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ethical confidentiality for counseling
confidentiality as an ethical issue in counseling
confidentiality as an ethical issue in counseling
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Recommended: ethical confidentiality for counseling
In the counseling field, it is necessary for clients to trust the therapist and be able to disclose sensitive information about themselves. Many times when a person is coming in for counseling the individual is vulnerable and looking to improve the quality of life. This is the reason why confidentiality is highly important in therapy. It is an essential piece that helps to create a rapport and relationship between the client and therapist. One area in which it is extremely important to explore confidentiality is when clients have HIV/AIDS and there is a third party involved. The HIV/AIDS epidemic has presented an ethical dilemma for many counselors in knowing how to approach decision-making processes in situations encountered within this population (Cottone & Tarvydas, 2007).
Confidentiality is “the obligation of professionals to respect the privacy of clients and the information they provide” (Cottone & Tarvydas, 2007, p. 31). There are ethical principles that promote the concept of confidentiality universally in both professional code of ethics and legal standards. Legal confidentiality prohibits the counselors discussing private information discussed in sessions to individuals outside the organization. Professional associations cannot necessarily provide legal confidentiality, however the professional association can revoke memberships (Cottone & Tarvydas, 2007).
The American Counseling Association states the following regarding contagious, life-threatening diseases, “When clients disclose that they have a disease commonly known to be both communicable and life threatening, counselors may be justified in disclosing information to identifiable third parties, if they are known to be at demonstrable and high risk of contract...
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...ote the most ethical, beneficial outcome and care for the client and the others involved.
Works Cited
Chenneville, T. (2000). HIV, confidentiality, and duty to protect: a decisions-making model. Professional Psychology: Research and Practice, 31(6), 661-670. doi: 10.1037/0735-7028.31.6.661
Cottone, R. R., & Tarvydas, V. M. (2007). Counseling ethics and decision making. Upper Saddle River, New Jersey: Pearson Prentice Hall
DiMarco, M., & Zoline, S. S. (2004). Duty to warn in the context of HIV/AIDS related psychotherapy: decision making among psychologists. Counseling and Clinical Psychology Journal, 1(2), 68-85. Retrieved from Academic Search Premier database.
Rowan, J., & Zinaich S. (2003). Ethics for the professions. Belmont, California: Wadsworth Cengage Learning.
Shallcross, L. (2011). Do the right thing. Counseling Today, 53(10), 28-34.
This case presents a very delicate situation that presents many legal and ethical questions. Do you tell your brother his partner has HIV? I would tell my brother, but the how and when, may vary based on circumstance. From a professional ethical standpoint, it would be unethical to disclose the patient’s HIV status without consent. It would violate the patient’s right to confidentiality, as it is the patient’s choice whom information may be shared with (Beemsterboer, 2010, p. 50). It could also be argued that it is a violation of the principle of nonmaleficence. By providing the patient’s HIV status to people unbound by HIPAA, you are putting the patient at risk of discrimination. This could cause mental anguish or psychological issues, therefore, in essence, inflicting harm on the patient. The most valued application of nonmaleficence is, “One ought to not inflict harm” (Beemsterboer, 2010, p. 42). This would outweigh the ethical argument that you are also preventing harm to your brother, another less important application of nonmaleficence (Beemsterboer, 2010, p. 42). There is one professional ethical principle that I would argue was being applied. This being the principle of paternalism, stating that healthcare providers should do what they deem best for the patient according to their ability and judgment (Beemsterboer, 2010, p. 47). If the patient had a sexual encounter with the brother, and did not inform him of her HIV status, she may be arrested for reckless endangerment according to Pennsylvania law. A case where an HIV-positive person did not disclose their status to their sexual partner was brought before the Pennsylvania Superior Court. According to Pennsylvania law, “Disclosure of HIV status is a defense ag...
Huey, W. C. (1986). Ethical Concerns in School Counseling. Journal Of Counseling & Development, 64(5), 321.
Melchert, T., & Patterson, M. (1999). Duty to warn and interventions with HIV-positive clients. Professional Psychology Research and Practice, 30 (2), 180-186.
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 circumstance. For example, if you were practicing mental health professional and had a friend who’s a licensed psychologist, who is invited to attend the wedding of a patient that she has been seeing in court-ordered therapy for a year; what advice would you give your friend?
A counselor should always keep their thoughts to themselves and remain open-minded about the situation. The only time a counselor should share their thoughts is if it helps the client with their situation that they are dealing with. “Counselors must practice only within the boundaries of their competence (Standard C.2.a.), and, if they “determine an inability to be of professional assistance to clients” (Standard A.11.b.), they should facilitate a referral to another provider. (Kocet, M. M., & Herlihy, B. J. (2014). Addressing Value-Based Conflicts Within the Counseling Relationship: A Decision-Making Model. Journal Of Counseling & Development, 92(2), 180-186 7p. doi: 10.1002/j.1556-6676.2014.00146.x).” Keeping your thoughts to yourself is
...be pathway to autonomy by supporting a person’s entitlement to make decisions about their own health and health care (Feinsod & Wagner, 2008). It is a person’s right to know when they seek medical treatment it will be delivered with no bias or discrimination. This can be achieved by continuing AIDS education in health care facilities and to their staff. The education would also benefit society. The health care community has an ethical duty to do whatever is needed to ensure that all patients, including those with AIDS, gain from the most current treatments. Nurses have many roles in patient care. Expanding some of those roles, in order to determine the various aspects of a patient’s life, to help organize services to start/continue the most current treatment available to AIDS patients, may assist in minimizing the fear of discrimination in the clinical setting.
