Download Client Rights and Counselor Responsibilities

Chapter 5
Client Rights and
Counselor
Responsibilities
Corey, 8e, ©2011, Brooks/ Cole –
Cengage Learning
Unit 4 Project
Research the chances of being diagnosed with Alzheimer’s
as an elderly adult. Explain the numerical data from at least
three different studies that support your findings as outlined
below.
Find at least three studies that discuss Alzheimer's Disease
and that include a table or graph of data that displays the
percentages or numerical differences in being diagnosed
with Alzheimer's in regards to variations of age, gender,
and/or race. Explain the differences of the data from each
of the three studies. You should compare the averages
among different categories within each study being sure to
cite each study using APA in-text citation and reference
format.
Unit 4 Project
How would you explain this to Catherine and her family?
Investigate the legal challenges of working with elder adult
clients. Describe and discuss the reporting laws in your state.
How might you expect to address such legal issues and
requirements in your work with elder adult populations?
How might you assess and evaluate Catherine's needs at this
time? Incorporate any diagnostic guidelines from a
professional organization that may help you to diagnosis
Catherine and determine your legal obligations on her behalf.
Unit 4 Project
What are the ethical and legal implications of this case
study? What are your concerns?
As Catherine's counselor, how might you direct therapy
from this point forward?
What, if any, mandatory reporting challenges do you
see?
Please be sure to actively introduce Catherine's case
study in your paper. You should include specifics of
Catherine's case in illustrating your understanding and
research of our topic.
Unit 4 Project
This project should be approximately 750–
1,200 words, double-spaced, and created
in 12 point font.
Include at least two references in support
of your observations and conclusions
using proper APA citation and reference
formatting.
Client’s Right to Informed Consent
Informed consent
– involves the right of clients to be informed about their
therapy and to make autonomous decisions pertaining to it
– a shared decision-making process
– a powerful clinical, legal, and ethical tool
– requires that the client understands the information
presented, gives consent voluntarily, and is competent to
give consent to treatment
– a process that continues for the duration of the professional
relationship as issues and questions arise
Issues and Ethics - Chapter 5 (1)
Corey, 8e, ©2011, Brooks/ Cole –
Cengage Learning
Content of Informed Consent
When educating clients about informed consent, the following
information should be provided in writing and discussed:
The therapeutic process
Background of therapist
Costs involved in therapy
The length of therapy and termination
Consultation with colleagues
Interruptions in therapy
Issues and Ethics - Chapter 5 (2)
Corey, 8e, ©2011, Brooks/ Cole –
Cengage Learning
Content of Informed Consent
Clients’ right of access to their files
Rights pertaining to diagnostic labeling
The nature and purpose of confidentiality
Benefits and risks of treatment
Alternatives to traditional therapy
Tape-recording or videotaping sessions
Issues and Ethics - Chapter 5 (3)
Corey, 8e, ©2011, Brooks/ Cole –
Cengage Learning
Questions
Should clients have access to their clinical
files?
Is it primarily the therapist’s responsibility
to determine the appropriate time for
termination of therapy for most clients.
Why or why not?
Corey, 8e, ©2011, Brooks/ Cole –
Cengage Learning
Ethical Issues in Online Counseling
It is the counselor’s responsibility to examine the ethical, legal,
and clinical issues related to online counseling.
Providing counseling services online is controversial.
There are potential legal issues that must be addressed, a few
of which include:
– Competence of practitioner in providing online counseling
– Informing client of limits and expectations of the
relationship
– Developing a plan for how emergencies can be addressed
Issues and Ethics - Chapter 5 (7)
Corey, 8e, ©2011, Brooks/ Cole –
Cengage Learning
Question
What are your thoughts about online
counseling? Is it a good therapeutic tool?
Why or why not?
