Mutual consent pertaining to confidentiality between a
counsellor and client can be reviewed and changed with consent
from both.

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TOPIC 5 CLIENT RIGHTS AND PSYCHOLOGIST RESPONSIBILITY  75

American A.2.a. Clients have the freedom to choose whether to enter into or
Counselling remain in a counselling relationship and need adequate information
Association about the counselling process and the counsellor. Counsellors have
(2005) an obligation to review in writing and verbally with clients the rights
and responsibilities of both the counsellor and the client. Informed
consent is an ongoing part of the counselling process and counsellors
appropriately document discussions of informed consent throughout
the counselling relationship.
A.2.b. Counsellors explicitly address to clients the nature of all
services provided. They inform clients about issues such as, but not
limited to, the purposes, goals, techniques, procedures, limitations,
potential risks, and benefits of services; the counsellorÊs
qualifications, credentials and relevant experience; continuation of
services upon the incapacitation or death of a counsellor; and other
pertinent information. Counsellors take steps to ensure that clients
understand the implications of diagnosis, the intended use of tests
and reports, fees and billing arrangements. Clients have the right to
confidentiality and to be provided with an explanation of its
limitations, including how supervisors and/or treatment team
professionals are involved; to obtain clear information of their
records; to participate in the ongoing counselling plans; and to refuse
any services or modality change, and to be advised of the
consequences of such refusal.

Source: Corey et al. (2010); www.apa.org;


www.psychology.org.au; www.eghrmis.gov.my

Based on the information from Table 5.1 and Corey et al. (2010), a checklist for
informed consent can be generated. The checklist includes the following elements:

(a) Voluntary participation;


(b) Client involvement;
(c) Counsellor involvement;
(d) No guarantees;
(e) Risks associated with counselling;
(f) Confidentiality and privilege;
(g) Exceptions to confidentiality and privilege;
(h) Counselling approach or theory;
(i) Counselling and financial records;
(j) Ethical guidelines;
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76  TOPIC 5 CLIENT RIGHTS AND PSYCHOLOGIST RESPONSIBILITY

(k) Licensing regulations;


(l) Credentials;
(m) Fees and charges;
(n) Insurance reimbursement;
(o) Responsibility for payment;
(p) Disputes and complaints;
(q) Cancellation policy;
(r) Affiliation membership;
(s) Supervisory relationship; and
(t) Colleague consultation.

5.1.2 Legal and Ethical Issues Regarding Informed


Consent
The legal dimension of informed consent requires that the clients:

(a) Understand the information presented;


(b) Give consent voluntarily (without coercion); and
(c) Are competent to give consent to treatment.

Therefore, the counsellors have a legal responsibility to:

(a) Give clients information in a clear way using plain language in a culturally
sensitive manner; and
(b) Check to see that they, including those with minors and impaired cognitive
functioning, understand it.

The counsellors also have an ethical responsibility to:

(a) Prepare an informed consent document accordingly; and


(b) Educate clients about informed consent.

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TOPIC 5 CLIENT RIGHTS AND PSYCHOLOGIST RESPONSIBILITY  77

In preparing and educating clients about the informed consent document,


counsellors and other mental health professionals should discuss the following
content as recommended by Corey et al. (2010). The content of informed consent
comprises:

(a) The therapeutic process (e.g., what are the goals of the therapeutic
process?)

(b) Background of therapist (e.g., what information about the counsellorÊs


values should be provided in the informed consent document so that
clients can choose whether they want to enter a professional relationship
with this counsellor?)

(c) Costs involved in therapy (e.g., what are the financial considerations?)

(d) The length of therapy and termination (e.g., to what extent can the duration
of therapy be predicted?)

(e) Consultation and termination (e.g., what are the follow-up measures
available for clients?)

(f) Consultation with colleagues (e.g., under what conditions can the clientÊs
case be discussed with colleagues?)

(g) Interruptions in therapy (e.g., has the counsellorÊs planned vacation been
included when scheduling the therapy sessions?)

(h) ClientsÊ right of access to their files (e.g., what information can clients
access from their files?)

(i) Rights pertaining to diagnostic labelling.

(j) The nature and purpose of confidentiality (e.g., what are the limitations of
confidentiality?)

(k) Benefits and risks of treatment (e.g., what are the risks and benefits of
therapy?)

(l) Alternative to traditional therapy (e.g., what are other emerging therapies
available for the client?)

(m) Tape-recording or videotaping sessions (e.g., what are the purposes of


tape-recording or video-taping sessions?)

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78  TOPIC 5 CLIENT RIGHTS AND PSYCHOLOGIST RESPONSIBILITY

Now, let us study the following case scenario to check our understanding
regarding informed consent.

Teen Pregnancy Case


Sheila Abdul is a 13-year-old who just found out that she is pregnant. She begs
the counsellor not to tell her parents. She also expresses her intention to keep
her baby.

In this situation:

(a) What are the rights of the client?


(b) What rights do the parents have for access to certain information?
(c) What ethical and legal issues are involved in this case?
(d) What role would parental consent laws play in this case?
(e) What kind of informed consent process would you implement if you were
counselling this teenage client?

This case seems quite tough in view of the cultural background of the client. So,
how would you deal with this case knowing that the socio-political dynamics
among Malaysians are complex and can pose some challenges to your
professional practice?

SELF-CHECK 5.1

Discuss the legal and ethical issues regarding clientÊs right to informed
consent.

(a) What are a pychologistÊs responsibilities regarding informed


consent?

(b) How can you ethically educate clients regarding informed consent?

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TOPIC 5 CLIENT RIGHTS AND PSYCHOLOGIST RESPONSIBILITY  79

ACTIVITY 5.2

Spend a couple of evenings interviewing at least two practising


counsellors about some of their most pressing legal and ethical concerns
in carrying out their responsibilities. Make notes of the following:

(a) How have they dealt with critical issues?


(b) What are some of their legal considerations?
(c) What are their concerns, if any, about malpractice suits?

5.2 PSYCHOLOGIST RESPONSIBILITIES


Professionals have many responsibilities. For example, Malaysian professional
counsellors have four types of responsibilities as documented in the PERKAMA
Code of Ethics (1994). These include:

(a) Counsellor responsibilities towards clients;


(b) Counsellor responsibilities towards professional peers;
(c) Counsellor responsibilities towards community; and
(d) Counsellor responsibilities towards organisation and employers.

Details of these responsibilities can be found from the following website:


http://www.eghrmis.gov.my/wp_content2/polisihr/kodetika/kodetika.htm

When it comes to psychological practice, most professional psychologists have


certain responsibilities. For example, the APS Code of Ethics (2007, p. 20) clearly
states professional responsibility (B.3.) to include the following:

(a) Act with the care and skill expected of a competent psychologist;

(b) Take responsibility for the reasonably foreseeable consequences of their


conduct;

(c) Take reasonable steps to prevent harm occuring as a result of their conduct;

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80  TOPIC 5 CLIENT RIGHTS AND PSYCHOLOGIST RESPONSIBILITY

(d) Provide psychological service only for the period when those services are
necessary to the client;

(e) Personally responsible for the professional decisions they make;

(f) Take reasonable steps to ensure that their services and products are used
appropriately and responsibly;

(g) Are aware of, and take steps to establish and maintain proper professional
boundaries with clients and colleagues; and

(h) Regularly review the contractual arrangements with clients and, where
circumstances change, make relevant modifications as necessary with the
informed consent of the client.

The APS Code of Ethics also outlined ten core responsibilities of psychologists
regarding informed consent. These include explaining the nature and purpose of
the procedures they intend using; clarifying the foreseeable risks, adverse effects,
and possible disadvantages of the procedures they intend using; and explaining
how information will be collected and recorded (refer to suptopic 5.1.1. for
details).

Similarly, other codes of ethics also emphasise psychologistsÊ responsibilities.


The common theme that emerge from reviewing these codes lies in record
keeping. We will now discuss the psychologistsÊ responsibility to record keeping.

5.2.1 Record Keeping


According to the APA Ethical Principles of Psychologists and Code of Conduct,
6.01 Documentation of Professional and Scientific Work and Maintenance of
Records:

Psychologists create, and to the extent the records are under their control,
maintain, disseminate, store, retain, and dispose of records and data relating
to their professional and scientific work in order to (1) facilitate provision of
services later by them or by other professionals, (2) allow for replication of
research design and analyses, (3) meet institutional requirements, (4) ensure
accuracy of billing and payments, and (5) ensure compliance with law.
(See also Standard 4.01, Maintaining Confidentiality.)

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TOPIC 5 CLIENT RIGHTS AND PSYCHOLOGIST RESPONSIBILITY  81

Record keeping is a critical aspect in any professional relationship. In


counselling, counsellors are encouraged to keep adequate records on their clients
and case development with the purposes of:

(a) Providing effective and ethical services for clients;

(b) Enhancing continuing practices by the counsellor or by other professionals


(in the case of referral); and

(c) Providing evidence regarding the history, development, quality of service


provided, payment, and professional contacts and exchanges.

The need to keep adequate records on clients can be understood from several
perspectives, namely:

(a) A clinical perspective: record keeping helps to detect changes in clients and
evaluate practice after each session or after case termination;

(b) A legal perspective: records can be valuable evidence for defence against
malpractice suits; and

(c) An ethical perspective: record keeping improves practice and ensures the
standard of care has been successfully met.

As keeping records are important, counsellors and other mental health


professionals have to know what aspects of a professional contact need to be
documented. In this regard, the APA had issued detailed information as
guidelines for keeping adequate records (APA, 2007). In particular, the article
emphasises three kinds of information that need to be included in the record of
psychological services (refer to APA, 2007, p. 996 for details):

(a) Information in the clientÊs file: e.g., client name, ID and contact details;

(b) Information for each professional contact with a client: e.g., date of service
and duration of session; and

(c) Other specific information depending on the circumstances: e.g., client


responses or reactions to professional inerventions.

In addition, there are numerous textbooks that can be used to help you identify
the characteristics and content of good record keeping. For example, Luepker
(2003) is recommended for further reading and understanding of this topic.

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82  TOPIC 5 CLIENT RIGHTS AND PSYCHOLOGIST RESPONSIBILITY

5.2.2 Ethical Issues in Online Counselling


One of the most debated topics in the counselling profession is the use of online
counselling and the many forms of service delivery via the Internet. These
emerging methods for therapy raise several key ethical issues because such
methods have both potential benefits and risks. So, how do practitioners
maintain their primary duty to:

(a) Consider the best interests of the client?


(b) Strive to do no harm? and
(c) Adhere to legal requirements?

Developed countries such as the US and Australia have prepared specific


guidelines to assist psychologists who intend to provide psychological services
via the Internet. For example, the Australian Psychological Society have
developed specific guidelines to ensure standard ethical practices are met by
professional psychologists in Australia (APS, 2009). The ACA (2005) Ethics Code
states that counsellors are expected to inform clients of the benefits and
limitations of using technology in the counselling process (A.12). This highlights
psychologistsÊ responsibility to know the advantages and disadvantages of
online counselling.

Corey et al. (2010) listed some advantages and disadvantages of online


counselling, as summarised in Table 5.2.

Table 5.2: Advantages and Disadvantages of Online Counselling

Advantages Disadvantages
 Brief, convenient, and anonymous  Inaccurate diagnosis or ineffective
therapy service. treatment may happen.
 More accessible especially for  Confidentiality and privacy cannot be
disabled clients. guaranteed.
 More appealing to clients who prefer  Transference and counter-transference
a problem-solving approach. issues are difficult to address.
 More comfortable environment for  Difficult to develop an effective
highly anxious clients. therapeutic working alliance.
 Enhances record keeping.  Not suitable for crisis counselling with
suicidal/extreme anxiety clients.
 Accessible to rural area clients.

Source: Corey et al., 2010, p. 183

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TOPIC 5 CLIENT RIGHTS AND PSYCHOLOGIST RESPONSIBILITY  83

There are also numerous studies conducted to examine the perceptions and
experiences of professionals regarding the use of online counselling. For
example, Bambling (2008) explores the experience of 26 online Kids Help Line
(KHL) counsellors providing synchronous single-session counselling to young
people. Findings reported the main benefit of the online environment to be
emotional safety (due to reduced client emotional proximity to the counsellor)
and the main disadvantage to be that reduced emotional proximity and the
absence of non-verbal cues could result in communication problems and
difficulty in accurately assessing young people's concerns.

5.2.3 Malpractice: Practitioners’ Liability and Reasons


for Malpractice Suits
What is „malpractice‰? The term malpractice generally means bad practice.
Corey et al. (2010) defined malpractice as „the failure to render professional
services or to exercise the degree of skill which is ordinarily expected of other
professionals in a similar situation‰ (p. 195). The concept of malpractice has legal
implications for practitioners because it involves four elements of professional
negligence:

(a) Duty
Have both the counsellor and client agreed to be involved in a therapeutic
relationship?

(b) Breach of Duty


Has the counsellor failed to provide the appropriate standard of care or to
practise quality client care?

(c) Injury
Has the client been suffering from any injuries or damages in some way
(physically, relationally, psychologically) such as death (e.g., suicide), loss
(e.g., divorce), and pain and suffering?

(d) Causation
Is the counsellorÊs breach of duty the cause of the clientÊs injury?

The above four elements are the required ingredients to be successful in a


malpractice claim.

In constrast, malpractice liability refers to practical safeguard against being


involved in a lawsuit (Corey et al., 2010). Mathematically speaking, the more we
try to be careful and ethical in our professional practice, the more likely that we
will be unsuccessfully sued. To understand the practice implications for

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84  TOPIC 5 CLIENT RIGHTS AND PSYCHOLOGIST RESPONSIBILITY

malpractice liability, let us consider the case of suicide. Dealing with suicidal
clients is one of the many crisis interventions needed to effectively provide
services to specialised clients. In this case, there are two factors which determine
a counsellorÊs liability:

(a) Foreseeability
Has the counsellor comprehensively assessed the level of risk and
systematically documented the risk assessment procedure?

(b) Reasonable Care


Has the counsellor documented appropriate precautions to prevent a
clientÊs suicide?

Normally, failure to be aware of the range of professional responsibilities and


take necessary actions to safeguard our professional practice would increase the
possibility of being sued. Therefore, professionals are expected to have and
demonstrate the knowledge, skill and judgement similar to other members of
their profession. In order to understand more regarding the topic of malpractice,
let us examine the potential reasons for malpractice suits.

Corey et al. (2010) have documented several reasons for malpractice suits and
these can be summarised as follows:

(a) Failure to obtain or document informed consent.


(b) Client abandonment.
(c) Marked departures from established therapeutic practices.
(d) Practising beyond the scope of competency.
(e) Misdiagnosis.
(f) Crisis intervention.
(g) Repressed or false memory.
(h) Unhealthy transference relationship.
(i) Sexual abuse of client.
(j) Failure to control a dangerous client.
(k) Managed care and malpractice.

Bennett (1990, as cited in Corey et al., 2010) recommend some useful steps to
follow in the event of professionals being sued. This eight-step course of action in
a malpractice suit is listed and summarised in Figure 5.1.

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TOPIC 5 CLIENT RIGHTS AND PSYCHOLOGIST RESPONSIBILITY  85

Figure 5.1: Course of action in a Malpractice suit


Source: Bennett et al., 1990 as cited in Corey et al., 2010

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86  TOPIC 5 CLIENT RIGHTS AND PSYCHOLOGIST RESPONSIBILITY

SELF-CHECK 5.2

Keeping good records is one of the primary duties of a professional


counsellor.

(a) What are the purposes of record keeping from a clinical, legal,
and ethical perspective?

(b) What information needs to be included in records?

(c) What are the legal and ethical implications for not keeping good
records?

 The most important clientsÊ rights documented in most codes of ethics is


their right to give informed consent.

 The legal dimension of informed consent requires that the clients:


understand the information presented; give consent voluntarily; and are
competent to give consent to treatment.

 The responsibility of psychologists includes responsibilty towards clients,


professional peers, the community, and organisations and its employers.

 Informed consent is a legal and also an ethical concept because its


implementation has both legal and ethical implications for practice and
training.

 An informed consent document is a critical blueprint and its importance


implies that the content of, and process of educating about informed consent,
are part of the counsellorsÊ primary responsibilities in a counselling
relationship.

 The term malpractice generally means bad practice.

