...Confidentiality and Informed Consent Claudia Lewis PSY/305 6/29/15 Dr. Daniel Williams Jr, PsyD, MSW Confidentiality and Informed Consent Introduction Dear client this paper is to inform you, of your right to confidentiality, and further more explain the process of informed consent. In the world of Psychology and counseling, confidentiality and informed consent has been the cornerstone to our practices (University of Phoenix, 1994). This paper will help you to understand how the things you say during the counseling sessions may have legal implications against you; by first explaining the decision of Tarasoff v. the board of Regents of the University of California, followed by how it relates to the therapist-client relationship in regards to confidentiality; then finally explaining the process of informed consent and refusal. Tarasoff v. Board of Regents of the University of California Decision According to University of Phoenix Confidentiality after Tarasoff (1994), the Tarasoff v. board of regents of the University of California case was heard before the California Supreme court, when Tatiana Tarasoff, a student at The University of California was killed by a fellow student. Her parents sued the University of California, the Police and the Therapist (University of Phoenix, 1994). The parents claim was that neither the School, Police or the Therapist warned them of the intentions of this fellow school mate to kill their daughter, Tatiana Tarasoff, as the fellow...
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...Ethical Codes, Informed Consent and Confidentiality Cydne-Ann A. Grobri Liberty University Abstract One of the primary reasons for the creation and use of ethical codes within helping professions is to educate the professional about acceptable ethical behavior and to protect the well-being of clients. The Code of Ethics of the National Association of Social Workers (2008) illuminates that the code “sets forth values, ethical principles, and ethical standards to which professionals are to aspire and by which their actions can be judged.” (Purpose of the NASW Code of Ethics). A helping professional is required to be ethically, clinically and legally-minded to safeguard the client and/or public during all interactions within the client/counselor relationship, arguably at the point of advertisement about the availability of service. This paper will examine the actions of a community college counselor and how her neglect to utilize codes of ethics and sound judgment put her in a predicament where she may have caused harm to the participants in her group. We will also explore a practical decision making model that will demonstrate that the helping profession has to begin applying principle and virtue ethics from the outset of the client/counselor relationship opposed to the initial meeting. Keywords: group session, confidentiality, ethics, disclosure, legal, ACA Protecting Clients from Harm through Ethical Codes, Informed Consent and Confidentiality The helping...
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...Explain informed consent and confidentiality to the client. Informed consent involves the counselor explaining the benefits and risks of counseling as well as its alternatives. It also allows the counselor permission to record counseling sessions in writing, and via video and auditory means. In an educational institution setting, informed consent allows students to observe counseling sessions. Once these issues are explained to the potential client, the client is asked to sign legal documents that state the client understands and agrees to the services to be provided and their potential dangers. When counseling minors, informed consent must come from a parent. While explaining the pros and cons of counseling to the parent, the counselor must also explain the necessity of confidentiality in the therapeutic relationship with a minor. A confidentiality form is presented during the discussion of confidentiality. In adhering to counseling ethics, the counselor must explain that confidentiality is a promise not to discuss matters that are shared by the client with a third party unless under pre-determined exceptions. The exceptions to confidentiality include reporting information the client reveals to the counselor that suggests he or she is a danger to him or herself or others. For example: If a client talks about killing himself and identifies that he has a plan and the means to execute that plan, it is the counselor's ethical responsibility to inform appropriate...
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...Ethics, Informed Consent, and Enforceable Standards William Neelsen Ethics, Informed Consent, and Enforceable Standards The clinician has high ethical standards as well as legal regulations to obtain the proper and legal consent to treat individuals in the field of psychology. Without bias to the methodology (research, experimentation, testing, or therapy), the psychologist is obligated by law, and the APA Code of Ethics to have consent to treat. The consent is in place for many reasons. The foremost is to inform the patient of the treatment plan to be undertaken, how the psychologist/clinician will administer care, and the prognosis of such treatments hopes to achieve (May, 2004). However, consent also places legal backing to the treatment given to the patient, recording necessary information such as possible diagnosis, personal and confidential information given by the patient, and a record of treatment versus effect. Informed consent creates a level and understood beginning to the treatment process, by which the patient and clinician are understood to the process of therapeutic services, or psychological testing and research that is to take place. The APA Code of Ethics is in place for the psychologist to have rigid and enforceable standards of not only how to effectively treat individuals in the therapy setting, but also of how to protect the confidential and highly sensitive nature of psycho-therapy. The psychologist in the clinical setting is observing and offering...
