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Ethical confidentiality for counseling
Ethical issues of confidentiality in counseling
Ethical issues of confidentiality in counseling
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Question 1. There are many exceptions to confidentiality in counseling. If you are a danger to yourself and threaten to harm yourself (suicidal). Also if you threaten to harm another specific person (assault, kill). A member of your family informs your treating therapist that you seriously intend to harm another. If you are seeking psychological services to enable someone to commit a crime, or to avoid detection or apprehension yourself. You are being evaluated by a court-appointed psychologist. When you are being evaluated to determine your sanity in a criminal proceeding. If you are involved in a proceeding where your mental competence is at issue. If someone is to disclose something that your treating therapist is required to report (child
Operating within the bounds of the principles asserted by the American Counseling Association (American Counseling Association [ACA], 2010) is a moral and ethical mandated for all counselors. Implementing the principles of, autonomy, nonmaleficence, beneficence, justice, and fidelity can stimulate the creation of a healing environment wherein clients feel safe to explore the benefits of a therapeutic relationship (ACA, 2010). Often times, clients are unconsciously viewed and deemed vulnerable based on the severity of the circumstances that initiate the need for counseling. This hierarchy, founded by the assumption of weakness, is a flawed concept that counselors and administrative staff routinely employ.
The American Counseling Association (ACA) Code of Ethics (2014) states that counselors must respect a client’s confidentiality and can only disclose information about a client if there is a signed consent, legal requirement, or ethical requirement. A counselor must explain confidentiality to the client in a manner that the client will understand. The counselor must also explain the limits to confidentiality such as “serious and foreseeable harm and legal requirements” (ACA, 2014, p. 7). If a client identifies the desire to hurt themselves or someone else during a counseling session, then the counselor can break confidentiality to report to authorities. The ACA Code of Ethics (2014) suggests that a counselor consult with other professionals
Only with the counselor’s respect for privacy of the client are you able to protect the confidential information. Client Welfare is of the utmost importance. “The Primary responsibility of counselors is to respect the dignity and promote the welfare of clients” (ACA, p. 4). The client’s health does not only fall on the counselor’s hands, but the client must also take some responsibility to their own clarity. “Counselors and their clients work jointly in devising counseling plans that offer reasonable promise of success and are consistent with the abilities, temperament, developmental level and circumstances of clients” (ACA p. 4). These professional ethics of a counselor speak to me as I continue on my journey of becoming a professional counselor.
In “How Good People Make Tough Choices: Resolving the Dilemmas of Ethical Living,” author Rushworth M. Kidder defined ethics as: "The capacity to recognize the nature of moral challenges and respond with a will tuned conscience." Counselors are continually faced with the realization that ethical decision-making is an evolutionary process that requires continual open mindedness and an ability to be self-critical. They must possess the ability to recognize their own issues including, counter-transference, the limits of their multi-cultural competence, informed consent and the possible pit-falls associated with multiple relationships; while keeping the best interest of the client as the most central issue. They are not always given a blueprint on how to handle situations and sometimes are forced to rely on instincts and an internal value system.
According to Jacinto & Dziegielewski (2006) throughout the years, maintaining ethical practice (including confidentiality) has been at the forefront in the field of social work. So important, in fact, that in 1996 the National Association of Social Workers (NASW) modified the existing version of the Code of Ethics. Jacinto & Dziegielewski (2006) found, asocial worker should make every attempt possible to adhere to the rules of confidentiality promoting self-determination, but should also be aware that there are some situations that should not be kept confidential. In most cases where maintaining confidentiality is an issue, consideration is needed in order to determine what is “sufficiently compelling to warrant a breach of confidentiality
A counselor should always keep their thoughts to themselves and remain open-minded about the situation. The only time a counselor should share their thoughts is if it helps the client with their situation that they are dealing with. “Counselors must practice only within the boundaries of their competence (Standard C.2.a.), and, if they “determine an inability to be of professional assistance to clients” (Standard A.11.b.), they should facilitate a referral to another provider. (Kocet, M. M., & Herlihy, B. J. (2014). Addressing Value-Based Conflicts Within the Counseling Relationship: A Decision-Making Model. Journal Of Counseling & Development, 92(2), 180-186 7p. doi: 10.1002/j.1556-6676.2014.00146.x).” Keeping your thoughts to yourself is
Ethical issues in a counseling practice lay the foundation of a therapist in practice. Ethics are at the center of how the counseling process functions and operates in a successful manner for the clients who seek help in such a setting. In order for the counseling profession to be ethical and hold professional recognition, there are many facets that need to be examined and outlined to make sure all counselors and practitioners are functioning at the highest level and withholding their duties required by the counseling profession. The first introduction so to speak of the area of ethics also happens to be one of the first steps in counseling, which is the informed consent. The informed consent provides the basis of what happens or will be happening in a counseling setting and serves to inform the client to their rights, responsibilities, and what to expect. Most importantly, the informed consent is in place for the client’s benefit. It also is important to understand that culture and environment play a role in the treatment of a client and how theories can positively or negatively impact this treatment. Therapists need to understand how to work within the context of a theory while being able to understand the individual in their own environment. Although theories are put into place to serve as a framework, there are also alternative ways to approach counseling, one example being evidence-based practice. Such an approach is very specific, which presents a series of solutions for counseling as a whole, but also brings forth many problems. Every approach or theory introduces ethical concerns that need to be taken into consideration by the entire counseling community and how each can positively and negatively affect clients and the pr...
