Efforts to lasso health care costs puts increasing pressure on staff to do more with less. Limited resources force tough choices in quality of care.
Corbin, MSW, LSW What are the ethical and legal imperatives of client confidentiality, and what impact do they have on the therapeutic relationship?
Many mental health professionals would consider themselves fortunate to avoid contact with a system whose laws and procedures often seem foreign to the therapeutic aims of their profession.
On the other hand, attorneys and other professionals surrounding the practice of law may view the mental health profession as a nebulous and somewhat unreliable science, particularly when it intersects with their system.
However, their shared history leaves little doubt that their present and future relationship is here to stay; their intersection is unavoidable and can be one that is both mutually favorable and beneficial. Supreme Court and critical court decisions such as Brown v.
Board of EducationU. For the clinician, a working knowledge of basic forensic social work would help in navigating the system of law in a way that is both helpful and contributes to the best interest of the client.
Those concerned with the practice of therapeutic jurisprudence focus on such problems as the manner in which the court system deals with the issues of domestic violence and substance abuse.
Both fields inform the practice of one another. It is one of the basic tenets of the therapeutic relationship and one that is an essential agent to the helping process for attorneys as well as clinicians.
The NASW and CSWA codes of ethics outline the values and principles that govern social work practice and guide our profession in making ethical decisions. There is a particular portion that serves as a guide from which social work professionals may draw upon surrounding certain legal proceedings.
It is as follows: Summary of Tarasoff Licensed social workers and other mental health professionals are compelled to reveal confidential information about their clients when they are a harm to themselves or others.
The California Supreme Court decision in Tarasoff v. Regents of the University of California ; set a standard for practitioners to reveal confidential information in their duty to warn others of the potential dangers from a client.
Briefly, the Tarasoff case involved a murder victim, Tatiana Tarasoff, who was killed by an alleged acquaintance, Prosenjit Poddar. Poddar was a client of Dr.
Lawrence Moore, who was employed by the University of California, and had stated during a therapy session that he intended to kill Tarasoff because she had rejected him as a lover.
He was assessed as a danger and was held briefly and released. Shortly after his temporary confinement, he did indeed kill Tarasoff during an attack with a pellet gun and knife.
They asserted that if the therapist knew that Poddar was indeed a danger and there was intent related to his threat to his victim, that they had a duty to warn her. Limits of Confidentiality and Privilege: A Legal Analysis Often, the terms confidentiality and privilege are used interchangeably to describe the same general phenomenon—keeping information about a client private.
However, the two terms can be distinguished from one another. Laws regarding mandated reporting and other limits of confidentiality differ. For instance, lawyers in New York are not mandated reporters Stein, Practitioners should familiarize themselves with the appropriate statutes in the states where they practice.
The history of confidentiality and how it has been guarded and breeched can be traced through pertinent case law. Familiarity with pertinent case law related to confidentiality can also be helpful in guiding practitioners negotiating work with a client, for example, who has threatened harm.
Three rulings that followed helped to support the Tarasoff duty to warn.
Lhimthe court ruled in favor of the plaintiff who administered the estate of the deceased, Ruby Davis, who was killed by her son who had schizophrenia after his release from the hospital. Smith had written a threatening note on the day he was released from the hospital.
Although the note was recorded in his case notes, no warning was ever given to the intended victim, his mother-in-law. Smith did follow through on his threat and killed his mother-in-law. The court ruled in favor of the plaintiff her husband in finding that the hospital staff had a duty to warn the intended victim about the threat United StatesPhillip Jablonski had been hospitalized and had a history of violence, including threatening to kill and rape his mother-in-law.based on minors' understanding of the "nature, risks, and benefits of counseling sufficiently to give informed consent".
Thus, there appears to be a link between the degree that students understand the rights and issues of the. The purpose of this article is to discuss the various ethical issues arising in the use of the EHRs and their possible solutions. Keywords: Confidentiality, electronic health record, paper record, security breaches.
Importance of Ethics on The Internet. Applying good ethical standards to the online world is a direct reflection of your business online. Ethics affects all aspects of your business. Video: Ethical Issues & Mental Health: Right to Treatment, Informed Consent & Confidentiality When someone goes to see a mental health professional, they have legal and ethical rights that are.
Learning Objectives. This is a beginning to intermediate course. Upon completion of this course, mental health professionals will be able to: Apply the concepts of privacy, confidentiality, and privilege to . To see a summary of ethical tips to use on the job, go to the "Ethical Tips For School Counselors" Page.
To learn more about the official code of ethics, and to see some questions and answers about the Ethical Standards, go to the "Ethical Standards For School Counselors" page.
To learn more about approaching a colleague when you become aware of an ethical dilemma, go to the "Tips For.