Informed Consent Case Study

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3) As clients enter counselling, discussion and commitment to informed consent and confidentiality may be best supported, and legally guided, through a written format. Since informed consent is an ongoing process (CCPA B4), a client has the opportunity to decline service; additionally, if the client is cognisant of the limits to confidentiality (CCPA B2), he has the right to be mindful of information he shares. In the event, for example, a “client discloses his intention to have unprotected sex despite positive HIV status, with an identified other”, this places an “onerous decision (for the counsellor) of whether or not to breach confidence” (Wong-Wylie, 2003 p.35).
While confidentiality may be consider respecting the rights of the client
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Wong-Wylie (2003) references four areas, which can affect the maintenance of confidentiality: “verbal intent” that conveys harm to another; “a psychiatric disorder inhibiting responsible behaviour”; the identified other is not consenting; and/or the client is engaging in risky behaviours (p.40). Based on the presenting scenario, the client provided “verbal intent”, there is an unknowingly identified individual, and the plan is to engage in unprotected sex. With this knowledge, documentation, consultation with a professional (CCPA B10), review standards of practice, as well as laws are to be completed by the counsellor. Likewise, notification of the unknowing identifiable other is essential. Frontloading the client of the professional, ethical and legal requirements may prove helpful in maintaining the therapeutic relationship and assist in the disclosure to the intended person or perhaps seek consent for the counsellor to release the information. Regardless, the client should be advised the information related to the specific circumstance would be released. Another direction mentioned by Wong-Wylie (2003), is to consider the support of the local authorities, with client consent, to inform the identified individual of “HIV risk.”

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