Confidentiality In Mental Health Counseling
Confidentiality is the ethical and legal responsibility of mental health counselors to protect the right of privacy of clients. In the world of mental health counseling, counselors’ commitment to confidentiality is the basis of effective practice. Confidentiality prohibits mental health counselors from disclosing information about the client to third parties (e.g. family members, employer). Confidentiality is critical to establish trust between consumer and mental health counselor, which is imperative for promoting open communication of clients during counseling.
In order to be ethnically and legally compliant with confidentiality, mental health counselors must adhere to the expectations of The ACA Code of Ethics, Colorado Confidenitity
Statue and Common Law. The American Counseling Association dedicated an entire section of the ACA Code of Ethics to “Confideitny and Privacy”, to provide mental health counselors with guidelines for ethical behavior regarding “respecting client rights”, “expectations”, and “records and documentations”(ACA). Colorado confidenttiallity statutes to declare mental health counselors are legally liable for the liability of non-disclosure and confidentiality "by C.R.S. & 12-43-218. Common law reinforces Mental Health counselors are legally responsible for “non-disclosure” as a part of “invasion of Privacy" theory. In addition to informing mental health counselors of the ethical and legal responsibility regarding confidentiality, the ACA Code of Ethics, and Colorado confidentiality statutes provides the limitations of confidentiality.
Mental Health Counselors are responsible for providing informed consents and establishing awareness of the limitations of confidentiality during the initial encounters with clients. Mental health counselors have an obligation to breach confidentiality in the event, disclosure of information is legally mandated, ethically obligated and/or client wavering rights to confidently. As mandated reporters of child abuse and neglect, Mental Health counselors are legally obligated to disclose information related to suspected abuse and neglect, which require confidentiality to be breached. In the situation a client is a danger to themselves or others, mental health counselors are ethically obligated to breach confidentiality in order “to protect clients or identified others from serious or foreseeable harm”, because protecting the welfare of the clients and the public is the primary ethical responsibility of the ACA code of ethics.
In order to be ethnically and legally compliant with confidentiality, mental health counselors must adhere to the expectations of The ACA Code of Ethics, Colorado Confidenitity
Statue and Common Law. The American Counseling Association dedicated an entire section of the ACA Code of Ethics to “Confideitny and Privacy”, to provide mental health counselors with guidelines for ethical behavior regarding “respecting client rights”, “expectations”, and “records and documentations”(ACA). Colorado confidenttiallity statutes to declare mental health counselors are legally liable for the liability of non-disclosure and confidentiality "by C.R.S. & 12-43-218. Common law reinforces Mental Health counselors are legally responsible for “non-disclosure” as a part of “invasion of Privacy" theory. In addition to informing mental health counselors of the ethical and legal responsibility regarding confidentiality, the ACA Code of Ethics, and Colorado confidentiality statutes provides the limitations of confidentiality.
Mental Health Counselors are responsible for providing informed consents and establishing awareness of the limitations of confidentiality during the initial encounters with clients. Mental health counselors have an obligation to breach confidentiality in the event, disclosure of information is legally mandated, ethically obligated and/or client wavering rights to confidently. As mandated reporters of child abuse and neglect, Mental Health counselors are legally obligated to disclose information related to suspected abuse and neglect, which require confidentiality to be breached. In the situation a client is a danger to themselves or others, mental health counselors are ethically obligated to breach confidentiality in order “to protect clients or identified others from serious or foreseeable harm”, because protecting the welfare of the clients and the public is the primary ethical responsibility of the ACA code of ethics.