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Confidentiality in a helping relationship
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When clients come to therapy, they should be aware of all benefits and consequences of therapy. Counselors have a legal and ethical obligation to its clients and should provide the client with information about policy and the limitations of confidentiality, and the type of the care they will receive. Explaining to a client the importance of confidentiality and its limits, what information is privilege, and when they have a legal obligation to report information disclosed in the counseling session. The purpose of ethics is to provide professionals with guidelines for acceptable behaviors, helping to avoid slippery slopes, and provide fairness without bias, prejudice, and destructive behaviors. Counselors deal with a diverse population and …show more content…
The therapist in this case fails to warn a woman about an impending threat against her life. The therapist notified campus police about the danger of the client and they had no reasonable cause to detain him. The client went to the woman’s house with a knife and pellet gun and killed the woman. He was tried and convicted but was release on a technicality. Since his first trial and appeal was so expensive the prosecutor struck a deal with the defense for him to return to India. The woman parents sued the University because they fail to protect her daughter the case was dismissed because the university had no obligation to her daughter. There are a number of states that have passed a statue protecting a therapist from being sued for breach of confidentiality and some that haven’t. The case went for appeal: Did the doctor or university have a duty to warn a third party about a patient’s threats to do …show more content…
Information can only be released by expressed consent of the client or by legal or ethical reason. During the entire counseling process counselors explain the boundaries of confidentiality and try to find situations when confidentiality must be broken. Confidentiality does not apply when the safety of the client or others are in danger as required by law (B.2.a). With regards to end of life, clients have same expectations of confidentiality depending pertinent laws and certain conditions after consulting with other professionals and legal entities (B.2.b). If a client reveals that they have a disease that is infectious and life threatening, counselors may disclose this information to third parties only if the parties involve are at risk of becoming infected. Before notifying individuals the counselor must assess if the client have the objective is to notify others of their condition or the client manners suggest they are going to put others at risk. Counselor must abide by the state laws concerning disclosure and the status of the disease (B.2.c.). If a counselor has been court ordered to release privilege information about the client, the counselor should try to get written consent from the client or take measures to limit and prevent information from being revealed
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
Mental health professionals have an ethical duty to protect a client’s confidences. In fact, most view confidentiality is paramount to the hel...
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...
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
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
Mandatory ethics is the level of functioning where the counselor is abiding by the basic “do’s and don’ts” of professional counseling. These are definitive codes that will protect a counselor from legal action and professional censure. All mental health professionals will be held accountable by the minimum standards set by state licensure boards and courts of law. Issues addressed by the Code of Conduct of the American Psychological Association (APA) include, but are not limited to, competence, human relations, confidentiality and fees. (American Psychological Association, 2002)
Understanding the counseling session from the client’s perspective is a very important aspect in the development of a therapeutic relationship. A clinician must be an excellent listener, while being to pay attention to the client’s body language, affect and tone. The dynamics in the counseling session that is beneficial to the client include the recognition of the pain that the client is feeling. The detrimental part of this includes a misunderstanding of the real issues, a lack of consideration of the cultural aspects of the client, and a lack of clinical experience or listening skills. In this presentation, we will discuss the positive and negative aspects of the counseling session from the client’s perspective which includes the client’s attitudes, feelings, and emotions of the counseling session. We will next examine the propensity of the client to reveal or not reveal information to the counselor, and how transference, and counter-transference can have an effect on the counselor-client relationship.
The use of active listening is an essential skill to achieve this type of relationship as well as a sensitivity for clients who come from a culture different than the counselor’s culture. Great counseling also includes being honest with the client from the first session where informed consent is provided. It is important to discuss the limitations of confidentiality. Another important factor is to guide the client into setting realistic goals, so the counseling sessions can be more
Margaret Atwood’s most popular work, The Handmaid’s Tale, explores a dystopian society, called Gilead, ruled by God-quoting oppressors. These oppressors nourish their regime with political tactics aimed at controlling the populace to satisfy their agenda. The state has three main strategies for maintaining control: the manipulation of religion and the imposed belief that the government is acting on God’s will; the rescinding of sexual freedoms and the mechanization of sex; and the fear of corporal punishment awaiting political dissidents or those who go against the interests of the state. In the transition to Gilead, there was turmoil and fear. The Sons of Jacob, the group responsible for the philosophy and structure of Gilead, overthrew the government and
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
This paper will explore the concept of dual relationships between counselors and clients and the ethical implications of such relationships. In addition to presenting several examples of dual relationships, this paper will also explore how ethical decisions must be made to avoid potentially harmful or exploitive relationships in therapy as well understanding how different interactions between counselor and clients can be understood from an ethical standpoint, as well as how reviewing these ethical dilemmas may shape my future career as a counselor.
However, The HIPAA permits for disclosure of information when deemed necessary. Dr. Mathew can choose to take the situation as an emergency. Dr. Mathew can also disclose the information to help the authority apprehend the person who raped Irina because he is a security threat to other minors. 3 #
One of the ethically legal issues is confidentiality. For counselors and psychologists, confidentiality is a foundational ethical standard. Confidentiality is
In conclusion, confidentiality in counseling benefits both the counselor and the client. The counselor gains the public trust through the promise of confidentiality. The potential clients feel at peace at the idea of seeking treatment that will remain confidential. The counselor gets clients and clients feel motivated and at ease with counseling. Confidentiality however has limitations. The counselor needs to make sure that their clients are well aware of the exceptions to confidentiality before the counseling commences. Maintaining confidentiality involves more than just the mentioning the client’s name. It also includes not giving away information that will clearly identify the client. Counselors need to be careful and diligent especially during practice and discussions and ensure they do not give away any information that could easily lead back to the client.