When Laws and Ethics Conflict: Civil Disobedience, Social Justice, and Our Role as Therapists

Curt and Katie chat about what happens when legal requirements clash with ethical responsibilities—and how therapists can stay grounded in their values while navigating complex decisions. When you find yourself in a situation where the law seems to contradict your ethics, or even violate your clients’ basic human rights, what do you do? In this deep-dive episode, we explore the tension between law and ethics and the moral courage required to practice in alignment with your values. From post-9/11 changes in APA’s ethics code to current issues like

gender-affirming care restrictions, we explore real-world implications and guide you through a framework for ethical decision-making in the face of legal and systemic challenges. This is a continuing education podcourse.

Transcripts for this episode will be available at mtsgpodcast.com!

In this podcast episode we talk about laws, ethics, and the difficult decisions therapists face in practice

Executive orders and nationwide proposed legislative bills that affect mental health have left therapists wondering, “Will my ethics protect me?” This episode and podcourse explores the interplay between laws and ethics, how professional organizations guide therapists when laws and ethics collide and gives a framework for how therapists should proceed. Participants will

learn how to identify potential conflicts, understand their legal and ethical obligations, and develop effective decision-making processes. Topics explored will include risk management strategies, consultation best practices, and documentation considerations in conflictual situations.

How do Modern Therapists navigate Ethics vs. Law in our practices?

·      Where clinical ethics and legal obligations collide

·      How our ethical codes approach this conflict (APA, ACA, NASW, CAMFT)

·      The importance of understanding your responsibilities beyond compliance

Civil Disobedience as Therapists out in the world and in our offices

·      Philosophical roots: Antigone, Nuremberg, and post-9/11 ethics reform

·      When following the law may cause harm to clients or communities

·      How to protect your license while still honoring human rights

Real-Life Legal versus Ethical Dilemmas for Modern Therapists

·      What to do when reporting requirements might increase harm

·      How to support trans and gender-diverse clients in states with discriminatory laws

·      Navigating confidentiality, documentation, and advocacy

A Therapist’s Decision-Making Process for Civil Disobedience

From Knapp, S., Gottlieb, M., Berman, J., & Handelsman, M. M. (2007). When laws and ethics collide: What should psychologists do?

·   Seek consultation to understand your legal requirements (know what the law is actually asking you to do, even if that means taking the time to consult with an attorney)

·      Clearly understand your ethical obligations (read the language of the ethics code and consult with trusted colleagues)

·      Consider alternatives that allow following the law while upholding your values

·      Contemplate violating the law only if no viable alternatives exist, and if so, limit disobedience to the minimum necessary to fulfill the higher goal

Receive Continuing Education for this Episode of the Modern Therapist’s Survival Guide

Continuing Education Approvals: Continuing Education Information including grievance and refund policies.

Stay in Touch with Curt, Katie, and the whole Therapy Reimagined#TherapyMovement:

Our Linktree: https://linktr.ee/therapyreimagined

Modern Therapist’s Survival Guide Creative Credits:

Voice Over by DW McCann https://www.facebook.com/McCannDW/

Music by Crystal Grooms Mangano https://groomsymusic.com/