 The concept of malpractice has legal implications for practitioners because it


involves four elements of professional negligence: causation, duty, breach of
duty and injury.

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TOPIC 5 CLIENT RIGHTS AND PSYCHOLOGIST RESPONSIBILITY  87

Breach of duty Lawsuit


Client rights Liability
Confidentiality Malpractice
Crisis intervention Professional relationship
Foreseeability Professional responsibilities
Foreseeable benefits Reasonable care
Foreseeable risks Record keeping
Informed consent Suicidal clients

American Counselling Association. (2005). ACA code of ethics. Retrieved from


www.counseling.org/Resources/CodeOfEthics/TP/Home/CT2.aspx

American Psychological Association. (2010). APA ethical principles of


psychologists and code of conduct. Retrieved from http://www.apa.org/
ethics/code/index.aspx

Australian Psychological Society. (2007). APS code of ethics. Retrieved from


http://www.psychology.org.au/Assets/Files/Code_Ethics_2007.pdf

Australian Psychological Society. (2009). Ethical guidelines (9th ed.). Melbourne,


Australia: The Australian Psychological Society.

Bambling, M., King, R., Reid, W., & Wegner, K. (2008). Online counselling: The
experience of counsellors providing synchronous single-session counselling
to young people. Counselling and Psychotherapy Research, 8(2), 110ă116.

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88  TOPIC 5 CLIENT RIGHTS AND PSYCHOLOGIST RESPONSIBILITY

Corey, G., Corey, M. S., & Callanan, P. (2010). Issues and ethics in the helping
professions (8th ed.). Belmont, CA: Brooks/Cole.

Lembaga Kaunselor. (1999). Kod etika kaunselor. Kuala Lumpur, Malaysia:


Percetakan Lembaga Kaunselor.

Luepker, E. T. (2003). Record keeping in psychotherapy and counseling:


Protecting confidentiality and the professional relationship. East Sussex,
England: Brunner-Routledge (Taylor & Francis Book).

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Topic  Confidentiality:
Ethics and
6 Legal Issues
LEARNING OUTCOMES
By the end of this topic, you should be able to:
1. Define the term „confidentiality‰ from an ethical and a legal
perspective;
2. Explain a clientÊs right to confidentiality;
3. Explain the limits of confidentiality;
4. Apply ethical practice models for protecting confidentiality rights of
clients;
5. Employ some proposed guidelines to address confidentiality in
hypothetical cases; and
6. Prepare your own course of action for dealing with crisis cases.

 INTRODUCTION
Believe it or not, confidentiality is the most difficult topic to put into practice.
Why? Can you think of one reason? For example, in the practice of counselling,
confidentiality has to be treated seriously because it indicates respect for the
rights and dignity of people. Therefore, professionals have a legal and ethical
responsibility to maintain confidentiality and discuss the limits of confidentiality.
This explains why most mental health professions provide specific ethical
standards for confidentiality. For example, the APA Ethical Principles of
Psychologists and Code of Conduct (2010) provides seven explanatory
statements or ethical guidelines regarding privacy and confidentiality standard
(Standard 4). These are in terms of:

(a) Maintaining confidentiality;


(b) Discussing the limits of confidentiality;
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90  TOPIC 6 CONFIDENTIALITY: ETHICS AND LEGAL ISSUES

(c) Recording;
(d) Minimising intrusions on privacy;
(e) Disclosures;
(f) Consultations; and
(g) Use of confidential information for didactic or other purposes.

This topic discusses in detail ethical principles and legal issues of confidentiality
by drawing on examples from counselling encounters. The term confidentiality
will be defined first followed by a discussion on confidentiality as an ethical
principle based on hypothetical counselling cases. Then, this topic looks at issues
on confidentiality from legal perspectives. It is envisioned that the completion of
this topic will contribute to better understanding and practice of counselling and
psychotherapy.

ACTIVITY 6.1

During your next tutorial meeting, pair up with a coursemate and discuss
the following scenario. As you discuss, try to come up with a dialogue
which could portray the scenario. Based on the dialogue, role play the
situation. Your tutor may ask you to share with the rest of the class.

Scenario
Imagine that you are a counsellor in the OUM student services
department. You have been counselling Maria for several months for a
variety of problems related to her marriage, study commitment and
financial constraints. One evening, you join a close friend at a local café
for a light meal and a coffee. You are surprised when the waitress
comes up to you and says hello. You look up and realise it is Maria. You
chat briefly with Maria who then takes your order and goes off to serve
other customers. Maria has not mentioned counselling or any aspect of
the professional relationship. Your friend then asks who Maria is and
how you know her.

(a) Would you introduce Maria to your close friend? Why and why
not?
(b) How would you answer your friendÊs questions?
(c) If Maria begins including some comments based on your previous
counselling session with her during the brief chat, what will you
do?

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TOPIC 6 CONFIDENTIALITY: ETHICS AND LEGAL ISSUES  91

6.1 UNDERSTANDING CONFIDENTIALITY


Confidentiality is an ethical concept that has legal ramifications. The term
confidentiality can be generally defined as keeping secrets or avoiding disclosure
of significant information.

6.1.1 From an Ethical Perspective


In counselling and psychotherapy, the ethical principle of confidentiality requires
information shared by the client with the therapist in the course of treatment or
the provision of psychological services is not shared with others. This is
important for developing trust in the client-counsellor relationship. For example,
the APS Code of Ethics (2007) clearly states that:

A.5.1. Psychologists safeguard the confidentiality of information obtained during


their provision of psychological services. Considering their legal and
organisational requirements, psychologists:

(a) Make provisions for maintaining confidentiality in the collection, recording,


accessing, storage, dissemination and disposal of information; and

(b) Take reasonable steps to protect the confidentiality of information after they
leave a specific work setting, or cease to provide psychological services.

This means that maintaining confidentiality is the first primary duty of practising
professionals such as counsellors or clinical psychologists. However, there are
important exceptions to confidentiality, namely where it conflicts with the
therapist's duty to warn or duty to protect. This includes cases of suicidal
behaviour or homicidal plans, domestic violence and abuse (e.g., child abuse,
abuse of senior citizens or dependent adults), and HIV positive cases. The duty to
protect potential victims involves three specific responsibilities and these are:

(a) Identify clients who are likely to do physical harm to third parties;
(b) Protect third parties from clients judged to be potentially dangerous; and
(c) Treat those clients who are dangerous.

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These ethical guidelines are consistent with the American Counselling


Association (2005) Code of Ethics on confidentiality in clinical practice, which
states:

At initiation and throughout the counselling process, the counsellor informs


clients of the limitations of confidentiality and identify foreseeable situations
in which confidentiality must be breached (B.1.d.).

Corey et al. (2010) discuss the limits of confidentiality and these include the
following:

(a) When clerical assistants handle confidential information.


(b) When counsellor consults.
(c) When counsellor is being supervised.
(d) When client has given consent.
(e) When client poses danger to self and others.
(f) When client discloses intention to commit a crime.
(g) When counsellor suspects abuse or neglect of a child or vulnerable adult.
(h) When a court orders counsellor to make records available.

6.1.2 From a Legal Perspective


Practitioners also have a legal responsibility and professional duty to safeguard
clients from unauthorised disclosures of information except when authorised by
law or by the client to do so. Legally, this carries two important information:

(a) Confidentiality is a clientÊs right; and


(b) Counsellors and psychotherapists may legally and ethically breach
confidentiality if the client requests they do so.

However, cases become challenging when third parties demand counsellors or


psychotherapists to disclose confidential information that clients do not want
released (Corey et al., 2010). In the US context, there are court cases that reaffirm
the basic principles of privileged communication. According to Corey
et al. (2010), privileged communication is a legal concept that generally bars the
disclosure of confidential communications in a legal proceeding. This means that

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TOPIC 6 CONFIDENTIALITY: ETHICS AND LEGAL ISSUES  93

privileged communication is a clientÊs right and it is meant for the


clientÊs protection rather than for protecting counsellors or psychotherapists. The
Jaffee v. Redmond (1996) case reaffirmed that communication between licensed
psychotherapists and their clients is privileged and therefore protected from
forced disclosure in cases arising under federal law.

Similarly, there are other legal precedents regarding professionalsÊ duty to warn
and these can be summarised as follows:

(a) The Tarasoff Case reaffirmed two legal responsibilities:


(i) Duty to warn of harm to self or others; and
(ii) Duty to protect.

(b) The Bradley Case reaffirmed psychotherapistsÊ duty not to negligently


release a dangerous client.

(c) The Hedlund Case extends duty to warn anyone who might be near the
intended victim and who might also be in danger.

When practitioners neglect their legal-ethical duties, they are liable for civil
damages. This negligence can be understood from four perspectives:

(a) Failing to diagnose or predict dangerousness;


(b) Failing to warn potential victims of violent behaviour;
(c) Failing to commit dangerous individuals; and
(d) Prematurely discharging dangerous clients from a hospital.

SELF-CHECK 6.1

How would you define „confidentiality‰ from the following two


perspectives?
(a) An ethical perspective; and
(b) A legal perspective.

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ACTIVITY 6.2

Based on FisherÊs (2008) ethical practice model for protecting


confidentiality rights of clients, discuss ways in which you can prepare
clients for issues pertaining to confidentiality. How can you teach
clients about the purposes of confidentiality and legal restrictions on it?
Examine how you would do this in various situations:
(a) Counselling a university student
(b) Counselling a housewife on domestic violence
(c) Counselling a suicidal client

6.2 IMPLEMENTING CONFIDENTIALITY IN


CLINICAL PRACTICE: GUIDELINES AND
RECOMMENDATIONS
In view of the importance to maintain and protect clientsÊ right to confidentiality,
there are various ethical practice models proposed in the literature to help
practitioners implement their own course of actions regarding confidentiality.
However, in this subtopic, we are going to discuss two practice models: FisherÊs
(2008) model, which is based on an ethical perspective of confidentiality and
Corey et al.Ês (2010) model for implementing duty to warn requirements, which
operates from a legal perspective of confidentiality.

6.2.1 From an Ethical Perspective: Fisher’s (2008)


Model
Fisher (2008) has designed a six-step ethical practice model. The six steps are
presented in Figure 6.1.

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TOPIC 6 CONFIDENTIALITY: ETHICS AND LEGAL ISSUES  95

Figure 6.1: The six-step ethical practice model for protecting confidentiality rights
Source: Fisher (2008)

FisherÊs (2008) model can help practitioners to implement confidentiality in a


clinical practice more effectively. To translate our understanding of this model
into practice, let us examine the following hypothetical case.

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96  TOPIC 6 CONFIDENTIALITY: ETHICS AND LEGAL ISSUES

The Case of Meena (Stage 1)


Meena, 16 years old, is sent to Dharma, a counsellor, by her parents. During
the first session, Dharma sees Meena and her parents together. He tells the
parents in her presence that what he and Meena discuss will be confidential
and he will not disclose information acquired through the sessions without
her permission. The parents seem to understand that confidentiality is
necessary for trust to develop between their daughter and her counsellor.

At first, Meena is reluctant to come in for counselling. Eventually, as the


sessions go on, she discloses that she has thoughts about killing herself.
MeenaÊs parents know nothing about her suicidal tendencies because she has
never told them or anyone else about it. The counsellor listens to anecdote
after anecdote about MeenaÊs boyfriend, whom her parents dislike, how her
parents have arranged for her marriage with her distant cousin and about a
few suicidal plans she has thought of but not attempted.

So, personally, what do you think about this case? Is it tough? As a professional,
are you comfortable in handling such a case? Have you anticipated that you will
be dealing with a client with suicidal tendencies?

In counselling and psychotherapy, the case of Meena is categorised as crisis


counselling because there are serious ethical and legal ramifications of
confidentiality involved. As professional counsellors, we have to always be
prepared to deal with any kind of clients, including those who are highly
suicidal. Now, let us try to apply FisherÊs (2008) model into practice, particularly
the first three steps.

Step 1: Preparation

(a) Homework: What do the codes of ethics say? The ACA Code of Ethics
(2005) clearly states that:

B.2.a. The general requirement that counsellors keep information


confidential does not apply when disclosure is required to protect clients or
others from serious and foreseeable harm or when legal requirements
demand that confidential information must be revealed. Counsellors
consult with other professionals when in doubt as to the validity of an
exception. Additional considerations apply when addressing end-of-life
issues (see A.9.c.).

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TOPIC 6 CONFIDENTIALITY: ETHICS AND LEGAL ISSUES  97

(b) What are your personal cultural values on suicide?

(c) Draft an informed consent document to describe confidentiality and its


limits in clear language. Refer to this website for several samples of
informed consent document: http://kspope.com/consent/index.php. In
particular, this one: http://www.centerforethicalpractice.org/ethical-legal-
resources/practice-resources/sample-handouts/adolescent-consent-form/.

Step 2: Tell Clients the Truth „Up Front‰


This is the part where you need to demonstrate your professionalism in practice.
You must educate the client regarding the limits of confidentiality and make sure
he/she understands these limits and accepts them as a condition before
commencing therapeutic relationship with you.

Step 3: Obtain Truly Informed Consent Before Making a Disclosure


Once the client has understood the importance of confidentiality and its limit,
make sure he/she signs the informed consent document as proof before making
disclosures (only if legally unavoidable).

Now, let us move on to another model or set of guidelines concerning


confidentiality in a clinical practice: CoreyÊs (2010) model for implementing duty
to warn requirements.

6.2.2 From a Legal Perspective: Corey’s Model


It is generally known that mental health professionals have a dual professional
responsibility:

(a) To protect other people from potentially dangerous clients (public safety);
and
(b) To protect clients from themselves (client privacy and safety).

So, how to balance client confidentiality and public safety in an ethically


competent manner? This is a major ethical challenge faced by many mental
health professionals around the world.

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A model (Corey et al., 2010) which provides general guidelines for implementing
duty to warn requirements has eight steps as explained below:

(a) Get informed consent;


(b) Plan ahead through consultation;
(c) Develop contingency plans;
(d) Obtain professional liability insurance;
(e) Involve the client;
(f) Obtain a detailed history;
(g) Document in writing; and
(h) Implement procedures to warn.

Professionals have a duty to warn and protect clients or others from the
eventuality of a dangerous client or a suicidal client. To be prepared for any
eventuality, especially in cases involving these two kinds of clients (violent or
suicidal clients), the following specific guidelines can be very helpful (Corey et
al., 2010):

(a) Examine informed consent document in terms of clarity.

(b) Obtain contact details of the legal counsel of your professional


organisation.

(c) Review the code of ethics of your professional organisation on matters


applicable to your practice.

(d) Familiarise yourself with professionals who are experienced in dealing


with violence or dangerous clients and know their contact details.

(e) In the initial interview, if violence is sensed in the clientÊs history, request
clinical records from previous counsellors, if available.

(f) Participate in at least one workshop in the assessment and management of


dangerous clients.

(g) Make sure the limits of your professional liability insurance are adequate.

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TOPIC 6 CONFIDENTIALITY: ETHICS AND LEGAL ISSUES  99

If professionals have prepared themselves well for the eventuality of a dangerous


client, they will have a better sense of what to do in these circumstances. Now, let
us continue by applying these guidelines into practice with the example of
Meena, a suicidal client.

The Case of Meena (Stage 2)


After Dharma, the counsellor, has seen Meena for several weeks for individual
counselling, her concerned parents call and ask how she is doing. MeenaÊs
parents tell the counsellor that they want to respect confidentiality and are not
interested in detailed disclosures but that they want to find out if they have
any cause for worry. Without going into detail, the counsellor reassures them
that they really do not need to worry.

(a) Is the counsellorÊs behaviour ethical?


Commentary: To answer this, you should know what are the rights of the
parents/guardians and the minor clientÊs rights based on the law in your
state or jurisdiction pertaining to confidentiality in counselling minors
(i.e., underaged clients).

(b) Does Dharma have an ethical obligation to inform Meena of the


conversation with her parents?
Commentary: Good practice also involves informing the underaged client
of the times when there is a discussion between the parents and the
counsellor.

(c) If the parents were to insist on having more information, does Dharma
have an obligation to say more?
Commentary: With MeenaÊs permission, the parents can be invited to a
session with their daughter to personally express their concerns with her
being present. This would enable Meena to be part of the discussion and,
with the counsellorÊs help, to choose what to disclose directly to her
parents.

