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Ethical issues in confidentiality
Apa ethics paper
Legal and ethical conflicts between maintaining confidentiality and sharing information
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Supposing my client is distressed at the circumstance that I have to report her on behalf of informing me that she’s going to potentially harm her exboyfriend. It is my legal responsibility that I inform my patient in the calmest manner that their safety and wellbeing is my utmost concern as their psychiatrist. However, if what they had told me, needs to be reported and they need to be admitted into the Emergency Unit of the nearest hospital. I have to contemplate that I have the APA Ethical Aspirations to stand by. The APA Ethical Aspirations are Beneficence and Nonmaleficence, Fidelity and Responsibility, Integrity, Justice and Respect for People’s Rights and Dignity. It is understandable why the client got angry about me having to report her, nevertheless the aspiration “Beneficence and Nonmaleficence” does not just apply only to the client but to the community the client is in as well. My job as a clinical psychologist is to help my client be able to have a functional life in the community, minimize any negative risks. Then, in this situation, by informing me that she will be harming her ex-boyfriend with a weapon, she would be a danger to the …show more content…
Regents of the University of California) which lead to the “Duty to Warn”. The Duty to Warn is a notion that stands in the law of torts in a number of circumstances, indicating that a party will be held liable for injuries caused to another, where the party had the opportunity to warn the other of a danger and failed to do so. Recalling that the client had said, that she only told me because I promised complete privacy, and now I am going back on my word. She threatened that she is going to tell the APA and the state licensing board, and she will have my license revoked for breaking confidentiality. Remaining silent about this situation would lead me to losing my job, my license and being sentenced to
It is important as a professional health care provider to have guidelines, regulations, and ethical standards to obey when providing care to the public. The ACA is to improve the quality of professional counselors in the community with education, knowledge, and guidelines by providing an ACA Code of Ethics standard when delivering treatment toward a clientele (American Counseling Association, 2015). One particular part of the ACA mission that is essential, is the ACA Code of Ethics. The purpose of the ACA Code of Ethics is a guide to ensure counselors in training and professional counselors understand the ethical obligations toward clients, possible grievances for conduct unbecoming, and professional responsibilities, which supports the ACA
This is in regard to whether they should inform potential third parties of possible harmful behaviour (Bartol & Bartol 2014, Merkel 1993). This has also been evident in the past, through the Tarasoff Case where it was eventually concluded that the therapist does have some duty to take steps to protect potential individuals from harm (Bartol & Bartol 2014). As Rosie Batty had said in her statement the day after her son had been murdered, there is only so much victims can do to protect themselves, ‘an intervention order doesn’t do anything to stop something like this happening ’ (Thompson & McGregor 2014). In order to protect Rosie and Luke in this situation, I believe it would have been appropriate to inform her of the numerous death threats Anderson made, and the number of charges & arrests made against him (including child pornography). For me this did raise the yet to be solved dilemma of what duty these individuals owe in their line of work. Although a particular case was solved, Tarasoff v. Regents 1974, this answer does not apply to all. However, in saying this, I do believe this heavily disadvantaged the Batty’s as victims, as they had very little awareness of what danger they were to be exposed to. As someone who is very close to their siblings, it sickens me to think that they may be oblivious to the harm
According to the Bradley Center v. Wessner, Georgia statutory law does not address the so-called duty to warn, Georgia does have a legal precedent as defined by case law that establishes a duty to protect identifiable third parties (Doverspike, 2007). The practitioners basically got in trouble because they had a patient in inpatient who the physician failed to exercise control over and the patient ended up hurting someone he made a threat against. Another case represents the undefined duty to warn. Garner v. Stone (1999) a six person jury in a DeKalb County, Georgia, state court found in favor of a former police officer with Gwinnett County, Georgia, who sued a psychologist for violating the physician-patient privilege after the psychologist made a warning call to an identifiable third party (As cited in Doverspike,
Sim, J (1997). Ethical Decision Making in Therapy Practice. Oxford: Reed Educational and Professional Publishing Ltd. p.16.
For example, other staff may engage in crime using Nancy’s gun, or she may also engage in violence with other staff members. In my suggestion, Nancy, other than carrying a gun for her own boyfriend, she should rethink as was going to apply the same action on her own patients/clients. She should apply the same ethical and professional principle for her boyfriend as she applies to her patients such as respect for persons, beneficence, nonmaleficence, and justice. More importantly, Nancy’s boyfriend, Joe, was dying for the true love although his inappropriate communication between Nancy lead to the incorrect action by her (Buchbinder & Shanks, 2012,
Utilizing Keith-Spiegel and Koocher 's, eight-step model to evaluate the ethical dilemma posed in example one (Nagy, 2011). Taking into consideration the previous relationship, between client and therapist is paramount to the evaluation of a possible conflict. Upon toughly evaluating their previous relationship, examining any possibility of a negative impact on their professional relationship. They have not been in each other’s lives since high school, they have grown apart and do not have any reason that this therapist cannot successfully treat this patient. It is professionally ethical for the therapists treat this client. The therapist will be expected to adhere to the APA code of ethics, which, include the five principles imperative to psychology standards and ethics (APA, 2002). These principles include beneficence and nonmaleficence, fidelity and responsibility, integrity, justice, respect for people’s rights
In the mental health profession of counseling, therapy, psychology, psychiatric and social services ethical dilemmas are faced primarily on a daily basis. Being that mental health professionals are working with clients who are often fragile and vulnerable, they must develop an intense awareness of ethical issues. On the other hand, mental health professionals would never intentionally harm their clients, students or colleagues and others whom they work with. Unfortunately, good intentions are not enough to ensure that wrong doings will not occur and mental health professionals have no choice but to make ethically determined decisions. Depending upon the experience and expertise of the professional determines the outcome of the ethical circumstance. For example, if you were practicing mental health professional and had a friend who’s a licensed psychologist, who is invited to attend the wedding of a patient that she has been seeing in court-ordered therapy for a year; what advice would you give your friend?