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...separated into two categories, legislation and litigation. Legislation concerns governmental bodies passing laws. Litigation is laws that are formed by the rule of the law. There are legal issues related to informed consent, assessment, testing, diagnosis, and confidentiality. These issues will be discussed and the influence of legislation on the field of psychology will be evaluated. Competency will also be covered. Informed Consent Informed consent is a legal and ethical term defined as the consent by a client to a proposed medical or psychotherapeutic procedure, or for participation in a research project or clinical study. In order for the consent to be informed the client must first achieve a clear understanding of the relevant facts, risks and benefits, and available alternatives involved. Informed consent requires legal documentation in all 50 states. The concept of informed consent originated with the recognition that individuals have rights: to freedom, autonomy and human dignity. Clients possess these rights and cannot be denied their rights due to mental health status or condition. In general, an individual has the right to decide what is done to him or her and what kind of treatment, whether it is medical, clinical or experimental, he or she receives. Informed consent in the field of psychology is extremely important and is most relevant in psychotherapy,...
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...and family therapists provide professional assistance to persons without discrimination on the basis of race, age, ethnicity, socioeconomic status, disability, gender, health status, religion, national origin, sexual orientation, gender identity or relationship status. 1.2 Informed Consent. Marriage and family therapists obtain appropriate informed consent to therapy or related procedures and use language that is reasonably understandable to clients. The content of informed consent may vary depending upon the client and treatment plan; however, informed consent generally necessitates that the client: (a) has the capacity to consent; (b) has been adequately informed of significant information concerning treatment processes and procedures; (c) has been adequately informed of potential risks and benefits of treatments for which generally recognized standards do not yet exist; (d) has freely and without undue influence expressed consent; and (e) has provided consent that is appropriately documented. When persons, due to age or mental status, are legally incapable of giving informed consent, marriage and family therapists obtain informed permission from a legally authorized person, if such substitute consent is legally permissible. 1.3 Multiple Relationships. Marriage and family therapists are aware of their influential positions with respect to clients, and they avoid exploiting the trust and dependency of such persons. Therapists, therefore, make every effort to avoid conditions...
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...The informed consent is a written document in which a person, whether client or participants in a research study, agrees with the course of treatment (for counseling) or to participate (in case of study) after having received specific and enough information on the procedures that would be subject to. The area of psychology that I will consider for this discussion is research. Informed consent in research involves many factors. Informed consent should be provided to participants prior the study takes place. This document should provide sufficient and clear information of the study: duration, any possible risks or discomforts participants may suffer, and if participants will be or not compensated (amount must be specified). Additionally, informed...
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...area; such as assessments, HIPPA, confidentiality, testing, written consent, competence, and diagnosing. It is a large part of the psychology that most struggle with just to make sure that they do not break any laws and at the same time, giving the right treatment to every patient. The clinicians and patients have guidelines set forth according to the American Psychological Association (APA) that protects both parties from unethical and legal decisions. In this paper, the importance of informed consent and refusal, the legal issues within assessments, testing, and diagnosis, confidentiality in the therapeutic relationship, the impact of legislation and the role of competence in professional psychology will be discussed in detail. Legal Issues Related to Informed Consent and Refusal The informed consent is the agreement between two parties to work collaboratively (Pope & Vasquez, 2007). In psychology, the client signs the consent form to allow treatment from the psychologist who may include testing, treatment, and initial psychological assessment. The patients have the right to their information; in terms of benefits, alternative treatments and about the risks. If the patient does not understand what he or she is giving permission to, he or she can allow an authorized decision-maker. The law requires that all persons take reasonable steps to clarify and communicate adequately with their patients about their risks and benefits. The informed consent is basically the understanding...
