Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
Hostname: page-component-cd9895bd7-fscjk Total loading time: 0 Render date: 2024-12-26T06:01:48.820Z Has data issue: false hasContentIssue false

Chapter 26 - Nuts and Bolts of Fertility Counseling

Legal Issues and Practice Management

from VI - Practice Issues

Published online by Cambridge University Press:  24 November 2022

By
Margaret Swain  and
William Petok
Edited by
Sharon N. Covington
Sharon N. Covington
Affiliation:
Shady Grove Fertility, Rockville, MD
Get access

Summary

Family building is seldom a straight-line march to the finish, even for those fortunate individuals who avoid a detour into the ethical and legal minefield of assisted reproductive technology (ART). Importantly, intended parents and their third-party helpers often lack fundamental information about the parties’ status to any child created – who is a parent, what rights the respective parties possess, and how those rights are protected. Unless appropriately addressed, these issues may contribute to misunderstandings, misperceptions, and confusion, all of which may be laid at the feet of the fertility counselor. In order to practice preemptive crisis management, fertility counselors must recognize risky situations, analyze them with a critical eye, practice within the parameters of competence, ethics, and legal sound stricture, and apply best practice principles. Collaboration with qualified legal practitioners who understand third-party reproduction law is essential to that end.

Keywords

lawlegalcompetenceconsentevaluationdocumentfertility counselingpractice management
Type
Chapter
Information
Fertility Counseling: Clinical Guide , pp. 264 - 273
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Swain, M, Petok, WD. Legal issues for fertility counselors. In Covington, SN. Ed. Fertility Counseling Clinical Guide and Case Studies. Cambridge: Cambridge University Press, 2015, 296–307.Google Scholar
American Psychological Association. Ethical Principles of Psychologists and Code of Conduct. Washington, DC: The American Psychological Association, 2016. Available at: www.apa.org/ethics/code [last accessed June 16, 2022].Google Scholar
National Association of Social Workers. Code of Ethics [pamphlet]. Washington, DC: National Association of Social Workers, 2021. Available at: www.socialworkers.org/about/ethics/code-of-ethics [last accessed June 16, 2022].Google Scholar
National Board for Certified Counselors (NBCC). Code of Ethics. Washington, DC. Published 2016. Available at: www.counselorprep.com/nbcc-revised-code-of-ethics/#:~:text=The%20National%20Board%20for%20Certified%20Counselors%20%28NBCC%29%20published,counselors%20certified%20by%20NBCC%20or%20applicants%20for%20certification [last accessed June 16, 2022].Google Scholar
American Association of Marriage and Family Counselors. Code of Ethics. Available at: www.aamft.org/Legal_Ethics/Code_of_Ethics.aspx [last accessed June 16, 2022].Google Scholar
American Psychiatric Association. Ethical Code. The Principles of Medical Ethics with Annotations Especially Applicable to Psychiatry. Published 2013. Available at: www.psychiatry.org/psychiatrists/practice/ethics [last accessed June 16, 2022].Google Scholar
Code of Ethical Practice for Psychiatric Nursing and Foundations of Psychiatric Nursing Practice. Available at: http://54.65.62.192/english/pdf/ethicalandfoundations.pdf. See also: and www.slideshare.net/guylamunyon/ana-psychiatric-mental-health-scope-and-standards-of-practice [last accessed June 16, 2022].Google Scholar
British Infertility Counseling Association. Available at: www.bica.net.Google Scholar
Human Fertilisation Embryology Authority. Code of Practice, 9th ed., with 2019 updates. Available at: https://portal.hfea.gov.uk/knowledge-base/read-the-code-of-practice/ [last accessed June 16, 2022].Google Scholar
ANZICA. Guidelines on Professional Standards of Practice: Infertility Counseling. Published August 2018. Available at: www.fertilitysociety.com.au/professional-groups-anzica-australia-new-zealand/ [last accessed June 16, 2022].Google Scholar
Guidance on Qualifications for Fertility Counselors: A Committee Opinion. Fertil Steril 2021;115(6):1411–1415.Google Scholar
International Infertility Counseling Association. Compendium of Fertility Counseling Organizations Across the Globe. Available at: www.iico-infertilitycounseling.org [last accessed June 16, 2022].Google Scholar
Health Insurance Portability and Accountability Act of 1996, Public Law 104–191, 110 Stat. 1936. Washington, DC: The United States Senate, 1996.Google Scholar
PCISSD. Data Security Standards Overview [Internet]. [Cited May 29, 2014] Available at: www.pcisecuritystandards.org/pci_security/standards_overview [last accessed June 16, 2022].Google Scholar
Osheroff v. Chestnut Lodge, Inc., 490 A. 2d 720, 62 Md. App. 519 (1985).Google Scholar
Consideration of the gestational carrier: an Ethics Committee opinion. Fertil Steril 2018;100(6):1017–1021.Google Scholar
Lustgarten, SD, Garrison, YL, Sinnard, MT, Flynn, AWP. Digital privacy in mental healthcare: current issues and recommendations for technology use. Curr Opin Psychol 2020;36:25–31. https://doi.org/0.1016/j.copsyc.2020.03.012Google Scholar
Available at: www.hhs.gov/ocr/index.html [last accessed June 16, 2022].Google Scholar
2003, 2005, 2013. Available at: www.apaservices.org/practice/business/hipaa [last accessed June 16, 2022]; solely or in collaboration with the APA Insurance Trust (APA Practice Organization & APA Insurance Trust).Google Scholar
Yaqoob, T, Abbas, H, Atiquzzaman, M. Security vulnerabilities, attacks, countermeasures, and regulations of networked medical devices – a review. IEEE Commun Surv Tutor 2019;21:3723–3768; cited in Int J Environ Res Public Health 2021;18:9668. https://doi.org/10.3390/ijerph18189668Google Scholar
The American Psychological Association. Record-keeping guidelines, Am Psychol 2007;62:993–1004.CrossRefGoogle Scholar

Save book to Kindle

To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×