Without exception, confidentiality trumps duty to warn, court rules (2004). Mental Health Law Report, 22 (6), 53. Retrieved from http://find.galegroup.com/gtx/infomark.do?&contentSet=IAC-Documents&type=retrieve&tabID=T003&prodId=GRCM&docId=A120474886&source=gale&userGroupName=clemson_itweb&version=1.0
So your opinions on the topic may or may not help out the situation and also in some unfortunate cases can send the client into a ‘downward spiral’. By expressing your ethical issues on the topic to your client you may trigger unwanted emotions. These unwanted emotions can drive the client to hurt themselves or even make the client take legal actions towards the counselor. Ways to prevent this from happening is learning your own self-control and what your limits are when its comes to dealing the client. “You want to consider the best action that will protect your client’s needs, but you also want to ask yourself: What is the best action to protect the profession and myself? (Berton, J. D. (2014). Make the Rule to Break the Rule: Setting Your Ethical Standards. Counselor: The Magazine For Addiction Professionals, 15(5), 10-12
Having a positive approach helps psychologists clarify what they value, contemplate how they must behave, and decide what institutes suitable professional demeanor. The significance of positive ethics supports psychologists and allows them to reach their utmost ethical principles instead of violating the rules. The American Psychological Association are the top procedures to monitor to help stay within the ethical guidelines which has recently had revisions in the year two thousand two. There are a number of ethical codes to consider as a forensic psychologist cannot have the unawareness of particular psychological information, absence of specific preparation in forensic, presumptuous the lawyer will offer the expert with the essential legal ethical and professional evidence, assuming diverse jurisdictions are comparable in laws, how the laws are applied and failure to recognize the sole matters related with privacy and privileged communications for the work in the forensic
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.
The client main concern was that the university would find out of the accident and kick him out of the program, and as a consequence his career would be over. For this same reason, the client had suicidal thoughts. The social worker intern should let the client know about limits of confidentiality and letting him know that she cannot tell that information for the university or anyone else. As a worker of the hospital, he is cover and she cannot say
However, there are some cases that professionals have to rely on the Law. The Law is different from moral principles and Code of Ethics and its focus is on the legal perspective to protect the professional. The Law is defined by Remley and Herlihy (2010) as “general or specific regarding both what is required and what is allowed of individuals who from a governmental entity” (p.4). One major example is the Tarasoff and the Duty to Protect which is a law that was created after the case that happened with a university student, Tatiana Tarasoff and her boyfriend. Tarasoff’s parents sue the psychotherapists alleging that the professionals should have warned the student. Because of this case, the law raised a major concern that the confidentiality that professionals should follow according to the ACA and AMHCA Code of Ethics has to be broken when there is an issue that can affect a third party in the situation. Like the AMHCA refers to confidentiality as “a right granted to all clients of mental health counseling services. From the onset of the counseling relationship, mental health counselors inform clients of these rights inclu...
The primary weakness of the APA is that it only applies to professional conduct and not private life. According to Pipes, Holstein, and Aguirre (2005), "APA codes apply within their role as psychologists...they may, with impunity from the Code, demean individuals of a particular gender or a particular religion with whom they interact only on a personal basis" (p. 326). While the APA has enforceable standards, the preamble and general principles are aspirational and seek to create individuals whose professional character will successfully integrate into their personal lives. For example, Jenny 's consultation with Rhonda went from a professional consultation to a gossip session on other issues within organization; when they failed "to guard against personal, financial, social, organizational or political factors" (APA, 2010) that might influence their ability to objectively resolve the present ethical dilemma. While the APA provide ethical principles and a professional code of conduct provide a foundation for resolving ethical dilemmas, it is not exhaustive and individuals should seek and use other models to help them resolve their ethical dilemmas, such as the eight-step decision
I believe that Dr Thomas is not practicing ethically because his actions violate several APA codes of ethics. Dr Thomas’s self created measure of stress does not adhere to the provisions of APA code of ethics 9.2 Use of Assessments and 9.5 Test Construction. Consequently, Dr. Thomas did not use appropriate psychometric procedures and current scientific or professional knowledge for his test design. His test did not demonstrate usefulness in determining the measurement objective of stress level. Dr. Thomas subsequently designed a test based on the employee’s age, number of hours worked per week, history of absences, amount of vacation taken, birth order, number of pounds overweight, salary, amount of exercise, and eating habits. None of these measures represent appropriate psychometric procedures to test