Exam 8: Confidentiality and Informed Consent
Discuss some of the consequences for the client/therapist relationship if confidentiality is breached.
Confidentiality is a fundamental aspect of the client/therapist relationship, and breaching it can have serious consequences. If a therapist breaches confidentiality, it can lead to a breakdown of trust between the client and therapist. The client may feel betrayed and may be less likely to open up and be honest in future sessions. This can hinder the therapeutic process and ultimately impact the client's progress.
Furthermore, breaching confidentiality can also have legal and ethical implications. Therapists are bound by professional codes of ethics and laws that require them to maintain client confidentiality. If confidentiality is breached, the therapist could face legal action and professional consequences, such as losing their license to practice.
In addition, breaching confidentiality can also have social and personal consequences for the client. If sensitive information is disclosed without their consent, it can lead to stigma, discrimination, and damage to their personal and professional relationships.
Overall, breaching confidentiality can have far-reaching and detrimental effects on the client/therapist relationship, as well as on the well-being of the client. It is essential for therapists to uphold confidentiality to maintain trust and ensure the effectiveness of the therapeutic process.
Social workers and other professionals who are required to report suspected child abuse and neglect admit to reporting only about 75 percent of the cases they suspect.
False
There are laws to protect community members from sex offenders once a person has been convicted.What are they? What do you think the social worker's responsibility is if she knows her client has committed a sexual offense but has not been convicted? EPAS: 2.1.2.b.d; 2.1.3.a
Laws to protect community members from sex offenders include sex offender registration and notification laws, which require convicted sex offenders to register with law enforcement and notify the community of their presence. These laws also restrict where sex offenders can live, work, and visit, and may require them to undergo treatment or supervision.
If a social worker knows that her client has committed a sexual offense but has not been convicted, her responsibility is to ensure the safety of the community while also upholding the ethical principles of confidentiality and client autonomy. The social worker should assess the risk of harm to others and take appropriate steps to address it, such as reporting the client to law enforcement or referring them to treatment programs. The social worker should also provide support and guidance to the client to prevent future harm and promote rehabilitation. It is important for the social worker to consult with colleagues and supervisors to make informed decisions and ensure the safety and well-being of all involved.
Using the following case study on duty to warn, allow students five to ten minutes to review the case and to formulate an answer of yes or no with a brief explanation of how they arrived at their answers and to share their answers with the class.Then open it up for discussion.
Melanie is 19-year-old female who works as a hooker in New York City.She comes to your office for help when she learns she is HIV positive.She has been a hooker since the age of fifteen when she ran away from home.She informs you that she continues to have unprotected sex and on average has intercourse with four men per day.As her therapist do you have a duty to locate all the men she has had intercourse with to warn them they may be infected with HIV? Do you have an obligation to call the police?
What are three options that a social worker has when a report of suspected child abuse needs to be made to the Department of Protective Services? EPAS: 2.1.2.b.d
Disclosure of information, voluntariness, and competency are the three issues of informed consent.Discuss some of the problems involving any of these that make for difficult ethical dilemmas in social work practice.
Explain how the ethical principle of confidentiality is related to the client's right to privacy.
Whereas social workers are ethically bound to maintain confidentiality, group members are free to discuss the personal business of other group members with family and friends.
Discuss the importance of the Health Insurance Portability and Accountability Act (1996, HIPAA).
According to the Tarasoff ruling a therapist must keep confidentiality even when the client makes a believable threat to kill another person.
The 2008 NASW Code of Ethics clearly states that unless clients give prior authorization to the social worker, that social worker should not disclose confidential information to third party payers.
Review with the class the Tarasoff vs.Regents landmark court case concerning duty to warn.
According to the 1969 landmark legal decision - Tarasoff v.the Regents of the University of California - when it is determined that a patient is potentially violent and presents a serious danger, the social worker has a duty to warn the intended victim.Despite the possibility of destroying the confidential nature of the therapy, what are four steps the social worker should take to ensure protection?
Confidentiality refers to the inherent right of every person to decide what, if any, information about them is shared with others.
HIPAA is a voluntary agreement between healthcare providers to safeguard patients' medical information.
Referring to pages 154-155, have the class divide into two groups and debate why or why not sharing confidential information with a client is beneficial to treatment.
A social worker testifying in court can only withhold confidential information if client-social worker privilege has been granted by state law.
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