Ethical and legal issues in group counseling

Legal and ethical issues involved in group work are reviewed and discussed. Variations in different professional ethics codes are discussed. Recommendations for consideration by group leaders are made.     

Ethical and legal issues in conducting research involving elderly subjects

Older people are increasingly the focus of biomedical and behavioral research not only because the elderly constitute the fastest growing segment of our population but because there is a societal concern to improve the elderly's quality of life. The profound need to advance that research carries with it an equally profound obligation to protect the rights and welfare of elderly research subjects, and thus raises difficult ethical and legal issues. Against a background of foundational principles for the protection of human subjects, we discuss whether older subjects should be treated as a special class, the ethical and legal issues over informed consent, capacities for consent, and special problems related to cognitive impairment. We discuss surrogate/proxy consent procedures in research, recruitment of elderly subjects, conflicts of interest, special problems regarding institutional research, and risk/benefit analyses. We offer recommendations and practical guidelines for conducting current and future research involving elderly participants.     

Ethical and legal issues associated with using response-to-intervention to assess learning disabilities

The Individuals with Disabilities Education Improvement Act of 2004 allows schools to use a child's response to research-based intervention (RTI) as a part of procedures to identify students with learning disabilities. This paper considers whether RTI-based assessment models meet ethical and legal standards for acceptable assessment practices. Based on a review of available research, it was concluded that RTI-based assessment practices, when carefully crafted and implemented, have the potential to be multifaceted, fair, valid, and useful. Threats to acceptable RTI-based assessment practices include: the lack of research-based interventions appropriate for diverse academic domains, ethnic groups, grades K-12, and students with limited English proficiency; uncertainty regarding how to determine when nonresponse to intervention warrants formal referral for evaluation of special education eligibility; difficulty translating scientifically sound RTI practices to the local school level; and inadequate staff training and poor treatment fidelity. Suggested directions for future research are included.     

Ethical,legal and social issues surrounding research on genetic contributions to anti-social behavior

Scientific study of genetic contributions to chronic antisocial behavior has stemmed from many lines of research in recent years. Genetic research involving twin, family, and adoption studies has traditionally been used to compare the health and behavior outcomes of individuals who share the same environment or hereditary lineage; several of these studies have concluded that heredity plays some role in the formation of chronic antisocial behavior, including various forms of aggression and chronic norm-defiance. However, the ethical, social, and legal environment surrounding research on the biological contributions to antisocial behavior in the United States is contentious. Although there has been some discussion in the last few decades regarding the ethical, social, and legal concerns around this type of research within academic and policy circles, analysis and discussion of these concerns rarely appear together. This paper explores the main themes that interact to form the basis of much of the resistance to positing biological contributions to antisocial behavior.     

Ethical issues in therapy: therapist self-disclosure of sexual feelings

Although therapist sexual attraction to clients is common, and therapist self-disclosure is an often-used intervention, therapist self-disclosure of sexual feelings to clients is an understudied phenomenon. In this article, I critically review the small base of literature on therapist self-disclosure of sexual feelings, including information on prevalence rates, empirical research, and case studies. By incorporating these findings with information from relevant sections of the American Psychological Association (2002) Ethics Code, my intent is to evaluate different aspects of therapist self-disclosure of sexual feelings and arrive at conclusions regarding therapists' use of these disclosures. It appears that direct, explicit disclosure of sexual feelings can run the risk of harming clients and may therefore be unethical. Therefore, the use of this technique is discouraged. I discuss the issue of using less explicit interventions.     

Ethical issues in diagnosis

The ways in which ethical issues arise in making clinical judgments are briefly discussed. By showing the topography of the role of value judgments in medical diagnostics it is suggested why clinical medicine remains inextricably a value-infected science.     

Ethical issues in genetics

The first section of the Notes on Moral Theology reviews ethical issues in genetics through the lenses of privacy-confidentiality; risk-benefit analysis in relation to prenatal diagnosis and gene therapy; and freedom-determinism/human dignity in the context of cloning. The author provides an overview of developments in genetics and highlights thematic issues common to these developments.     

When Sport psychology consultants and graduate students are impaired: Ethical and legal issues in training and supervision

Abstract

Impaired sport psychology consultants, that is, professionals and graduate students whose behavior, inadequate training, personal situations, or psychopathology are having a negative influence on the delivery of services, have the potential to do harm to athlete-clients, damage their own professional standing, and bring disrepute to the field. The applied sport psychology literature is replete with guidelines and suggestions for referring athletes for counseling or psychotherapy when appropriate (e.g., Heyman & Andersen, 1998), but the ethical, legal, and procedural problems associated with sport psychology consultants whose training or mental conditions suggest the need for remediation, rehabilitation, or psychotherapy, and possible removal from seeing clients, has not been addressed. We describe a variety of situations where student and professional functioning might be impaired, discuss the possible ramifications (legal, ethical) of impairment, and provide suggestions for ways to proceed when sport psychology consultants are in psychological difficulty.     

