Confidentiality ch 6

Question 1

What is privacy?

Answer 1

individuals right to be left alone and to decide the time, place, manner and extent of sharing oneself with others

Question 2

What is confidentiality ?

Answer 2

counselors ethical duty to protect private client communication

Question 3

What a professional and ethical term controlled by the therapist?

Answer 3

confidentiality

Question 4

What is privilege?

Answer 4

legal protection against being forced to break a promise or expectation of confidentiality in legal proceedings

(therapists can refuse to answer questions in court or refuse to produce a client’s records in court)

Question 5

what is a legal term that is controlled by the client?

Answer 5

privilege

Question 6

consent to treat is not “informed” unless the client understand the exceptions and limits to confidentiality?

Answer 6

TRUE

Question 7

before breaking breaking confidentiality?

Answer 7

try to get a written release

Question 8

Does confidentiality end when the patient or therapist dies?

Answer 8

No

Question 9

What info do you share when you break confidentiality?

Answer 9

the least amount of information possible that is pertinent to the issue

Question 10

What must you do before your “release of information”?

Answer 10

You must process with your client what it may mean to break confidentiality otherwise there will be no informed consent with your client’s “release of information”

Question 11

What is a release of information?

Answer 11

breaking confidentiality WITH CONSENT of your client to share information with another party

Question 12

What are some examples of a release of information (consent)?

Answer 12

client would like for your to talk with a: 
doctor
teacher
lawyer 
spouse, friend, child

Question 13

What are the ways of Breaking confidentiality without consent? (no release of information)

Answer 13

client does not wish for your to break confidentiality but the law either mandates or allows you to do so
A. Mandated
B. allows (specific circumstances )

Question 14

What is mandated reporting?

Answer 14

law requires you to break confidentiality without consent if client:
A. Abuse (reasonable suspicion)
B. Harm to others

*you can’t fulfill law without breaking confidentiality

Question 15

What type of abuse constitutes mandated reporting?

Answer 15

Abuse:
child: under 18
(reasonable suspicion, question child & others)

dependent: 18-65 yrs
elder: 65+ yrs
(observed, suspect or have knowledge of an incident that appears to be abuse)

Question 16

Mandated reporting: danger to others ?

Answer 16

1. info based on outcome of legal cases
2. criteria met for “Duty to Warn and Protect” (during therapy, prediction of harmful conduct-based on past, potential victim can be identified)

Question 17

What is “Duty to Warn and Protect”?

Answer 17

When there is reasonable prediction that client is going to harm an identifiable victim

we must notify police and victim

Question 18

What steps do you take when a client consents to “release of information”?

Answer 18

get informed consent (ask for permission)

discuss w/client the risks of releasing info

*suggest for them to speak to the individual themselves (foster client independence)

Question 19

How do you respond when being asked about a client?

Answer 19

“I can neither confirm nor deny”

Question 20

Anytime a third party is included in the sessions it is a breach of confidentiality?

Answer 20

TRUE

Question 21

When the law and ethics collide?

Answer 21

1. make commitments to ethics known
2. try to work it out/discuss with client
3. breach ethics = follow law

Question 22

what is the most important predictor of suicide?

Answer 22

previous suicide attempts

Question 23

Is court-ordered the same as a subpeona?

Answer 23

No

Question 24

If you are being court ordered, what is the only you can give up your records ?

Answer 24

by a judge’s request only

Question 25

What information do third party payers request? (insurance)

Answer 25

all patient information including informed consent

Question 26

If the third party payer is an organization or parent?

Answer 26

you don’t share information - do not break confidentiality

Question 27

As a student/intern, what information is shared?

Answer 27

all patient info is shared with supervisor

must inform client of supervisors info/confidentiality breach

Question 28

the legal concept of privileged communication does not apply to group counseling, couples counseling, family therapy or child and adolescent therapy

Answer 28

TRUE

Question 29

True or False?

You may share info if it is pertinent and limited in response to a subpeona?

Answer 29

FALSE:

Court order only

Question 30

What is the least important issues when discussing Third Party Payers (insurance) with your client?

a. goal setting
b. confidentiality
c. multiple relationships
d. informed consent

Answer 30

c. multiple relationships

Question 31

True or False:

A condition that mandates breaking of confidentiality = client takes 70 year old’s savings

Answer 31

True

any neglect or abuse of an elder requires mandated reporting

Question 32

If your client is suing you for their treatment the attorney may ask you about how many prior clients you had with the same disorder?

Answer 32

TRUE

Question 33

What is the most important ethical/legal issue as a trainee?

Answer 33

Supervisor (inform client of supervisor and give them contact info)