Ethics in Counselling
A2 EXAM WITH
SOLUTIONS.
,Privacy - CORRECT ANSWERS -the right of persons to decide what information about
themselves will be shared with or withheld from others.
Confidentiality - CORRECT ANSWERS -an ethical concept referring to the counselor's
obligation to respect the client's privacy and to our promise to clients that the
information they reveal during counseling will be protected from disclosure without their
consent.
Privileged communication - CORRECT ANSWERS -laws protect clients from having
confidential communications with their counselors disclosed in a court of law without
their permission.
Origins of Confidentiality - CORRECT ANSWERS -• Beginning of 19'th century, mental
illness viewed as mystical and demonic.
• 1800's significant strides made in understanding mental illness.
• 1960's deinstutionalization of mentally ill bought these individuals back into contact
with society.
• Social stigma associated with those who sought help. Today still there is still a shame
that is associated with seeking the services of a mental health professional.
• Easy to understand the need for confidentiality in this type of climate.
Rationale for Confidentiality - CORRECT ANSWERS -• Universally viewed as essential
to the counseling relationship.
• Four premises (Bok, 1983):
• Respect for autonomy: self-determination.
• Respect for human relationships: secrets that certain type of relationships entail.
• Pledge of silence: offer of confidentiality extended by counselor to the client.
• Utility: confidentiality in counseling relationships is useful to society, without it clients
would be reluctant to seek help.
Counselor Practices and Confidentiality - CORRECT ANSWERS -• Mental health
professionals take seriously their pledge to maintain their clients' confidentiality and are
diligent in honoring it (Grabois, 1997/1998).
• New technology may present a problem to counselors.
, • Faxes, email, and cellular phones are not secure means of communication and
confidential information should not be exchanged using these systems.
• Do not obtain a colleagues advice while walking down the halls of an institution, or at a
restaurant over lunch, or in other public places.
• Students in training programs should exercise caution in maintaining client
confidentiality.
• The ethical obligations of students are the same as those of practicing counselors
(Standard F. 8.a).
• Do not leave case notes, audiotapes, videotapes of work with clients where they might
be seen by anyone unauthorized to see them.
Ethical Standards and Confidentiality - CORRECT ANSWERS -• Only specific ethical
issue to which an entire section of the ACA Code of Ethics (2005) is devoted.
• "Counselors recognize that trust is a cornerstone of the counseling relationship." (Intro
to Standard B).
• When client requests information be disclosed, counselor should honor their requests.
• If counselor believes release of material would be detrimental to clients best interest,
this should be discussed with the client. Ultimate decision belongs to the cl ient.
Confidentiality belongs to the client.
• Records are kept for the benefit of the client, and counselors are obligated to provide
clients with access to their records, unless the records contain information that may be
misleading or harmful to the client (Standard B.6.d). HIPAA, federal statue, requires
clients be given access to their counseling records.
• Confidentiality is not absolute. Times when confidentiality must be breached.
Counselors must inform clients at the outset that there are limitations to their
confidentiality.
Privileged Communication - CORRECT ANSWERS -• Fourth Amendment: guaranteed
to all citizens; prohibits government searches without warrants.
• Privacy right is not absolute.
• Interest of society outweigh individual rights to privacy, privacy rights compromised in
interest of preserving a stable societal structure.
• *Basically means a judge cannot order information that has been recognized by law as
privileged to be revealed in court.
• Withholding evidence is antagonistic to entire system of justice.
• Legal procedures demand all evidence relevant to a case be presented to a judge or
jury.
• Discovery: opposing side in a court case have access to evidence before a trial takes
place.
• As a counselor, you will want to guarantee that the information that clients give you will
be kept confidential.
• Idea that information and secrets revealed in a counseling session might someday be
disclosed in court is very unsettling. How does this make you feel?
Jaffee vs. Redmond (1996) - CORRECT ANSWERS -• U.S. Supreme Court ruled:
A2 EXAM WITH
SOLUTIONS.