Ethics in the counselling and psychotherapy protects the client and the therapist involved in the therapeutic relationship and the therapeutic process as a whole; with the concepts that act as a guide for the therapists in provision of good practice and care for the client. The framework is built on values of counselling and psychotherapy; principles of trustworthiness, autonomy, fidelity, justice, beneficence, non-maleficence and self-respect, and provides standards of good practice and care for the practitioner (BACP, 2010). Ethical framework contributes to the development of the therapeutic relationship and process by assisting therapist’s decisions, and guides their behaviour and proceedings within their legal rights and duties. The ethical frame is structured on the boundaries of the therapeutic relationship and the therapists should be aware of their categories and be responsible for their forms. Monitoring and being aware of what goes on in and out of the room physically, emotionally and psychologically is primarily the duty of the therapist.
There will be times when we, as counselors, face the challenge that is an ethical dilemma. When deciding how to manage these types of situations, there are ethical, legal and moral considerations. The American Counseling Association has established the ethical guidelines for counselors. The legal obligations counselors must adhere to are established by the federal government and state legislation. Moral principles that counselors reflect upon being autonomy, nonmaleficence, beneficence, justice, fidelity and veracity (Remley & Herlihy, 2014). The balancing act of these three elements is essential in the ethical decision making process.
In the world of psychotherapy, confidentiality assures honesty and respect between therapist and client. Clarifying what we talk about in the session remain private, but by law counselors may be required to disclose confidential information. There is never absolute counselors must stay alert understanding that privacy is a vital principle in law. Having a disclosure statement would help with issues, stating to the clients) that may come a time when I as a therapist may find it necessary to consult with my supervisor, colleagues, or other professional, such as an attorney concerning issues that arise in therapy. To ensure your covered one would follow the five C’s (a) consent, (b) court order, (c) client complaints, (d) communic...
A counselor should give their client a copy of an informed consent document. Rights that are listed on the informed consent document is not absolute, and there may be exceptions based on certain situations. One of the codes that I will be discussing in this paper is, “a client has the right to have access to one’s records” (American Counseling Association, 2014, p.8). I will also be discussing billing issues in the counseling profession. Some counselors have misrepresented information to health insurance companies to get a client reimbursed for services render. Nevertheless, it is unethical for a counselor to engage in fraudulent situations. It is critical for a counselor to follow the rules and regulations according to their state where he or she practice
At one point one of these situation will open the thruway of permitting the therapist to warn and protect. It is very important to explain confidentiality to the client, and get a written sign document that the client understands the confidentiality. There is a difference between duty to warn, and duty to protect. Duty to Warn is when the therapist can contact
While training in the profession, counselors have been taught the importance of confidentially between homeless and their clients. Although this ethics standard is very important, there are limitations in which counselors have to disclose information. There are various ethical dimmers where counselors will be faced with the difficult discos of whether to disclose information or maintain confidentiality. Younggren and Harris (2008) states that confidentiality is the key to most models of effective psychotherapy. Confidentiality involves establishing and maintaining a therapeutic relationship, facilitating trust, empathy, and a professional working alliance. Written in the American Psychological Association ethics code, professionals in
Rules included confidentiality, waivers and what to expect throughout the sessions.Confidentiality is an ethical concern. The fundamental intent is to protect a client's right to privacy by ensuring that matters disclosed to a professional not be relayed to others without the informed consent of the client. The right of the client to make sure that they feel safe and continue to engage with the counselor during sessions is Confidentiality.
The therapist profession requires, for its regular exercise, a minimum of confidence on the part of civil society whose service is exercised. Who comes to a professional is the need to reveal aspects of his personal life that are intimate, and as such should not be disclosed to the public.