Chapter 6 Confidentiality Flashcards
Privileged communication
A leave concept that generally
Protecting confidentiality rights
Preparation
Tell clients the truth upfront
Obtain truly informed consent before making a disclosure
Respond ethically to legal requests for disclosure
Avoid the avoidable breaches of confidentiality
Talk about confidentiality
-fishers (2008)
Limits of confidentiality
Wen clerical assistants handle confidential information
When a counselor consults
When a counselor is being supervised
When a client has given consent
Wen a client poses dare to self or others
When a client discloses intent to commit a crime
-When a counselor suspects abuse or neglect of a child or vulnerable adult
-when a court orders counselor to make records available
-release of confidentiality (in schools)
Privacy issue with telecommunication devices
Do not acknowledge that clients are receiving services or give out information regarding clients to unknown callers
-strive to verify that you are actually talking to the intended person when you make or receive calls in which confidential nflrmsiton will be discusses
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Be aware that there is no way to percent your conversation from being recorded or monitored by an union tended person
-avoiding making any comments you would not want your to hear or you would snot want to repeat in a legal proceeding
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B professional and caution in talking about confidential information over the telephone
-avoid saying anything off the record
-talking to a client on the phone, that he/she is not in a private place
- realize that your conversation may be intercepted by an unauthorized person
-ifs you use voicemail or an answering service, ensure your access codes are not disclosed to unauthorized persons
-do not use text messages
-whetou leave a message on an answering machine, be aware that the intended person may not be the one who receives your messages
Implications of HIPPA for mental health providers
-the health insurance portability and accountability act 1996
Promote standardization and efficiency in the healthcare industry and give patients more rights/control over their health information
-HIPAA privacy rule developed our of concern that transmission of health care information through electronic means could lead to wide gaps in protection of client confidentiality
- If you submit a claim electronically, event once you are likely to be considered a covered entity for HIPPA purposes Be family with the 4 standards of HIPpA -privacy requirements -Electronic transactions -security requirements -national identifier requirements ---------
Duty to protect potential victims
Counselors must exercise the ordinary skill and care of a reasonable professional to
- identify clients who are likely to do physical harm to third parties
- protect third parties from clients judge potentially to be dangerous
- treat those clients who are dangerous
Liability for civil damages
Failing to warm potential victims of violet behavior
- failing to commit dangerous individuals
- prematurely discharging dangerous clients
Legal precedents
Tarasoffs case, duty to warm, duty to protect
Bradley case
-duty not to negligently release a dangerous client
Joblonski case
Duty to commit a dangerous individual
Hedlund case
-extends duty to warm to anyone who might be near the intended victim and who might also be in danger
Jaffee Case
-communications between licensed psychotherapists and their clients are privileged and therefore protected from forced disclosure in cases arising under federal law
Risk management guidelines
Consult with your attorney if you are not clear about your legal duty as well as with your colleagues or supervisor
Know the relevant laws in your state
Inquire about a clients assess to weapons, homoicidal ideation, and intentions, including whether a victim is involved
Canister all appropriate steps to take and their consequences
Obtain prior medical and behavior history
Know and follow the policy of your institution
-in cases of immediate threat by a client, do not hesitate to take steps to prevent harm to yourself
Document all actions you take and the rational behavior each of your decisions
-make referrals when appropriate
School counselor liability for student suicide
Counselors need to educate their employees about the risk factors associated with adolescence suicide
- counselor might institute peer assistance programs to help identify students
- it would be useful for school counselor to have increased access to training programs geared toward acquiring information about student suicide
- in cases where school counselors make as assessment that a student is at risk
- one of the first cases that addressed school counselor liability for student suicide
Guidelines for assessing suicidal behavior
Take direct verbal warnings seriously
- pay attention to previous suicide attempts
- identify clients suffering from depression
- be alert for feelings of hopelessness and helplessness
- monitor severe anxiety and panic attacks
- explore the interpersonal stressor of loss and separation
- ascertain where there has been a recent diagnosis of a serious or terminal health condition
- Ascertain whether there has been any suicide in the family
- assess the clients support system
- -if there is no support system, the client is at greater risk
- determine whether the client has a plan
- identify clients who have a history of severe alcohol or drug abuse
- be alter to client behaviors(giving prized possessions away, finalizing business affairs, or revising wills)
- determine the history of psychiatric treatment
Disclosure of a clients HIV status
-the law is not clear pertaining to the duty to protect in cases pertaining to individuals with HIV
Confidentiality and related terms
Confidentiality is rooted in a clients right to privacy, confidentiality is at the core f communication
