Confidentiality Issues
This involves obtaining written consent covering confidentiality, treatment, and payment and is considered essential.
What is informed consent?
In the state of Illinois and Iowa, Duty to Warn is considered this (Mandatory, Permissive, or Unnecessary).
What is Mandatory?
These clinicians are at greatest risk of boundary problems.
Who are those who think boundaries will never be an issue for them?
In Iowa, parental consent is needed when working with minors with the exception of which presenting problems? (name one of three)
What is substance use treatment, smoking cessation (13 and up) or sexual assault related care?
These are legal documents requiring a counselor to produce records or testify
What is a subpoena?
A client reports they are guilty of elder abuse. The counselor has covered informed consent. The counselor has the legal mandate to do this.
What is mandatory reporting?
This number of states do not have guidance under duty to warn.
What is 6? (Arkansas, Kansas, Maine, Nevada, New Mexico, and North Dakota)
This is generally considered a careless act causing unintentional harm.
What is Negligence?
According to The National Center of Youth Law, The State of Illinois 405 ILCS 5/3-550 provides that any minor age 12 years or older may request and receive counseling services or psychotherapy on an outpatient basis. The consent of parent, guardian, or person in loco parentis is (required or not required?)
What is "not required"
The practitioner who simply does this with a subpoena can be found in contempt of court.
What is ignores?
A counselor has the right to breach confidentiality in the case of a court order. However, the counselor is expected to do this.
What is only share limited necessary information?
This famous court case from 1976 triggered state laws to warn and protect potential victims.
What is Tarasoff v. The Regents of the University of California?
To win in regards to Negligence, a plaintiff must prove Duty, Dereliction/Breach, Direct Causation and Damages. These are also known as this.
What are the four D's of Negligence
Therapists must breach confidentiality and inform parents/authorities if the minor is (name all 3):
What is
This is is the recorded sworn oral testimony of a party or witness before trial.
What is a deposition?
A client has passed away. The client's family is seeking information and wanting to know the client's last words and conversation with the counselor. In this case the counselor should:
What is "explain that confidentiality does not end with death"? (out of respect for the deceased)
Doctors and mental health professionals are held under ethical standards to protect client confidentiality which dates all the way back to this ancient oath.
What is the Roman Hippocratic Oath?
This can lead to serious consequences, including legal actions, license revocation, and significant financial liabilities for healthcare professionals.
What is malpractice?
Many clinicians negotiate with parents to provide only general progress updates, keeping specific session details private unless safety is at risk.
What is a "need to know approach"?
It is extremely important for the expert to prepare thoroughly before providing answers on deposition and in trial. The expert is testifying under this.
What is oath?
You have been a counselor for 50 years, Congrats! a client who passed away shortly into your career now has a family member asking for confidential information about that client. Your duty to provide confidentiality for the deceased client is now this.
What is check the state policy and ethical guidelines regarding privacy of deceased clients beyond HIPPA protection?
This court case established a mental health provider's obligation to review a client's previous treatment records to assess whether they may be a threat to themselves or others
What is Jablonski by Pahls v. United States?
Healthcare providers found guilty of medical malpractice may face the revocation or suspension of this.
What are their professional licenses?
This law allows written records related to a student’s gender identity, as well as school counseling records, (considered educational records) to be viewed at the request of parents until the student turns 18?
What is FERPA?
The expert's deposition may be taken and this, usually by a court reporter.
What is recorded?