28 Apr 2022

391

Professional Ethics and the Law

Format: APA

Academic level: Master’s

Paper type: Coursework

Words: 1334

Pages: 4

Downloads: 0

How does a professional ethic differ from the Law?

Professional ethics offer guidelines towards the expected behavior in a firm or institution. Principles are abstract in nature and need not be in written form; standards state the mode of action that a professional should adapt to within the profession. On the other hand, the law refers to a collective group of rules that govern a society and the people in it. Unlike professional ethics, the law is usually in written form and is created and enforced by the governing body of the country. The law is a set of rules and regulations established to rule and govern a society. 

The breaking of the law may result in terrible punishment from the governing body, example if an individual steals then he/she is liable to be arrested for violation of the society’s law. Professional ethics, however, do not include a punishment or a binding nature; ethics are created to show people what is right and wrong and what is expected in the professional field. The law is established to ensure social order, peace and justice and to facilitate protection of the public. While ethics simply include the code of conduct set and adopted by the people.

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Dual Relationships

What are Dual Relationships? 

Research has argued that ethical problems are likely to arise once a professional involves their professional relationship with another relationship. Dual relationships or multiple relationships are said to occur when a profession gets to play two or more roles in the life of the client. This would be a relationship that is direct to the customer or with an individual related to the client. Dual or multiples relationships are said to occur when the therapist and the client develop a secondary relationship than the first relationship that brought the therapist and the client together. 

Over the years different scholars have attempted to perform a better understanding of the issue, to some extent scholars have argued in maintaining the integrity of boundaries in safeguarding the first professional relationship between the therapist and the client. A dual relationship is defined as whether healthy or unhealthy based on the impact that it has on the psychologist’s objectivity and effectiveness (Samuel Knap, 2014). Multiple relationships that will not cause harm or exploit the client are considered to be unethical relationships; however, some therapists may decide to take advantage of their official position and use customers.

Why these relationships are considered harmful? 

Clients in need of psychotherapy are usually vulnerable and can be subjected to violation without them realizing it. Most consumers identify the therapist as the individual to result to; this gives the therapist a controlling power over the client; with an evil agenda, the therapist can take advantage of the customer. These relationships are considered harmful when the therapist takes advantage of the client; this would also involve the dual relationship affecting the effectiveness and relevance of the primary relationship. Dual relationships go further to include sexual dual relationships that cause damage to the client on the benefit of the therapist. Professional ethics rule out against dual relationships, and further different states have created penalty measures similar to professional standards but stricter in punishing practitioners who violate ethics and inflict damage on the clients. 

Boundaries

Provide definitions of professional boundaries .

The psychoanalytic theory emphasizes on the importance of boundaries and the maintenance of professionalism within clinical operations. Professional boundaries are defined as professional frameworks that the therapists and patients should observe (Allen, 2008). In regards to boundaries in therapy, the therapeutic context dictates the line between psychotherapy and other forms of relationships that may emerge between the client and the therapist. A professional boundary is defined as the guideline that defines the territory that the relationship of a nurse and a patient should conform to whether in the clinic or outside, as long as it’s the patient and the therapist. Professional boundaries promote a better working environment and support for better professional psychotherapy sessions without harming the client. 

Not only do professional boundaries limit the relationship of the therapist and client, but also act as a balance of authority in the relationship. Professional boundaries preserve the importance of the relationship as a means of driving the relationship towards a successful and healthy end. Such boundaries may include professional ethics and the moral perception of the society. Through this, the client is able to undergo a safe therapy that does not effect on him/her negatively. 

Boundary Crossings

Boundary crossings define the situation where there is a deviation from the average non-emotionally attached therapy process, or a deviation from known traditional clinical professional ethics and healing practices. Boundary crossing involves methods that have not been used before by other therapists, but under the professional conduct. Boundary crossing often includes clinically useful practices such as gifts and home visits to the client, and they may also involve other practices that support and contribute to better methods of conducting therapy in the clinic. Boundary violation occurs when therapists violate the decency of their clients; it involves practices that are harmful to their patients. Boundary violation occurs when the therapist and the client engage in a dual relationship that is exploitative in nature to the customer, such as sexual contact.

Different scholars have expressed different views on the topic of boundary crossings; some authors argue that the practices or technique in boundary crossings is dependent on the innovation and positive motives of the nurse. The situation of the client may also influence use of boundary crossing techniques in order to treat the patient. On the contrary, boundary crossings allow for more research and innovation in the field of psychology. As a consequence of the different cultures expressed by people in the society, boundary crossings are ethical; they are important and accepted in many communities that allow the good clinical practice. Different therapists practice boundary crossing techniques in an attempt to develop better therapy methods that would yield good results.

Boundary Violations

Boundary violation involves harmful practices that exploit the client; opposing to boundary crossings, boundary violation involves practices that undermine and exploit the patient. Boundary violation is likely to encompass deliberate action or behavior that the therapist engages in, full ignoring the set professional ethics. Boundary violation practices are mainly attributed to practices that cause harm to the patients. Such practices may be dual relationships that exploit the client, resulting in unsuccessful therapeutic processes. 

Different institutions have developed consequences and penalties for professionals found engaging in such practices; however, research has gone further to support that boundary violation may not only be administered by the therapist but also the client. A client may develop a certain connection that would put the treatment process in jeopardy. Thereby boundary violations cannot be attributed to the therapist alone but also the patient, how an institution deals with boundary violation cases is totally dependent on the nature and situation of the incident. 

Why would a psychologist behave in an unethical manner?

As a psychologist it is by professional ethics to achieve and maintain an excellent ethical behavior within the field of work, however, if you saw a fellow doctor behaving in an unethical behavior would you report him/her? According to a recent article (Samuel Knap, 2014, p. 58), most psychologists would not say a fellow doctor over a mode of behavior that can also be proven to be ethical. Different analysts have different perspectives of ethical practices practice, although that would rule out overrated mode of action, with the different culture, socio-political backgrounds psychologists may indulge in unethical behavior with a positive motive of the therapeutic process of the patient (Lasser, 2007). Ethics are an important part of an institution; however, the process of enforcing ethical behavior demands special and assertive attention. It is important to make an organization aware of the proper guidelines that define the ethical behavior expected from the psychologists. This would go further to include, penalties and other punishments that come together with unacceptable, unethical conduct.

What is the process for solving the ethical dilemma?

The process of solving an ethical dilemma begins with the identification of the case issue. Once the psychologist has identified the case problem, then he/she is expected to exhibit knowledge of the principles regarding the dilemma. The analyst can go further to develop and implement an action plan.

Is Behaving by Ethical Principles Always Clear-Cut? 

Ethical behavior supports better and more efficient working pressure that enables psychologists to practice professionalism in their work. In any case professional ethics are guidelines on the expected behavior, any deviation from this could lead to harsh consequences. However, if the deviation from this behavior is for a positive significance in the client’s therapy process, then such a practice would be recommended.

References

Allen, C. B. (2008). A Global Standard for Professional Ethics: Cross_Border Business Concerns. Journal of Accountancy , 42-50.

Lasser, J. K. (2007). School Psychologists' Ethical Decesion making: Implications from selcted social Phenomena. School Psychology Review , 17-21.

Samuel Knap, M. M. (2014). The Dark Side of Professional Ethics. Professional Psychology: Research and Practice , 58.

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StudyBounty. (2023, September 16). Professional Ethics and the Law.
https://studybounty.com/professional-ethics-and-the-law-coursework

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