(d) Did Dharma have sufficient information to justify telling the parents that
they have no need to worry?
Commentary: The guidelines for assessing suicidal behaviour provided by
Corey et al. (2010) may be useful to address this ethical issue.

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100  TOPIC 6 CONFIDENTIALITY: ETHICS AND LEGAL ISSUES

(e) If Dharma provides details to the parents, does he have an obligation to


inform Meena before talking with her parents?
Commentary: As stated earlier, good practice also involves informing the
underaged client of any times when there is a discussion between the
parents and the counsellor.

(f) If Meena was indeed suicidal, what ethical and legal obligations would
Dharma have toward the parents?
Commentary: Refer to B.5.b. (responsibility to parents and legal guardians)
of the ACA Code of Ethics (2005), which states:

Counselors inform parents and legal guardians about the role of counselors
and the confidential nature of the counseling relationship. Counselors are
sensitive to the cultural diversity of families and respect the inherent rights
and responsibilities of parents/guardians over the welfare of their
children/charges according to law. Counselors work to establish, as
appropriate, collaborative relationships with parents/guardians to best
serve clients.

Corey et al. (2010) provide some guidelines for assessing suicidal behaviour and
these are as follows:

(a) Take direct verbal warnings seriously.


(b) Pay attention to previous suicide attempts (if any).
(c) Identify clients suffering from depression.
(d) Be alert for feelings of hopelessness and helplessness.
(e) Monitor severe anxiety and panic attacks.
(f) Determine whether individual has a plan.
(g) Identify clients who have a history of severe alcohol or drug abuse.
(h) Be alert to client behaviours (e.g., giving prized possessions away,
finalising business affairs or revising wills).
(i) Determine history of psychiatric treatment.

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TOPIC 6 CONFIDENTIALITY: ETHICS AND LEGAL ISSUES  101

There are other ethical guidelines and recommendations discussed in literature


to assist counsellors and psychotherapists in dealing with specialised groups of
clients, such as children, senior citizens and dependent adults from harm, or with
HIV/AIDS-related issues. For example, Corey et al. (2010) provide ethical
guidelines for disclosure of a clientÊs HIV status, which include:

(a) Sufficient factual grounds for high risk of harm to third party.
(b) Third party is at risk of death or substantial bodily harm.
(c) Harm to the third party is not likely to be prevented unless counsellors
make a disclosure.
(d) Third party cannot reasonably be expected to foresee or comprehend high
risk of harm to themselves.

They further recommend the following strategies to professionals who counsel


HIV clients:

(a) All limits to confidentiality should be discussed with the client at the outset
of treatment.
(b) Therapists must be aware of state laws regarding their professional
interactions with HIV-positive clients.
(c) Therapists need to keep current with regard to relevant medical information.
(d) Therapists need to know which sexual practices are safe.

So, once you have understood and practised some of these guidelines, can you
prepare your own course of action for dealing with crisis cases such as suicidal,
HIV positive, and underaged clients of abuse, which match the law and
regulation in your state/country, social norms of the community you are serving,
and your values as a person and a professional?

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102  TOPIC 6 CONFIDENTIALITY: ETHICS AND LEGAL ISSUES

SELF-CHECK 6.2

Discuss FisherÊs (2008) six-step ethical practice model by drawing on


examples from any of the following:
(a) Counselling a violent client;
(b) Counselling a suicidal client; or
(c) Counselling a HIV positive client.

In particular, highlight the ethical and legal implications of


confidentiality involved in your selected case example.

 Confidentiality can be generally defined as keeping secrets or avoiding


disclosure of significant information.

 In counselling and psychotherapy, the ethical principle of confidentiality


requires that information shared by the client with the therapist in the course
of treatment or the provision of psychological services is not shared with
others.

 Maintaining confidentiality is the first primary duty of practising


professionals such as counsellors or clinical psychologists.

 Practitioners have a legal and professional duty to safeguard clients from


unauthorised disclosures of information except when authorised by law or
by the client.

 There are various ethical practice models proposed in the literature to help
practitioners implement their own course of action regarding confidentiality.

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TOPIC 6 CONFIDENTIALITY: ETHICS AND LEGAL ISSUES  103

Civil damages Legal-ethical duties


Confidentiality Limits of confidentiality
Disclosure Minor clients
Duty to protect Privacy
Duty to warn Privileged communication
Forced disclosures Professional liability insurance
Homicidal plans Suicidal behaviour
Informed consent document Unauthorised disclosures

American Counselling Association. (2005). ACA code of ethics. Retrieved from


www.counseling.org/Resources/CodeOfEthics/TP/Home/CT2.aspx

American Psychological Association. (2010). APA ethical principles of


psychologists and code of conduct. Retrieved from http://www.apa.org/
ethics/code/index.aspx

Australian Psychological Society. (2007). APS code of ethics. Retrieved from


http://www.psychology.org.au/Assets/Files/Code_Ethics_2007.pdf

Corey, G., Corey, M. S., & Callanan, P. (2010). Issues and ethics in the helping
professions (8th ed.). Belmont, CA: Brooks/Cole.

Fisher, M. A. (2008). Protecting confidentiality rights: The need for an ethical


practice model. American Psychologist, 63(1), 1ă13.

Lembaga Kaunselor. (1999). Kod etika kaunselor. Kuala Lumpur, Malaysia:


Percetakan Lembaga Kaunselor.

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104  TOPIC 6 CONFIDENTIALITY: ETHICS AND LEGAL ISSUES

Pope, K. (n.d.). Informed consent in psychotherapy and counseling: Forms,


standards and guidelines, and references. Retrieved, from http://kspope.
com/consent/index.php

The Centre for Ethical Practice (n.d.). Adolescent informed consent form. Ethical
and legal Resources, from http://www.centerforethicalpractice.org/ethical-
legal-resources/practice-resources/sample-handouts/adolescent-consent-
form/

Copyright © Open University Malaysia (OUM)


Topic  Ethical
7 Principles for
Psychological
Research and
Publications
LEARNING OUTCOMES
By the end of this topic, you should be able to:
1. Define the terms „research‰ and „publication‰;
2. Explain the importance of research and publication in psychology;
3. Describe ethics in research and publication based on selected ethics
codes;
4. Discuss ethics in research involving human participants and special
groups;
5. Discuss ethics in research involving animal subjects; and
6. Discuss ethical principles in publication.

 INTRODUCTIONS
Thus far, we were briefly introduced to ethical issues in theory, practice and
research. Now, we are going to explore one of these areas in psychology in more
detail. We want to understand psychological research because research and
publication are important in defining aspects of psychology as a field of study
and profession.

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106  TOPIC 7 ETHICAL PRINCIPLES FOR PSYCHOLOGICAL RESEARCH
AND PUBLICATIONS

There are ethical principles and standards attached to psychological research,


especially in research involving humans and animals, and publishing findings
from such research. In this topic, we are going to identify the relevant ethical
standards for conducting psychological research and publication available in
several codes of ethics from selected countries. Firstly, we are going to identify
the key components of ethical research in psychology. We will be focusing on the
ethical principles of psychological research involving humans. Then we will
discuss the ethical principles of psychological research involving special groups
such as children, followed by a discussion on ethics in research involving animal
subjects. Last but not least, we are going to discuss ethical principles in
publication.

So, sit back, relax and continue reading.

ACTIVITY 7.1

Browse the Internet to find out more about at least five codes of ethics
that must be followed by psychologists and counsellors.

(a) What do these codes of ethics say about research?


(b) What do they say about publication?

Discuss your findings with your coursemates in myVLE.

7.1 RESEARCH AND PUBLICATION FROM AN


ETHICAL PERSPECTIVE
Have you ever wondered why research and publication are important for
psychology as a profession? Why do psychologists conduct research? And, why
do psychologists publish their research findings in journals and monographs?

According to the APA official website (http://www.apa.org/about/index.aspx),


psychological research yields new information. As such, the body of research
becomes part of the disciplineÊs body of knowledge and is communicated to
other members of the profession via publication to improve practice. Similarly,
the ACA Code of Ethics (2005) states:

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TOPIC 7 ETHICAL PRINCIPLES FOR PSYCHOLOGICAL RESEARCH  107
AND PUBLICATIONS

Counsellors who conduct research are encouraged to contribute to the


knowledge base of the profession and promote a clearer understanding of the
conditions that lead to a healthy and more just society. Counsellors support
efforts of researchers by participating fully and willingly whenever possible.
Counsellors minimise bias and respect diversity in designing and
implementing research programmes (Introduction to Section G).

First, let us define the two key terms and source detailed information from the
codes of ethics in order to generate a better understanding regarding ethical
principles pertaining to conducting research and publication in psychology.

(a) Research
Generally, research is defined as an investigation or study. It involves a
systematic process of planning, conducting, writing and disseminating
findings of the study.

What do codes of ethics say about conducting research in psychology?

According to the PERKAMA Code of Ethics (1994, 1999),

Research and publication is necessary for professional development,


enhancement and dissemination of information. Counsellors are required
to conduct research with respect and pay attention to the dignity and
welfare of human which is the subject of the investigation and comply with
regulatory, legal and professional standards governing the conduct of
research. (p. 12).
(Lembaga Kaunselor, 1999)

So, from this excerpt, we know that there are two main purposes of
conducting research and publication in psychology and these are:

(i) For professional development; and

(ii) To upgrade and disseminate knowledge.

We also know from this excerpt that psychologists have an ethical


obligation to ensure the welfare and benefit of human subjects in research
and must follow the rules, laws, and professional standards attached to
conducting research. For more detailed information on ethical research,
please visit the APA Code of Ethics (2010), http://www.apa.org/ethics/
code/index.aspx.

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108  TOPIC 7 ETHICAL PRINCIPLES FOR PSYCHOLOGICAL RESEARCH
AND PUBLICATIONS

(b) Publication
Wikipedia defines publication as follows (See http://en.wikipedia.org/
wiki/Publication):

The distribution of copies or phonorecords of a work to the public by sale


or other transfer of ownership, or by rental, lease, or lending. The offering
to distribute copies or phonorecords to a group of persons for purposes of
further distribution, public performance, or public display, constitutes
publication. A public performance or display of a work does not of itself
constitute publication.

This definition suggests that publication has legal ramifications and that
psychologists need to follow certain ethical guidelines or standards
pertaining to publication. When psychologists share their practice
experiences or research findings in the form of a conference paper, research
article or book to a wider audience among their community of practice or
scholarship, then those scholarly works become their publication.

What do codes of ethics say about publication?

According to the PERKAMA Code of Ethics (1994), psychologists (or


counsellors) should:

(i) Conform to publication ethics and copyright legislation;

(ii) Report research findings accurately and in a complete manner; and

(iii) Safeguard the identity of participants, unless granted approval and


consent from the participants themselves, if such findings are
communicated among professional collegues and peers.

Similarly, the APS Code of Ethics (2007) clearly states that:

Psychologists comply with codes, statements, guidelines and other


directives developed either jointly or independently by the National
Health and Medical Research Council (NHMRC), the Australian
Research Council, or Universities Australia regarding research with
humans and animals applicable at the time psychologists conduct their
research. (B.14.1)

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TOPIC 7 ETHICAL PRINCIPLES FOR PSYCHOLOGICAL RESEARCH  109
AND PUBLICATIONS

In the APA official website (http://www.apa.org/about/index.aspx ), it is stated


that there are two types of professional psychologists, which are:

(a) Psychologist-Scientists
Some psychologists are scientists because they do basic research, develop
theories and test them through carefully honed research methods involving
observation, experiments and analysis.

(b) Psychologist-Practitioners
Other psychologists, on the other hand, are practitioners because they
apply the disciplineÊs scientific knowledge to help people, organisations
and communities function better.

However, both scientists and practitioners can contribute to the disciplineÊs body
of knowledge through publishing their research findings and practice
experiences and reflections. This explains why the model of scientist-practitioner
becomes the exemplar for practice and training of psychologists. To read more on
the scientist-practitioner model in counselling psychology, please refer to this
peer-reviewed journal article:

Myers, D. (2007). Implication of the scientist-practitioner model in counseling


psychology training and practice. The American Behavioral Scientist, 50(6),
789ă796.

Briefly, this article argues for the integration of science and practice during
training and throughout a counselling psychologistÊs practice as a professional.
The argument is in line with the scientist-practitioner model, which maintains
that „psychologists are researchers and practitioners, and their preparation be a
combination of applied and theoretical knowledge in three major areas:
diagnosis, treatment (or therapy), and research‰ (Myers, 2007, p. 790).
Unfortunately, in Malaysia, there are two types of counsellors:

(a) Counsellors who place more emphasis on their practices and neglect their
role as researchers. This phenomenon is applicable to full-time practising
counsellors such as school counsellors, psychology and counselling officers
in government departments, counsellors in higher eduaction institutions;
and

(b) Counsellor educators who are mostly university lecturers who place more
emphasis on teaching and research and have neglected their primary role
as practising counsellors.

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110  TOPIC 7 ETHICAL PRINCIPLES FOR PSYCHOLOGICAL RESEARCH
AND PUBLICATIONS

In view of this dichotomy and lack of consensus between science and practice,
therefore, it is timely to revise the current policies on Malaysian counselling
processes so that the training and practice of counselling psychology would be in
line with the scientist-practitioner model.

So, how do we ethically conduct research to exercise our roles as scientists? The
key components of ethical research in psychology, which are common themes in
most ethics codes, involve the following:

(a) Participation Must be Voluntary


It is generally known that ethical research involves no coercion or power
relation in participation. In view of emerging research methods in
psychology such as the qualitative and mixed-method designs, some
psychologists may be unfamiliar with such methods and thus, face
uncertainty on what constitutes an ethical course of action (Haverkamp,
2005). In particular, qualitative research involves dealing with participants
in close contact through face-to-face interviews, direct observations, or
videotaping activities or sessions. Therefore, Haverkamp (2005) argued that
there are three important aspects of qualitative research which are relevant
to the discussion of ethics. These are:

(i) The target or subject matter of the research;


(ii) The roles of both researchers and participants; and
(iii) Aspects of the research process itself.

(b) Researchers Must Obtain Informed Consent


In the APA Code of Ethics (2010), article 8.02 Informed Consent to Research
states the following:

When obtaining informed consent as required in Standard 3.10 Informed


Consent, psychologists inform participants about:

(i) The purpose of the research, expected duration, and procedures;

(ii) Their right to decline from participating and to withdraw from the
research once participation has begun;

(iii) The foreseeable consequences of declining or withdrawing;

(iv) Reasonably foreseeable factors which may be expected to influence


their willingness to participate such as potential risks, discomfort, or
adverse effects;

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(v) Any prospective research benefits;

(vi) Limits of confidentiality;

(vii) Incentives for participation; and

(viii) Whom to contact for questions about the research and participants'
rights.

They provide opportunity for the prospective participants to ask questions


and receive answers. (See also Standards 8.03 Informed Consent for
Recording Voices and Images in Research; 8.05 Dispensing with Informed
Consent for Research; and 8.07 Deception in Research.)

(c) Researchers Must Maintain Participant Confidentiality


As discussed in Topic 6, confidentiality is an important ethical principle in
psychological services. It is also very important in psychological research.
As such, codes of ethics emphasise safeguarding the identity of research
participants by using pseudonyms or anonymity.

Despite being introduced to these key components in ethical research related to


psychology, there may be emerging issues and challenges when conducting
research in a specific cultural context or when the research involves human
participants. So, the following subtopics may be helpful to address these
potential issues and challenges because they highlight specific ethical standards
and guidelines that can be followed when researching humans, especially groups
such as children or elderly persons.

Can you make a list of potential issues regarding ethics in research that we may
face with human participants?

7.1.1 Ethics in Research with Human Participants


In any research involving human subjects, there are specialised bodies or
committees in institutions or organisations to monitor the plan for the conduct of
the research. This committees will assess the research plan according to ethical
principles for conducting research with human participants. This means that
research with human participants must be carefully planned, conducted and
managed in an ethically competent manner. There are groups of participants that
can be considered as low-risk (e.g., adult participants such as practising
counsellors) and those that can be considered as high risk (e.g., child participants
such as school-aged children).

