n order to minimize professional liability and ensure treatments of clients so that they remain soundly and within the boundaries of professional standards it is up to the counselor to inform and educate his/her clients about the code of ethics (the clients may not know there boundaries) as well as determine if the client needs to be transferred to another professional. For example if the client attempts to cross the boundaries it’s the consoler responsibility to be an authority figure in these cases, as mentioned in the ACA it’s part the counselors job to determine if the client needs to see a different professional. Decisions and treatment options for the client are always made with the best interest in mind for the client. As mentioned in the code of ethics section A.2.e Mandated client’s counselors discuss the required limitations to confidentiality when working with clients who have been mandated for counseling services.…
Professional School Counselors have a primary obligation to the students to treat them with dignity and respect and as unique individuals (ASCA, 2010). The initial meeting between the counselor and the student was at the request of the student’s mother. In my opinion the mother asked the counselor to seek information that was confidential. The counselor did seek the information and reported back to the parent with what she found. I understand that it is the counselor’s responsibility to provide parents/guardians with accurate, comprehensive information in an objective and caring manner, as is appropriate and consistent with ethical responsibilities to the student (ASCA, 2010). However, in this situation I do not feel that sharing the information was appropriate and violated the student’s right to privacy. The mother should have handled that situation at home. She essentially asked the counselor to spy on her daughter and report the information back to her. It was wrong for the parent to ask this of the counselor and it was even…
Consent also has a legal angle. Patients have the right to decide about what they do or what others can do to their lives and their bodies. Therefore, obtaining consent is necessary for anything other than a routine physical examination and investigation. Informed consent prior medical intervention protects the doctor and the hospital in which he or she works from certain forms of litigation, because the medical intervention was legal, and carried out after authorization by the patient. However, legal protection of the informed consent does not protect the doctor in case of errors and malpractice. The primary care physician obtained informed consent from Mrs. R and I also take the patient’s consent for conducting the interview since any act done without permission, is considered as medical battery. Additionally,…
Confidentiality is an important part within the counseling relationship and environment. Discussed content between the client and therapist is strictly prohibited for others outside of this relationship to disclose. Materials such as an informed consent form, explains how confidential information, will be managed. For the counseling profession, this document involves and agrees that communication is kept in confidence by the counselor and private. The communication that is discussed cannot be used as evidence in court, by state and federal law. However, there are exceptions by state and federal law that requires clinical documentation as evidence when failure to report child or elder abuse. Pennsylvania’s State Board of Social Workers, Marriage and Family Therapist and Professional Counselors rules and regulations, the ACA Code of Ethics, and a psychotherapy film presentation contribute to the importance of confidentiality, privileged communication and client’s right to privacy.…
The ethical aspects of counseling are based on a system of rules which have been constructed for a precise group of people or field of work, and were developed for the purpose of setting the standards of conduct and behavior that are to be used by professionals. Ethical connotations hardly ever have an easy answer, and often counselors must seek help from more experienced professionals, but this is not a guarantee that the anticipated result will be accomplished. The first guideline in the ACA’s (2005) Code of Ethics reads “the primary responsibility of counselors is to respect the dignity and promote the welfare of clients” (Kaplan, 2014).…
Psychologists are expected to be professional and honest at all times with their patients and others around them. When a patient is with the psychologist, the psychologist has to honestly tell the patient of all tests that will be done or what will happen in a session. When a psychologist or any other professional for that matter is not honest, it can result in complications which include legal problems. An example for integrity issues that result in legal matters is if a psychologist tells his or her patient that by telling the truth about anything, it will not be reported. A psychologist has an obligation to report any activities that may result in harm to the patient or someone else such as with child abuse. If the patient admits to child abuse because they assumed they would not get into trouble legally, then the integrity of the psychologist is then compromised. If the psychologist did not report what was said during the session, the psychologist and/or patient can end up getting into legal…
