Question

Discuss the ETHICAL dilemma(s) associated with Substance Abuse. Discuss the LEGAL dilemma(s) associated with Substance Abuse. Should be no less than 4 pages.

Answer 1

Legal Issues

Historically, substance use disorder has been viewed as a crime rather than a chronic disease. While some drugs like alcohol, tobacco, and prescription drugs are considered licit (or legal), many commonly misused drugs are illicit, or illegal to purchase. Therefore, screening populations for substance use disorders is accompanied by various legal implications and raises ethical concerns.

Federal law protects information about individuals' substance misuse. The Confidentiality of Alcohol and Drug Abuse Patient Records regulation provides statutory authority for the confidentiality of patient records. This helps encourage people to seek treatment given they will not be discriminated against in their future endeavors. State law may also provide protection of medical and mental health information. The level of protection varies by state

There are many social and ethical issues surrounding the use and abuse of drugs. These issues are made complex particularly because of conflicting values concerning drug use within modern societies. Values may be influenced by multiple factors including social, religious, and personal views. Within a single society, values and opinions can diverge substantially, resulting in conflicts over various issues involving drug abuse.

This heightened awareness of drugs and their consequences has been influenced largely by campaigns and programs oriented toward educating the public about the dangers of drug abuse and about how individuals and societies can overcome drug-related problems. One of the most hotly contested issues concerning contemporary drug abuse centres on whether currently illicit drugs should be legalized. Another major area of concern involves the abuse of drugs in sports, which can send conflicting messages to young generations whose idols are professional athletes.

Conflicting values in drug use

Modern industrialized societies are certainly not neutral with regard to the voluntary nonmedical use of psychotropic drugs.it is simply judged not “right,” “good,” or “proper” for people to achieve pleasure or salvation chemically. It is accepted that the only legitimate earthly rewards are those that have been “earned” through striving, hard work, personal sacrifice, and an overriding sense of duty to one’s country, the existing social order, and family. This orientation is believed to be fairly coincident with the requirements of industrialization.

modern societies in a state of rapid transition often experience periods of instability with regard to prevailing views on drugs and drug use.

Youth and drugs

Young people seem to find great solace in the fact that adults often use drugs to cope with stress and other life factors. One cannot deny that many countries today are drug-oriented societies, but the implications of drug use are not necessarily the same for the adult as they are for the adolescent. The adult has already acquired some sense of identity and purpose in life. He or she has come to grips with the problems of love and sex, has some degree of economic and social skill, and has been integrated or at least assimilated into some dominant social order. Whereas the adult may turn to drugs and alcohol for many of the same reasons as the adolescent, drug use does not necessarily prevent the adult from remaining productive, discharging obligations, maintaining emotional and occupational ties, acknowledging the rights and authority of others, accepting restrictions, and planning for the future. The adolescent, in contrast, is apt to become ethnocentric and egocentric with drug usage. The individual withdraws within a narrow drug culture and within himself or herself. Drug usage for many adolescents represents a neglect of responsibilities at a time when more important developmental experiences are required.

State Laws

Most States have also enacted laws to protect people with disabilities (or "handicaps"). And some States' laws protect persons with substance abuse disorders. Each State's law is different and a treatment provider seeking help under State law should get in touch with the State or local agency charged with enforcing State civil rights laws.

Federal Law

An ounce of prevention

The old adage "an ounce of prevention is worth a pound of cure" is particularly applicable to the area of employment discrimination. It is always easier to persuade an employer to hire an applicantbefore he has made a decision to reject him. In a variety of ways, counselors of individuals in treatment for substance abuse disorders can help hard-to-employ clients enhance their chances for employment. Counselors should be prepared to help clients, whether directly or through referrals, with the following tasks.

Focusing on jobs for which clients can qualify

Clients in substance abuse treatment often lack perspective about the world of work. To many, there is a great divide between jobs with status (professional or high-visibility) and jobs that they believe have no status (e.g., fast food, other service industry jobs). Counselors can help clients understand and accept that there are many low-profile jobs that provide livelihood and satisfaction to millions of people. They can help clients develop realistic plans that could require starting at the bottom in order to attain a desirable goal. Such plans could include finding a training program that would lead to a good job. This kind of counseling will be increasingly important as the many aspects of welfare reform are implemented.