Ethical and legal standards for research in prisons

Biobehavioral research, especially that which is conducted with prisoners, has become much more closely regulated in the last 30 years. State and federal law, as well as professional standards, regulate the conduct of many types of research; in the case of prisoners, this regulation is even more stringent. However, currently no mandatory, uniform, national regulatory or oversight process exists, and many privately funded research endeavors are operating in a regulatory void. In response to this, the National Bioethics Advisory Commission has argued for the creation of a single, national, independent regulatory body to oversee all human participant research, regardless of funding source. As ethicolegal research standards evolve alongside advances in science and technology, an appreciation of the history of prisoner research and an awareness of current standards is critical to conducting ethical prison research.     

Ethical issues in exercise psychology

Exercise psychology encompasses the disciplines of psychiatry, clinical and counseling psychology, health promotion, and the movement sciences. This emerging field involves diverse mental health issues, theories, and general information related to physical activity and exercise. Numerous research investigations across the past 20 years have shown both physical and psychological benefits from physical activity and exercise. Exercise psychology offers many opportunities for growth while positively influencing the mental and physical health of individuals, communities, and society. However, the exercise psychology literature has not addressed ethical issues or dilemmas faced by mental health professionals providing exercise psychology services. This initial discussion of ethical issues in exercise psychology is an important step in continuing to move the field forward. Specifically, this article will address the emergence of exercise psychology and current health behaviors and offer an overview of ethics and ethical issues, education/training and professional competency, cultural and ethnic diversity, multiple-role relationships and conflicts of interest, dependency issues, confidentiality and recording keeping, and advertisement and self-promotion.     

Ethical issues in graduate education

Concern about the employment prospects of Ph.D.’s in the sciences and engineering has prompted overdue interest in the ethical aspects of graduate education. It is not possible to isolate an ethical inquiry that focuses solely on job-related issues. The ethical problems in graduate education are each related to employment, but none is related to employment only. We can illuminate potential ethical problems by considering conflicts of interest at each point from the decision to offer a graduate program through the treatment of its alumni. Such consideration prompts reassessment of program content, relations with students, and the objectives of graduate programs. This paper is a revised and expanded version of a presentation given at the American Association for the Advancement of Science meeting in Seattle, WA, February, 1997, during a program organized by the National Science Foundation (“Ethics, Employment, and Graduate Education in Science and Engineering,” Rachelle Hollander, Organizer). Samuel Gorovitz is Professor of Philosophy and of Public Administration at Syracuse University.     

Ethical issues in internet counselling

This paper examines the advantages and difficulties associated with using the internet as a communication medium for counselling. Access to the internet is increasing rapidly and counselling services are starting to be offered to clients. Such services may be particularly attractive to clients who may not be able to find such services locally. The disadvantages of using the internet for counselling include the loss of the non-verbal communication level. The paper addresses the ethical implications of counselling in this medium. It concludes that there is a need for more guidelines in professional codes of practice.     

Ethical issues in communicating science

Most of the publicized work on scientific ethics concentrates on establishing professional norms and avoiding misconduct. The successful communication of science is the responsibility of all involved in the process. In one study, the increased incidence of autism and other social developmental disorders in males was investigated by examining individuals with Turner's syndrome (XO females). In the national newspaper this became "Genetic X-factor explains why boys will always be boys". The steps by which a study on developmental disorders, published in a highly prestigious journal, was transformed into an article in the science section which 'explained' the socially expected gender-based behavior of genetically normal children are fascinating and, unfortunately far too typical. The scientists wrote an excellent article that has just one sentence at the end that hesitantly suggests that the findings might, with further study, have some relevance to understanding normal behavior. The general interest article in the front of the journal gave a good account of the research, but suggested more strongly that there could be an in-built biological dimorphism in social cognition. This was misrepresented in the press as proof of gender differences that "undermines the trend towards sexual equality", and both illustrates cultural bias and provides fodder for feminist critiques of science. The study has been made to appear to be biased in favor of justifying the social structure of society, and yet it was the translation from the scientific study to national news that produced this transformation to biased genetic determinism. It is poor communication of the actual science, coupled with a lack of skepticism on the part of the public, that contributes to such a misapplication of science. Scientists should resist the urge to generalize their results to make them more compelling. The science community should not allow misconstructions of scientific facts to go unchallenged. Journalists, for both the scientific publication and the newspaper, should resist the inclination to embellish the finding with social significance that is not present. For their part, readers must be doubly skeptical of any finding that appears to underwrite any current social hierarchy. We are all responsible for a communication and interpretation of science that is as accurate and socially responsible as possible.