Corey, 8e, ©2011, Brooks/ Cole –
Cengage Learning
Some Advantages of
Online Counseling
Reaching clients who may not participate in face-to-face
therapy
Improving client access in rural areas
Increasing flexibility in scheduling
Facilitating assigning and completing of client homework
Augmenting a problem-solving approach
Improving an orientation to the counseling process
Enhancing the provision of referral services
Issues and Ethics - Chapter 5 (8)
Corey, 8e, ©2011, Brooks/ Cole –
Cengage Learning
Some Disadvantages of
Online Counseling
Danger of making an inaccurate diagnosis
Compromising of confidentiality and privacy
Problems involved in being able to protect suicidal clients
Difficulties in attending to clients who are in crisis situations
Absence of traditional client-therapist relationship
Inability to address a range of more complex
psychological problems
Inability to deal with interpersonal concerns in the
therapy process
Issues and Ethics - Chapter 5 (9)
Corey, 8e, ©2011, Brooks/ Cole –
Cengage Learning
Working With Children and
Adolescents
Important issues to consider:
– Minors’ rights regarding informed consent
– Parental rights to information about a minor’s treatment
– Minors’ assent versus consent
– Involving parents in the counseling process with minors
– Limits to confidentiality
– Dealing with reluctance
– Need for supervised clinical experience in play therapy, art
and music therapy, and recreational therapy
Issues and Ethics - Chapter 5 (12)
Corey, 8e, ©2011, Brooks/ Cole –
Cengage Learning
Reasons for Malpractice Suits
Failure to obtain or document informed consent
Client abandonment or premature termination
Marked departures from established therapeutic practices
Practicing beyond the scope of competency
Misdiagnosis
Crisis intervention
Issues and Ethics - Chapter 5 (14)
Corey, 8e, ©2011, Brooks/ Cole –
Cengage Learning
Reasons for Malpractice Suits
Repressed or false memory
Unhealthy transference relationships
Sexual misconduct with a client
Failure to control a dangerous client
Managed care and malpractice
Issues and Ethics - Chapter 5 (15)
Corey, 8e, ©2011, Brooks/ Cole –
Cengage Learning
Limits of Confidentiality
– When clerical assistants handle confidential information
– When a counselor consults
– When a counselor is being supervised
– When a client has given consent
– When a client poses danger to self or others
– When a client discloses intention to commit a crime
– When a counselor suspects abuse or neglect of a child or
vulnerable adult
– When a court orders counselor to make records available
Issues and Ethics - Chapter 6 (3)
Corey, 8e, ©2011, Brooks/ Cole –
Cengage Learning
Implications of HIPAA for Mental
Health Providers
The Health Insurance Portability and Accountability Act
of 1996 (HIPAA)
– passed by Congress to promote standardization and
efficiency in the health care industry and to give patients
more rights and control over their health information.
– The HIPAA Privacy Rule developed out of the concern
that transmission of health care information through
electronic means could lead to widespread gaps in the
protection of client confidentiality.
Issues and Ethics - Chapter 6 (7)
Corey, 8e, ©2011, Brooks/ Cole –
Cengage Learning
Duty to Protect Potential Victims
Balancing client confidentiality and protecting the public is a
major ethical challenge
Counselors must exercise the skill and care of a reasonable
professional to:
1.
2.
3.
Identify clients who are likely to do physical harm to
third parties
Protect third parties from clients judged potentially
to be dangerous
Treat those clients who are dangerous
Issues and Ethics - Chapter 6 (9)
Corey, 8e, ©2011, Brooks/ Cole –
Cengage Learning
Guidelines for Assessing
Suicidal Behavior
Take direct verbal warnings seriously.
Pay attention to previous suicide attempts.
Identify clients suffering from depression.
Be alert for feelings of hopelessness and helplessness.
Monitor severe anxiety and panic attacks.
Ascertain whether there has been a recent diagnosis of a serious or
terminal health condition.
Issues and Ethics - Chapter 6 (16)
Corey, 8e, ©2011, Brooks/ Cole –
Cengage Learning
Guidelines for Assessing
Suicidal Behavior
Determine whether the individual has a plan.
Identify clients who have a history of severe alcohol or drug
abuse.
Be alert to client behaviors (e.g. giving prized possessions away,
finalizing business affairs, or revising wills).
Determine the history of psychiatric treatment.
Issues and Ethics - Chapter 6 (17)
Corey, 8e, ©2011, Brooks/ Cole –
Cengage Learning
Protecting Children, the Elderly,
and Dependent Adults From Harm
Mandatory reporting
– designed to encourage reporting of any suspected cases of
child, elder, or dependent adult abuse; thus, therapists are
advised to err on the side of reporting in uncertain
circumstances.
– If children, the elderly, or other dependent adults disclose that
they are being abused or neglected, the professional is required
to report the situation under penalty of fines and imprisonment.
– The professional has an obligation to protect those who cannot
advocate for themselves.
Issues and Ethics - Chapter 6 (18)
Corey, 8e, ©2011, Brooks/ Cole –
Cengage Learning
Types of Elder Abuse
Physical abuse
Sexual abuse
Psychological or emotional abuse
Neglect
Abandonment
Financial or material exploitation
Issues and Ethics - Chapter 6 (19)
Corey, 8e, ©2011, Brooks/ Cole –
Cengage Learning
Quote
The time is always right to do what is
right.
— Martin Luther King, Jr
Corey, 8e, ©2011, Brooks/ Cole –
Cengage Learning