Respecting Client Rights
Counselors maintain awareness and sensitivity regarding cultural meanings of confidentiality and privacy
What is Multicultural/Diversity Considerations?
The general requirement that counselors keep information confidential does NOT apply when disclosure is required to protect clients or identified others from serious and foreseeable harm.
What is duty to protect?
Counselors make every effort to ensure that privacy and confidentiality of clients are maintained by subordinates, including employees, supervises, students, clerical assistants, and volunteers.
What is Subordinates?
Counselors ensure that records are kept in a secure location and that only authorized persons have access to records.
What is Confidentiality of Records?
Counselors respect clients rights to privacy
What is Respect for Privacy?
Sharing information with others in order to provide the best possible services to clients is permissible when (a) clerical or other assistance handle confidential information (b) counselors consult with colleagues are experts and (c) counselors are working under supervision and (d) other professionals are involved in coordinating client care.
What is the "umbrella" of confidentiality?
When adults who have been adjudicated incompetent in a court of law counselors cannot give the same assurances of confidentiality as they give other clients
What is a legally incompetent adult?
The duties to respect autonomy, respect relationships, keep a pledge of silence, and reinforce its utility are each of great importance in counseling.
What is the duty of a counselor?
Counselors do not share confidential information without client consent or without sound legal or ethical justification
What is Respect for Confidentiality?
When subpoenaed to release confidential or privileged information without a client's permission, counselors obtain written, informed consent from the client or take steps to prohibit the disclosure or have it limited as narrow as possible due to potential harm to the client or counseling relationship.
What is Court-Ordered Disclosure?
The requirement that client permission to give information to third parties be obtained in writing and that counselors who transfer records notify the receiving parties that the information in confidential and should remain protected.
What is HIPAA?
Counselors provide reasonable access to records and copies of records when requested by competent clients.
What is Client Access?
The counselor honors their clients ability to be self-determining end to make their own choices.
What is respect for autonomy?
A client agrees for a counselor to give information regarding the counseling relationship to third parties.
What is a client waiver of privilege?
As a result, the law of privilege communication requires that clients waive their privilege when they bring complaints or malpractice lawsuits against their counselors.
What is legal protection for counselors in dispute?
Violations of participant privacy and confidentiality are risk of participation in research involving human participants.
What is Confidentiality of Information Obtained in Research?
A judge cannot order a counselor to reveal information in court that has been recognized by law because it is antagonistic to the entire U.S. system of justice, courts and legislatures have been reluctant to extend privilege to relationships between mental health professionals and their clients.
What is privileged communication?
When counseling one or more clients in the same room, confidentiality is compromised, privilege is usually waived, and you cannot guarantee the behavior of other participants.
What is counseling multiple clients (group, family or couples counseling)?
Counselors take precautions to ensure the confidentiality of information transmitted through the use of computers, electronic mail, facsimile machines, telephones, voicemail, answering machines, and other electronic or computer technology.
What is Transmitting Confidential Information?
When in doubt about your obligations regarding confidentiality or privileged communications.
What is consultation?