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ethics of counseling
ethics of counseling
ethical issues in counseling
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Duty to Warn in Pennsylvania
Confidentiality is the most fundamental underlying principle necessary to establishing trust and rapport in the counseling relationship (Laureate Educational, Inc. 2012). However, that confidentiality can become an obstacle to the therapist and the public when a client possesses a serious threat or danger to a specific individual. The purpose of this paper will be to explain Pennsylvania case law regarding mental health counselor’s “duty to warn/protect”, and explain how in light of the resources in this course I might resolve ethical dilemmas regarding duty to warn/ protect as a future counselor.
Pennsylvania Law
In the wake of Tarasoff v. Regents of the University of California, the mental health profession has case law and precedent requiring therapists to follow a duty to warn possible third party victims of threatening and dangerous clients. While national mental health associations have added ethical codes mandating the exceptions to counselor-client confidentiality, the legality of duty to warn/protect varies from state to state. In Pennsylvania,...
Moreover, ethical issues are ubiquitous within the field of social work. As such, social workers employed in all facets of the profession, whether it is substance abuse, mental health, among many others encounter ethical issues common and specific to each area. According to the article “Ethical Issues in Addiction Counseling” by Cynthia G. Scott (2000), prominent ethical situations specific to the field of substance abuse include, “confidentiality and privileged communication” (p. 213). In her article Scott (2000) discuss the blurred boundaries of confidentiality with regards to group counseling. The author points out the discrepancy in federal confidentiality laws that prevent the practitioner from sharing confidential information disclosed
...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.
A promise of confidentiality assures clients that information revealed during counseling will not be shared with others without permission. An individual has the right to choose the time, circumstances, and extent, to which he or she wishes to share or withhold information. Marriage and family therapist have different confidentiality aspects from other counseling areas. Marriage and family therapist mostly have more than one client in a therapeutic relationship, there are different limitations for each individual client. AAMFT Standard II (2015 2.2) states When providing couple, family or group treatment, the therapist does not disclose information outside the treatment context without a written authorization from each individual competent to execute a waiver. Conclusively, counselors may be counseling a couple, group, or family for treatment, each client has their own rights to privacy protection and confidentiality. All counselors must follow specific guidelines when in regards to disclosing information that has potential harm to the client or identified others. If court ordered or third party payers have requested information it is the counselors job to obtain written consent from the client to release information about that
Confidentiality and trust between the client and social worker is an important part of the therapeutic process. Confidentiality is discussed frequently with the client, in trainings, and in supervisions. When a client first begins services there are multiple forms to fill out, many of which explain the agency’s confidentiality policies and provide client’s the opportunity to agree to share information with certain parties (i.e. their PCP, psychiatrist, specialty providers) or not share any information at all. Despite this focus on confidentiality there are some areas where “the rights of others take precedence over a client’s right to confidentiality” (Hepworth, Rooney, Rooney, & Gottfried, 2017, p. 76). In situations where child abuse or neglect is suspected by the social worker, the social worker will breach confidentiality in order to protect the child. In fact, “all 50 states have statutes making it mandatory for professional to report suspected or known child abuse. Moreover,
An example is when a person threatens to transmit HIV and other diseases. It may be illegal in many countries for a person to infect other people with a disease knowingly especially HIV. However, a clinical psychologist should not be obligated to tell the other people of the risk of transmission. The client has a right to confidentiality. Duty to warn got developed when Tarasoff got murdered by a person who had threatened to do so. He had told the therapist that one day he would murder her, but the therapist protected the client’s confidentiality. When Tarasoff got killed in 1976, her parents went to court to report the Regents of the University of California. Another case was Jabloski by Pahls v. US. This case extended the duty to warn when it included reviewing history to detect history of violence. Jabloski had a history of violence that got discovered through an assessment by the doctors. Since the doctor failed to notify his girlfriend Kimbal, She got killed by him when Jabloski got released from the hospital (Cherry 2014).
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?
