The Legal And Ethical Obligation Confidentiality Of Hiv Related Information Exist

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

Confidentiality is a concept of vast importance for professionals in the medical field. It is a professional obligation in this field and is considered to be an ethical concept that falls in line with integrity, compassion, veracity, charity, and fidelity as explained in both the International Council of Nurses Code for Nurses (1973) and the American Nurses Association Code of Ethics (1985). However, in today’s ever growing world of technology and demand for information, challenges continue to arise that force doctors and nurses to reexamine virtues such as confidentiality.

Forester-Miller and Davis’s (1996) ethical decision-making model suggests that the initial step in resolving an ethical dilemma is to first identify the problem and then clarify the nature of the problem. This entails gathering pertinent information that will help elucidate any potential ethical issues. One important matter to reflect upon is whether this dilemma is ethical, clinical, professional, legal or any combination of the aforementioned categories (Forester-Miller & Davis, 1996). Honing in on the nature of the ethical issue will provide some direction as to which avenues are the most applicable for the given ethical situation.

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,

The EAI indicates that ethical guidelines have changed from individual character to organizational ethics (Ethics Awareness Inventory, 2011). The prime focus of this change are client-patient relationships in psychological counseling and clinical practice (Fisher, (2013). Psychological counseling and clinical practice are both constructed on ethical guidelines with the possibility for misuse of power and negligence to discretion (Fisher,

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

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

HIPAA confidentiality is important for very patient but for some reasons when they hear someone has HIV or AIDS it gives them the right to talk about it with others which have no reason to know. I will show why it is so important to be sensitive to this type of health conditions. Will examine the social, legal, and ethical ramifications of improper information disclosure.

He recalls a disturbing cases of fraud and unethical treatment-the recent case, for example of a psychiatrist billing Medicaid for weekly sessions for a client who had died two years previously. He feels conflicted, torn between opposing the profit-driven corporate greed that drives the managed health care industry and supporting the need to screen out unethical, inefficient treatment, that at its best no harm to clients, and at its worst creates considerably more distress and fosters unhealthy dependence. On Fridays, he spend the day in the clinic on the first floor. David, specialty is in crisis intervention and trauma, and therefore, I select cases in which have clear precipitating events that have led to the presenting symptoms. His treatment is crisis-orientated and focused on reducing the immediate symptoms of the trauma. The deeper work may come later, but for now he helps clients regain their equilibrium after a particularly traumatizing life event. David has a lot on his plate and is willing to try is best to provide the correct treatment options for that

This population is not one population that the public ridicules so much. However they are in fear of these inmates getting out of prison and transferring the disease without notifying the other person that they are infected with HIV or AIDS. This can be a bigger problem than what people think especially if the partner to the inmate is unaware of the disease and goes to another partner with the disease they now unknowingly carry. This can become a huge threat to society. These inmates need to also know that knowingly having intercourse with someone and knowingly being infected during intercourse without telling the other person can be a felony which could land them back behind bars.

Lying on the Couch by Irvin D. Yalom has been both entertaining and interesting from a counseling standpoint in that it provides a scandalous and as was in most of the cases, a look at what could go wrong if ethics in a clinical counseling setting go awry. Following the characters of Seymour Trotter, Earnest Lash, and Marshal Streider in working with their clients and with each other the ethical lessons to be learned become obviously apparent, if not emotionally painful. Although, numerous issues arise throughout the book, there were at least three that will be covered within the context of this writing. In consideration of each of these ethical breaches there will be dialog on the nature of the ethical issue or violation, where the ACA ethical code applies, ramifications of the ethical issue or violation on both parties, and application of Kitchener?s five primary ethical principles that were involved or violated. In addition, the justification offered by the characters in the book for their actions or considered actions, application to the situation in the setting of Clinical Mental Health counseling, and indication of personal response to the situation presented. Understanding that the use of these ethical principles and considerations as they apply in counseling are unequivocally valuable tools in helping a practitioner in working with clients to make comprehensive decisions that will not create conflict within their ethical parameters and are aligned with the laws

There are three main HIV reporting systems which physician are required to use in making a report, name based reporting, code based reporting and name to code reporting. However, physicians and laboratories in the United States are required to report to local and health departments using the reporting system, although the requirements differ among states. As a matter of fact, reporting and notification helps in informing individuals about the possible risk of being HIV positive, receive HIV counseling and testing, and most importantly help them get appropriate medical care. Although individuals may be discouraged from undergoing testing if they know someone will notify their contacts. Similarly, some individuals threaten to discontinue the course of treatments if their status is revealed to

As with any patient/client relationships, there are several ethical considerations that should be paid special attention, and if any are present, should be reported immediately. These include any suicidal or homicidal

Because of the doctors’ profession, a psychiatrist must abide by the ethic of nonmaleficence when it comes to their patients. This article is true, “When conflicts occur among psychologists’ obligations or concerns, they attempt to resolve these conflicts in a responsible fashion that avoids or minimizes harm” (Ethical Principles of Psychologists and Code of Conduct, n.d.). For this profession, this is very important because their judgment can have a serious effect on a person mind. If there were no ethics to guide them not to do no harm, psychology could become an unethical profession within the health care system. This ethic could also be the reason for the raise of concern that Dr. McHale has for the detainee.