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The following are areas of research involving human participants that need to be
acknowledged for ethical consideration:

(a) Promoting participantsÊ general wellbeing and eliminating forseeable


threats;

(b) Documenting informed consent in participation;

(c) Deception (withholding of information) is unacceptable;

(d) Debriefing is provided;

(e) Withdrawal from the research is allowed without hesitation;

(f) Confidentiality is emphasised;

(g) Protecting participants from psychological or physical harms is promoted;

(h) Observational research must respect the privacy and psychological well-
being of the individuals studied;

(i) Professional advice should be recommended if necessary; and

(j) Collaborative efforts to promote ethical research conduct should be


encouraged among colleagues.

In particular, better understanding regarding ethics in research with human


participants will help researchers identify conflicts of interest, plan research,
recruit participants, and maintain their trust and safety. Other aspects of ethical
research include training researchers, dealing with authorship and intellectual
property issues, working with special populations, updating protocols for
institutional review boards, and managing matters of informed consent, privacy,
and confidentiality.

Now, let us look at one example. This example refers to an extract from Section 2
in the Monash University Human Research Ethics Committee (MUHREC):
Guidelines to MUHREC application forms, which can be downloaded from this
website: http://www.monash.edu.au/researchoffice/human/form-1.html.

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Information collected in this section allows the Committee to assess whether


the recruitment is fair across all proposed groups. The ethical value of justice
requires that there is a fair distribution of the benefits and burdens of
participation in research and, for any research participant, a balance of
burdens and benefits.

(a) Indicate whether the project involves direct interaction with human
participants and/or uses previously collected data.

(b) If the project involves vulnerable people as potential research


participants, or those unable to make independent and informed
decisions, ensure that the research design provides protection of these
people from potential harm.

(c) Provide details of the selection and recruitment of potential participants.


For example:

(i) How and where participants will be sought (organisation X,


phone book⁄).

(ii) How will you recruit the subjects of your research?

(iii) How will you inform participants about this research?

(iv) How will they be approached and asked if they are willing to
participate?

(v) If you are mailing something to, or calling people, how did you
get their names and contact details? This is important for
consideration of privacy related issues.

 Please note that if the contact details for potential participants


are obtained from a public domain (e.g., white pages), there
are no privacy related issues.

 Obtaining names and contact details of potential participants


from a third party (whether an individual or organisation)
without the consent of the individual constitutes a breach of
privacy legislation.

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 How will you ensure that the privacy of potential participants


is respected, and their right to refuse from participating is
acknowledged?

 The time required to participate in the project and whether


any payment or incentive will be offered to potential
participants.

 You can provide extra information such as flow diagrams to


describe the recruitment procedures and/or samples of each
form of recruitment material to be used (e.g., advertisements,
transcripts of radio or television advertisements and
telephone calls, copies of photographs or other images to be
used, posters and letters of invitation).

(d) Indicate if your project involves other organisations e.g., schools,


universities, companies. That is, if you are recruiting participants from
an organisation, school, etc, even where you work or study, you will
require the appropriate permission(s) in order to access your participant
pool before commencing data collection.

Address issues of coercion and provide enough details to assure the


Committee that participation will be voluntary. For example, it is a concern to
MUHREC if University students are participating in research that is part of
their assessment or is being done by an assessor of the student.

So, from the above, we can see how thorough the process is to obtain ethics
approval for research involving human participants. As professional
psychologists, we must be prepared to address all of the above questions because
those questions have considered ethics in research. In some professions, for
example in counselling psychology, these ethical guidelines must be followed in
research because counsellorsÊ primary duty involves clientsÊ trust. Unfortunately,
not all universities in Malaysia have their own Ethics Committee. This limitation,
sometimes, poses some challenges to Malaysian psychologist-researchers because
they have to rely on their own professional judgement in planning, conducting
and writing research. Please refer to the Appendix section for a sample of an
explanatory statement of research which involves human participants.

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7.1.2 Ethics in Research Involving Special Groups


In certain areas of psychology such as human development, cognition, and
learning, research may involve human participants from special groups such as:

(a) Children and teens;


(b) Older adults or the elderly;
(c) Women;
(d) Racial and cultural minorities;
(e) Client/patient, student, and subordinate research participants;
(f) Gays or lesbians; and
(g) Disabled persons, among many others.

Therefore, psychologists have a legal and ethical responsibility to ensure that


their research promotes wellness and avoids doing harm to these specialised
populations. In some codes of ethics, there are supplementary ethical guidelines
which provide details regarding research with these groups. For example, the
APS Code of Ethics (2007) has specific guidelines for the conduct of research with
older adults ă Guidelines for the provision of psychological services for, and the
conduct of research with, older adults.

These guidelines were developed to complement the APS Code of Ethics (2007),
standard A.1. Justice, which state that:

A.1.1. Psychologists avoid discriminating unfairly against people on the basis of


age, religion, sexuality, ethnicity, gender, disability, or any other basis proscribed
by law.

A.1.2. Psychologists demonstrate an understanding of the consequences for


people of unfair discrimination and stereotyping related to their age, religion,
sexuality, ethnicity, gender or disability.

A.1.3. Psychologists assist their clients to address unfair discrimination or


prejudice directed against the clients.

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In particular, when it comes to research conduct involving older adult


participants, the guidelines state the following:

Psychologists are encouraged to include older people as active contributors to


all aspects of the research process, not merely as participants. Inclusion of
older people wherever possible in designing research protocols, carrying out
procedures, and reporting results may ensure that research involving older
people as participants is designed to benefit them. These benefits can be direct,
for example, by providing feedback and results to participantsÊ families or
social network, or indirect, by disseminating findings which may assist in
combating ageism in the wider community.

So, psychologists must be prepared to address ethical issues in research during


project development, fieldwork, writing reports and disseminating research
findings. By following all these ethical guidelines, psychologists demonstrate
their values as a person and a professional and help to upgrade the quality of
their profession.

7.1.3 Ethics in Research Involving Animals


Psychological research also involves the use of animals, especially in research
which adopts experimental and observational study designs. Animals such as
monkeys, rats and pigeons have been widely used by learning theorists such as
B. F. Skinner (1904ă1990) to explain and predict certain behaviours. Therefore,
there are ethics and guidelines when investigating psychological phenomena
using animal samples.

Similar to research involving human participants, research involving animal


subjects also requires approval from a specific body or ethics committee at
various levels in each state or country. For example, in the US, in the University
of California, Berkeley, there is a specialised committee called The Animal
Care and Use Committee (ACUS, http://www.acuc.berkeley.edu/), which is
responsible to review and approve all research proposals intending to use
vertebrate animals in teaching and research. Therefore, psychologist-researchers
must be aware of the ethical guidelines and standards in research involving
animal subjects. Now, let us find out more about those standards as stated in
some codes of ethics.

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Unfortunately, in most codes, there is only brief and general information


regarding ethics in research involving animals. For example, in the Australian
context, there are three possible sources for references to address ethical issues in
research involving animals, as stated in the APS Code of Ethics (2007) earlier
(B.14.1): the National Health and Medical Research Council (NHMRC), the
Australian Research Council (ARC), or Universities Australia. For instance, the
ARC clearly states its commitment to foster the „highest ethical standards in
research‰ (http://www.arc.gov.au/general/research_integrity.htm). Therefore,
all research studies in Australia must conform to The Australian
Code for the Responsible Conduct of Research (http://www.nhmrc.gov.au/
guidelines/publications/r39). In particular, if the research involves the use
of animals, researchers must respect these animals, in accordance with the
Australian Code of Practice for the Care and Use of Animals for Scientific
Purposes (see NHMRC, 2004 for more detail).

Therefore, psychologists must always conform to the rules or policies pertaining


to research with animals in order to be ethical researcher.s Research misconduct
can happen if researchers risk the wellbeing of animals they use in their study.

7.1.4 Ethical Principles in Publication


The ACA Code of Ethics (2005) provides eight areas for ethical consideration
when publishing materials from research. These areas involve the following:

(a) Recognising contributions (G.5.a.);


(b) Plagiarism (G.5.b.);
(c) Review/Republication of data or ideas (G.5.c.);
(d) Contributors (G.5.d.);
(e) Agreement of contributors (G.5.e.);
(f) Student research (G.5.f.);
(g) Duplicate submission (G.5.g.); and
(h) Professional review (G.5.h.).

For example, the ethical guideline regarding student research states that:

For articles which are substantially based on studentsÊ course papers, projects,
dissertations or theses, and on which students have been the primary
contributors, they are listed as principal authors (G.5.f.).

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Similarly, when psychologists would like to disseminate their research findings


to a wider audience, there are certain guidelines that they need to conform, for
example, as stated in the APA Ethical Principles of Psychologists and Code of
Conduct (2010), 8.14 (Sharing Research Data For Verification):

After research results are published, psychologists do not withhold the data on
which their conclusions are based from other competent professionals who seek
to verify the substantive claims through reanalysis and those who intend to use
such data only for that purpose, provided that the confidentiality of the
participants can be protected and unless legal rights concerning proprietary data
preclude their release. This does not preclude psychologists from requiring that
such individuals or groups be responsible for costs associated with the provision
of such information.

This is the reality of being a member of a profession. Not only do we have to


study hard to fulfil certain academic qualifications but we have to continuously
strive to uphold ethics and professionalism in our practice, research, and
publication. So do you think you can take up the challenge to become a
professional psychologist?

SELF-CHECK 7.1

Write an essay on „ethics in research‰ and provide some suggestions on


how to ethically conduct research involving human participants. In
particular, include the following topics in your discussion:

(a) Voluntary participation;


(b) Informed consent to research; and
(c) Confidentiality in research.

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 Psychological research yields new information which is communicated to


other members of the profession via publication to improve practice.

 Research is defined as an investigation or study which involves systematic


process of planning, conducting, writing and disseminating findings of the
study.

 When psychologists share their practice experiences or research findings in


the form of a conference paper, research article, or book to a wider audience
among their community of practice or scholarship, then those scholarly
works become their publication.

 Research involving human participants must be carefully planned,


conducted and managed in an ethically competent manner.

 Research involving animal subjects requires approval from a specific body or


ethics committee at various levels in each state or country.

 When psychologists want to disseminate their research findings to a wider


audience, there are certain guidelines which they need to conform to.

Disseminating research Psychologist-scientist


Ethics committee Publication
Human participants Research
Participant confidentiality Respecting diversity
Professional development Scientist-practitioner model
Psychological research Unfair discrimination
Psychologist-practitioner Voluntary participation

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American Counselling Association. (2005). ACA code of ethics. Retrieved from


www.counseling.org/Resources/CodeOfEthics/TP/Home/CT2.aspx

American Psychological Association. (2010). APA ethical principles of


psychologists and code of conduct. Retrieved from http://www.apa.org/
ethics/code/index.aspx

American Psychological Association. (2011). About APA. Retrieved June 21, 2011,
from http://www.apa.org/about/index.aspx

Australian Psychological Society. (2007). APS code of ethics. Retrieved from


http://www.psychology.org.au/Assets/Files/Code_Ethics_2007.pdf

Australian Psychological Society. (2009). Ethical guidelines (9th ed.). Melbourne,


Australia: The Australian Psychological Society Ltd.

Lembaga Kaunselor. (1999). Kod etika kaunselor. Kuala Lumpur, Malaysia:


Percetakan Lembaga Kaunselor.

Myers, D. (2007). Implication of the scientist-practitioner model in counseling


psychology training and practice. The American Behavioral Scientist, 50(6),
789ă796.

NHMRC. (2004). Australian code of practice for the care and use of animals for
scientific purposes (7th ed.), Commonwealth of Australia, Canberra.
http://www.nhmrc.gov.au/publications/synopses/ea16syn.htm

Wikipedia. (2011). Publication. Retrieved from http://en.wikipedia.org/wiki/


Publication

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Topic  Ethical
8 Principles for
Psychology
Practitioners
LEARNING OUTCOMES
By the end of this topic, you should be able to:
1. Define the term „psychological practitioners‰;
2. Identify the responsibilities of practitioners;
3. Explain the laws and ethical standards in specific contexts;
4. Solve ethical dilemmas in compliance with laws and standards; and
5. Formulate a course of action for addressing ethical issues in practice.

 INTRODUCTION
In the previous topic, we mentioned the scientist-practitioner model which can
be a useful model to encourage psychologists to develop their professional
competency. As scientists or researchers, psychologists can generate a theory
about their practice. Hence, such theory can contribute towards improving the
quality of psychological practices and encouraging practitioners to become more
competent in their work. However, as with research and publication, there are
ethical principles for psychological practitioners. Some of these principles were
previously discussed in Topic 4 and psychologistsÊ responsibilities were also
generally discussed in Topic 5. So, this topic will focus more on addressing the
following two questions:

(a) What are the responsibilities of a psychology practitioner?


(b) How do practitioners comply with laws and standards?
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It is envisioned that the knowledge garnered from this topic will contribute to a
professional psychologistsÊ journey to become a legally-and-ethically competent
practitioner.

8.1 RESPONSIBILITY OF PRACTITIONERS


In order to become an ethically competent psychological practitioner,
professionals must be aware and knowledgeable of the responsibilities of being a
psychological practitioner. Before these responsibilities are discussed, let us
define the term „psychology practitioner‰.

Psychology practitioners: This term generally refers to professionals in the


field of applied psychology whose main duties are to provide psycological
services to clients based on relevant codes of ethics or codes of practice.

For example, Malaysian registered counsellors can also be known as psychology


practitioners for two reasons:

(a) Counselling is one of the areas in the applied psychology field. In Malaysia,
the definition of counselling according to the Counsellors Act (580) 1998
(Lembaga Penyelidikan Undang-Undang Malaysia, 1998) is,

A systematic process of helping relationship based on psychological


principles performed by a registered counsellor in accordance with the
counselling code of ethics to achieve a voluntary favourable holistic
change, development and adjustment of the client such that the change,
development and adjustment will continue throughout the lifespan of the
client. (p. 6)

(b) The term counsellors only refers to registered counsellors who are also
holders of a practising license (Lembaga Penyelidikan Undang-Undang
Malaysia, 1998).

Therefore, other professionals in Malaysia cannot simply use the term


„counsellor‰ as their job title if they are not yet registered with the Malaysian
Board of Counsellors, locally known as Lembaga Kaunselor Malaysia (LKM).
Even if they are already registered with the LKM, they cannot simply practise
counselling unless they apply for a practising license (Sijil Perakuan Amalan)
endorsed by the registrar of the LKM. According to the Act, only registered
practising counsellors (RC, LPC) are legally allowed to use the term counsellor
and to practise in the Malaysian context. The rule has been applicable since 1998.

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Once we have understood the term psychological practitioners, let us move on to


identifying the responsibilities of a psychological practitioner. We will focus on
the Malaysian registered practising counsellors community as an example.

8.1.1 Professional Responsibilities of a Practitioner


There are a number of ways to understand the professional responsibilities of a
practitioner. The first involves understanding the core defining characteristics of
a profession (see Topic 2) and then translating this understanding into
behavioural responsibilities. For example, consider the following discussion on
the criteria of a profession.

(a) Specialised Knowledge


One of the responsibilities of a psychological practitioner such as a
registered practising counsellor in Malaysia is to have specialised
knowledge in counselling. This can be achieved by pursuing tertiary
education in any university (locally or overseas) which offers counsellor
education programmes recognised by the Malaysian government. For
example, the University of Malaya offers a four-year Bachelor in
Counselling programme with the objective to educate and train those who
aspire to become counsellors in educational institutions, public
departments, or the private sector. To graduate, the students have to fulfill
120 credit hours: 18 credit hours from Ccompulsory University Courses; 69
credit hours from Counselling courses such as theories, techniques, and
laboratory, which lead to professional training; 24 credit hours from
psychology courses; and 9 credit hours from electives (Fakulti Pendidikan
Universiti Malaya, 2008).

(b) Intensive and Continuous Training


Besides fulfilling the requirement for registration set by the LKM,
Malaysian counsellors have ethical and legal responsibilities to
continuously upgrade their knowledge and skills through participation in
professional development training (Lembaga Kaunselor Malaysia, 2003). In
Malaysia, counsellors can choose to participate in intensive and continuous
training developed by their own work organisations such as schools or
hospitals or to participate in professional development training organised
by the LKM. However, it is important to note that the availability of
continuous training programmes in Malaysia is still limited, and there is a
need to provide more training opportunities to Malaysian counsellors and
other psychology practitioners such as clinical psychologists.
 

