The authors describe the case of Thapar v. Zezulka is what the state of Texas established their precedent for mental health professional not obligated to warn and protect third parties when a client reveals an intent to harm. The arthurs discuss the ACA code of ethics as being more permissive than Texas statues in reporting results of HIV testing Barbee et al. (2007). Mental health professional has a duty to protect the client and breaching of confidentiality is an issue when dealing with a client threating harm to a third…
4. Psychiatrists who learn from a patient that he or she intends to do harm to another has the legal responsibility to the patient to maintain confidentiality and cannot disclose such information to authorities.…
In 1976, the California Supreme Court ruled that psychotherapists have a duty to warn and protect potential victims if their patients made threats or otherwise behaved as if they presented a serious danger of violence to another. This ruling happened because of the Tarasoff Case of 1969, in which the court determined the need for therapists to protect the public was more important than protecting patient-therapist confidentiality. (Vitelli 1)…
Maintaining a level of confidentiality, in a group, is an important component. It is always best to be up front with group members about the level of confidentiality that is expected from each member. This writer has facilitated many groups. Some of these groups were in an institutional setting and some were in public places such as a park. There are many aspect of confidentiality that one should consider before taking a group to a park. Confidentiality is a key component to being able to maintain a group in a park setting and have the outcome positive.…
The psychologist faces many issues in the presented vignette. The first is the breach in confidentiality between the clinician and patients. Acknowledging the issue could potentially identify the patient. The psychologist also has the responsibility of providing an informal resolution to the ethical issue. The issue potentially harms the profession by instilling distrust of the public. The psychologist could provide discuss the violation with the offending psychologist to confirm if the misconduct has occurred and recommend ways to end it.…
A recent decision in the rehearing of the Tarasoff v. Regents of the University of California case, mandates that not only should mental health professionals and social service workers warn a potential victim of possible harm by their client, but there is also a duty to protect the potential vicitm. This can be carried out through any or all of the following steps:…
A guiding principle followed by most administrators and health care providers is the concept that ethical principles must match the values of the whole organization. This belief should serve as a continuous teaching to all staff so that the organization’s goals may be uniformly achieved. Healthcare administrators must be fully competent in adhering to the ethical principles of patient and employee confidentiality in order to promote trust, respect, and the protection of individual’s rights concerning health information. This is one of the main objectives of the Privacy Rule or HIPAA, and a breach to…
This paper describes the events that took place concerning Prosenjit Poddar and Tatiana Tarasoff, as well as the ruling in the case of Tarasoff v. Board of Regents of the University of California. The ruling was not a favorable one at first, leaving psychologists feeling this would breach their patients trust. Confidentiality is crucial in a therapist-client relationship. “Legislators reacted to therapists’ concerns regarding the conflict of duties and enacted exceptions to confidentiality statuses when warning was necessary to protect third parties” (“Confidentiality after Tarasoff,” 1994, para. 9).…
Confidentiality and ethical codes are legal issues that fumigate problems in clinical psychology. Confidentiality intersects the jurisdiction of legal and ethical consideration in the aspects of psychotherapy. A therapist must maintain professionalism at all times. The patient has a right to share his or her treatment with the psychotherapist and believe the information he or she converse will be keep in safe keeping. Therapists are legally responsible for withholding the client’s confidentiality. There are some exceptions to release this information such as homicide or suicide, sexual abuse, or imminent danger to self or others. Code of Ethics is a set of guidelines clinical psychiatrists have to follow within a therapeutic profession. The rules are set in a professional manner and its use is to protect the client and the professional therapist in psychotherapy. Psychiatrists have to maintain confidentiality concern when documenting clinical sessions. In any area, if the psychiatrist has to go to court, the plan of action must coincide with the treatment the psychiatrist diagnosed.…
Psychologists are expected to be professional and honest at all times with their patients and others around them. When a patient is with the psychologist, the psychologist has to honestly tell the patient of all tests that will be done or what will happen in a session. When a psychologist or any other professional for that matter is not honest, it can result in complications which include legal problems. An example for integrity issues that result in legal matters is if a psychologist tells his or her patient that by telling the truth about anything, it will not be reported. A psychologist has an obligation to report any activities that may result in harm to the patient or someone else such as with child abuse. If the patient admits to child abuse because they assumed they would not get into trouble legally, then the integrity of the psychologist is then compromised. If the psychologist did not report what was said during the session, the psychologist and/or patient can end up getting into legal…
The “no snitching, no stitching” code, also known as the silence code, has resulted in an increase of violence, fear, and insecurity in the community.Before discussing the harm that it does, we must first become acquainted with what that term means. According to the Collins English Dictionary, a snitch means to steal; to turn informer, and the term is also closely linked to a betrayer. According to that same source “stitching” refers to a repairing, usually of clothing. Moreover, Merriam Webster dictionary states that the word “snitch” is of unknown origin and was first used in the year 1875. Although the sources mentioned above offer an official definition of the word, in the inner city communities, a snitch carries a deeper meaning. Some people have become intensely upset to even hear of the term…
There are circumstances where therapists may have to breach confidentiality. In recent years they have seen their ability to protect confidentiality diminish by increased access to information in records, mandated child abuse…
In section B.2.a code of ethics, it states that counselor is required to disclose information about a client, who disclose about harming themselves or others (ACA, 2014). In the state of Florida, Florida Statues Section 394.4615 (3)(a) (2016), states that if a patient states they want to harm a person, a counselor is able to release information to warn that individual who is being threatened of harm by the patient. If i determine if the client is a high risk and is a harm to herself, under the Florida Mental Health Act, as a Mental Health Counselor I would be able to Baker Act my client. Under the Florida Statue Section 394.463 (2)(f)(2014), when a client receives involuntary examination, a client is held up to 72 hours, and the only way the Baker Act can be released is by a physician or…
According to the California Supreme Court ruling involving the Tarasoff’s “duty to warn”, is if a patient reports hurting someone or themselves, the therapist has the obligation to inform the police, their (the patient’s) parents, relatives, or friends. Failing to inform the proper authorities might lead to getting seriously hurt or even killed, which, in the end can result in negative consequences. Highly publicized lawsuits can occur, claiming that the therapist did not follow the Tarasoff’s “duty to warn”. A therapist’s obligations under the law to serve and protect individual’s lives overrules the therapist-client confidentiality by the need to protect the…
Information has been obtained about the client, Wendy, by means of a one on one interview. The client/counselor relationship and trust was established prior to the onset of the dialogue. The client verbalized her consent to take part in the sexual history interview and was advised that at any time she felt uncomfortable the interview would be halted or the subject could be changed. The counselor explained to the client, that the exchange between them was fully confidential and she was in a safe and secure environment to share what she what she felt comfortable to share. The counselor explained that the only occasion in which she would be obligated to break confidentiality was in the event the client expressed a desire to harm herself or others. The client accepted the terms of the interview and the interview detailing her sexual history was obtained.…