An Ethics Overview: Common Violations and the Potential Consequences

Ethical regulations in Counseling are put in place to ensure the safety of the public and verify that Counselors uphold the highest standards for the profession. In addition to prioritizing the welfare of clients and making certain that Counselors are held accountable for their actions, comprehensive codes of ethics, including the NBCC Code of Ethics, have been established to set professional boundaries, ensure competency and confidentiality, help build trust between Counselors and their clients, and explain disclosure procedures, among other safeguards for both Counselor and client.

“We want to make sure that individuals seeking Professional Counseling are protected from any undue harm, any situation or circumstance that falls outside of the scope of how the work should be done, and how Counselors are trained in terms of what we’re taught, to make sure that Counselors and the public are protected,” says Brenden Hargett, PhD, NCC, MAC, LCMHC, LCAS, NBCC’s Vice President of Operations and Director of Ethics.

“Codes of ethics are the parameters that provide the scope of how the work should be done within them. These regulations also inform the public as to what credential holders should or should not do, and how Counselors should conduct themselves.”

Accordingly, when a Counselor commits an ethical violation, there are consequences. Common infractions include, but are not limited to, the following:

• relationship boundaries (e.g., sexual relationship, having a multiple relationship)
• breaching confidentiality
• failing to obtain informed consent
• reporting inadequate or incorrect documentation
• billing improperly
• misrepresenting credentials
• practicing outside the scope of care
• failure to disclose any prior, current, or pending charges, including complaints, indictments, and other legal or court matters, within a specified period

“When someone moves outside of those parameters, it has the potential to create many types of harm,” Dr. Hargett says. “When they don’t carry out the full expectations of the profession and the credential(s) they hold, Counselors can potentially be issued sanctions because of those violations.”

Depending on the credentialing or licensing body, sanctions may include probation, suspension, or a combination of the two. Counselors may be required to enroll in academic courses or training, and egregious violations may result in revocation of the credential. Counselors whose credentials have been revoked may be able to reapply after an extended period, but in some instances, the revocation may be permanent.

“Revocation is the ultimate removal of the credential from this person’s platform,” and at that point, these individuals are no longer allowed to list a particular credential with their qualifications, Dr. Hargett says. “They typically must go through a significant process in order to show that they are worthy of having the credential again,” he says, adding that there is no guarantee that the individual will regain it.

Trends in violations tend to be similar among state licensing boards and credentialing bodies, Dr. Hargett says. Boundary issues such as multiple relationships, particularly physical ones, remain a concern.

“Because of the nature of counseling, it’s very intimate in terms of engagement with someone, and there’s always the potential to cross those boundaries. Unfortunately, it happens, and it causes harm to other individuals,” he says, also noting that some clients may not realize these relationships are an ethical violation. “All of this is framed in the initiation of the counseling relationship,” he says, adding that a Counselor’s professional disclosure statement or informed consent should outline the parameters of those relationships within the context of counseling. Obtaining this informed consent is essential for potential clients to fully understand a Counselor’s ethical and legal duties and limitations to determine whether it is a suitable course of action for them.

Working outside of the scope of practice is another common ethical infraction. “A Counselor may have not been trained specifically to do a certain type of work—substance use treatment, for example—but yet they’re doing it,” Dr. Hargett says. Confidentiality and fraudulent billing are also among top ethical concerns. Currently, only a small percentage of violations are associated with social media, but as these public platforms evolve, Counselors may not initially realize the potential results of sharing or commenting on content that is objectionable or offensive, including posts that may disparage the profession itself.

Counselors should strive to remain informed and be better prepared regarding ethical regulations by adhering to what they’ve learned in their Counselor Education program, during supervision, and through continuing education, says Dr. Hargett, who is also an Adjunct Professor of Counselor Education at North Carolina Agricultural and Technical State University. “In my role as a faculty member, I’m trying to make sure Counselors-in-Training understand that these ethical concerns are things that you should think about in the practice of their work, and how to avoid these violations.” Good supervision is also invaluable as they learn to conduct themselves as Professional Counselors, he says.

Maintaining professional liability insurance is another way that Counselors can protect themselves and be prepared for any ethical risks. NBCC has partnered with CM&F Group to offer discounts on liability insurance for Counselors, Supervisors, and Counselor Education students.

Additionally, state licensure boards and credentialing bodies are poised to answer ethics questions and provide current information.

“As professionals, we’re required to obtain continuing education units within a credentialing cycle to retain the credential or certification; that keeps us updated as to what’s happening in the profession. If Counselors, Supervisors, and Counselors-in-Training participate, follow, and adhere to codes of ethics and what they’ve learned, they’re in a much better place to avoid violations.”

You can read the NBCC Code of Ethics here.
More information about CM&F professional liability insurance for Counselors can be found here.