Confidentiality And Privilege In Psychological Care

Improved Essays
Students and clients may have difficulty understanding the concepts of privacy, confidentiality and privilege. Although these concepts are related there have certain particularities. Privacy in psychological services involves that clients and patients are usually treated privately. In this regard the psychology professional and his team must take reasonable measures not to reveal the identity, discuss information, or disclose the contents of communications with others of his/her clients. Importantly, these measures should rest on the Principles of the APA Code of Ethics. Privacy is not a status protected by law, but it is part of the professional client-therapist relationship (Mentor Research Institute, 2007). In addition, privacy encompasses that the person taking the service has the agency to disclose how much information they want to reveal to his/her therapist and keep to itself what he/she considers is pertinent. Mental health professionals must respect the concept of privacy as an inalienable right of every individual as a human being whether or not it is their client, (Koocher & Keith-Spiegel, 2008). On the other hand, confidentiality refers to a professional standard of conduct that requires all professional in any field of psychology to not discuss information about their clients, …show more content…
In some US state legislatures they have created what it is called testimonial privilege in which prohibits any heath professional revealed in a court trial or quasi-judicial procedure, with certain exceptions, any patient’s or client’s confidential information obtained during the course of treatment. It is important to emphasize that the privilege only shelters the patient or client, not professionals. Professionals who miss this status can be sued by their patients, (Koocher & Keith-Spiegel, 2008; Metzner, n.d.). Nevertheless privileged statuses may be limited under certain

Related Documents

  • Superior Essays

    In 1976, the California Supreme Court ruled in the case of Tarasoff v. Regents of the University of California that a patient’s right to confidentiality “ends where the public peril begins.” It was decided that doctor-patient confidentiality could—and should—be broken if the doctor believes a patient will cause serious harm to another person. In his article entitled “A Defense of Unqualified Medical Confidentiality,” Kenneth Kipnis argues that doctor-patient confidentiality should always be kept, contrary to the findings of the Tarasoff case. He presents the fictionalized case of the infected spouse to clarify his argument. In this case, a husband learns from his doctor that he is HIV positive.…

    • 1212 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    Often, healthcare professionals are confused about what they can freely disclose and what type of information can be shared. A breach of privacy by knowingly or accidentally sharing patients’ personal information to others that are not directly involved in the patient care can lead to a lawsuit and legal issues. Additionally, healthcare workers are always required to get consents from patients before talking to any family members. The author clearly elaborates…

    • 2001 Words
    • 8 Pages
    Improved Essays
  • Improved Essays

    Mock Therapy Paper

    • 665 Words
    • 3 Pages

    According to Florida Statutes, 2012 and APA Code of Ethics, 2010, Psychologists have a primary duty to take reasonable precautions to protect confidential information that acquires and recognized that law may regulate the regulated of confidentiality or established through institutional…

    • 665 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    We must abide by the B.A.C.P Ethical Principles, enabling an unimpeachable level of care, whilst maintaining self-fortification. Therapists work in conjunction with the law with an obligation to safeguard their client, this is predominantly paramount where vulnerable adults and children are concerned, as safeguarding is primed for those in danger of being exploited. Upholding confidentiality provides profound confidence, making therapy possible; as without it there would clearly be no therapy at all. According to Mitchels and Bond (2011 ,p. 65) confidentiality should be well-defined from the start as part of the contract, enabling the client to express their inner most feelings in a secure, trustworthy and safe…

    • 862 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    The clients and future clients, personally, want their private information to remain confidential with the therapist they are working with. They require and have the right to have their privacy protected. Economically, current and future clients want to pay for services that remain private between them and their therapist. The rehabilitation director is interested because they do not want a potential lawsuit, to fire an employee, or risk their reputation of managing. Current and future fieldwork students would also be directly or indirectly affected by this ethical problem.…

    • 185 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    Some questions one might ask themselves regarding this case are: Is it ethical for Knowles and Thomas to discuss about their patients’ health information? Now that Dr. Thomas understands Therman’s health condition, is it part of her duty to disclose the information to her, even though Therman isn’t her patient? Does Dr. Knowles have a duty to keep his patient’s information confidential, even though it can promote the wellbeing of another individual? In my opinion, I believe that therapists do have the right to seek the opinions of other therapists, but only to some extent. As they discuss their opinions, the therapist should be keeping the patient’s personal information, like their name, private.…

