Vignette One
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).
On the contrary, if wife A can prove emotional distress due to the receptionist 's breach of confidentiality, she may be entitled to a settlement. From this vignette it was evident that wife A was not ready to disclosed to her husband that she was seeing a counselor. Texas Health and Safety Code, chapter 611 states "a licensee shall not disclose any communication, record, or identity of a client” (Rule § 681.45). Although, a novice counselor may believe this was a minor in fracture that the receptionist has caused without a doubt a violation to wife A’s right to privacy. A licensee’s is held legally responsible for a breach of confidentiality cause by even their subordinates namely
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
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.
The subject I intend to reflect upon is confidentiality within a professional healthcare setting. Confidentiality formed a part of our professional issues lectures and it piqued my interest due to how differently it is interpreted within healthcare as opposed to education, which is my background. In an educational setting I was taught repeatedly that I could never ensure confidentiality between myself and a child. Comparing that to what I have now learnt in healthcare, this seemed to me almost the opposite way of working as I was used to and so I wish to reflect upon this.
The nature of the banker-customer relationship is one of agency. Amongst the duties that stem from this relationship, the bank’s duty of confidentiality is clearly an issue of great importance. The focus of this essay is on the scope and limitations of the bank’s duty, both to its customers as to the public. In order to analyse this it is necessary to firstly consider the idea of duty of confidentiality, Secondly, it is necessary to study the Court of Appeal’s judgement in the case of Tournier. Thirdly, this essay will take the Jack Committee report into consideration. Lastly, this paper will briefly mention the Banking Code, it will also discuss whether the principle in Tournier may be outdated and if so, whether it is in need of a new crystallised self, clearly stating the limits and boundaries of the bank’s duties both to the customer and to the public itself in the form of a statute. To conclude this essay will consider the future of the duty of confidentiality.
* I believe it is unethical for the counselor to reveal anything said in individual counseling with the husband. She didn’t address a “no secrets” policy in the informed consent. Sharing this information with the wife without his permission is unethical. In marriage counseling the “no secrets” policy needs to be addressed and explained in the informed consent. Since she did not have a policy concerning this, she is bound by confidentiality which should have been in her informed consent.
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
When it comes to confidentiality there are rules that one has to follow in order to abide by the person’s rights. Using caution when talking to others about the client who want to obtain information that they are not at liberty to have. An example of this would be someone claiming to be a patient’s friend wanting a room number in the hospital to go visit them. Confidentiality is a very delicate situation in the practicing field of professionals.
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
Everyone is entitled to confidentiality unless they give permission for someone else to see their information or they can no longer make decisions on their own (for example, if they are confused or comatose). A federal law, Health Insurance Portability and Accountability Act applies to most health care physicians and its guideline, known as the Privacy Rule. The Privacy Rule sets specific rules regarding privacy, access, and disclosure of information. For example, HIPAA specifies the following:
This was very well written in my opinion. I agree with your assessment that there is no way around the state law that the nurse practitioner had to report both the physical and sexual abuse. In doing so, the nurse still can maintain both confidentiality, the right to privacy and meet all the standard principles. Lori’s response may be one of anger, or relief, or may even be of distrust to the nurse, but, if the nurse is willing to explain the reasoning of why she has to report, and be open and honest with Lori, the bond could be maintained (Burkhardt & Nathaniel, 2004).
Can you trust someone with your private information that does not understand confidentiality? Confidentiality is the ability to develop a trusting relationship with a client by keeping his or her information private. One must remember that no genuine therapy will occur unless the client can trust the therapist completely. Therefore, a therapist must be honest and upfront about the limitations of what is considered confidential. Mental health professionals are forced to deal with confidentiality, because it is both a legal and ethical issue, requiring difficult decision making when releasing information.