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Ethics and legal issues in clinical psychology
HIPAA privacy and security rules easy
Legal and ethical issues in psychology
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Confidentiality, Privacy, Privilege, and Informed Consent
a. Define the terms privacy, privilege, confidentiality, and informed consent. How do they differ from each other?
Privacy, confidentiality, informed consent and privilege all differ from each other in some way. Privacy is the condition of being free from unauthorized intrusion, confidentiality is allowing people to know something on a need to know basis. Informed consent is getting the permission from a person to do so some type of act, and privilege allows for conversations taken place in a protected relationship to be safeguarded. They all are different from each other because each one has a different type of restriction. Privacy is tailored to everyone, privilege is referring to
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They investigate and determine if entities are in compliance with the HIPAA Privacy Rule. According to Fisher (2017), “Under HITECH, clients/patients also have a right to receive information about disclosures made through a covered entity’s electronic health record for purposes of carrying out treatment, payment, and health care operations.” HITECH also added a maximum penalty amount of $1.5 million for all violations of an identical provision (Government Relations Staff, n.d.).
g. How you would deal with parents requesting information or records of a minor child's therapy sessions? What would guide you in decision
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Working with minor’s record can be complex and cause an ethical dilemma (Ellis,2009). I would first determine the level of confidentiality that is needed on the basis of the child’s presenting problems, age, maturity, and so forth, then hold a pretreatment family meeting to explain his/her rationale for this decision. I would then prepare a written professional services agreement that provides details of the limits and conditions on confidentiality. Hopefully they parents would be involved in the treatment, in some way. I would maintain confidentiality during the one on one sessions. At this point I would have to step away from the outline and follow my state protocol which is that Sections 153.071 through 153.076 of the Family Code say that parent have a right to their child records (Texas State Board of Examiners of Psychologists, 1999).
The release of Mental Health Records: Chapter 611, Texas Health and Safety Code would guide me in my decision making (Texas State Board of Examiners of Psychologists,1999). However, if I thought that I was conflicted with state laws and APA ethics I would refer to Standard 1.02 it states, “If psychologists’ ethical responsibilities conflict with law, regulations, or other governing legal authority, psychologists make known their commitment to the Ethics Code and take steps to resolve the
How would you like to keep track of your personal health information record in your computer at home? The electronic data exchange was one of the goals of the government to improve the delivery and competence of the U.S. healthcare system. To achieve this plan, the U.S. Congress passed a regulation that will direct its implementation. The Department of Health and Human Services is the branch of the government that was assigned to oversee the HIPAA rules. The Health Insurance Portability and Accountability Act (HIPAA) of 1996 is a national public law in the United States that was created to improve health insurability, prevent insurance abuse and to protect the privacy and security of a person’s health information.
...rt of the medical profession, the therapists are expected to maintain the confidentiality of their clients. A psychologist must be able to acquire a client’s trust in order to keep quality confidentiality amongst the two parties. Only on seriously occasions should the patient’s records be shared, under certain other conditions the psychotherapy records of a minor can be reviewed by others without prior written consent. The Health Insurance Portability and Accountability Act (HIPAA), psychologists can usually give way the patient records to parents or legal guardians. Some of the ethical rules that apply to the practice of child and adolescent psychiatry are clear and generally agreed upon For example, rules against sexual contact or harsh or abusive treatment are encoded as boundary violations. A psychotherapist must be able to respect the boundaries of the client.
Lawrence, G., & Robinson Kurpius, S. (2000). Legal and ethical issues involved when counseling minors in nonschool settings. Journal of Counseling & Development, 78, 130-135.
...fines for breaches. There were federal grants and/or incentives for those organizations and individuals that chose to use the EHR via the Health Information Technology for Economic and Clinical Health Act. The people are so sure that the Health Information Technology for Economic and Clinical Health Act would work that they even provide incentives for training programs so that the people can be well educated and knowledgeable in regards to the EHR system. We all have medical records in some physician's office and we would like to know that our medical history is kept safe from those who does not have permission to access our information. Since the HITECH Act allows a variety of random audits, healthcare organizations and individuals will work harder to ensure that they are up to par on all of the federal guidelines in regards to their patients privacy and security.
The school setting makes this task quite daunting since “a culture of open communication regarding student information is quite common among educators in school settings” (ARTICLE P337). Even so, it is important to disclose only the most vital information so as to not jeopardize one’s job duties nor compromise one’s ethics. When taking in a situation in its entirety, a school counselor must dissect all of the information given and only release what is absolutely necessary in order to take action – if any action is needed. The relationship of trust between the school counselor and the minor student must be kept intact and remain unaffected at all cost. Releasing too much information would create mistrust and separation between the two, leaving the student with no one else to turn to.
The purpose of this visit was to initiate therapy to resolve the cycle of conflict between the child and mother. My client is very hyper and instigates conflict with her mother. Because of her low self esteem she does not want to attend school so she is excessively absent. She hits and kicks her mom when she tries to wake her u...
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.
Privacy is the right of individuals to keep information about themselves from being disclosed; that is, people (our patients) are in control of others access to themselves or information about themselves. Patients decide who, when, and where to share their health information. On the other hand, confidentiality is how we, as nurses, treat private information once it has been disclosed to others or ourselves. This disclosure of information
Remley and Herlihy (2014) indicated the client has the right to obtain their records providing they are competent and we as the clinician do not feel the release of their records would cause harm to the client. The American Counseling Association Standard B.6.e
Medical records and their contents have been an important issue concerning privacy for physicians and their patients. A health care reform bill which passed legislation in 1996 is known as the Health Insurance Portability and Accountability Act (HIPAA) had a new rule put into place in 2000, which requires health care physicians and insurance providers to put into place new procedures that would guard patient health information ("Patient Privacy and Confidentiality", 2013).
... treated fairly and that they can join in activities and be involved . It bulds upon trust with the practitioner and allows the child to open up to the practitioner if they are worried about anything.
“Action X is an informed consent by person P to intervention I if and only if:
These ethical concerns must be addressed with every client. This is where closed ended questions may be considered, the best approach is to intertwine these questions into the normal flow of conversation so that the client does not feel like they are being judged. One of the ethical concerns the clinician needs to address is suicide, since those dealing with the crisis have no ability to cope and are vulnerable and overwhelmed, suicide may feel like their only option to end the crisis (Kanel, 2007). The clinician needs this information to keep the client safe. Another ethical concern the clinician must address is the possibility of abuse towards a child or the elderly or any harm to others. It is always a counselor or mental health workers ' duty to report any suspicion of this kind of activity to the proper authorities (Kanel, 2007). Organic or medical concerns are one of the other ethical considerations which must be addressed in the second stage. This includes making evaluations about any mental health or behavioral disorders as well as making any necessary referrals (Kanel, 2007). Substance abuse is another ethical concern that must be addressed by the clinician. Since substance abuse is commonly used to treat stress for those in crisis the clinician must be assertive in gathering information about drug use (Kanel, 2007). This information will direct the clinician in the
Hughes, Kirsty. "A Behavioral Understanding of Privacy and Its Implications for Privacy Law." Modern Law Review 75.5 (2012): 806-836. Academic Search Complete. Web. 6 Apr. 2014.
In September 25, 1789, the First Amendment protects people’s privacy of beliefs without government intrusion. The Fourth Amendment protects one’s person and possessions from unreasonable searches and seizures. On February 1, 1886 in Boyd v. U.S. Supreme Court recognized the protection of privacy interests under the Fourth and Fifth Amendments of the U.S. Constitution. In the 1890s, the legal concept of pr...