Protecting Confidentiality Flashcards
Confidentiality
Professional expectation that info about a client not be disclosed, accept when agreed upon by client
What is fundamental to confidentiality
Autonomy and discretion (professional judgement)
What fundamental ethical principles underlie confidentiality?
Respect of autonomy affirms right to decide who has access to info
Honouring confidentiality demonstrates virtues of integrity, trustworthiness, and respect
What are limits of confidentiality
- Client request for release of info
- Third party access
- Court orders
- Client complaints and litigation
- Provincial law
- Duty to warn and protect
What is the health professions act
Need to report other health professions in following cases:
1. Incompetence
2. Sexual misconduct
3. Hospitalization for psychiatric care or treatment of drugs or alcohol
What are considerations when breaching confidentiality
- provide notice to client if possible (minimize harm to client)
- encourage disclosure by client
What are 3 conditions sufficient to impose duty to warn
- Special relationship
- A reasonable prediction of conduct that constitutes danger
- A foreseeable victim (even if not named)
How do ethical obligations conflict with legal ones
Law demands disclosure, professional ethics requires silence
If clients know that others will be told about certain things, they will not divulge that info