Ethical Vigette

Clearly, confidentiality is essential to the healing process. However, though it may appear to be a relatively easy concept, its application in the therapeutic atmosphere has proven to be quite complex (Younggren & Harris, p. 589). One issue that causes confusion for many professionals pertains to the differences between confidentiality and legal privilege. Quite often, ethical obligations overlap with the legal requirements. Frequently, the practitioner is not well informed about these particular limits on confidentiality and this lack of knowledge can place both the client and the helping professional at risk (Younggren & Harris, p.590, 598).

In the relationship between counsellor and client the need for confidentiality is vital as it is not only the bases that the relationship is built on and it is a legal obligation.

Before a counselling session starts it is important that the client understands confidentiality. To be able to understand this the counsellor must explain to the client that anything they say within the

According to the ethical and legal principles of the counseling profession, it is our morally professional responsibility to break confidentiality in order to eliminate the possibilities of chaos, to the best of our ability. The American Counseling Association (ACA) code of ethics explains adherence to confidentiality in a number of instances. In standard A.2.e., Mandated Clients, it describes the requirements for informing mandated clients of the limitations to confidentiality and, should an issue arise, to whom the revealed information must be shared with. This rule applies to all clients. The counselor’s responsibility to do so must be conveyed to the clients at the very beginning of the counseling relationship, with periodic reminders throughout sessions, and include the dangers involved if the client refuses to participate in the mandated sessions. ACA code of ethics further explains in standard B.1.c., Respect for Confidentiality, that counselors are to guard “confidential information” and “disclose” this “information only with appropriate consent or with sound legal or ethical jurisdiction.” Therapists must also “identify situations” where breaches can void or challenge confidentiality (ACA, 2014, B.1.d., p. 7).

However, it is not always that simple and there may be some instances when it is not possible to maintain total confidentiality and the counsellor my have to pass on certain information that was revealed. For example, if a crime has been committed or if there is a risk of harm to another person. In this case the counsellor must be clear with the client what information they may have to pass on and to whom.

Professional counselors and their staff are exposed to sensitive client information and records. The helpful receptionist and whose privilege videos, show how to apply both the American Counseling Association Code of Ethics (ACA Code of Ethics) and state board counseling laws to common ethical scenarios. The content explores aspects designed to call attention to favorable and unfavorable skills and techniques in handling such matters. These two videos demonstrate the limitations of confidentiality and privileged information. As a professional counselor one is expected to uphold the principles of confidentiality and privilege according to the ACA Code of Ethics and state laws. One may conclude that the helpful receptionist video shows clear violations of confidentiality. While the whose privilege video indicates the significance of insuring that counselors comprehend state laws and ethics codes pertaining to confidentiality and privilege. Furthermore, counseling professionals are held accountable for violating ethics codes and state laws as well as training staff on informed consent.

This paper is a response to a video discussing the issues of confidentiality, privilege, reporting, and duty to warn. This paper looks at these issues and their explanations in the American Counseling Association Code of Ethics as well as the Georgia State Board of Professional Counselor’s ethical guidelines and provides a commentary on the laws. It was found that these issues are not always black and white, but there is some debate on these issues. Confidentiality is both an ethical and a legal responsibility yet there are often times when the ethical demands clash with the legal demands. This paper explores some of those crashes and explains what I have learned from the video and the professional and stage guidelines concerning confidentiality and its implications and how I will apply what I have learned into future practice.

Remley and Herlihy (2016) defines confidentiality as an ethical concept which refers to the counselor 's obligation to respect the client 's privacy and in session discussion will be protected from disclosure without their consent (p.108). The receptionist never disclosed what was being discussed in wife A session; however, her inadvertent breach of confidentiality occurred the moment she divulged the fact that wife A is a patient at a mental health facility. An important premise to understanding the ethical principle of confidentiality is base that a counselor respects the client 's right to privacy (Remley & Herlihy, 2016; Quigley, 2007). Premise one states the "counselor honor the rights of clients to decide who knows what information about them and in what circumstances" (p.110).

Video presentation: The video clip was quite interesting I found it to be very educational as to the legal obligations of therapists in the mental health field. There were issues that were brought up that were quite important, such as therapists need to understand confidentiality, privileged information, and a therapists responsibility related to reporting suspected child abuse, elder abuse, and/or suicidal ideations, and possibly the most important of them all is a therapists duty to warn. The first case they were

The ethical dilemma I wish to explore is The Duty to Warn. This refers to the duty of a counselor, therapist to breach one of the most important bonds between a client and a therapist; the law of confidentiality. The therapist has the right to break confidentiality without the fear of being brought up for legal action. If the therapist believes that the client poses a danger, or is a threat to himself, someone else, or society as a whole, the therapist must decide how serious of a threat the client may be, then if he decides it’s a serious issue, he must notify the person in danger, which would e the third party, or the police, or other people who may be in the

Breaking confidentiality is a serious ethical component in counseling and must be considered very carefully before doing so. Each state has laws regarding the disclosure of confidentiality whether it to the courts, the clients, relatives, lawyers, schools, or other unbiased parties (Corey et al., 2015). It is very important that the therapist is aware of the laws in regards to disclosure of confidentiality in the state in which they practice to ensure that they are practicing in an ethical manner and to avoid any legal

When mental health counselors work with various clients during their career, they need to practice confidentiality and privacy when conducting one-on-one, group, or any type of counseling services. Like any medical patient, mental health clinicians need to treat their clients with dignity and respect. It is extremely important for the mental health counselor working with his or her assigned caseload

Both the ACA (2005) and AACC (2004) code of ethics require the counselor to maintain client confidentiality to the fullest extent. Working in the counseling field, trust is a rock in the foundational of a helping relationship and confidentially plays a large role in the client counselor relationship. Both codes share similarities regarding their stance on confidentiality. When counseling others, a counselor is to inform their clients about their commitment to confidentiality as well as their limits before

This is also stated in subsection 1-421 of the AACC code of ethics (AACC Law and Ethics Committee, 2004, p 12). However, the ACA guidelines with regards to this area are more comprehensive and clearly stated than the AACC guidelines. Section B of the ACA code of ethics provides guidelines on how a counselor can maintain client confidentiality in various circumstances such as incapacity of client, when treatment calls for services with others and even in consulting other counselors (American Counseling Association, 2005, p 7-9). On the other hand, the guidelines of the AACC are more limited in scope as can be seen in Section ES1-400 (AACC Law and Ethics Committee, 2004, p 11-13).

As explained in this chapter, an essential part of the ethical practice is to discuss the rights that clients have before starting the session. This is beneficial for clients as they become autonomous of their decisions, and for counselors because they can avoid ethical complaints from their clients. Providing an informed consent document to clients is one of the most important ways of respecting their rights. This document clarifies the boundaries within the sessions, provides general information about the therapeutic process, the benefits and risks of receiving therapy, and informs the client about his/her right of confidentiality, including its limitations and exceptions. In the first meeting with the client, the counselor should provide informed consent either verbally, with a document, or in both ways (Corey, Corey, Corey, & Callanan, 2015).