Legal Aspects of Professional Psychology

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.

The psychologist must carefully assess his/her clients’ opinions and needs of religious intervention and, in most cases he/she must obtain informed consent (Fisher, 2012; Standard 10.01, Informed Consent to Therapy). Many religious interventions may be considered appropriate by some clients and inadequate by others. Different spiritual beliefs may affect clients ' hopes, expectations and needs in therapy.

Psychologists should seek to benefit and avoid causing harm to those they work with professionally.

Confidentiality however, is not a guarantee, but rather a privilege as illustrated in the Tarasoff case. Absolute confidentiality cannot be promised to a client. It can only be protected to an extent permitted by law (Corbin, p. 4). Therefore, limitations on confidentiality need to be openly addressed throughout the therapeutic process to ensure the clients understanding. Difficulties arise when a mental health professional must decide which client might be considered dangerous confusing the clinician’s obligations (Corey Et Al, p. 230). The Tarasoff decision nearly forces the helping professional to be psychic, holding them responsible for predicting violent actions, an almost impossible endeavor.

If psychologists learn of misuse or misrepresentation of their work, they take reasonable steps to correct or minimize the misuse or misrepresentation” in Carolyn’s case the psychologist continued on with the assessment without being aware of family background and allowing a mentally disabled woman to make her own decisions even if they did not benefit Carolyn’s medical or mental health. There was not even an attempt to contact the medical professional Carolyn may have seen from time to time. Apparently there was no written data within this psychologist reach

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).

* I don’t believe it is in the best interest of the original client (the husband) for the counselor to offer marriage counseling to the couple. The scenario does not address the training of the counselor in this field. If I were the counselor, I would continue to see the husband, dealing with his issues and refer the couple to a marriage counselor.

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).

Therapy relationships with clients. The psychologist to patient relationship during therapy is a crucial aspect. It is within ethical guidelines that the psychologist clearly establish his role whether it be with an individual, group, or family therapist. These roles need to be understood for the variety of issues that may arise; one of which is the disclosure of information. Psychologists, for obvious reasons, are not to have sexual relationships with patients or former patients within a

After the client signs the inform consent and understands what therapy entails, then the client may start to feel a little at ease. The therapist may need to ask some questions regarding the client’s background, to help the therapist understand the client. Also, the therapist needs to be warm and empathetic in listening to the client. This will help

This psych article explains how the evolution of ethical guidelines has brought guidance for the psychologists during their studies. Authors, Morgan and Carroll say “the evolution of ethical guidelines advocates for the continuing role of psychologists in the provision of consultation to help ensure safe, legal, ethical, and effective operations” (1). This article also lists five ethical guidelines and principles that most psychologists also follow. These guidelines include beneficence and no maleficence, fidelity and responsibility, integrity, justice, and respect for people’s rights and dignity. When it comes to beneficence and no maleficence psychologists ensure that their work minimizes any harm.

Psychologists are very important people; they help millions of people with their everyday struggles and problems that they have to deal with. Not only do psychologists help people with problems that they cannot handle on their own, they also are scientists who study human minds and behaviors.

The second ethical issue occurred when the psychologist disclosed information about Mr. Hartwig’s to his psychiatrist without Mr. Hartwig’s consent. The psychologist motivations for contacting Mr. Hartwig’s psychiatrist appears to be ethical. He was attempting to establish a collaborative relationship with the psychiatrist in order to maximize the effectiveness of each for of treatment in order to best serve the client (APA, 2002). However, The APA guidelines on stipulate that while psychologist should attempt to establish a collaborative relationship they must request release from the client before disclosing confidential information (APA, 2002). The client shared the name of his psychiatrist, but there was no evidence that the client consented to an exchange of information between the two professionals. In addition to the psychologists’ obligation to obtain consent to disclose information to the psychiatrist; he was also ethically obligated to ensure that the client understands what he/she is giving consent for. Koocher and Keith-Spiegel, suggest elements that a release-of-information form should include; who the information is to be released to, and any limitations on the information to be released (2008). If the client consented to disclosure with the

When discussing the importance of professional boundaries in mental health work, most people think first of relationships between psychotherapists and clients. However, similar boundary considerations are relevant for professor–student relationships, supervisor–supervisee relationships, consultant–consultee relationships, and researcher–participant relationships. Although different dynamics are at play, the relationships psychologists have with each other, with other professionals, and with the general public have boundaries that warrant ethical consideration as well. The American Psychological Association (APA) offers some guidance. The APA Ethics Code says, in Standard 7.07: "Psychologists do not engage in sexual relationships with