Chapter 135-7-03 of the Licensed Professional Counselors Association of Georgia (2014) stipulates that confidentiality especially of client information must be observed at all times. The counselor should safeguard the client’s information to the extent stipulated by the law. The American Counseling Association (2005) incorporates confidentiality as part of their Code of Ethics. It requires counselors to keep the counselor-client relationship and information shared confidential. In the case of group counseling it stipulates that provisions must be stated that protect confidentiality. The counselor must clearly record and keep the client information confidential at all costs. According to the Texas certification Board of Addiction Professionals, the chemical dependency specialist has a duty to protect the privacy of clients and must not disclose information obtained fro...
Without exception, confidentiality trumps duty to warn, court rules (2004). Mental Health Law Report, 22 (6), 53. Retrieved from http://find.galegroup.com/gtx/infomark.do?&contentSet=IAC-Documents&type=retrieve&tabID=T003&prodId=GRCM&docId=A120474886&source=gale&userGroupName=clemson_itweb&version=1.0
This paper will examine the complicated roles a counselor has related to the use of prescribed medication in treating mental health issues. The first section will explore the boundaries and ethical implications for a counselor surrounding the recommendation and prescription of psychotropic medication. The next section will include the counselor’s role in client education about medication. The third section will relate to the details of client referral when medication is warranted.
The ASCA reminds school counselors that they are to guide and assist students who are victims by supplying appropriate services (ASCA, 2016). When abuse is suspected, a guidance counselor must personally report the abuse to child protective services (CPS). Cuff vs. Grossmont Union High School District reminds us how vital it is to follow all reporting procedures. In the state of Virginia, teachers, and those working in public and private schools, are mandated reporters and must report within 24 hours of the suspected neglect or abuse; even if the abuse occurred in the past (DSS.VA.GOV). Failure to report will result in criminal actions. Although school counselors are held to confidentiality terms, cases such as these warrant a duty to warn and an ethical obligation to protect. The American Association of Christian Counselors (AACC) state that as Christian counselors, one should always disclose confidential information when a life is endangered, this includes events such as suicidal ideations, bullying, and abuse (AACC, 2014). Although the ASCA and the AACC provides guidance to crisis responses, there are still legal and ethical issues that may not be
Corbin, J.R. (2007). Confidentiality and the duty to warn: Ethical and legal implications for the therapeutic relationship. The New Social Worker, 4-7.
Corbin, J. (n.d.). Confidentiality & the duty to warn: ethical and legal implications for the
When considering an uncommon reason of why a counseling relationship might end, one rarity that comes to mind is endangerment. Although most counselors seldomly encounter danger in therapy, certain tumultuous or threatening scenarios may lead them into jeopardy, especially when a client is unstable. In this regard, a counselor possesses the right, as well as an ethical obligation, to instantly terminate the relationship and refer the client to an appropriate resource. Con...
As a result if these ethics codes are not followed, legal action can be brought up against this counselor. Committing to clients is the first code of ethics which includes: “Primary Responsibility, Confidentiality, Dual/multiple relationships, Exploitive relationships, and counseling environments. “ Mental health counselors value objectivity and integrity in their commitment to understanding human behavior and they maintain the highest standards in providing mental health counseling services” ( https://amhca.site-ym.com/page/codeofethics). Establishing a relationship with the client opens up the floor in which she or he will be honest. S/he will be comfortable with speaking about the problem. The honesty of the client gives the counselor an ideal start of how the problem began. Under Ethic code C Assessment and diagnosis: Competent “Mental health counselors employ only
When it comes to mental health and diagnosing there is many challenges that a therapist or clinician could encounter. In any professional occupation one has to consider all of the ethical principles put in place as well as the legal laws; if one is incompliant to these ethical guidelines in a mental health field, in varying circumstances, failure to comply with these codes could involve legal issues which could even result in lose of licensure. Common ethical issues involved in the mental health field could include: misdiagnosis or missed diagnosis, legal incompetence, and health care fraud (misdiagnosis for insurance reimbursement).