Ethics in the counselling and psychotherapy protects the client and the therapist involved in the therapeutic relationship and the therapeutic process as a whole; with the concepts that act as a guide for the therapists in provision of good practice and care for the client. The framework is built on values of counselling and psychotherapy; principles of trustworthiness, autonomy, fidelity, justice, beneficence, non-maleficence and self-respect, and provides standards of good practice and care for the practitioner (BACP, 2010). Ethical framework contributes to the development of the therapeutic relationship and process by assisting therapist’s decisions, and guides their behaviour and proceedings within their legal rights and duties. The ethical frame is structured on the boundaries of the therapeutic relationship and the therapists should be aware of their categories and be responsible for their forms. Monitoring and being aware of what goes on in and out of the room physically, emotionally and psychologically is primarily the duty of the therapist.
Example, there are times when we have patients who were tested positive for HIV and after counselling still refuses to disclose their status to their spouse. The spouse is the one taking of this patient in the hospital and you can see her using her bare hands to handle the secretions of the patient despite been warned to use latex gloves. As a nurse or doctor you understand the implication of it and understand fully well that the wife might also be positive. The patient is already on anti-retroviral drugs and is responding gradually but the wife on the other hand knows nothing. The law permits for the wife to be told about the husband's status and she also counselled to undergo the test. If it comes out positive then the treatment is commenced immediately. The treatment will help to increase her CD4 count and save her life. In some cases HIV patient instead of telling their family members to take precautionary measures when caring for them they don’t and the life of this care givers is put at stake. In such cases the nurses can only ensure that their caregivers are educated on proper use of hand gloves to proper themselves especially when dealing with secretions from patient
The expectation in the practitioner/client relationship is that any information disclosed will not be shared with others. Confidentiality is emphasized to provide the client with a safe haven in which to share traumatic events or embarrassing personal information about themselves (Krase, 2013). Disclosing this type of sensitive information...
Corey, G., Corey, M.S. & Callahan, P. (2007). Confidentiality: Ethical and legal issues. In Brooks/Cole (8th Ed.), Issues and Ethics in the Helping Professions pp. 208-264.
Ethics is important for both group and individual counseling, especially group counseling. Both are beneficial; however, group counseling allows a counselor to work with a small-to-medium size group of people who share similar struggles. Members have the ability to learn from one another. Ethics in group counseling is crucial because the counselor or group leader is not only responsible for one person’s personal struggles, but the struggles of multiple people within the group. Counselors and group leaders must emphasize confidentiality in group counseling sessions, unless what a person is sharing is a danger to themselves or others, or against the law. Group counseling has many positives; however, it is important
In today’s society with the blogs, the gossip sites and the other forms of social media, confidentiality is a thing of the past. However, for, physicians and other health professionals, they are held to a higher standard to maintain a level of ethics and confidentiality for their patients. Confidentiality is a major duty for a health professional, but is there ever a time to where it is okay to tell what a patient says in confident? What if the patient is a minor, or a senior citizen or someone who is mentally challenged? What if a patient is being abused or wants to commit suicide? Does it matter if it is a nurse, or a dentist, or a psychologist or is all medical professional held to the same moral standard? What roles does a consent form or Health Insurance Portability and Accountability Act plays in the medical world in being confidentiality? I would like to explore Confidentiality and the moral effects it has on the health profession.
Each situation discussed in this paper provides opportunities for a counselor to explore how a dual relationship would impact the therapeutic relationship with clients and the overall well being of clients. Each ethical dilemma should be handled individually and with the support of a counselor’s supervisor while also taking into account laws or guidelines set forth by employers as decisions are made. As a new counselor I look forward to this decision making process and the personal growth I will experience and the clients I will benefit as a result of my ethical actions.
Various articles examining the ethical and legal issues surrounding the disclosure of HIV status prior to sexual relationships make evident that the disadvantages of disclosure outweigh the benefits, making clear that disclosure is unnecessary.
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 happening in a counseling setting and serves to inform the client to their rights, responsibilities, and what to expect. Most importantly, the informed consent is in place for the client’s benefit. It also is important to understand that culture and environment play a role in the treatment of a client and how theories can positively or negatively impact this treatment. Therapists need to understand how to work within the context of a theory while being able to understand the individual in their own environment. Although theories are put into place to serve as a framework, there are also alternative ways to approach counseling, one example being evidence-based practice. Such an approach is very specific, which presents a series of solutions for counseling as a whole, but also brings forth many problems. Every approach or theory introduces ethical concerns that need to be taken into consideration by the entire counseling community and how each can positively and negatively affect clients and the pr...