Regardless Of The State In Which They Are Operating, Mental

The article “Duty to Warn and Protect: Not in Texas” cites the 1999 Texas Supreme court decision in the case Thapar v. Zezulka; which stated that counselors do not have a duty to warn and protect because it breaks client/counselor confidentiality (Barbee, Combs, Ekleberry, & Villalobos, 2007). As a result of the 1999 ruling 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).

The court held the psychologist responsible for the murder of his girlfriend and for not informing of the intent to harm. I believe Justice Tobriner said it best, “the protective privilege ends where the public peril begins.”

The Jaffee versus Redmond case forever solidified privacy rights between therapists and their clients. [1] Prior to this hearing, the courts did not fully acknowledge this privilege and deemed withholding information almost equivalent to an admission of guilt. The case involved line of duty shooting that took place in Illinois involving Officer Mary Redmond and suspect Ricky Allen, who she fatally wounded. The deceased’s family sued, citing excessive force on the grounds that the witness testimony differed from Redmond’s account. Following the shooting, the officer commenced therapy sessions. To bolster their position, the Allen family attempted to gain access to detailed information regarding those sessions.

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.

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

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

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

There were also different viewpoints and it was indicated that the therapist was in a catch 22 situation because the therapist could have reported the client, but risk getting sued if the client did not do anything for breach of confidentiality. The therapist could also get sued by the victim’s family for failing to report the client and failing to warn. Mental health professional over predict criminal activity, and they are no better at predicting crimes than anyone else. This is one reason why psychologists should know their state laws. Laws on reporting change per state and only adds to the value of knowing the states rules.

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

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

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 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

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

Mental health professionals ought to define their responsibilities of privacy to their clients and acquire acceptable informed consent before starting treatment and also acquire a signed disclaimer of confidentiality to permit anyone involved to discuss amongst themselves regarding matters of parenting and the minor's concern and well-being (Brodzinsky, 1993). The communication must remain confidential and not to expose any information to anyone including the lawyers (Brodzinsky,