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...Ethics, Informed Consent, Confidentiality and Anonymity When undertaking research, researchers should be conscious regarding the protection of participants from harm or loss, and must implement measures to protect their psychological well-being and dignity at all times (Brooks et al., 2014). As such researchers have an obligation to minimize risk and harm, and maximise benefits, when conducting research on human participants; to this end they must take significant precautions with vulnerable populations, to ensure the burdens and benefits of research are distributed fairly (Shamoo and Resnik, 2015). In terms of research into autism, it should be acknowledged this type of research poses significant ethical challenges, as there is a likely risk...
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...Therefore, their involvement in research should be placed within the context of British Educational Research Association guidelines and the international rights-based framework to guarantee the safety and the rights of the researchers and the participants. In the process of data collection, especially through interviews and questionnaires there are numerous ethical issues. They may arise at any time, from the heart of the first step of data collection known as voluntary informed consent to openness and disclosure, right to withdraw, children, privacy, confidentiality, anonymity, validity and reliability. By completing this poster, it was comprehended that there are several ethical issues involved in different data collecting methods and the importance of considering the ethical issues when collecting...
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...citing confidentiality. Mrs. T demands to see the file, stating that as the parent of a minor, she has every right to see the file. Does she have the right? What are the ethical issues involved? The Beginning of the Counseling Relationship The counseling of minors will have its share of challenges. Regardless of how demanding or the nature of threats a counselor receives it is important to remain professional. The ability to think under pressure, then present a calm and respectful attitude towards...
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...Confidentiality means any identifying details of staff or service users are not accessed by anyone, who are not the training program coordinator (Sarantakos 2013, p. 15). This correlates to 5.5.2.2: Respect, consent, privacy and review in research, (c) social workers will ensure care has been taken to protect the confidentiality of participants. To ensure confidentiality, it is crucial any identifying information of participants is not disclosed in evaluation reports or related documents. As there is only 100 staff members in this staff training program, care must be taken to ensure that there is no possibility for staff member’s identities to be revealed. To resolve the ethical issue of confidentiality, any documents containing identifying information will be secured, only to be accessed by authorised persons (Sarantakos 2013, p. 15). Furthermore, when in the process of writing the evaluation report, it will go under several proof readings to ensure no identifiable information was...
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...Counselors and students interested in engaging in online counseling should adhere to the ethical codes and complete proper training for this practice. It is essential for counselors to always incorporate informed consent during the initial meeting to ensure clients are aware of the potential risk of online counseling. Moreover, with the advancement of technology and the prevalence of online counseling, graduate programs should begin to incorporate studies involving online counseling. Also, it should be required for upcoming counselors and current professionals in the field of counseling to complete courses related to online counseling. The statistics related to the lack of professionals utilizing informed consent is alarming. With more research and emphasis on the topic of online counseling, more students and professionals may understand the heightened risk of engaging in online...
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...Competence Integrity Professional and Scientific Responsibility Respect for People's Rights, Dignity, and Diversity Social Responsibility ETHICAL STANDARDS 1. Professional and Scientific Standards 2. Competence 3. Representation and Misuse of Expertise 4. Delegation and Supervision 5. Nondiscrimination 6. Non-exploitation 7. Harassment 8. Employment Decisions 8.01 Fair Employment Practices 8.02 Responsibilities of Employees 9. Conflicts of Interest 9.01 Adherence to Professional Standards 9.02 Disclosure 9.03 Avoidance of Personal Gain 9.04 Decisionmaking in the Workplace 9.05 Decisionmaking Outside of the Workplace 10. Public Communications 10.01 Public Communications 10.02 Statements by Others 11. Confidentiality 11.01 Maintaining Confidentiality 11.02 Limits of Confidentiality 11.03 Discussing...
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...which the right to self determination could be violated. People can be coerced when they believe that their care will suffer if they refuse to participate in a study. For instance, a cancer patient without insurance may join a chemotherapy study to receive care that would otherwise be unavailable. • Right to anonymity and confidentiality-incorporates...
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