Question 1: Information during therapy should remain confidential, however, there are exceptions and limitations to confidentiality outlined in section B2 of the CCPA Code of Ethics (2007) which include:
When disclosure is required to prevent harm and danger to the client and/or other persons;
When the law demands disclosure of confidential information, and; When a child needs protection.
When a client requests disclosure, and;
When a client files a complaint about the counsellor and takes them to court. In situations where a counsellor receives information regarding danger to the client or another person they are legally obligated to contact the police and if information is obtained that leads to suspicion of possible child abuse
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Considering the scenario, a counsellor should try to protect a third party without jeopardizing the client- counsellor relationship, however, there are ethical issues to consider. When a counsellor receives information from their client that suggests they are potentially harmful to another person the counsellor has a duty to protect. Section B2 of the CCPA Code of Ethics (2007) states that psychologists are obligated to take the necessary precautions in order to respect the confidentiality of their client, however, they can also disclose confidential information without consent of the client in circumstances during which the counsellor must protect the client or others from …show more content…
The first involves maintaining confidentiality and a duty to warn. The Code of Ethics does not directly address HIV, however section B3 states that counsellors should use “reasonable care” when warning individual who may be at risk. There are not any specific guidelines regarding a counsellor's duty to protect in cases of HIV, however, the APA Ethical Standards does suggest that counsellors should maintain confidentiality unless disclosure is mandated by law in order to protect the client and/ or others from harm. The final decision of whether to disclose or maintain confidential information is left to the counsellor who must weigh the potential risks involved (Wong-Wylie,
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
...rt of the medical profession, the therapists are expected to maintain the confidentiality of their clients. A psychologist must be able to acquire a client’s trust in order to keep quality confidentiality amongst the two parties. Only on seriously occasions should the patient’s records be shared, under certain other conditions the psychotherapy records of a minor can be reviewed by others without prior written consent. The Health Insurance Portability and Accountability Act (HIPAA), psychologists can usually give way the patient records to parents or legal guardians. Some of the ethical rules that apply to the practice of child and adolescent psychiatry are clear and generally agreed upon For example, rules against sexual contact or harsh or abusive treatment are encoded as boundary violations. A psychotherapist must be able to respect the boundaries of the client.
A promise of confidentiality assures clients that information revealed during counseling will not be shared with others without permission. An individual has the right to choose the time, circumstances, and extent, to which he or she wishes to share or withhold information. Marriage and family therapist have different confidentiality aspects from other counseling areas. Marriage and family therapist mostly have more than one client in a therapeutic relationship, there are different limitations for each individual client. AAMFT Standard II (2015 2.2) states When providing couple, family or group treatment, the therapist does not disclose information outside the treatment context without a written authorization from each individual competent to execute a waiver. Conclusively, counselors may be counseling a couple, group, or family for treatment, each client has their own rights to privacy protection and confidentiality. All counselors must follow specific guidelines when in regards to disclosing information that has potential harm to the client or identified others. If court ordered or third party payers have requested information it is the counselors job to obtain written consent from the client to release information about that
Corbin, J.R. (2007). Confidentiality and the duty to warn: Ethical and legal implications for the therapeutic relationship. The New Social Worker, 4-7.
Chapter 135-7-03 of the Licensed Professional Counselors Association of Georgia (2014) stipulates that confidentiality especially of client information must be observed at all times. The counselor should safeguard the client’s information to the extent stipulated by the law. The American Counseling Association (2005) incorporates confidentiality as part of their Code of Ethics. It requires counselors to keep the counselor-client relationship and information shared confidential. In the case of group counseling it stipulates that provisions must be stated that protect confidentiality. The counselor must clearly record and keep the client information confidential at all costs. According to the Texas certification Board of Addiction Professionals, the chemical dependency specialist has a duty to protect the privacy of clients and must not disclose information obtained fro...
The advice you give to your friend is based upon your role as a mental health professional. Each mental health professional has a set of guidelines they must follow. Some guidelines overlap each other, while others remain stand-alone. Yet, sometimes an ethical issue is simply not predictable. Nonetheless, given the ethical principles of psychologists, if you decide to give advice to your friend, please advise them of conflict of interest, dual relationships and boundary violations.
