Ch 5 Flashcards
confidentiality and privileged communication
privacy
broad
refers to the right of persons to decide what information about themselves will be shared with or withheld from others
confidentiality
arise from or societal belief that individuals have a right to privacy
apply to professional relationship between client and counselor
primarily an ethical concept that refers to the counselors obligation to respect the clients privacy and the promise to clients that the information they reveal during counseling will be protected from disclosure without their consent
privileged communication
same two points mentioned above
narrowest of three
a legal concept
protect clients from having confidential communications with their counselors disclosed in a court of law without their permission
a judge cannot order information that has been recognized by law as privileged to be reveled in court
four premises of confidentiality
- respect for autonomy
- respect for human relationships and for the secrets that certain types of relationships entail
- pledge of silence; counselors obligation that they will actively keep confidentiality
- utility: confidentiality is useful to society
fidelity
being faithful and keeping promises
how to not breach confidentiality carelessly
conversations vague/no identifying information
case notes, test protocols and interpretations, audiotapes, and videotapes of work with clients can not be left around carelessly
confidentiality and privileged communication exist only…
when counselors are functioning in the role of professional counselor
Section B: confidentiality and privacy (ACA code of ethics)
emphasizes the clients right to privacy in counseling relationship
expectations and limitations to confidentiality addressed
confidentiality is not…
absolute
discovery
the opposing side in a court case have access to the evidence before the trial takes place
privileged communication statuses
laws/statuses that have been enacted that specifically exempt certain conversations between citizens and professionals from the general rule in law that all relevant evidence will be presented in a court case
four requirements for a relationship to be privileged under the law
- the communications must originate in a confidence that they will not be disclosed
- this element of confidentiality must be essential to the full and satisfactory maintenance of the relation between the parties
- the relationship must be one that, in the opinion of the community, out to be sedulously fostered
- the injury to the relationship that disclosure of the communications would cause must be greater than the benefit gained for the correct disposal of the litigation
(attorney-client was the first recognized)
any exception to the general rule that evidence will be presented in court is compromised by…
privileged communication statuses
four approaches to in formulating privilege laws for relationships between clients and their mental health providers
- modeled on attorney-client privilege laws
- rule 504 of the federal rules of evidence (proposed but rejected)
- provides for a privilege but allows judicial discretion in its waiver
- idiosyncratic and does not follow any special pattern
if you or your records are subpoenaed or if you are asked during legal proceeding to disclose privileged information….
it is up to your client to assert the privilege so that you will not have to disclose the information. you are not allowed or obligated to.
subpoenas
legal documents that might require counselors to give a written response to a written list of questions, produce copies of records, appear for a deposition, court hearing, or trial, or appear and bring their records with them
cannot be ignored/will be fined or jailed
obtain legal advice before responding to
nine categories of exceptions in confidentiality
- in cases of dispute between counselor and client
- when a client raises the issue of mental condition in legal proceedings
- when a clients condition poses a danger to self or others
- when the counselor has knowledge that the client is contemplating commission of a crime
- during court ordered psychological evaluations
- for purposes of involuntary hospitalization
- when the counselor has knowledge that a client has been a victim of a crime
- in cases of child abuse or neglect
- in cases of harm to vulnerable adults
does privilege end with a person’s death?
no
allowing a legal representative to assert the privilege
contact family, probate attorney, or executor to determine whether a legal representative is available
sharing information with professionals is permissible when
clerical or other assistants handle confidential information
counselors consult with colleagues or experts
counselors are working under supervision
other professionals are involved in coordinating client care
respondent superior
employers are held responsible for the acts or their employees (applies to confidentiality breaches as well)
when consulting with colleagues
do not use any identifiers, keep simple
according to informed consent and client rights…
you have an ethical obligation to inform your clients that their confidentiality is limited because your supervisor will have access to information about them
when client care involves a continuing review by a treatment team…
the client must be informed of the teams existence and composition, the information being shared, and the purposes of sharing the information
(also share info if planning on continuing care after getting permission from client; EX: client sees a group therapist along with you)
three types of duties
to warn
to protect
to report
protecting someone who is in danger/warning
counselors must take action if they suspect abuse or neglect of children or vulnerable adult
counselors must take action to protect clients who pose a danger to themselves
counselors must take action when client poses a danger to others
counselors must determine whether to breach confidentiality when a client has a communicable and life-threatening disease and the clients behavior is putting others at risk
confidentiality cannot be guaranteed in…
group setting
couple or family counseling
counseling minors or legally incompetent clients
counselors cannot give the same assurances of confidentiality as they give to other clients
legal protections for counselors in disputes
counselors may reveal confidential information when it is necessary to defend themselves against charges brought by clients
privilege is waived in..
lawsuits claiming emotional damage
when evaluated by a court to determine whether they should be committed to a psych hospital
confidential limits summarized
Sharing information with subordinates or fellow professionals is permissible under the following circumstances:
* Clerical or other assistants handle confidential information. * A counselor consults with colleagues or experts.
* The counselor is working under supervision.
* Other professionals are involved in coordinating client care.
Protecting someone who is in danger may require disclosure of confidential information when the following conditions exist:
* The counselor suspects abuse or neglect of children or other persons presumed to have limited ability to care for themselves.
* A client poses a danger to others.
* A client poses a danger to self (is suicidal).
* A client has a fatal, communicable disease, and the client’s behavior is putting others at risk.
Confidentiality is compromised when counseling multiple clients, including the following:
* Group counseling.
* Counseling couples or families.
There are unique confidentiality and privileged communication considerations when working with minor clients:
* Minor clients do not have privilege under the law. * Privilege belongs to parents or guardians.
Certain exceptions are mandated by law, including the following:
* Disclosure is court ordered.
* Clients file complaints against their counselors. * Clients claim emotional damage in a lawsuit.
* Civil commitment proceedings are initiated.