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(c) Professional Bodies


Every professional must have a professional body or association. It is the
psychology practitionersÊ responsibility to be active members in their
respective professional associations. For example, Malaysian psychologists
and counsellors must become members in the Persatuan Psikologi Malaysia
(PSIMA) and the Persatuan Kaunseling Malaysia (PERKAMA) before
establishing their professional identity.

(d) Licensure, Accreditation and Certification


As mentioned earlier, another responsibility of a psychology practitioner is
to ensure that they are licensed and certified before providing professional
psychology services to clients. They must ensure that their license is
renewed before its expiry date.

(e) Ethical Standards


It is the responsibility of all practitioners to have a copy of the relevant code
of ethics for reference purposes. For example, the American psychologists
must read and understand the APA Code of ethics (2010), the Australian
Psychologists must understand their APS Code of Ethics, and the
Malaysian counsellors must understand their PERKAMA Code of Ethics.
These codes become their main source of reference whenever these
practitioners encounter ethical dilemmas in their practices.

(f) Professional Identity


This refers to a strong identity with the field as a profession or vocation.
For example, Othman et al. (2000) stated that counsellors in Malaysia have
a professional identity especially after the introduction of the CounsellorsÊ
Act (580) in 1998.

8.1.2 Legal Responsibilities of a Practitioner


Practising professionals in specific cultural contexts not only have professional
responsibilities but also have legal responsibilities to comform to state and
federal laws. Else, their credibility as professional practitioners will be
questioned and sometimes can be subjected to legal proceedings. For example, as
a Malaysian Malay-Muslim practitioner, a counsellor must make sure his or her
practice is consistent with Islamic laws, state laws, and federal laws. Therefore,
every practitioner must have awareness, knowledge and skills regarding the
legal system in their specific cultural contexts.

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Now, let us talk about domestic violence cases among Malay-Muslim couples.
What would be the necessary preparation that practitioners must have before
they can help victims of domestic violence who come from the Malay-Muslim
community? How much of Islamic law matters do practitioners need to know?
How about state laws and civil laws? To what extent do these practitioners need
to know the laws and standards to ethically and effectively help clients?

Corey et al. (2010) discuss matters which constitute a situation of „reportable


abuse‰ (p. 250). They commented,

If children, the elderly, or other dependent adults disclose that they are being
abused or neglected, the professional is required to report the situation under
penalty of fines and imprisonment. If adults reveal in a therapy session that
they are abusing or have abused their children, the matter must be
reported...The professional has an obligation to protect those who cannot
advocate for themselves. (pp. 250ă251)

Corey et al. (2010) further provided the following questions to help psychological
practitioners evaluate their preparedness to carry out the duty to protect
children, the elderly, and other dependent adults (e.g., spouses) from abuse or
neglect:

(a) How well prepared do you think you are in determining when to report
suspected abuse of a child, an older personor a dependent adult?
(b) Would you consider cultural factors in determining whether a situation
indicates actual abuse? How would you account for cultural differences in
assessing abuse?
(c) Can you think of ways in which you could file a report on an adult abuser
and continue working with the client therapeutically?
(d) What struggles, if any, have you encountered with respect to following the
laws regarding reporting child, dependent adult, or abuse of older adults?
(e) If you follow the law in all cases, are you also following an ethical course?
What potential conflicts are there between doing what is legal and what is
ethical?
(f) If an adult admits having abused a child, what are your thoughts about a
therapist who argues that keeping the client in therapy is the best way to
help him/her work through this problem, even if it means failing to report
the abuse to authorities?
(g) Do you think therapists should have some flexibility in deciding when it
would be best to make a report? Why or why not?
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These questions really challenge practitionersÊ understanding of themselves as a


person and as a professional. So, they must have awareness of the values, biases
and beliefs they may have regarding victims of abuse or neglect. In particular,
they must know the laws and standards relevant to their specific cultural context.
This means compliance with laws and standards is a must among psychological
practitioners. The following subtopic discusses the issue of compliance with laws
and standards in more detail by referring to hypothetical scenarios.

SELF-CHECK 8.1

1. Define the term „psychological practitioner‰.

2. Discuss the core responsibilities of a practising counsellor in the


Malaysian context.

3. Briefly describe a practising counsellorÊs responsibility when


dealing with abuse or neglect cases involving children, the
elderly, or dependent adults.

ACTIVITY 8.1

Conduct a library search or do some online research to collect


information about ethics and the legal system on cases of abuse or neglect
involving children, the elderly, and dependent adults in Malaysia. Write
short notes based on readings according to the following headings:

(a) Islamic law;


(b) State law;
(c) Civil law;
(d) Ethical standards; and
(e) Moral standards.

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ACTIVITY 8.2

The following URL links to an article on a professional dilemma faced


by many psychologists when they try to negotiate their responsibilities
to their profession and the legal system in their cultural context.

http://kspope.com/ethics/research8.php

Read the article, and try to draw conclusions from the survey findings.
Be ready to discuss them with your tutor and classmates during the
next tutorial.

8.2 COMPLIANCE WITH LAWS AND


STANDARDS
What are your expectations on this topic now that you understand the
reponsibilities attached to a psychological practitioner? What comes to mind
when you compare and contrast the influence of the laws and moral standards in
governing practices? For me, to really understand the need to comply with the
laws and moral (ethical) standards requires deep thinking and self-awareness.
Having laws and regulations help to promote order in a society and having
ethical standards helps to promote wellness and personal growth in a society.
However, practitioners must always remember that laws and ethics are both
man-made and hence not always right and applicable in all cases and contexts.

In addition, practitioners must also be prepared to encounter conflicting values


between the laws and ethics, especially when their cases involve certain groups
of individuals such as victims of violence, neglect, and human trafficking. These
are groups who may have needed legal intervention to resolve their issues and
concerns. But as a professional practitioner, counsellors must have a position
(stance) with respect to situations involving these special groups of clients. In
particular, ask yourself how far you should go in reporting suspected abuse.
Does the fact that you have reported a situation to the officials end your ethical
and legal responsibilities? Then, look for ways to differentiate between:

(a) Ethical practice; and


(b) Legal practice.

Finally, ask yourself what you would be inclined to do if there is a conflict


between ethics and the law.

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8.2.1 Addressing Ethical Dilemmas for Psychologists


Well, the above questions are tough to answer because they involve finding a
balance between your values as a person and as a professional. Yet, they are
important questions which need answers from each practitioner in counselling
and psychotherapy. To help you clarify your stance with respect to compliance
with laws and standards, consider the following example.

The Case of Marina (Part 1)


Marina, a secondary school counsellor, has reason to believe that one of her
student clients is being physically abused. However, she also knows that the
abuser, the studentÊs father, has enrolled in a substance abuse programme.
Marina knows that the statute in her state clearly specifies that she is required
to report this incident. So, she reports the incident to Child Protective Services
and gives all the information she has to the caseworker (the assigned social
worker). Marina even follows up the phone conversation with the caseworker
with a written report.

Now, try to answer the following questions:

(a) Has Marina adequately fulfilled her responsibility by making the report?
(b) Does Marina have an obligation to inform the school administration?
(c) Does the school have a responsibility to see that action is taken?

Commentary
This seems a clear-cut scenario and MarinaÊs actions are in compliance with
the law and standards. Indeed, in most countries, suspected physical abuse is
an example of immediate reportable matters. Perhaps Marina should check
her school policies regarding cases involving the law so that she can inform
the school administration and share the responsibility of seeing that action
will be taken to help the student client. As an employee, counsellors have to
notify their organisation regarding any cases which are legally and ethically
reportable to officials. Now, consider Part 2 of the case.

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TOPIC 8 ETHICAL PRINCIPLES FOR PSYCHOLOGY PRACTITIONERS  129

The Case of Marina (Part 2)


Two weeks later, the student client tells Marina that nothing has been done.

(a) Does Marina have a responsibility to report the agency for not having taken
action?

(b) If the agency does not take appropriate action, does Marina have a
responsibility to take other measures?

(c) Would it be ethical for Marina to take matters into her own hands and to
call for a family session or make a house call, especially if the student client
requests for it?

Commentary
Now, these are really tough questions which need deep thought and
understanding of the law and ethical standards. Although as a counsellor
Marina has complied with her legal duty to protect the child by reporting the
matter to Child Protective Services, she also has an ethical obligation to follow
up on the report until the matter has been officially investigated and acted
upon.

Perhaps there are three possible things Marina could do:

(a) Marina could make another phone call to the original caseworker to
innocently ask for progress notification.

(b) Should this course of action prove unsatisfactory, she might contact the
caseworkerÊs supervisor to speed up action.

(c) Marina should document these efforts in her log book and inform the
administration too.

The case illustrates some of the difficulties counsellors face when it comes to
reporting an incident of abuse. Each of the ethics codes in the mental health
professions recommend therapy practitioners to adhere to the law when there is
a conflict between legal and ethical requirements. For example, the APA Ethical
Principles of Psychologists and Code of Conduct 2010 state:

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130  TOPIC 8 ETHICAL PRINCIPLES FOR PSYCHOLOGY PRACTITIONERS

Psychologists disclose confidential information without the consent of the


individual only as mandated by law, or where permitted by law for a valid
purpose such as to (1) provide needed professional services; (2) obtain
appropriate professional consultations; (3) protect the client/patient,
psychologist, or others from harm; or (4) obtain payment for services from a
client/patient, in which instance disclosure is limited to the minimum which
is necessary to achieve the purpose (4.05.b)

So, depending on how the therapist handles the matter with the family, it may be
possible to continue a therapeutic relationship in this case.

8.2.2 Formulating an Ethical Model for Practice


What we have discussed earlier gives us a better understanding on how to make
a legal and ethical decision on whether or not to report abuse cases. However,
Sonkin and Linbert (1999) caution therapists regarding the inconsistencies and
discrepancies in laws and ethics in some contexts. They further comment:

Experience shows us that not only are there differences in specific laws and
ethical standards but there are also differences in their interpretation across
individuals. Legal and ethical standards can appear, at best, ambiguous and
open to interpretation guided by such vagaries as the „unique aspects of the
case‰, personal and professional experience, theoretical bias, and other such
issues, yet statute and the teleogic basis underlying most ethics codes assume
a decision rule based on predictable outcome. (An excerpt from
http://www.daniel-sonkin.com/LE.html)

In light of this awareness, practitioners in mental health professions must


develop their own models for guiding their practices, especially those involving
the duty to protect children, the elderly, and other dependent adults (e.g.,
spouses) from abuse or neglect.

Sonkin and Linbert (1999) discuss a child abuse decison-making model for
clinicians proposed by previous literature. The model argues that legal factors,
clinician characteristics and situational factors appear to interact synergistically
to influence whether or not a clinician chooses to report. These factors are briefly
described as follows:

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TOPIC 8 ETHICAL PRINCIPLES FOR PSYCHOLOGY PRACTITIONERS  131

(a) Legal Factors


Any common legal factors which may affect the decision-making process of
reporting child abuse cases such as knowledge of the child abuse laws, the
clarity of the law (i.e., wording) and its legal requirements.

(b) Clinician Characteristics


Any typical factors which may affect a clinicianÊs decision of reporting a
child abuse case such as clinician demographics, training background,
years of experience, attitudes and beliefs, as well as experience making
child abuse reports.

(c) Situational Factors


Any situational factors surrounding the child abuse case such as the
victimsÊ characteristics (e.g., age appears to be an important variable in
reporting child abuse), type of abuse, severity of abuse and availability of
evidence.

The model can be diagrammatically summarised in Figure 8.1.

Figure 8.1: Child abuse decision-making ă A model for Clinicians


Source: Sonkin & Liebert (1999)

The model seems applicable to cultural context other than the US because the
factors highlight the generic elements that exist across cultures and across
contexts (i.e., cultural universal elements). However, it would be better if mental
health practitioners can develop their own individualised approaches to
handling abuse or neglect cases involving children, the elderly, and dependent
adults based on their training background and practice experience. If counsellors
are able to have their own individualised approaches, they would always be

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132  TOPIC 8 ETHICAL PRINCIPLES FOR PSYCHOLOGY PRACTITIONERS

prepared and confident to deal with any abuse or neglect issues throughout their
professional practice.

So, would you like to develop your own approach to counselling victims of
abuse or neglect?

In order to help you formulate an individualised approach, ask yourself the


following questions:

(a) Is it an ethical, legal, professional or clinical problem?


(b) Is it a combination of more than one of these?
(c) If a legal question exists, seek legal advice.
(d) Is the issue related to me and what I am or am not doing?
(e) Is it related to a client and/or the client's significant others and what they
are doing or not doing?
(f) Is it related to the institution or agency and their policies and procedures?

Recall the ethical decision-making model which was introduced in Topic 1.


Briefly, the model has eight steps:

(a) Identify the problem or dilemma.


(b) Identify the potential issues involved.
(c) Review the relevant code of ethics.
(d) Know the applicable laws and regulations.
(e) Obtain consultation.
(f) Consider possible and probable courses of action.
(g) Enumerate the consequences of various decisions.
(h) Decide on what appears to be the best course of action.

Then, compare and contrast the model with the American practitionerÊs Guide to
Ethical Decision Making proposed by Forester-Miller and Davis (1996). At a
glance, the guide has seven steps and these are:

(a) Identify the problem.


(b) Apply the ACA Code of Ethics (e.g., ACA code of ethics 2005).

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TOPIC 8 ETHICAL PRINCIPLES FOR PSYCHOLOGY PRACTITIONERS  133

(c) Determine the nature and dimensions of the dilemma.


(d) Generate potential courses of action.
(e) Consider the potential consequences of all options, choose a course of
action.
(f) Evaluate the selected course of action.
(g) Implement the course of action.

Now, answer the following questions.

(a) Which did you find to be most comfortable, the cultural universal or
culture specific model? State your reasons.

(b) Which one is feasible to be used in the Malaysian context? Are your reasons
clear to you?

It is not surprising to realise that different practitioners may adopt different


courses of action in the same situation. This is the reality of being human with
different values, beliefs and attitudes, styles, and ways of doing things. After all,
there is rarely one right solution for a complex ethical dilemma especially if it
conflicts with the laws. However, if you follow the step-by-step model that you
are familiar with, you will be able to give a professional explanation for the
course of action taken.

SELF-CHECK 8.2

1. Explain why a practitioner has to comply with the law and


standards when faced with a complex ethical dilemma.

2. Discuss how a professional practitioner can help a child client (of


school-going age) who has been subjected to abuse or neglect.

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134  TOPIC 8 ETHICAL PRINCIPLES FOR PSYCHOLOGY PRACTITIONERS

 Psychology practitioners refer to professionals in the field of applied


psychology whose main duties are to provide psycological services to clients
based on relevant codes of ethics or codes of practice.

 In order to become an ethically competent psychology practitioner,


professionals must be aware and knowledgeable of the responsibilities of
being a psychology practitioner.

 Practising professionals in specific cultural contexts must not only have


professional responsibilities but also have legal responsibilities to comform
to the state and federal laws.

 Having laws and regulations help to promote order in a society and having
ethical standards in practice helps to promote wellness and personal growth
in a society.

 Practitioners must always remember that laws and ethics are both man-
made, hence they are not always right and accurate to be applied in all cases
and contexts.

Child abuse decison-making model Licensed accredited and certified


counsellors
Civil law
Moral standards
Clinician characteristics
Practitioners
Compliance with laws
Registered practising counsellors
Ethical dilemma
Severity of abuse
Ethical standards
Situational factors
Individualised approaches
State law
Islamic law
Legal factors

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TOPIC 8 ETHICAL PRINCIPLES FOR PSYCHOLOGY PRACTITIONERS  135

American Counselling Association. (2005). ACA code of ethics. Retrieved from


www.counseling.org/Resources/CodeOfEthics/TP/Home/CT2. aspx

American Psychological Association. (2010). APA ethical principles of psychologists


and code of conduct. Retrieved from http://www. apa.org/ethics/code/
index.aspx

Corey, G., Corey, M. S., & Callanan, P. (2010). Issues and ethics in the helping
professions (8th ed.). Belmont, CA: Brooks/Cole.

Fakulti Pendidikan Universiti Malaya. (2008). Buku panduan program ijazah dasar
sesi 2008/2009. (Handbook for undergraduate programs session 2008/2009).
Kuala Lumpur, Malaysia: Fakulti Pendidikan, Universiti Malaya.

