Questions and Answers
What is the term for the right of persons to decide what information about themselves will be shared?
What is confidentiality in counseling?
An ethical concept that refers to the counselor's obligation to respect the client's privacy.
Define privileged communication.
A legal concept that protects clients from having confidential communications disclosed in court without their permission.
What does respect for autonomy mean in the context of confidentiality?
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What is the pledge of silence?
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Ethical complaints against counselors rarely involve violations of confidentiality.
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What is discovery in legal terms?
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What are privileged communication statutes?
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Which of the following is NOT one of Wigmore's requirements for a relationship to be privileged under law?
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What was the significance of Jaffre vs. Redmond (1996)?
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The statutory privilege belongs to clients rather than ________.
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Which of the following is NOT an area of exception to confidentiality?
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What does respondeat superior refer to?
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Study Notes
Privacy and Confidentiality Concepts
- Privacy refers to individuals' right to control information about themselves, encompassing the broadest scope of personal information management.
- Confidentiality is an ethical obligation ensuring clients’ private information shared during counseling is protected and disclosed only with consent.
- Privileged communication is a legal protection preventing the disclosure of confidential client-counselor communications in court without the client’s permission.
Ethical Principles
- Respect for autonomy acknowledges clients' rights to determine who has access to their information and under what conditions.
- Respect highlights the importance of honoring human relationships and the secrets inherent in them, particularly in counseling settings.
- The pledge of silence symbolizes the counselor's commitment to maintaining client confidentiality.
Utility and Legal Aspects
- Confidentiality serves societal interests by encouraging clients to seek help, fostering an environment of trust.
- Ethical complaints regarding confidentiality violations comprise a small fraction (1 to 5 percent) of all ethical grievances processed by licensing boards and committees.
- Discovery is a legal procedure that ensures all evidence related to a case is disclosed to both parties before trial.
Legal Privileges and Requirements
- Privileged communication statutes exempt specific exchanges between clients and professionals from general legal evidence rules.
- Wigmore established four criteria for a relationship to qualify for legal privilege, emphasizing the need for confidentiality, essential relationships, community endorsement, and comparative harm from disclosure versus litigation benefit.
- The Jaffre vs. Redmond case (1996) created significant precedent for recognizing counselor-client privilege under federal law.
Asserting Privilege and Exceptions
- The privilege of communication typically resides with clients; counselors are obliged to uphold this privilege unless the client cannot be located or is absent.
- Some legal exceptions to confidentiality in state statutes include:
- Conflicts arising between counselor and client
- Legal proceedings involving a client’s mental health
- Threats to the client or others' safety
- Cases of child abuse or neglect
- Knowledge of criminal intent by the client
- Court-mandated psychological evaluations
- Involuntary hospitalization causes
- Victims of crimes
- Harm to vulnerable adults
Employer Responsibility
- Respondeat superior establishes that employers may be held liable for breaches of confidentiality committed by their employees.
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Description
Dive into the key concepts of Chapter 5, focusing on confidentiality and privileged communication. These flashcards will help you grasp the basics of privacy, confidentiality, and the ethical obligations of counselors. Perfect for quick review or exam preparation.
