One of the most controversial issues is whether practitioners have a duty to disclose their client’s HIV status if an identifiable third party is at risk of becoming infected. Several factors influence whether therapists decide to listen to the law or the ethical guidelines, since they are extremely contradictory. Hook and Cleveland (1999) argue that breaching confidentiality in cases related to HIV/AIDS is wrong. The researchers communicate that mental health professionals have a duty of non-maleficence and by breaching confidentiality, they are doing more harm than good. Certainly, disclosing that a client is HIV-positive to a third party could leave him/her vulnerable to discrimination as well as stigmatization. Given that a therapist’s
An essential job duty for any healthcare professional is to be able to service clients. The Code of Ethics (1999) outlines that service means to use the knowledge that a social worker has acquired through training and education to assist clients with issues that are inhibiting them from living their life completely and without suffering. By this definition, a social worker’s job is to assist a client with real-life issues, such as depression and anxiety, which are faced by the majority of the elderly population (Richardson & Barusch, 2006). For a social worker, assisting clients who face mental illness means
The American Counseling Association and the American Mental Health Counselors Association Codes of Ethics both provide guidance and direction in making ethical decisions for their members (ACA, 2005) (AMHCA, 2010). Both the ACA and the AMHCA Codes of Ethics cover a wide range of moral and ethical situations that could present themselves to mental health professionals. Both of these codes of ethics have significant impacts on the counseling profession. The tools provided by these codes of ethics ensure that mental health professionals are able to conform to the regulations set forth. They address common concerns from varying points of view. Understanding these codes of ethics is essential to all mental
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).
Overall, both sides of the argument make very valid points when it comes to patient/partner confidentiality, autonomy, and the moral obligation of the individuals who willing know that they are infected with HIV/AIDS to tell their sexual partner. As stated before, I firmly believe that any individual who engages in sexual activity with a partner are ethically and morally obligated to tell them if they are aware that they are in fact carrying the HIV/AIDS virus. To me, this is a very important aspect to help in the prevention and control of the deadly epidemic of the HIV/AIDS virus. Quite simply put, “the individual who knows that he is HIV seropositive or who has reason to believe that he may be, has a moral duty to forewarn prospective partners of his HIV status and is responsible for their fate if he does not” (Erin & Harris,
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.
Shadow charts were developed to gather data and information for additional departments and medical personnel that need access to part of a patient’s file or records. The original records should always remain in the patient’s primary chart allow copies may be available to ancillary departments that may need access to the information. The same level of confidentiality and security applies to the shadow charts. They must be in a secure location with access by authorized personnel only. Additional information that should be included in shadow charts is a formal recording process to document those who access the information. Furthermore, a consistent system of upgrading the
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).
These three characters in this vignette brought up many good questions related to confidentiality, mandated reporting privileged information, and the Therapists responsibility related to reporting suspected child abuse, elder abuse and/or suicidal ideations, and the Therapists responsibility to warn third parties if it is apparent that they are in imminent danger. Constance states she believed the victim should be allowed to win in this case as they failed to avoid an avoidable harm. In so saying it is obvious to me that confidentiality cannot be an absolute, nor do we work in a perfect world. So as one goes forward working as a therapist and the mental health field it is important to understand the standards of our profession and how it is important for us to know whether a victim is in peril and that we always have the duty to warn or protect individuals in our care are affected by those that we provide mental health care for
There are several ethical dilemmas that the mental health professionals that are working as a team will face including “ensuring that the client has given informed consent, maintaining client confidentiality, and involving professionals, paraprofessionals, and family in appropriate coordinated processes that benefit the client” (Paproski & Haverkamp, 2000, p.96).
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
There are numerous ethical issues a counselor must confront during their work; dual relationships and confidentiality being two of them and are going to be discussed here. Both are important to both the client and the profession, as they set the expectations for how counselors are to act professionally (Miller, 2015). Ethical principles “direct the moral and value-based decisions that affect the counseling process” (p. 557). Without them, the profession lacks these moral and value-based directives and the ship that is “addiction counseling” has no rudder. It is directionless and adrift.
A counselor’s primary goal is to have integrity, while also having the client’s well-being as a priority. While competency is the most important factor in professional counseling, a level of trust needs to be met between the client and the counselor. When a client has full confidence that the counselor will maintain confidentiality, the counselor’s integrity has been established and the client can being to open up more to the counselor, establishing better tools for increasing mental health (Sanders, et. al., 2013, p. 263). Sexual identity therapy is also a potential means of.
Although confidentiality is considered to be of great importance in therapeutic relationship, one must not assume it to be independent. In particular, confidentiality ought to be compromised whenever it conflicts with a higher moral value, such as the duty to safeguard human life. Most often physicians do not know if to disclose the HIV status of their patients to known contacts or if failure to do so may give rise to liability if the known contact becomes HIV positive. This is one of the most controversial issues in reporting and partner notification
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
The involvement of outside sources or ethical arrangements has been apart of medical practices for as long as they have been around. As the times have progressed, more and more people have meshed together the need for moral obligations within the practice of medicine. From everything from patients who get priority, to how much to charge for a service or drug, ethics have always been applied. The latter of the two I just mentioned is where I will focus on the different ethical viewpoints of that subject matter. The writings of John Locke would have a specific stance on the freedoms of pricing a service or drug. His backing of natural rights would entail a view in which there is no reason to limit how a medical service or drug is priced.