For Example if confidentiality is the dilemma The NAADAC Code of Ethics states that” Every effort is made to protect the confidentiality of client information, and in very specific cases or situations to disclose information appropriately and according to federal law”(NAADAC, 2011, para. 5). In as much According to ACA Code of Ethics counselors are required to violate confidentiality only “to protect clients or identified others from serious and foreseeable harm or when legal requirements demand that confidential information must be revealed” (American Counseling Association [ACA], 2005). Therefore, since trust is one of the most important aspects of a counselor client relationship a counselor must be certain if confidentiality is the ethical dilemma being presented, there should be clear-cut reasons for the information to be disclosed. If a counselor is educated with the proper laws and the relevant Code of ethics pertinent to there field of study they can validate their decision to supervisor, clients, and even legal entity’s if
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
Informed consent. Counselors, whether in a group or individual counseling setting, must obtain informed consent from their clients. Counselors must disclose information about themselves to their clients. They also need to share with potential clients how long counseling will last and the topics that will be discussed in each session. According to the ACA code of ethics (2006), “informed consent is an ongoing process, and counselors appropriately document discussions of informed consent throughout the counseling relationship” (p. 236). Informed consent in group counseling is tricky because you have multiple clients; however, counselors have the option to meet with each group member individually in order to gain consent from their
...g with veracity include not only the basic expectation that we are honest in our professional interactions, but also in the area of informed consent. Counselors must be honest with clients concerning all areas of treatment, including the responsibilities for reporting certain information to parents or the authorities. The client must be made aware that counselors are accountable to the client, but legally as well.
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.
In the case study of Gwen, there is one major problem presented. That problem is whether it is ethical for a supervisor to counsel his supervisee. I think that Gwen is going through the grieving process after learning about her mother’s condition and is in a vulnerable spot. She feels like she cannot continue her work with hospice patients because of personal feelings. Ken thinks that Gwen is a great therapist and does not want to see her give up. He also feels like he would be the most effective person to give Gwen counseling, because of their trusting relationship. I think that this would be a bad idea and could cross professional boundaries. The Ethical Guidelines for Counseling Supervisors strongly suggest against a supervisor entering in a psychotherapeutic relationship with supervisees. It is important to limit the possibilities of a dual relationship. Dual relationships can easily become unethical and present problems or possible harm to the client, which in this case is the supervisee. They can also create dependency or have unfavorable symbolic meanings. I also do not think it was a good idea that the counseling happened in the supervision sessions. This time should be spent on improving knowledge and helping clients. Spending most of the supervisor sessions working on personal problems could potentially harm the progress and well-being of the supervisee’s clients. My reaction to Ken blending the roles of supervisor and counselor is that it was not a good, professional, decision. He has entered a dual relationship with Gwen that could potentially cause harm to her or create a conflict of interest. Since Ken is Gwen’s supervisor, he has more power over the relationship than Gwen does. This power can easily be abused by Ken...
As a result if these ethics codes are not followed, legal action can be brought up against this counselor. Committing to clients is the first code of ethics which includes: “Primary Responsibility, Confidentiality, Dual/multiple relationships, Exploitive relationships, and counseling environments. “ Mental health counselors value objectivity and integrity in their commitment to understanding human behavior and they maintain the highest standards in providing mental health counseling services” ( https://amhca.site-ym.com/page/codeofethics). Establishing a relationship with the client opens up the floor in which she or he will be honest. S/he will be comfortable with speaking about the problem. The honesty of the client gives the counselor an ideal start of how the problem began. Under Ethic code C Assessment and diagnosis: Competent “Mental health counselors employ only
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...
Duty to protect involves working with clients who are a threat to themselves or others. The obligation of duty to protect differs for each state. If your state law permits for you as a counselor to warn or protect third parties’ you should always consider treatment as the first option. These laws do not require that the counselor make a call to the intended victim and to the police the moment a client discloses information confessing their desire to harm someone else. We are to conduct a thorough risk assessment, address these issues in the treatment plan, and work to address underlying issues, in an effort to prevent the harm from occurring, and to prevent the need to breech confidentiality (Barnett,