You should take further action and report the counselor to licensure and certification boards, and to association ethics committees when it is impossible to resolve the issue directly with the counselor, you have direct knowledge that a serious ethics violation occurred that is causing harm, colleagues agree you should report it, you are willing to testify against the counselor, and you are prepared to defend yourself (Remley & Herlihy, 2014, p. 389). After making a formal report, the reporting counselor must cooperate with investigators (ACA, 2005, 19).…
The clients still agree to share information even if they fully understand the reporting laws. Remind the client o what they have sighed. Some illegal behaviors that may pose harm to themselves and to others should be reported. In such cases, the legal and ethical concerns are consistent, and reporting feels like the right thing to do. Regardless this counselor’s comments to his client about the areas that the counselor can’t hold confidential, it’s important for the counselor to be specific about the kinds of criminal activities, or the potential harm must be reported.…
According to the ACA Code of Ethics, 2005, F.1.a, in regard to counselor supervision and client welfare, “A primary obligation of counseling supervisors is to monitor the services…
In section B.2.a code of ethics, it states that counselor is required to disclose information about a client, who disclose about harming themselves or others (ACA, 2014). In the state of Florida, Florida Statues Section 394.4615 (3)(a) (2016), states that if a patient states they want to harm a person, a counselor is able to release information to warn that individual who is being threatened of harm by the patient. If i determine if the client is a high risk and is a harm to herself, under the Florida Mental Health Act, as a Mental Health Counselor I would be able to Baker Act my client. Under the Florida Statue Section 394.463 (2)(f)(2014), when a client receives involuntary examination, a client is held up to 72 hours, and the only way the Baker Act can be released is by a physician or…
What differences do you see in the 2 written informed consent forms for each setting (e.g., content, length, dissemination)?…
Informed consent is a crucial part of social work care with every single client that you work with. “In the U.S. health care system, individual patients are subject to informed consent. That is, physicians and healthcare staff must inform an individual patient about his or her “diagnosis, prognosis and alternatives for treatment. (McLaughlin & Braun. 1999, p.322) A patient then has the right to provide consent for continuation of the treatment process.” (Kirst-Ashman, 2014) As stated in our textbook, “to be in ethical compliance social workers must expressly state what the services are, why they are being recommended, any risks and benefits related to the service, the time frame that will be covered by the client consent and a client’s right…
Everyone has had moments while they're at the doctors office when they have no idea what is ailing them and all they want is answers. Nothing feels more of a relief than your physician coming in and telling you that you're are perfectly healthy. But what if we lived in a world where you were not informed of any treatments or tests that you were receiving. Informed consent defined is permission granted in the knowledge of the possible consequences, typically that which is given by a patient to a doctor for treatment with full knowledge of the possible risks and benefits. Treatment and informed consent can be a very complex and controversial topic. There have been many legal disputes involving treatment and informed consent. I myself believe…
The topic I chose is informed consent. It is a difficult and complex topic with many different laws and viewpoints. The laws of consent often vary by state and in my opinion are often not fully understood by many people. There are many ethical issues that can take place from not completely understanding the consent form. Many people do not read the form at all and consequently do not know their rights as a patient. Patients sometimes sign the consent form without fully understanding everything that is required for them to know. When an issue comes up it can then quickly escalate to an ethical issue that can only be resolved in court because they were not aware of all the possibilities. Patients must not agree to the consent form without being…
According to the Ethical Standards for School Counselors and the Code of Ethics and Standards for Counseling (2010), both specify that counselors are ethically required to take appropriate action and breach confidentiality in certain circumstances involving minors. Counselors are required to breach confidentiality if there is imminent danger to self and others, if there is suspected child abuse or neglect or to protect a vulnerable client from danger. There are other limitations to confidentiality and minors as well. Some of these limitations involve parents and their right to know what is happening in counseling sessions between the therapist and their child. This problem is one that schools counselors and clinical therapists must face when counseling minors. Counselors in both clinical and school settings are faced with ethical issues with regards to confidentiality each time they encounter a client that is a minor.…