Forester-Miller, H., & Davis, T. (1996). A practitioner's guide to ethical decision


making. Retrieved from www.counseling.org/files/fd.ashx?guid=c4dcf247
-66e8-45a3ăabcc...

Lembaga Kaunselor Malaysia. (2003). Piawai dan kelayakan latihan kaunselor


(Standards and qualifications for counsellor training). Kuala Lumpur,
Malaysia: Lembaga Kaunselor.

Myers, D. (2007). Implication of the scientist-practitioner model in counseling


psychology training and practice. The American Behavioral Scientist, 50(6),
789ă796.

Othman, A. H., Che Din, M. S., & Sipon, S. (2000). Latihan kaunseling di
Malaysia: Satu ulasan dan cadangan [Counselling training in Malaysia:
A review and suggestion]. PERKAMA, 8, 137ă151.

Pope, K. S., & Bajt, T. R. (n.d.). When laws and values conflict: A dilemma for
psychologists. Retrieved from http://kspope.com/ethics/research8.php.

Sonkin, D. J., & Liebert, D. S. (1999). Legal and ethical issues in the treatment
of multiple victimization child maltreatment. In R. Rossman &
M. Rosenberg (Eds.), Multiple victimization child maltreatment: clinical
and research perspectives. New York: Hayworth Press (Retrieved from
http://www.daniel-sonkin.com/LE.html).

Copyright © Open University Malaysia (OUM)


Topic  Ethics in
9 Multicultural
Contexts
LEARNING OUTCOMES
By the end of this topic, you should be able to:
1. Define „multicultural concepts‰;
2. Identify multicultural values based on broad, narrow, and diversity-
sensitive perspectives;
3. Discuss ethical issues related to gender and religion;
4. Discuss ethical issues related to other cultural aspects (e.g., age,
education, and socioeconomic status); and
5. Apply your knowledge and understanding regarding ethics and
multicultural competence into some practice case examples.

 INTRODUCTION
As discussed in Topic 4, there are four forces in psychology and multiculturalism
which have been argued as the „fourth‰ force (Pedersen, 2000, 2008). This means
that multiculturalism influences counselling and psychotherapy to the same
degree as how psycho-dynamism, humanism/existentialism and behaviourism
have influenced counselling in the past.

However, there have been ongoing debates and controversies surrounding the
term multiculturalism: a broad and inclusive definition of multiculturalism versus
a narrow approach which focuses exclusively on race or ethnicity. Corey
et al. (2010) argue that counselling can be thought of as multicultural if the culture
is broadly defined to include not only race, ethnicity, and nationality but also
gender, religion, age, social class, education, sexual orientation and disability.

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TOPIC 9 ETHICS IN MULTICULTURAL CONTEXTS  137

In the last couple of decades, „multicultural competence increasingly has been


recognised as an essential component of ethical counselling practice‰ (Watson,
Herlihy and Pierce, 2006, p. 99). This indirectly means that if psychologists or
counsellors are not multiculturally competent, their psychological practices with
a culturally diverse population in a multicultural context can be considered as
unethical.

In this topic, we are going to explore the interconnection between


multiculturalism and ethics based on selected codes of ethics and multicultural
guidelines. We are going to first identify multicultural values in some countries
such as the US, Australia and Malaysia. Then we are going to discuss ethical
issues related to gender and religion. Lastly, we explore ethical issues related to
other cultural aspects such as age and education level.

ACTIVITY 9.1

In groups of four or five, identify the core values of people in three


different contexts: the values of being an American, Australian and a
Malaysian. Jot down your answers in the following table and answer
the following questions.

Context/People Shared Core Values Between-group Values


The US
ă White
ă Black
ă Native
Australia
ă Caucasian
ă Aborigines
ă Immigrants
Malaysia
ă Malay
ă Chinese
ă Indian

(a) What are the similarities in values of people in these different


contexts?
(b) What could be the differences in values of the people within each
context?

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9.1 MULTICULTURAL VALUES


Before we explore multicultural values, let us understand some multicultural
terminology. Corey et al. (2010) has defined the following:

Multiculturalism: The term multiculturalism is a generic term which


indicates any relationship between and within two or more diverse groups.

Cultural diversity: This term refers to the spectrum of differences which


exists among groups of people with definable and unique cultural
backgrounds.

Multicultural counselling: A helping role and process which uses approaches


and defines goals consistent with the life experiences and cultural values of
clients, balancing the importance of individualism versus collectivism in
assessment, diagnosis and treatment.

Diversity: This refers to individual differences such as age, gender, sexual


orientation, religion and physical ability or disability.

In a multicultural context, people should recognise the complexity of cultures


and value the diversity of beliefs and values. This explains the emergent topic in
multicultural literature and multicultural competence which refers to two inter-
related processes:

(a) Learning about your own culture helps you acquire multicultural
competence; and

(b) Self-exploration makes learning about the race, culture and experiences of
clients a manageable process.

In multicultural contexts, differences in values are undeniable. Sometimes, these


differences enhance the cultural awareness of individuals in a multicultural
society. However, in most times, such differences can create potential cultural
tension and conflict. So, what are the underlying values which we need to be
aware of in multicultural contexts?

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9.1.1 From a Narrow Perspective


In defining the term multiculturalism, previous literature tend to advocate to the
narrow approach focusing exclusively on race, ethnicity and culture as central
concepts in multiculturalism. Therefore, differences in values due to race,
ethnicity and culture are to be expected in any multicultural society.

The most studied values from a narrow perspective of multiculturalism are


between Western and Eastern values, between individualism and collectivism
values, and between independent and interdependent. For example, in some
ethnic cultures, the needs and rights of the autonomous self are highly valued
(individualism). In others, individual needs are secondary to those of the group
(collectivism). Some scholars reported that the European North American, Anglo
Caucasian Australian and Anglo Germanic cultures value individualism more
than collectivism, with an emphasis on rights, freedom and independence
(Hofstede, 2001; Lehman et al., 2004). By contrast, the Latin American and South
and East Asian cultures including Malaysian, are, in general, more collectivist
(Hofstede, 2001), emphasising the social networks to which the group belongs
and social rules for behaviour.

Collectivist cultures are often hierarchical; they value adherence to authorities


such as elders, husbands, religious leaders and parents. Although these claims on
individualism-collectivism are arguable and seem to dichotomise the world and
make generalisation about some cultures (e.g., Hofstede, 2001), it is important to
note that there is significant variability both across the various cultures and
within specific cultures. In addition, this dimension of culture no longer has
appeal in the current research trends in multicultural counselling.

9.1.2 From a Broad Perspective


Some scholars argue for a broad and inclusive definition of multiculturalism
which would include, but not be limited to race, ethnicity, gender, sexual
orientation, religion, socioeconomic status, disability, and other social identities
that differentiate people (Pedersen et al., 2008). For example, there are value
differences pertaining to socio-economic status or social class. These differences
are also recognised as within-group differences. In a multicultural context, the
between-group differences are more noticeable and easily recognised but the
within-group differences are more difficult to be dealt with especially in a
counselling process.

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Among the multi-ethnic groups in Malaysia, there are distinct value differences
between the Malays, Chinese, and Indians. However, among the Malays, there
are also some value differences due to differences in age, gender, religion and
education. For example, older Malays have different values on religion than
younger Malays. Their respective values will affect the way they think, feel and
act.

In the counselling psychology profession, these are among the cultural


ramifications which counsellors need to be aware of. For example, counsellors
often assume that self-disclosure is essential for the therapeutic process to work.
However, in some cultures, it is not acceptable to share personal problems
because this will make the family look bad. Similarly, many Westerners (e.g.,
white Americans) are readily able to talk about their personal lives but many
Asian Americans, Hispanics and Native Americans have been brought up not to
speak until spoken to, especially with the elderly or with figures in authority.

9.1.3 Ethics from a Diversity-sensitive Perspective


So, how do we ethically and effectively help diverse clients in a multicultural
context? This becomes the latest focus in multicultural counselling literature,
especially in developing diversity-sensitive counselling and preparing
multiculturally competent professionals. Diversity-sensitive counselling is a
concept which includes age, culture, disability, education level, ethnicity, gender,
language, physique, race, religion, residential location, sexual orientation,
socioeconomic situation and trauma (Corey et al., 2010).

From this perspective, there is a need for practising counsellors to be


multiculturally competent professionals in order to recognise their practices as
ethical. Due to this, the American Psychological Association has published
specific guidelines in 2003 ă Guidelines on Multicultural Education, Training,
Research, Practice, and Organizational Change for Psychologists (APA, 2003).
These guidelines were designed to aid psychologists as they increase their
knowledge and skills in multicultural education, training, research, practice and
organisational change. The guidelines have six core standards. These are
clustered into five dimensions:

(a) Commitment to Cultural Awareness and Knowledge of Self and Others


Guideline 1:
Psychologists are encouraged to recognise that, as cultural beings, they
may hold attitudes and beliefs that can detrimentally influence their
perceptions of and interactions with individuals who are ethnically and
racially different from themselves.

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Guideline 2:
Psychologists are encouraged to recognise the importance of multicultural
sensitivity/responsiveness to, knowledge of, and understanding ethnically
and racially different individuals.

(b) Education
Guideline 3:
As educators, psychologists are encouraged to employ the constructs of
multiculturalism and diversity in psychological education.

(c) Research
Guideline 4:
Culturally sensitive psychological researchers are encouraged to recognise
the importance of conducting culture-centered and ethical psychological
research among persons from ethnic, linguistic, and racial minority
backgrounds.

(d) Practice
Guideline 5:
Psychologists are encouraged to apply culturally appropriate skills in
clinical and other applied psychological practices.

(e) Organisational Change and Policy Development


Guideline 6:
Psychologists are encouraged to use organisational change processes to
support culturally informed organisational (policy) development and
practices.

Unfortunately, in the multicultural context of Malaysia, there are few specific


guidelines and standards to help psychologists and counsellors provide
multiculturally competent services to a culturally diverse population. It is
envisioned that such guidelines can contribute to better practices and generate
meaningful information towards developing a culture-sensitive model for
counselling a diverse mix of people in Malaysia.

SELF-CHECK 9.1

Discuss how the six core guidelines of Multicultural Education, Training,


Research, Practice, and Organizational Change for Psychologists (APA,
2003) can be implemented in the multicultural context of Malaysia.
Provide examples to support your arguments.

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9.2 ETHICAL ISSUES RELATED TO GENDER


AND RELIGION
Gender and religion are two examples of cultural variables for a particular ethnic
or cultural group. Besides race and ethnicity, gender is another one of the visible
distinguishing traits which denote group membership. The APA dictionary of
psychology (VandenBos, 2007) defines gender as „the psychological, behavioural,
social, and cultural aspects of being male or female (i.e., masculinity or
femininity)‰. PedersenÊs (2000) Model of Intra-personal Cultural Grid views
gender as one of the principal demographic variables besides age, affection
orientation, and physical disabilities, whereas he sees ethnicity as belonging to
the ethnographic variables which also include nationality, religion and language.
The intersection of these variables is the main concern among counsellors and
researchers because it has a significant impact on counselling.

Although religion is sometimes related to ethnicity (e.g., Malay-Muslims)


counsellors must always be prepared to deal with such emerging issues in a
clientÊs presenting problem. In some multicultural contexts, religion is
considered a sensitive issue. Thus, any issue pertaining to religion must be
handled with extra care and the highest level of competency. In particular, when
counselling clients with culturally complex and sensitive issues (e.g., counselling
a married male Malay-Muslim client embracing a gay lifestyle in Malaysia),
counsellors must do extra homework or research to upgrade their multicultural
knowledge and skills so as to enhance their multicultural awareness on those
issues.

So, are you prepared and confident enough to provide counselling services to
clients who are different in gender and religion from you?

A useful tip: Explore your own values, biases, assumptions or stereotypes with
regards to your clientÊs cultural background and presenting problems by
answering the following questions:

(a) Are there any specific attitudes, beliefs, assumptions, and values you hold
which could interfere with your ability to effectively counsel, for example,
gay, lesbian, bisexual, and transgender clients?

(b) What competencies do you think you would need to develop in order to
work effectively with clients from different gender or religion (e.g., sexual
orientation issues)?

(c) If you believe that homosexual relationships are morally wrong, would you
be able to counsel effectively in this area?
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In the US, there are specific guidelines to handle lesbian, gay, and bisexual issues
set by the Association for Lesbian, Gay, Bisexual, and Transgender Issues in
Counselling (ALGBTIC, 2008) which can assist practitioners in personally and
professionally understanding the unique needs of lesbian, gay, bisexual, and
transgender people. These guidelines provide a culture-sensitive framework to
constructively confront the counsellorsÊ assumptions and attitudes pertaining to
sexual orientation and gender identity. But if you are a Malaysian counsellor,
which guidelines would you use in challenging your beliefs and attitudes
regarding sexual orientation? Now, consider the second part of the case.

Counsellors and counselling psychologists have to deal with the reality of


unexpectedness in clientsÊ decisions. Therefore, they have to be aware of their
cultural self and values so that they will not impose their values onto the clients.
Generally, Malay-Muslim counsellors would face some difficulties and
discomfort when dealing with gay or lesbian issues because such lifestyles
violate the norms and values of the general Malay-Muslim population. So, gays
and lesbians become a specialised group of client population in Malaysia. As
such, there is a need for a specialised skills set to ethically and effectively help
them. These skills are known as multicultural counselling competencies (MCCs).

So, how to educate counsellors about concerns of lesbian, gay or bisexual (LGB)
clients? Corey et al. (2010) suggest some strategies including the following:

(a) Before therapists provide mental health services to gay and lesbian people
and their children, they should complete formal, systematic training on
sexual diversity.

(b) A study to assess psychologistsÊ attitudes toward gay and lesbian parenting
found that they held affirming attitudes toward gay and lesbian parenting.

(c) An advantage of inviting people from the LGB community to talk with
students is that the discussion is likely to move from abstract ideas to
dealing with real people and real issues.

(d) Practitioners frequently seek training after they complete their graduate
education concerning working with LGB clients. Among the topics
identified to be included in continuing education are:
(i) Coming out;
(ii) Estrangement from family;
(iii) Support system development; and
(iv) Internalised homophobia.

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144  TOPIC 9 ETHICS IN MULTICULTURAL CONTEXTS

Counselling a client of a different religion can also be challenging especially if


the counsellorÊs religiosity level is high. Current thinking in multicultural
counselling indicates that religion and spirituality needs to be included in
counselling practice. So, how to ethically and successfully counsel clients who are
religiously different from us? Before we answer this question, let us understand
the similarities and differences between religion and counselling as concepts.

(a) Similarities
Both counselling and religion share similar function, i.e., to foster healing
through an exploration of the self: by learning to accept oneself; forgiving
others and oneself; admitting to oneÊs shortcoming; accepting personal
responsibility; letting go of hurts and resentments; dealing with guilt; and
learning to let go of self-destructive patterns of thinking, feeling and acting.

(b) Differences
There are also some key differences between religion and counselling. For
example, counselling does not allow the imposition of counsellorsÊ values
on clients, whereas religion often involves teaching (or preaching) doctrines
and beliefs to which individuals are expected to conform.

So, how to counsel a client with religious inclination?


The following steps may be useful:

(a) Listen carefully in order to be sensitive to the needs of the clients.

(b) Understand the whole situation.

(c) Make an assessment of any discrepancies between the clientsÊ religious


beliefs and their assessment of their behaviours.

(d) Use the clientsÊ own belief system to assist them in reframing their
assessment and thus become true to their own belief system.

It is also suggested that the counsellor should at least:

(a) Recognise and study the significance of religion in personality development;

(b) Be prepared in advance to deal with religious problems as he/she would


with any others; and

(c) Clarify his/her own religious feelings and values to be more aware of the
effect on counselling.

