LEGAL AND ETHICAL ISSUES WITH CRISES
Counselors must make quick decisions in crises. There are legal and ethical issues that may arise in these situations. The counselor should know the surrounding emergency resources in the area, find colleagues who are accessible for consultation in emergencies, know what the laws and policies are regarding the situation, have experiences that heighten his/or her knowledge of these circumstances, and only practice in areas he/or she is experienced in.
Legal and ethical issues typically include confidentiality, involuntary commitment, and informed consent:
1. Confidentiality - it is ethically unacceptable and illegal for a counselor to break confidentiality unless the case is about child abuse, the client needs protection, or the client is suicidal. However, the counselor should not break confidentiality without permission from the client.
2. Involuntary commitment - it is only legal for a client to be involuntarily committed if he/or she is a threat to either himself/or herself or somebody else because of a mental illness, a severe disability, or an inability to provide food, housing, or clothing for oneself. It is only acceptable to involuntarily commit someone if that person has already tried other less extreme forms of treatment.
3. Informed consent - a client cannot give informed consent unless he/or she is aware of the affects of the chosen treatment and other treatments that are available. The client must also be able to make this knowledgeable decision voluntarily.