Term
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Definition
| Broad concept; refers to the right of a person to decide what information about them will be shared; has both ethical and legal implications; 4th Amendment guarantees privacy. NOT ABSOLUTE |
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Term
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Definition
| based on idea that people have right of privacy regarding personal info; primarily an ethical concept that refers to a counselors OBLIGATION and PROMISE to protect client's info from disclosure with their consent |
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Term
| Define Privileged Communication |
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Definition
| Counterbalance to confidentiality; LEGAL CONCEPT; narrow definition; protects clients from having their personal information revealed in court of law without their permission; a STATUTE must be in place to protect client/counselor communication |
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Term
| How did confidentiality become a major tenet of counseling? |
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Definition
| helping professionals believe confidentiality essential for therapy; negative view of mental illness/treatment imposed stigma with therapy; privacy helped people seek help without embarrassment. |
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Term
| What is confidentiality in counseling based on? |
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Definition
| Four premises (Bok) 1)respect for autonomy 2) respect for human relationships 3)pledge of silence (from counselor) 4) utility (confidentiality useful to society so people who need help will seek it without fear of stigma) |
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Term
| Which of the virtue ethics guide confidentiality? |
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Definition
| Fidelity (faithfulness in keeping promise to client) and autonomy (belief that clients can and have a right to govern their own information) |
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Term
| What is a more recent issue regarding counselors and client confidentiality? |
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Definition
| Consumer rights; our culture places emphases on the services provided by professionals; confidentiality has legal as well as ethical implications |
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Term
| How seriously do counselors take confidentiality issues? |
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Definition
| Various studies show that only btwn 1 and 5 % of complaints to ethics committees about counselors are about confidentiality issues |
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Term
| What are some challenges to counselors ability to maintain confidentiality? |
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Definition
| Technology-computers, phones, faxes; Entrances/Exits to offices; Consultations with other professionals |
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Term
| Do counselors have an obligation to keep private information given them when not at work? |
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Definition
| Confidentiality and privileged information exist only when counselors are functioning as a professional counselor |
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Term
| What is the only specific ethical issue to which an entire section of the ACA code is devoted? |
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Definition
| Confidentiality; exceptions and limits are addressed too. |
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Term
What should a counselor do if a client requests his/her information be released?
page 111 |
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Definition
| Counselors should honor request. If a counselor believes it will hurt client, discuss issues. |
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Term
| What should a counselor do if a client asks to see his/her records? |
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Definition
| A counselor is obligated to show the records which are kept for the good of the client; unless records contain info that could damage or mislead client |
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Term
| How can a counselor avoid issues around the issue of confidentiality and its limits with clients? |
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Definition
| The majority of clients do not know confidentiality is not absolute; discuss limitations at onset of relationship; at least 15 exceptions to client confidentiality have been identified pg. 112 |
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Term
| Why is the concept of privileged communication a problem for the legal system? |
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Definition
| Idea of withholding information GOES AGAINST basic concepts in legal system; both sides in court entitled to discovery of evidence; cannot do that with privilege |
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Term
| Which other professions have privileged communications? |
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Definition
| lawyer/client (in every state); physician/patient (in MANY NOT ALL states); clergy/client-every state but WV |
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Term
| What kinds of privileged communication laws exist for counselors? |
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Definition
| They vary state to state; no state had any prior to WWII. |
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Term
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Definition
| in federal court, upheld idea of privileged communication between therapist and client in Federal Rules of Evidence |
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Term
| How many states have counselors been successful in getting privileged communication laws passed? |
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Definition
| Some kind of privilege exists in 44 out of 45 states where LPC existed in 2000. Psychologist-client exists in every state. |
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Term
| What responsibility does a counselor have if they practice in a state without privileged communication statutes? |
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Definition
| Needs to be in your disclosure and informed consent information; should be there even if in state with privilege law |
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Term
| How do you use privilege if your records are subpoenaed? |
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Definition
| Privilege belongs to the client; your client asserts privilege. If client not able to do so, counselor asserts on their behalf |
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Term
| How do you respond to a subpoena? |
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Definition
| Cannot ignore-court document; can be held in contempt if one ignores it; an attorney will help prepare a response and advse you. |
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Term
| What can happen to a counselor who discloses information that is not included as an exception to confidentiality? |
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Definition
| They can be sued for malpractice, if a client shows they were harmed by the incident. |
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Term
Exceptions to confidentiality 1:
Client waiver of privilege |
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Definition
| KNowingly or unknowingly clients ask info to be shared. Knowingly: make a written request. Unknowingly: file a suit against mental health professional |
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Term
Exceptions to Confidentiality 2 of 15:
Death of a client |
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Definition
| Privilege does not end with client's death, passes to legal representative or executor |
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Term
Exceptions to confidentiality (3, 4, 5:
Sharing info with other professionals |
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Definition
| umbrella of confidentiality can extend to those trying to provide care to client: clerical, consultations, supervisors. Counselors still held resp. for information legally |
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Term
| exceptions to confidentiality 6 of 15: |
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Definition
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Term
Exception to Confidentiality 6 of 15:
abuse or neglect of children or vulnerable persons |
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Definition
| Counselor have ethical and LEGAL duty to report if a child or vulnerable person is being abused. |
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Term
Exception to confidentiality 7 of 15:
Client poses a threat to themselves |
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Definition
| Ethical and legal duty to suicidal clients: leading cause of malpractice and negligence suits is from families of suicidal cients |
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Term
Exception to confidentiality 8 of 15:
Client is a danger to others |
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Definition
| The duty to protect others is also an ethical and legal reason to break; also a possibility of a suit for negligence/malpractice. |
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Term
Exception to confidentiality 9 of 15:
client has a fatal, communicable disease and puts others at risk |
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Definition
| This is the same exception as 'protect others'; consult laws in area of practice |
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Term
Exception to confidentiality 10 of 15;
Group counseling |
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Definition
| Difficult to enforce confidentiality in group; counselor must explain at onset of group; Some states provide privilege; most do not |
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Term
Exception to confidentiality 11 of 15:
couples or family counseling |
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Definition
| Limits of confidentiality must be explained at beginning; most privilege and confidentiality waived if 3rd person present. |
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Term
Exception to confidentiality 12 of 15:
Minors or legally incompetent individuals |
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Definition
| Parents and guardians control their legal rights. Counselors owe legal duty to guardians and ethical duty to clients. |
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Term
Exception to confidentiality 13 of 15:
A counselor is ordered to disclose by court |
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Definition
| complying with a judge's order is defense for wrongdoing; HOWEVER, counselor client can assert privilege or counselor can can ask to not disclose; seek legal counsel/do not disclose because of subpoena. |
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Term
Exception to confidentiality 14 of 15:
Counselors may reveal info in defense of selves |
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Definition
| In response to a complaint, counselors may reveal information because client waives right if suit brought against MHP |
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Term
Exception to privilege 15 of 15:
Clients waive privilege if claim emotional damage |
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Definition
| Therapeutic privilege is waived only if emotional damage is claimed and it forced client to seek mental health care. |
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Term
Another exception:
Civil commitment proceedings |
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Definition
| individuals who are involuntarily committed do not have privileged relationships at a judicial review of commitment. |
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Term
| What are some issues around diversity and privileged communication? |
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Definition
| Some clients may not want their communication kept private because of cultural beliefs (collectivist); may want to share with family members |
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Term
| What are some issues regarding interpreters and confidentiality? |
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Definition
| If interpreter is a family member, counselor explains confidentiality and asks that disclosures remain private; A professional is preferred and confidentiality reviewd prior to session |
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