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TOPIC 9 ETHICS IN MULTICULTURAL CONTEXTS  145

9.2.1 Multicultural Counselling Competence


This term has been variously defined in literature. Some view MCCs as a
specialised set of skills needed to effectively counsel diverse clients while
some treat MCCs as generic counselling skills. Historically, MCC refers to a
counsellorÊs:

(a) Beliefs and attitudes regarding racial and ethnic minorities, the need to
check his/her attitudes and beliefs about race, culture, ethnicity, gender
and sexual orientation, or his/her biases and stereotypes, and the
development of a positive orientation toward multiculturalism;

(b) Knowledge of his/her own worldview, knowledge of cultural groups with


whom one works, and knowledge of socio-political influences on members
of these groups; and

(c) Skills, strategies and intervention techniques needed to work with


diverse client groups, including minority groups, within a cross-cultural
counselling context (Sue, Bernier, Durran, Feinburg, Pedersen, & Smith,
et al., 1982).

However, subsequent revisions based on this pioneer model of MCC have


resulted in numerous definitions to conceptualise MCC and a variety of
assessment tools to measure the construct of MCC. A multiculturally competent
counsellor is generally known as a counsellor who has the following core
characteristics:

(a) Awareness of own assumptions, values and biases;


(b) Understanding the worldview of the culturally different client; and
(c) Developing appropriate intervention strategies and techniques (Sue,
Arredondo & McDavis, 1992).

The need for MCCs among counsellors in multicultural contexts has been
recognised in existing literature, especially in the education and training of
counsellors. Therefore, most counsellor education programmes in multicultural
contexts such as the US, Australia and Malaysia have included multicultural
courses in the curriculum. Yet, it has been argued that merely including these
courses is not sufficient to develop multiculturally competent counsellors. Some
scholars argue for the need to infuse them in the overall programme across
courses and levels of education.

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146  TOPIC 9 ETHICS IN MULTICULTURAL CONTEXTS

9.2.2 Ethics in Counselling Culturally Different Clients


Different clients from diverse cultures have different needs for counselling.
Thus, it is not easy to accommodate all their needs if they come from a different
cultural background. For example, it is generally assumed that if the counsellor is
a male Malay-Muslim, counselling a male Malay-Muslim client would be easier
than counselling a female Malay-Muslim, or a male Chinese-Buddhist client.

However, this is not always true because every person has unique needs
irrespective of the cultural background. This explains why most researchers and
scholars prefer to view multicultural counselling from a broad perspective to
address not just the between-group but within-group differences which exist
among individuals and groups.

Therefore, in order to be ethically and effectively successful in dealing with


clients in a multicultural society, counsellors must have MCCs. In particular, they
must have these six inter-related dimensions:

(a) Multicultural awareness (beliefs and attitudes): Practitioners who counsel


ethnic and clients from minority groups without an awareness of their own
stereotypical beliefs can easily cause harm to their clients. Therefore, they
are expected to become aware of their own attitudes and biases which can
interfere with cultural competence.

(b) Multicultural knowledge: Counsellors must be knowledgeable of his/her


own worldview.

(c) Multicultural understanding: Counsellors must be understanding of his/


her own worldview.

(d) Multicultural skills: Counsellors develop proper skills, intervention


techniques, and strategies necessary in serving diverse client groups.

(e) Multicultural experiences in dealing with culture and diversity.

In view of the importance to address multicultural and diversity issues,


especially in multicultural contexts, numerous MCC concepts have been infused
into the 2005 ACA Code of Ethics to highlight the importance of becoming a
culturally competent counselling professional in todayÊs globalised world.
Among the sections which address issues of multiculturalism and diversity are:

(a) Counselling relationship;


(b) Informed consent;
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TOPIC 9 ETHICS IN MULTICULTURAL CONTEXTS  147

(c) Bartering;
(d) Accepting gifts;
(e) Confidentiality and privacy;
(f) Professional responsibility;
(g) Assessment and diagnosis;
(h) Supervision; and
(i) Education and training programmes.

How do we work with clients who differ from us? Corey et al. (2010) suggested
five steps. These are:

(a) Be trained in multicultural perspectives, both academic and experiential.


(b) Agree with the client to develop a working therapeutic relationship.
(c) Be flexible in applying theories and techniques to specific situations.
(d) Be open to being challenged and tested.
(e) Be aware of your own value system, of potential stereotyping and any
traces of prejudice, and of your cultural counter transference.

SELF-CHECK 9.2

1. How would you define the term „multicultural competence‰?


2. What are the characteristics of a multiculturally competent
counsellor?
3. How to ethically counsel a religiously different client?

9.3 ETHICAL ISSUES RELATED TO OTHER


CULTURAL ASPECTS
The previous section has shown the importance of understanding differences
in gender and religion to be multiculturally competent counsellors and
professionals. However, there are other cultural variables which counsellors need
to be aware of. These include age, social class, education, sexual orientation and
disability. This means counsellors must be prepared and confident to provide
counselling services to clients who come from:
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148  TOPIC 9 ETHICS IN MULTICULTURAL CONTEXTS

(a) Different age groups;


(b) Different socio-economic status or social class;
(c) Different education level; and
(d) Different sexual orientation such as:
(i) Gays;
(ii) Lesbians;
(iii) Bisexuals; and
(iv) Transgenders.

Let us now study one case example which involves an intersection of several
cultural variables such as gender, age group, education level, and socioeconomic
status.

The Case of Mr M
Mr M is a 65-year old pensioner who has intense anger towards the Malaysian
government regarding social justice issues. He blames the government for his
previous difficulties in life. He experienced racism and oppression during
schooling and employment years. He also feels very angry when the pension
money he receives from the government is insufficient to support him or his
family in the current economic recession. Blaming the government makes him
feel good and this has reinforced his anger and made him an abusive person
even towards his family and friends. Sometimes, when he sees a person from a
different cultural background, he verbally abuses him/her without any
particular reason. This behaviour has caused many problems to his wife and
daughters, and they have decided to bring him to you.

(a) List the potential age and cultural issues in this case. How would you
address each of these issues?

(b) How would you respond to the clientÊs experiences of racism and
oppression in his schooling and employment years which left an impact on
his current thinking, feeling and behaviour?

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TOPIC 9 ETHICS IN MULTICULTURAL CONTEXTS  149

(c) Are you confident and prepared to deal with the following:
(i) An elderly client?
(ii) Issues on culture and diversity?
(iii) Issues on power differential between the client and counsellor?
(iv) Issues on ethnic politics in Malaysia?

The first step in acquiring multicultural counselling skills is for counsellors to


become involved in a self-exploratory and constructive confrontation process to
help identify their own values, beliefs, biases and stereotypes. Experiential
learning through the process of socialisation and continuous education can also
help counsellors increase their self-awareness and develop a sense of empathy
towards clients from culturally diverse backgrounds. Sometimes, continuous
reading, surfing the Internet and participating in professional development
activities can also enhance counsellorsÊ multicultural competence.

ACTIVITY 9.2

Discuss some strategies on how to increase counsellorsÊ self-awareness


and knowledge regarding culture and diversity in the socio-political
context of Malaysia. Provide examples where necessary.

 The term multiculturalism is a generic term which indicates any relationship


between and within two or more diverse groups.

 Cultural diversity refers to the spectrum of differences which exists among


groups of people with definable and unique cultural backgrounds.

 Multicultural counselling is a helping role and process which uses


approaches and defines goals consistent with the life experiences and
cultural values of clients, balancing the importance of individualism versus
collectivism in assessment, diagnosis and treatment.

 Diversity refers to individual differences such as age, gender, sexual


orientation, religion and physical ability or disability.

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150  TOPIC 9 ETHICS IN MULTICULTURAL CONTEXTS

 Diversity-sensitive counselling is a concept which includes age, culture,


disability, education level, ethnicity, gender, language, physique, race,
religion, residential location, sexual orientation, socioeconomic situation and
trauma (Corey et al., 2010).

 The APA dictionary of psychology defines gender as „the psychological,


behavioural, social and cultural aspects of being male or female (i.e.,
masculinity or femininity)‰.

 Different clients from diverse cultural contexts have different needs for
counselling.

 Counsellors must be prepared and confident to provide counselling services


to clients who come from different age groups, different socio-economic
status or social class, different education levels and different sexual
orientation.

Cultural diversity Multicultural knowledge


Diversity Multicultural skills
Diversity-sensitive counselling Multiculturalism
Education level Organisational change and policy
development
Gender
Racism and oppression
Lesbian, gay, and bisexual (LGB)
Religion
Multicultural awareness
Sexual orientation
Multicultural competence
Socioeconomic status
Multicultural counselling
Multicultural education and training

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TOPIC 9 ETHICS IN MULTICULTURAL CONTEXTS  151

American Counselling Association. (2005). ACA code of ethics. Retrieved from


www.counseling.org/Resources/CodeOfEthics/TP/Home/CT2. aspx

American Psychological Association. (2003). Guidelines on multicultural


education, training, research, practice, and organizational change for
psychologists. American Psychologist, 58(5), 377ă402.

Association for Lesbian, Gay, Bisexual and Transgender Issues in Counseling.


(2008). Competencies for counselling gay, lesbian, bisexual and
transgendered (GLBT) clients. Retrieved from http://www.algbtic.org/
resources/competencies.html

Corey, G., Corey, M. S., & Callanan, P. (2010). Issues and ethics in the helping
professions (8th ed.). Belmont, CA: Brooks.

Hofstede, G. (2001). CultureÊs consequences: Comparing values, behaviours,


institutions, and organizations across nations (2nd ed.). Thousand Oaks,
CA: Sage.

Lehman, d. R., Chiu, C.-y., & Shaller, M. (2004). Psychology and culture. Annual
Review Psychology, 55, 689ă714.

Pedersen, P. B. (2000). A handbook for developing multicultural awareness.


Alexandria, VA: American Counselling Association.

Pedersen, P. B. (2008). Ethics, competence, and professional issues in cross-


cultural counseling. In P. B. Pedersen, J. G. Draguns, W. J. Lonner & J. E.
Trimble (Eds.), Counseling across cultures (6th ed., pp. 5ă20). California,
CA: Sage.

Sue, D. W., Arredondo, P., & McDavis, R. J. (1992). Multicultural counseling


competencies and standards: A call to the profession. Journal of
Counselling and Development, 70, 477ă486.

Sue, D. W., Bernier, J. E., Durran, A., Feinburg, L., Pedersen, P., Smith, E. J., et al.
(1982). Position paper: Cross-cultural counselling competencies. The
Counseling Psychologist, 10, 45ă52.

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152  TOPIC 9 ETHICS IN MULTICULTURAL CONTEXTS

Watson, Z. E. P., Herlihy, B. R., & Pierce, L. A. (2006). Forging the link between
multicultural competence and ethical counseling practice: A historical
perspective. Counseling and Values, 50(2), 99ă107.

Whaley, A. L., & Davis, K. E. (2007). Cultural competence and evidence-based


practice in mental health services: A complementary perspective. American
Psychologist, 62(6), 563ă574.

VandenBos, G. R. (Ed.). (2007). APA dictionary of psychology. Washington, DC:


American Psychological Association.

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Topic  Psychologists
10 and
Community
LEARNING OUTCOMES
By the end of this topic, you should be able to:
1. Define the terms „community‰ and „community work‰;
2. Discuss psychologistsÊ responsibility to the community based on
several codes of ethics;
3. Discuss social justice and advocacy as current focuses in the
communityÊs mental health work;
4. Discuss various roles of psychologists in a community setting;
5. Discuss the communityÊs rights and diverse needs; and
6. Translate the understanding of community counselling into solving a
counselling case according to your individualised approach.

 INTRODUCTION
As discussed in Topic 9, counselling in a multicultural context can be challenging
because clients who come from diverse cultural groups may have different
counselling needs. In most collectivist societies or cultures, community plays an
important role in the psychological growth and development of a client.
Therefore, psychologists and other mental health professionals should be
knowledgeable about the doÊs and donÊtsÊ in doing community work based on
ethical standards, community law and regulations.

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154  TOPIC 10 PSYCHOLOGISTS AND COMMUNITY

This topic discusses psychologistsÊ work in a community with a focus on ethical


issues in community work. It begins with defining some key terminology involved
in community mental health services. Then, a discussion of a psychologistÊs role
follows. This topic also explores the current focuses in community counselling to
be consistent with the communityÊs rights and regulations. To ensure that we have
a better understanding regarding community work among psychologists, a
practical approach to solving community-based case scenario is included in this
topic.

ACTIVITY 10.1

How familiar are you with the resources that exist in your community?
Would you know where to refer clients with special needs? Investigate
a community mental health centre in your area and find the answers to
questions such as these:

(a) Where would I send a family who need help?


(b) Where would I send a family who has a child with a learning or
developmental disability?
(c) Where would I refer a couple seeking help for relationship
problems?
(d) What website resources would I recommend?
(e) What facilities are available to treat drug and alcohol abuse?
(f) Is crisis intervention available?
(g) Are health and medical services available at the centre?
(h) Is individual counselling available? For whom? At what fee?
Long-term? Short-term?
(i) Are hotline services available for people in crisis?

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TOPIC 10 PSYCHOLOGISTS AND COMMUNITY  155

10.1 PSYCHOLOGISTS’ RESPONSIBILITY TO


COMMUNITY
Homan (2008, as cited in Corey et al., 2010) defines the term community as
follows:

A community is a number of people who share a distinct location, belief,


interest, activity, or other characteristics that clearly identify their
commonality and differentiate them from those not sharing it.

Corey et al. (2010) further define the term community agency to „include any
institution ă public or private, nonprofit or for-profit ă designed to provide a
wide range of social and psychological services to the community‰ (p. 511).

Community workers include, but are not limited to, a diverse pool of human-
service workers such as psychologists, social workers, psychiatrists, counsellors,
couples and family therapists, community developers, among many others
whose primary duties include providing services to individuals within the
community.

Working in a community requires specific competencies because the nature of


work, the prospective clients, and the community context are all inter-connected.
The standards for counselling clients in a community setting have been endorsed
in most codes of ethics (e.g., Australian Psychological Society Ethical Guidelines).
This will be discussed further in the next subtopic. Therefore, mental health
professionals such as psychologists and counsellors must know their multiple
roles and be aware which role is appropriate for a certain case or client.

10.1.1 Ethical Practice in Community Work


In many codes of ethics, there are guidelines for providing counselling or
psychological services to individuals in a community. For example, the
PERKAMA Code of Ethics (1994) have documented several responsibilities of a
counsellor towards a community. These include:

(a) Understanding and respecting the socio-cultural aspects of the community


where he or she works; and

(b) Complying with laws and performing work in accordance with the
respective laws.

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156  TOPIC 10 PSYCHOLOGISTS AND COMMUNITY

The ACA Code of Ethics (2005) provides examples of counsellorsÊ responsibilities


when working in a community:

Examples of potentially beneficial interactions include, but are not limited to,
attending a formal ceremony (e.g., a wedding/commitment ceremony or
graduation); purchasing a service or product provided by a client or former
client (excepting unrestricted bartering); hospital visits to an ill family
member; mutual membership in a professional association, organization, or
community. (See A.5.c.)

In Australia, the APS has prepared specific guidelines for psychological practice
in rural and remote settings to assist psychologists with an interest in
psychological practice outside the major capital cities and regional centres of
Australia (Australian Psychological Society, 2009). The guidelines acknowledge a
number of dimensions of difference between rural and urban practice in
psychology. It was stated in the guideline that the four most commonly cited
ethical issues confronting rural and remote practitioners are (Australian
Psychological Society, 2009):

(a) Limits to competence in a broad range of domains, especially when


working with indigenous clients;
(b) Boundary management;
(c) Confidentiality; and
(d) Professional (as well as personal) isolation.

In most developed countries such as the US, Australia and Britain, community
counselling is widely recognised and practised for quite some time (Loewenthal
& Rogers, 2004; Lewis, Lewis, Daniels and DÊAndrea, 2003). The American
scholars define the term „community counselling‰ as follows:

A comprehensive helping framework of intervention strategies and services


that promotes the personal development and well-being of all individuals
and communities (Lewis et al., 2003).

There are four facets of comprehensive community counselling programmes


offered in the US context and these are:

(a) Direct community services ă preventive education;


(b) Indirect community services ă influencing policymakers;

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TOPIC 10 PSYCHOLOGISTS AND COMMUNITY  157

(c) Direct client services ă focuses on outreach activities; and


(d) Indirect client services ă client advocacy.

This variety of services and focuses indicate that community counselling has
become a specialised area of practice in the American context. The following
characteristics are some of the basic characteristics or competencies needed for
practitioners to excel in community counselling (outlined by Corey et al., 2010):

(a) Familiar with resources within the community that they can refer clients to,
when necessary;
(b) Have basic knowledge of the cultural background of their clients;
(c) Possess skills that can be used as needed by clients;
(d) Have the ability to balance various roles as professionals;
(e) Are able to identify and work with professionals and non-professionals in
the community who have the ability to be agents of change in the
community;
(f) Willing to be advocates for policy changes in the community; and
(g) Have the ability to connect with the community and connect community
members with each other.

Community counselling in Malaysia is still in its early stages of development. It


was first introduced by a variety of non-profit organisations such as The
Befrienders and Agape Counselling Center but has started receiving considerable
attention from the Malaysian Board of Counsellors and the government (See and
Ng, 2010). The types of community counselling services currently available in
Malaysia are:

(a) Telephone counselling;


(b) Face-to-face counselling; and
(c) Support groups.

Most of these services are conducted by para professionals but recently there has
been a growth in the number of licensed practitioners or service providers
working in community settings (See & Ng, 2010). This shows that the importance
of community counselling is now visible among local communities in Malaysia.
With this development, professionals have to be well-prepared and competent to
perform their duties based on their multiple roles. This will be further discussed
in the next subtopic.

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158  TOPIC 10 PSYCHOLOGISTS AND COMMUNITY

10.1.2 Psychologists’ Professional Responsibility:


Social Justice and Advocacy
The APS Guidelines for psychological practice in rural and remote settings state:

Research and anecdotal evidence from Australia and overseas suggest that
residing and working in small communities can present both opportunities
and challenges. Psychologists working in rural and remote communities are
likely to operate as generalist practitioners with the potential to offer holistic,
lifespan support to community members. However, the lack of anonymity in
small communities where everyone may know, or know of, everyone else, can
challenge professional practice in ways not commonly encountered in urban
settings (Guideline 2.1).

In light of the above excerpt, standard B.3. Professional responsibility of the APS
Code of Ethics (2007) still applies to community psychologists and counsellors in
the Australian context:

B.3. Psychologists provide psychology services in a responsible manner. With


regard to the nature of the psychology services they are providing,
psychologists should:
(a) Act with the care and skill expected of a competent psychologist;
(b) Take responsibility for the reasonably foreseeable consequences of their
conduct;
(c) Take reasonable steps to prevent harm occuring as a result of their
conduct;
(d) Provide psychology service only for the period when those services are
necessary to the client;
(e) Are personally responsible for the professional decisions they make;
(f) Take reasonable steps to ensure that their services and products are used
appropriately and responsibly;
(g) Are aware of, and take steps to establish and maintain proper
professional boundaries with clients and colleagues; and
(h) Regularly review the contractual arrangements with clients and, where
circumstances change, make relevant modifications when necessary with
the informed consent of the client.

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TOPIC 10 PSYCHOLOGISTS AND COMMUNITY  159

Based on the Code, the psychologistÊs own attitude and intent are critically
important to ethical decision-making in complex situations most likely to be
encountered in small communities. Therefore, rural and remote practitioners
need to have a clear understanding regarding their community work and should
always cross-check their intent and application with the Code and the
Guidelines.

PsychologistsÊ roles are dependent on the focuses in the community mental


health work. These focuses can be viewed from two perspectives: social justice
and advocacy. The underlying assumption for the social justice movement lies in
the notion that everyone has a right to equitable treatment and fair allocation of
societal resources, including decision making (Corey et al., 2010). The social
justice perspective has now become a focus in multicultural counselling literature
because it involves thinking about the therapeutic process and ethics beyond a
traditional framework. (NOTE: Traditional framework of counselling views
counselling as a one-to-one, in the office setting, and the assumption that the
problems a client presents to counselling originate within him or her only.)

Advocacy is a behavioural outcome of a social justice perspective. It is defined as


a professional practice intended to identify and intervene in social policies and
practices which have a negative influence on the mental health of disadvantaged
or marginalised clients on the basis of social status. To ethically and effectively
perform social justice advocacy requires a set of competencies. These
competencies are needed to serve clients at three levels of advocacy
interventions:

(a) The individual client/student level;


(b) The community/school level; and
(c) The public/societal level.

This means that the focus of advocacy is providing a supportive environment for
the client, which directly contributes to his or her psychological growth.

10.1.3 Psychologist Role in a Community Setting


When working in a community setting, a psychologistÊs role is broadened to
include six alternative roles:

(a) Change agent;


(b) Consultant;

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160  TOPIC 10 PSYCHOLOGISTS AND COMMUNITY

(c) Adviser;
(d) Advocate;
(e) Facilitator of indigenous support systems; and
(f) Facilitator of indigenous healing systems.

Community counselling practitioners also have certain duties and these involve
the following (Corey et al., 2010):

(a) Ability to support community needs;


(b) Develop partnerships in creation and delivery of services;
(c) Promote community organisation and development of activities;
(d) Outreach;
(e) Develop strategies to empower the community;
(f) Consultation with community agencies;
(g) Evaluating human services programmes;
(h) Advocate and assist with initiatives; and
(i) Develop and build community assets.

We have learnt about psychologistsÊ responsibilities to community and these


responsibilities are quite diverse to suit the needs of various groups of people.
Therefore, community counsellors and psychologists must be well prepared
and confident to deal with a diverse population in a specific community setting.
They must know the communityÊs rights too. So, the following subtopic discusses
community rights in detail.

SELF-CHECK 10.1

Reflect on how psychologists can develop an ethically competent


practice in community work with diverse clients.

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TOPIC 10 PSYCHOLOGISTS AND COMMUNITY  161

ACTIVITY 10.2

The first URL links you to one of the community counselling centres
in Ohio in the United States. The second URL links you to one of the
community centres in Perth, Australia. Read the information posted on
client rights and try to compare and contrast the information from the two
multicultural countries. Be prepared to discuss them with your
coursemates and tutor during the next tutorial meeting.

http://www.cccohio.com/policy/client_rights.php

http://www.centrecare.com.au/about/clientsrightsandresponsibilities/

10.2 COMMUNITY’S RIGHTS


You have been given a glimpse of client rights in a community counselling centre
in the US. In Australia, community rights and responsibilities (as stated in the
official website of the Department of Health and Ageing, Australia) are briefly
but clearly expressed. The excerpt is as follows:

(a) The community has the right to be informed and educated so that public
awareness of mental health issues will be enhanced; and
(b) The community has the right to be protected from severe harassment or
undue intrusion by people who have mental health problems or mental
disorders.

In line with the principles of social justice the community has a responsibility
to:
(a) Treat people who have a mental health problem or mental disorder with
dignity and respect; and
(b) Accept community based programmes of care, treatment, rehabilitation,
employment and accommodation for people who have a mental health
problem or mental disorder.

Source: Mental health: statements of rights and responsibilities, retrieved from


http://www.health.gov.au/internet/publications/publishing.nsf/Content/mental-
pubs-m-rights-toc~mental-pubs-m-rights-com on August 22, 2011

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162  TOPIC 10 PSYCHOLOGISTS AND COMMUNITY

So, clients receiving community counselling services have the right to be


informed before consenting to education on care, treatment and rehabilitation
approaches, and to be protected from any harm and mistreatment.

10.2.1 Rights for Advocacy


There are a wide range of advocacy services that a community can access from
any community counselling centre. For example, the main services may include:

(a) Community legal advice and assistance (e.g., legal advice regarding
domestic violence);

(b) Tenancy support (e.g., community services for homeless people);

(c) Financial advice (e.g., emergency relief and possible government


assistance);

(d) Job seeking assistance (e.g., writing resume and preparing for job
interviews);

(e) Multicultural support (e.g., community education and The Family Friends
Programme);

(f) Individual and family support (e.g., family links, family mental health care,
and family relationships, education and skills training)

(g) Alcohol and other drug support services (e.g., community drug service
team); and

(h) Youth support (e.g., Youth Development Holiday Programme, Youth


Employment and Life Skills Programme, and parent teen link).

Advocacy services are more attractive to clients in a rural community, clients


from minority ethnic groups, clients from disadvantaged or marginalised or
oppressed groups, and clients from disabled and elderly groups. Therefore,
community psychologists or counsellors need to be aware and knowledgeable of
their needs for advocacy, and be able to provide advocacy services to suit their
clientsÊ needs. Sometimes, after the clients have received advice and assistance
through advocacy services, they may feel the need for a more personalised
service such as counselling. This is further discussed below.

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TOPIC 10 PSYCHOLOGISTS AND COMMUNITY  163

10.2.2 Rights for Counselling


As a community, individuals have the right to counselling to enhance their
mental health well-being. However, community counselling practitioners must
be creative and proactive to attract clients from their community because of
societal stereotypes towards mental disorder and those who are suffering from
mental health issues. Therefore, community counsellors, for example, have to use
a reach-out strategy instead of wait-and-see method, to educate clients regarding
the need for and benefits of counselling for individual growth and functioning
instead of simply assuming that all in the community are literate regarding
mental health, and to promote counselling services through diverse media
instead of doing nothing.

There are a wide range of counselling services available at community


counselling centres and these include:

(a) Family counselling;


(b) Financial counselling;
(c) Adolescent counselling;
(d) Counselling for children; and
(e) Drought counselling.

However, the following case study describes a situation encountered by Swee


Lian, a community counsellor in Malaysia (Aga Mohd Jaladin, 2011). The case
involved a single mother client who was in need of financial advocacy and
counselling services.

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164  TOPIC 10 PSYCHOLOGISTS AND COMMUNITY

The Case of Swee Lian


But that particular kind of client also a Chinese but she mixed. Her parents are
a mixture. OK. But she is not Bumiputera. She talks a lot. Yeah, she talks a lot
about her non satisfaction about the government and politics. I deal with her
fine. She talked about her children you know which got straight As but
couldnÊt enter the university the local university. CouldnÊt get anything you
know. Then, sheÊs a single mum. She has to really „gadai‰ (pawn) or whatever
just to get her son go to the university overseas. ItÊs quite terrible for her. I
understand that. But, I help her to understand that .. I have to accept her
frustrations. I just let her release her emotions. I help her to release her
emotions and a shoulder to cry on. How difficult she has worked for her son ă
her son first, her daughter next. Then, her core issues ă of course she can
complain a lot about the educational, the quote, whatever the quota or
whatever ă but, the basic issue is, it is not easy to cope as a single mother. Her
childrenÊs educations are all overseas you know. „Pandai belajar‰ (clever)
some more. Her unability (inability) to cope maybe couple with her unability
(inability) to ask for help. Ha, yes. Yes. I help her to set up (pause) to
acknowledge her support system where she can get help. So, finally, one day
she came to me after I think we ended our sessions many years ago. After I
think two or three years later, oh! No No, after one and a half year later, she
called me during Chinese New Year and said, I got help you know and what a
surprise! She got help from one of the government agencies. You know. I
asked her out of curiosity, do you really hate the government? „No. No, I
donÊt‰. Then, it really tested my theory. It was not about the country. Really!
ItÊs about how .. I think everybody got a fair chance. You just need to work
harder when you are not having that special status, you need to work harder
and look for theright link, then you get help.

A close examination of this example reveals a complex reality of having multiple


social identities (mixed-race, a non-Bumiputera, female, being a single mother
and being poor) which intersect with individuals, organisations, and society in
the socio-political context of Malaysia because power imbalances are associated
with not only race/ethnicity but gender, socioeconomic status and life
experiences. To be able to effectively respond to power differential issues due to
these multiple social identities, the counsellor in this example had to use several
culturally-sensitive skills and strategies such as the following:

(a) Demonstrating her cultural empathy by using active listening skills


because she was aware of her multicultural upbringing nd personal life
experience as a non-Bumiputera during her schooling years, who was also
being discriminated by her own ethnic group because her father was a
government servant:

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TOPIC 10 PSYCHOLOGISTS AND COMMUNITY  165

Yes. IÊm not saying that you know because my dad is the government
servant, then I got ă not a scholarship ă I got the ă not sponsorship ă itÊs the
scholarship, I mean the loan la from JPA, not because of that. But, well, my
dad served his service. He also worked hard but not many Chinese wanted
to become the army and you (the Chinese) look down at my father, I mean
during my years.

(b) Having cultural knowledge and deep understanding of the clientÊs


background and her presenting problems;

(c) Having background knowledge on available government services and


agencies to meet the clientÊs needs;

(d) Constructively confronting the clientÊs personal biases and political beliefs
to help the client understand the „real‰ problem better; and

(e) Becoming a culturally-skilled helper because she used her cultural


background and knowledge to re-educate her client regarding ethnic
politics and to help her client set up her support system.

The counsellorÊs qualities, self-awareness, knowledge, understanding,


background experience and cultural skills have an impact in her counselling
approach, hence contribute to her multicultural competence.

Overall, this topic has discussed some issues involving psychologistsÊ work with
communities. Psychologists have a number of professional responsibilities
towards their clients, both as an individual as well as a community member. So,
community psychologists and counsellors, especially those who are working in
rural or remote settings, have to be aware of communtiy issues. They also need to
have a wide base knowledge regarding ethics, a mature and reflective
understanding of specific ethical guidelines and specialised skills to work well
with members of a community in specific cultural contexts.

SELF-CHECK 10.2

Discuss community rights for advocacy and counselling services in the


specific cultural context of Malaysia. Provide an example (a hypothetical
case scenario) to support your discussion.

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166  TOPIC 10 PSYCHOLOGISTS AND COMMUNITY

 A community is a number of people who share a distinct location, belief,


interest, activity, or other characteristics that clearly identify their
commonality and differentiate them from those not sharing it.

 Working in a community requires specific competencies because the nature


of work, the prospective clients, and the community context are all inter-
connected.

 In many codes of ethics, there are guidelines for providing counselling or


psychological services to individuals in a community

 Psychologist roles are dependent on the focuses in the community mental


health work.

 Community counsellors and psychologists must be well prepared and


confident to deal with a diverse population in a specific community setting.

 As a community, individuals have the right to counselling to enhance their


mental health wellbeing.

 Community counselling practitioners must be creative and proactive to attract


clients from their community because of societal stereotypes towards mental
disorders mentally and those who are suffering from mental health issues.

Boundary management Disadvantaged/marginalised clients


Community Face-to-face counselling
Community agency Indirect client services
Community counselling Indirect community services
Community counselling practitioners Professional isolation
Community worker Rural and remote practitioners
Culturally-skilled helper Social advocacy
Direct client services Support groups
Direct community services Telephone counselling

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TOPIC 10 PSYCHOLOGISTS AND COMMUNITY  167

American Counselling Association. (2005). ACA code of ethics. Retrieved from


www.counseling.org/Resources/CodeOfEthics/TP/Home/CT2.aspx

Australian Government (n.d.). Department of Health and Ageing. Retrieved from


http://www.health.gov.au/internet/publications/publishing.nsf/Content
/mental-pubs-m-rights-toc~mental-pubs-m-rights-com

Australian Psychological Society. (2007). APS code of ethics. Retrieved from


http://www.psychology.org.au/Assets/Files/Code_Ethics_2007.pdf

Australian Psychological Society. (2009). Ethical guidelines (9th ed.). Melbourne,


Australia: The Australian Psychological Society Ltd.

Corey, G., Corey, M. S., & Callanan, P. (2010). Issues and ethics in the helping
professions (8th ed.). Belmont, CA: Brooks.

Lembaga Kaunselor. (1999). Kod etika kaunselor. Kuala Lumpur, Malaysia:


Percetakan Lembaga Kaunselor.

Lewis, J. A., Lewis, M. D., Daniels, J. A., & D'Andrea, M. J. (2003). Community
counseling: Empowerment strategies for a diverse society (3rd. ed.).
Belmont, CA: Brooks/Cole, Cengage Learning.

Loewenthal, K. M., & Rogers, M. B. (2004). Culture-sensitive counselling,


psychotherapy and support groups in the orthodox-jewish community:
How they work and how they are experienced. International Journal of
Social Psychiatry, 50(3), 227ă240.

Aga Mohd Jaladin, R. (2011). Professional counsellors' understanding and


practice of multicultural counselling in Malaysia. Unpublished Doctoral
dissertation. Monash University, Australia.

See, C. M., & Ng, K.-M. (2010). Counselling in Malaysia: History, current status,
and future trends. Journal of Counselling and Development, 88(1), 18ă22.

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