    • 1626 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    Further the article provides the premise of the writing is to help the nurse practitioner with this unusual situations that may require unusual actions. It provides the origin of patient privacy, duty of confidentiality, the duty to warn and duty to protect in law (McMullen, Howie, B., Howie, W., & Philipsen, 2013). The article mentions the ANA code ethics and the Nightingale pledge to keep patients privacy. Then it builds its case of importance of mentioning the 5 most deadly mass shooting associated with mental illness in 2012. The following events; Chardon High School in Ohio; Oikos University in Oakland, California; Aurora, Colorado; College Station Texas; Newtown, Connecticut.…

    • 830 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    However in some cases a practitioner/care worker has to discuss people’s cases with a manager and they must tell them about what the client has said. They may even need to reveal what they know about an individual in a court. In health and social care there is no absolute confidentiality because a practitioner may need to share information about and individual/ client to another practitioner. Health records are confidential so they cannot…

    • 1935 Words
    • 8 Pages
    Superior Essays
  • Great Essays

    The State of Utah has strict laws about social work confidentiality and mental health, “Records and information relating to the mental health of an individual are confidential and privileged to the patient, and may only be disclosed in accordance with the statue. It also states that a patient may consent to disclosure of information relating to their mental health to a parent or legal guardian” (Utah Code Ann. 58-60-114,2015). The Health Insurance Portability and Accountability act further protects client’s confidentiality within all states. It states that HIPAA “protects all identifiable health information held or transmitted by a covered entity, whether electronic, paper or oral.”…

    • 1346 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    confidentiality assures that the private health care information about the patient’s will not be disclosed to family or employers without their…

    • 794 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Both understand confidentiality and trust are the Foundation to treatment and protection for the clients. Members must keep all records secure and in compliance with HIPAA and allowing only authorized Personnel having access to them. Written Consent must be given in order to release confidential information and documentation unless if an emergency exists, then verbal consent will be enough to release information. In both codes of ethics, the provider of services is required to contact the authorities when there is a clear and imminent danger to the client or two other persons. Only pertinent information is given to emergency or medical personnel directly involved in reducing the danger or threat.…

    • 721 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Before releasing any information the professionals have to make sure they have the patient’s permission. I feel this article’s discrepancy of privacy is…

    • 716 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The informed consent is like a contract that protects both the client and the therapist, it concerns the issues of confidentiality that is of special importance during our therapeutic work. Although psychologist Sean had knowledge that Will was a genius and had a wide range of knowledge, he should not assume that Will had knowledge about therapy and/or confidentiality issues. His failure of providing informed consent to the client and discuss it to make sure that the client understands his own rights violated the ACA code of ethics, as it stated in the code that “counselors have an obligation to review in writing and verbally with clients the rights and responsibilities of both counselors and clients” (American Counseling Association, 2014). In this case, Will is a client who had been mandated for counseling services, Sean as his therapist, should “explain what type of information and with whom that information is shared prior to the beginning of counseling” (American Counseling Association, 2014). Here, I recommend that in the future practice, therapists in this organization always provide clients with informed consent and thoroughly discuss it to make sure that clients fully understands their responsibilities and…

    • 1534 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    These gray areas often cause issues for psychologists, clients, and patients. The solution is not always easy making this an ever stickier situation. The APA Ethics Code provides steps to help psychologists solve ethical dilemmas (Fisher p.40). The steps provided will not ensure a perfect decision free from consequences, but it will help guide psychologists to a more ethical solution to their…

    • 1832 Words
    • 7 Pages
    Improved Essays
  • Great Essays

    APA Ethical Guidelines for Psychologists The APA (2012) ethical guidelines for psychologist was written to deliver regulation standards on how psychologist should conduct themselves when working with clients. Ethics plays an important role in the field of psychology. Ethical concerns might arise at any time in various settings. The APA (2012) ethical guidelines for psychologists’ covers steps and guidance that need to be taken to minimize or avoid any harm to clients.…

    • 1560 Words
    • 7 Pages
    Great Essays