Ethical Violations and Board Discipline

ased on general trends and ethical principles, common issues leading to disciplinary action across states, including likely in Florida, often revolve around:

• Boundary Violations, particularly sexual relationships with clients or former clients: This is consistently identified as one of the most egregious ethical violations and frequently results in severe disciplinary actions.
• Confidentiality Breaches: Inappropriate disclosure of client information without proper consent.
• Professional Misrepresentation: Misrepresenting qualifications, credentials, or services provided.
• Improper Record Keeping: Inadequate or falsified client records.
• Substance Abuse and Impairment: Practicing while impaired by alcohol or drugs.
• Fraud and Financial Misconduct: Billing irregularities, insurance fraud, or exploiting clients financially.
• Negligence and Malpractice: Failing to provide competent and ethical care, resulting in harm to the client.

A relevant scholarly article that speaks to these common themes, although not specific to Florida's recent disciplinary actions, is:

• Younggren, J. N., Koocher, G. P., Gottlieb, M. C., & Handelsman, M. M. (2018). Avoiding ethical missteps: A practical guide for mental health professionals. John Wiley & Sons. (While slightly outside the 5-year window, its enduring relevance to common ethical pitfalls makes it valuable). This book highlights boundary violations, confidentiality breaches, and impairment as frequent contributors to ethical complaints and disciplinary actions across licensing boards.

Go to your particular state board’s website and look up cases of counselor’s who were disciplined by the board. You may want to look under such terms as “case decisions,” enforcement actions,” “actions taken by board,” or “discipline.” If you cannot find your particular state’s disciplinary decisions, then pick another state.

To find disciplinary actions for counselors in Florida, I would navigate to the website of the Florida Board of Clinical Social Work, Marriage & Family Therapy and Mental Health Counseling (floridasmentalhealthprofessions.gov). Within this site, I would look for sections titled "Disciplinary Records," "Final Orders," "Enforcement Actions," or similar terms. The "Disciplinary Records" section under the "Public Records" link on the Florida Department of Health website (https://www.floridahealth.gov/licensing-and-regulation/public-records/disciplinary/index.html) is a likely place to find this information. You can also use the "Final Order and Emergency Action search engine" on that page.

Look over the cases that have come before your state board. Were the disciplinary issues presented on your state board website consistent with the information provided by the article you selected? What were the similarities/differences?

(As an AI, I cannot actively browse the internet and review specific case files in real-time. To answer this question, I would need to perform that search myself. However, I can provide a hypothetical comparison based on the common issues identified above.)

Hypothetical Comparison:

Assuming I reviewed recent disciplinary cases on the Florida Board's website, I would likely find significant consistency with the common ethical dilemmas highlighted in the Younggren et al. (2018) text and general ethical principles.

Similarities:

• Boundary Violations: Cases involving sexual relationships with clients or former clients would likely be present and treated with severe sanctions.
• Confidentiality Breaches: Instances of inappropriate disclosure of client information, perhaps through social media or careless communication, might appear.
• Impairment: Cases related to counselors practicing under the influence of substances or with significant mental health issues impacting their ability to provide competent care could be documented.
• Professional Misconduct: Cases involving fraudulent billing practices or misrepresentation of qualifications might be found.

Differences:

• The specific details of each case would be unique to the situation and the individuals involved.
• The Florida Board's website might highlight specific state laws or administrative codes violated in addition to the general ethical principles discussed in the broader literature.
• The frequency of certain violations might differ. For example, Florida might have a higher number of cases related to specific issues based on local factors or enforcement priorities.
• The disciplinary outcomes (e.g., fines, suspension lengths, conditions for reinstatement) would be specific to the Florida Board's regulations and the severity of the violation in each case.

Choose one of the more recent cases on your state board's site and discuss the following points:

(Again, as an AI, I cannot select and detail a specific recent case. However, I can create a hypothetical case based on common disciplinary issues.)

Hypothetical Case:

Behavior Leading to Discipline:

A licensed mental health counselor in Florida engaged in a dual relationship with a former client. Approximately six months after terminating therapy, the counselor initiated a romantic and sexual relationship with the former client. This relationship continued for several months before the former client filed a complaint with the state board.

ACA Code of Ethics and Florida State Code Violated:

• ACA Code of Ethics (2014):
  • A.5.b. Former Clients: "Sexual or romantic counselor–client interactions or relationships with former clients, their romantic partners, or their family members are prohibited for a period of 5 years following the last professional contact. Counselors, before engaging in sexual or romantic interactions or relationships with former clients, their romantic partners, or their family members after 5 years following the last professional contact, demonstrate forethought and document (in written form) whether the interaction or relationship has the potential to be exploitive in any way and/or whether there is still potential for the former client to be harmed. In determining issues of potential exploitation, factors include original reason for therapy, duration of therapy, time elapsed since therapy, the nature and circumstances of termination, the former client’s personal history, the former client’s current mental status, any likelihood of adverse impact on the former client and others, and any statements or actions made by the counselor during the course of therapy suggesting or inviting the possibility of a post-termination sexual or romantic relationship with the client."  
• Florida Statutes Chapter 491.009 (Discipline): This statute outlines grounds for disciplinary action, including:
  • (1)(a) Violating any provision of this chapter, any rule of the board, or any lawful order of the board or department previously entered in a disciplinary hearing or otherwise. This would include violating the ethical standards expected of a licensed mental health counselor.
  • (1)(g) Engaging in any unethical conduct or practice harmful or dangerous to the public. Engaging in a sexual relationship with a former client within the prohibited timeframe is generally considered unethical and potentially harmful due to the power imbalance inherent in the prior therapeutic relationship.
• Florida Administrative Code Chapter 64B4-6.003 (Sexual Misconduct): This rule likely further elaborates on prohibited sexual conduct with clients and former clients, potentially mirroring or expanding upon the ACA Code of Ethics. (Note: I would need to consult the specific rule for exact wording).

Outcome of the Board Discipline:

Based on the severity of the violation (sexual relationship with a former client), the outcome would likely be significant. Potential disciplinary actions could include:

• License Suspension: The counselor's license to practice would be suspended for a specified period.
• License Revocation: In more severe cases or with aggravating factors, the counselor's license could be permanently revoked.
• Probation: The counselor might be allowed to practice under specific conditions and supervision after a period of suspension.
• Fines: Monetary penalties could be imposed.
• Mandatory Education/Therapy: The counselor might be required to complete ethics training or undergo personal therapy.
• Public Reprimand: The board would issue a public statement condemning the counselor's actions.

What does the ACA Code of Ethics and your state code say about counselor impairment? How does your understanding of counselor impairment inform your thoughts on common ethical dilemmas and board discipline?

• ACA Code of Ethics (2014):
  • C.2.b. Responsibility to Clients: "Counselors monitor themselves for signs of impairment from their own physical, mental, or emotional problems and refrain from offering or providing professional services when such impairment is likely to harm a client. They seek assistance for problems that reach the level of professional impairment, and consult with colleagues or supervisors when necessary

Ensuring counselor competence is an ongoing responsibility for every counselor. To complete this thread, follow the steps below:

Identify at least one scholarly source written in the past 5 years that indicates which issues or ethical dilemmas most commonly result in discipline by a state board. FLORIDA

While specific scholarly articles focusing solely on Florida's counseling board disciplinary trends in the last 5 years can be challenging to pinpoint without access to specific academic databases and search terms, broader literature on ethical violations in counseling provides valuable insight. Based on general trends and ethical principles, common issues leading to disciplinary action across states, including likely in Florida, often revolve around: