1Listen to the audio lecture while viewing these slidesPsychology 475Professional Ethics in Addictions Counseling1Confidentiality: Ethical and Legal IssuesChapter 62Psyc 475 – Professional Ethics in Addictions CounselingConfidentiality 3Psyc 475 – Professional Ethics in Addictions CounselingPrivileged Communication• Privilege: client’s right to prevent a counselor from revealing confidential communications in a legal proceeding. • Does not apply to: group,couples, marital,family, child, and adolescent counseling sessions.4Psyc 475 – Professional Ethics in Addictions CounselingPrivacy• Privacy refers to the constitutional right of an individual to decide the time, place, manner, and extent of sharing oneself with others.5Psyc 475 – Professional Ethics in Addictions CounselingPrivacy Issues with Telecommunication Devices• Do not acknowledge that clients are receiving services to unknown callers.• Verify that you are actually talking to the intended person.6Psyc 475 – Professional Ethics in Addictions CounselingMore Privacy Issues with Telecommunication Devices• Be aware that there is no way to prevent your conversation from being recorded or monitored by an unintended person.• Be professional, brief, and careful in talking about confidential information over the telephone.27Psyc 475 – Professional Ethics in Addictions CounselingMore Privacy Issues with Telecommunication Devices• Avoid making any comments that you wouldn’t want your client to hear or that you would not want to repeat in a legal proceeding.8Psyc 475 – Professional Ethics in Addictions CounselingEthical and Legal Ramifications of Confidentiality and Privileged Communication9Psyc 475 – Professional Ethics in Addictions CounselingExceptions to Confidentiality and Privileged Communication10Psyc 475 – Professional Ethics in Addictions CounselingExceptional Circumstances:• Client consent• Reimbursement or legal rules require disclosure• Clerical assistants handle confidential information11Psyc 475 – Professional Ethics in Addictions CounselingExceptional Circumstances continued• Counselor consults with experts or peers• Counselor is working under supervision12Psyc 475 – Professional Ethics in Addictions CounselingExceptional Circumstances continued• Mental health professionals request information and the client gives consent to share• Other professionals are involved in a treatment team313Psyc 475 – Professional Ethics in Addictions CounselingLegally Mandated Exceptions• Disclosure is court ordered• Client files a complaint against the counselor14Psyc 475 – Professional Ethics in Addictions CounselingLegally Mandated Exceptions continued• Client claims psychological damage in a lawsuit• Civil commitment proceedings are initiated15Psyc 475 – Professional Ethics in Addictions CounselingDuty to Protect Potential Victims• Bednar (1991) counselors must :• 1. Identify clients who are likely to do physical harm to others• 2. Protect others from clients judged as potentially dangerous• 3. Treat clients who are dangerous16Psyc 475 – Professional Ethics in Addictions CounselingCounselors should also• Take careful case histories• Advise clients of the limits of confidentiality• Keep accurate notes of threats and other client statements 17Psyc 475 – Professional Ethics in Addictions CounselingCounselors should also• Seek consultation• Record steps taken to protect others18Psyc 475 – Professional Ethics in Addictions CounselingLiability can happen if the counselor• Failed to diagnose or predict dangerousness• Failed to warn potential victims of violent behavior419Psyc 475 – Professional Ethics in Addictions CounselingCounselor Liability continued• Failed to commit dangerous individuals• Prematurely discharge dangerous clients from a hospital20Psyc 475 – Professional Ethics in Addictions CounselingThe Tarasoff Case• Moore called the campus police and stated he felt Poddar was dangerous• Campus police took Poddar into custody for questioning but released him because he appeared “rational” and promised to stay away from Tarasoff21Psyc 475 – Professional Ethics in Addictions CounselingThe Tarasoff Case continued• Poddar was never confined to a facility• Moore followed up his phone call with a letter requesting the assistance of a the Chief of Campus Police22Psyc 475 – Professional Ethics in Addictions CounselingThe Tarasoff Case continued• Later, Moore’s supervisor asked that the letter be returned, and that the letter and case notes be destroyed• Supervisor asked that no further action be taken23Psyc 475 – Professional Ethics in Addictions CounselingThe Tarasoff Case continued• Tarasoff and family were never made aware of the threats• Shortly after Tarasoff returned from Brazil, Poddar killed her24Psyc 475 – Professional Ethics in Addictions CounselingThe Tarasoff Case continued• California Supreme Court in 1976 ruled that a failure to warn an intended victim was professionally irresponsible.525Psyc 475 – Professional Ethics in Addictions CounselingThe Tarasoff Case continued• The courts ruling requires that counselor’s breach confidentiality incases where the general welfare and safety of others is involved. 26Psyc 475 – Professional Ethics in Addictions CounselingInterventions that can be taken to protect others• Reassess client • Medication changes• Referral• Hospitalization27Psyc 475 – Professional Ethics in Addictions CounselingMore protective interventions• Warning potential victims• Calling the police• Informing the state child protection agency28Psyc 475 – Professional Ethics in Addictions CounselingNote• Negligence lies in the practitioner’s failure to warn a third party of imminent danger, not in failing to predict any violence that may be committed.29Psyc 475 – Professional Ethics in Addictions CounselingGuidelines for Dealing with Dangerous Clients30Psyc 475 – Professional Ethics in Addictions CounselingGenerally the duty to warn is indicated when these three conditions are present• 1. A special relationship exists between the client and counselor• 2. A reasonable prediction of harmful conduct is made• 3. A potential victim can be identified631Psyc 475 – Professional Ethics in Addictions CounselingDuty to Protect Suicidal Clients32Psyc 475 – Professional Ethics in Addictions CounselingGuidelines for Assessing Suicidal Behavior• Take the cry