,Privacy - CORRECT ANSWERS -the right of persons to decide what information about
themselves will be shared with or withheld from others.
Confidentiality - CORRECT ANSWERS -an ethical concept referring to the counselor's
obligation to respect the client's privacy and to our promise to clients that the
information they reveal during counseling will be protected from disclosure without their
consent.
Privileged communication - CORRECT ANSWERS -laws protect clients from having
confidential communications with their counselors disclosed in a court of law without
their permission.
Origins of Confidentiality - CORRECT ANSWERS -• Beginning of 19'th century, mental
illness viewed as mystical and demonic.
• 1800's significant strides made in understanding mental illness.
• 1960's deinstutionalization of mentally ill bought these individuals back into contact
with society.
• Social stigma associated with those who sought help. Today still there is still a shame
that is associated with seeking the services of a mental health professional.
• Easy to understand the need for confidentiality in this type of climate.
Rationale for Confidentiality - CORRECT ANSWERS -• Universally viewed as essential
to the counseling relationship.
• Four premises (Bok, 1983):
• Respect for autonomy: self-determination.
• Respect for human relationships: secrets that certain type of relationships entail.
• Pledge of silence: offer of confidentiality extended by counselor to the client.
• Utility: confidentiality in counseling relationships is useful to society, without it clients
would be reluctant to seek help.
Counselor Practices and Confidentiality - CORRECT ANSWERS -• Mental health
professionals take seriously their pledge to maintain their clients' confidentiality and are
diligent in honoring it (Grabois, 1997/1998).
• New technology may present a problem to counselors.
, • Faxes, email, and cellular phones are not secure means of communication and
confidential information should not be exchanged using these systems.
• Do not obtain a colleagues advice while walking down the halls of an institution, or at a
restaurant over lunch, or in other public places.
• Students in training programs should exercise caution in maintaining client
confidentiality.
• The ethical obligations of students are the same as those of practicing counselors
(Standard F. 8.a).
• Do not leave case notes, audiotapes, videotapes of work with clients where they might
be seen by anyone unauthorized to see them.
Ethical Standards and Confidentiality - CORRECT ANSWERS -• Only specific ethical
issue to which an entire section of the ACA Code of Ethics (2005) is devoted.
• "Counselors recognize that trust is a cornerstone of the counseling relationship." (Intro
to Standard B).
• When client requests information be disclosed, counselor should honor their requests.
• If counselor believes release of material would be detrimental to clients best interest,
this should be discussed with the client. Ultimate decision belongs to the cl ient.
Confidentiality belongs to the client.
• Records are kept for the benefit of the client, and counselors are obligated to provide
clients with access to their records, unless the records contain information that may be
misleading or harmful to the client (Standard B.6.d). HIPAA, federal statue, requires
clients be given access to their counseling records.
• Confidentiality is not absolute. Times when confidentiality must be breached.
Counselors must inform clients at the outset that there are limitations to their
confidentiality.
Privileged Communication - CORRECT ANSWERS -• Fourth Amendment: guaranteed
to all citizens; prohibits government searches without warrants.
• Privacy right is not absolute.
• Interest of society outweigh individual rights to privacy, privacy rights compromised in
interest of preserving a stable societal structure.
• *Basically means a judge cannot order information that has been recognized by law as
privileged to be revealed in court.
• Withholding evidence is antagonistic to entire system of justice.
• Legal procedures demand all evidence relevant to a case be presented to a judge or
jury.
• Discovery: opposing side in a court case have access to evidence before a trial takes
place.
• As a counselor, you will want to guarantee that the information that clients give you will
be kept confidential.
• Idea that information and secrets revealed in a counseling session might someday be
disclosed in court is very unsettling. How does this make you feel?
Jaffee vs. Redmond (1996) - CORRECT ANSWERS -• U.S. Supreme Court ruled:
