Chapter 6 Flashcards
Rooted in a client’s right to privacy, is at the core of effective therapy; it is the counselor’s ethical duty to protect private client communication
Confidentiality
A legal concept that generally bars the disclosure of confidential communications made to a psychotherapist from any judicial proceedings or court of law
Privileged communication
Refers to the constitutional right of individuals to be left alone and to control their personal information
Privacy
Passed by Congress to promote standardization and efficiency in the health care industry and to give patients more rights and control over their health information
Health Insurance Portability and Accountability Act of 1996 (HIPAA)
Designed to provide a uniform level of privacy and security on the federal level
HIPAA privacy rule
Health plans, health care clearinghouses, and health care providers who transmit health information by electronic means
Covered entities
Applies to those circumstances where case law or statue requires the mental health professional to make a reasonable effort to contact the identified victim of a client’s serious threats of harm, or to notify law enforcement of the threat
Duty to warn
Applies to situations in which the mental health professional has a legal obligation to protect an identified third party who is being threatened; in these cases the therapist generally has other options in addition to warning the person of harm
Duty to protect
If clients disclose that children, the elderly, or other dependent adults are being abused or neglected, the professional is required to report the situation under penalty of fines and imprisonment
Reportable abuse
Designed to encourage reporting of any suspected cases of child, elder, or dependent adult abuse, and therapists are advised to err on the side of reporting in uncertain circumstances
Mandatory reporting
Involves the use of physical force that often results in bodily injury, physical pain, or impairment
Physical abuse
Consists of nonconsensual sexual contact of any kind with another individual
Sexual abuse
Involves inflicting anguish, pain, or distress through verbal or nonverbal acts
Psychological or emotional abuse
The failure of caregivers to fulfill their responsibilities to provide a dependent with basic necessities
Neglect
Involves the desertion of a dependent by a person who has assumed responsibility for being a caregiver
Abandonment