The ethical issues presented in this scenario is the following: Jay has disclosed to the counselor that he is contemplating suicide the same evening and the counselor is aware that he has attempted suicide in the past and has the means to carry out his threat (Argosy University Online. 2015).
Because confidentiality is such a critical issue within counseling, exceptions to confidentiality must also be heavily considered. What if not breaking confidentiality leads to harm? Section B.1.c. outlines the exceptions to confidentiality including the fact that confidentiality does not apply, when disclosure is required to prevent clear and imminent danger to the client (Bongar & Stolberg, 2009). The limits of confidentiality that must be considered by the counselor in this case are listed below:
B.1.c. Respect for Confidentiality—protect the confidential information of prospective and current clients. Counselors disclose information only with appropriate consent or with sound legal or ethical justification (ACA Code of Ethics, 2014).
B.1.d. Explanation of Limitations—at initiation and throughout the counseling process, counselors inform clients of the limitations of confidentiality and seek to identify situations in which confidentiality must be breached (ACA Code of Ethics, 2014).
B.2.a. Serious and Foreseeable Harm and Legal Requirements—counselors keep information confidential does not apply when disclosure is required to protect clients or identified others from serious
The Tarasoff v. Regents of the University of California case on confidentiality are legal and ethics-related implications derived from the case where the psychologist failed to inform the victim or the parents of the victim of death threats, thus failing to carry out the duty to protect or warn. Three general categories of states include: those that mandate some duty to warn or protect (and that often specify whether law enforcement, the victim, or a combination should be “warned”); those that allow therapists to warn by protecting them from liability for breach of confidentiality if they do so, but do not require them to issue a warning; and those that offer no statutory or case law guidance (Johnson, Persad & Sisti, 2014).
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).
Counselors are inclined to protect clients’ confidentiality, and a client’s legal right to privileged communication reinforces that ability to defend clients’ privacy. This is definitely an advantage for a client, knowing their conversation is kept private and protected from outside sources such as the court of law, which might try to use this information against our client. As a future counselor my ethical duty will be with to know the concept of privileged communication, practical steps to take in order to protect clients, and exceptions to clients’ right to privileged
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.
B.2.a Confidentiality should be breached if the counselor believes the client will bring harm upon themselves or others. (The counselor would be obligated to break confidentiality in order to warn the
Section B.1.c. outlines the exceptions to confidentiality including the fact that confidentiality does not apply “when disclosure is required to prevent clear and imminent danger to the client….” This exemption was written with the suicidal client in mind, clarifying that counselors have a duty to protect client from harm and that this supersedes the harm that may happen due to a breach of confidentiality.
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
client, a question emerges how will the counselor convey this information to the client without also engaging in dishonesty? Based on APA ethical guidelines the following guidelines apply:
Finally, and perhaps most important, the ACA ethical code serves to protect this covenantal relationship as it continues to evolve” (p.121). By looking at counseling relationships as a covenant between the counselor and client the counselor will then respect the welfare and the dignity of their client.
According to Code of Ethics of the American Mental Health Counselors Association (2000) it has the following principle about confidentiality: At the outset of any counseling relationship, mental health counselors make their clients aware of their rights in regard to confidential nature of the counseling relationship. “They fully disclose the limits of, or exceptions to, confidentiality, and or the existence of privileged communication, if any. (Corey, Schneider & Callanan, 2011) This previous paragraph clearly stating what our ethical approach to confidentiality should be can be found in section 3.a in the Code of Ethics of the AMHCA. This paper starts with this probably confusing to others
Confidentiality is an obligation that counselors have professionally, ethically, and legally. They are prohibited from disclosing client information without written consent; unless the client is at risk for harming self or others (Gladding, 2011). Although confidentiality is not guaranteed in group settings, the therapist must inform the group of the importance of confidentiality, and establish what it means to them as a group. In order to keep confidentiality within a group, the leader must first teach the members how to communicate about their experience in such a way as to maintain the confidentiality and privacy of other group members (Corey, Corey, & Corey, 2014). From there, if confidentiality is broken within the group, the leader can
The article I chose covered confidentiality within the counselor-client relationship. The complexities that arise between confidentiality and what is required by law to report. The article provided a view of the complexities of privileged communication between the client and counselor. It is a balancing act between a counselors ethical and legal obligations. Each state has their own set of rules regarding confidentiality and what must be reported. The article summarizes how important confidentiality is to the counselor-counselor relationship. When a counselor is faced with having to disclose privileged information, they need to be well informed of the statutes within their state. Therefore, they can provide information regarding confidentiality
The moral code of the American Psychological Association has vital impact in the therapist's expert obligations. A standout amongst the most imperative of these codes is that of protection and confidentiality (Standard 4.0). Confidentiality assumes a significant part in the analyst/customer relationship. Most customers view the clinician as somebody they can trust in. By what means can a therapist abstain from breaking confidentiality in both individual and expert settings? Furthermore when is it legitimately and morally allowable to break confidentiality? The creator will clarify the part that confidentiality plays in the clinician's calling, and also examine the cutoff points of confidentiality, in addition to assess how this moral code influences
However, because counseling is based on a trusting relationship between the counselor and the students, the leader will keep the information shared by the members confidential unless district policy and/or ethical responsibilities require disclosure. These circumstances are if a child reveals information about harming themselves or others, or if a child reveals information about child abuse. In these rare cases only relevant information will be shared following district policy.
The impact and importance of keeping confidentiality agreements with clients in the mental health profession is discussed with the defining reasons for forming the therapeutic bond between the therapist and client. A compendious glimpse is given to the pledge therapists make to clients and society, as well as the morally ethical obligation to inform clients of the circumstantial reasons that necessitates breaking confidentiality. Included is a sententious denotation of notable cases which illuminated the challenging intricacies of honoring confidentiality and the mandated guidelines adopted by the mental health profession as a result of the verdicts rendered.