Presentation Ethics Dilemma
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Liberty University *
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501
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Philosophy
Date
Feb 20, 2024
Type
pptx
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14
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Ethical Dilemma Presentation
Alice Churchwell
Presentation link:
Kaltura Capture recording - December 13th 2023, 12:37:19 pm - Liberty Univ
ersity
A “helpful receptionist” breaks the ethical code.
A client’s identity was revealed through a receptionist, and even though the receptionist did not state the client’s name, the client’s identity and involvement at the counseling facility were confirmed. ACA Code of Ethics (2014) B.1.c. Respect for Confidentiality
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Identify the Problem
•
Main Problem: Breach of Confidentiality - ethical
•
Secondary: Ethical violations could become legal. •
Ethical Problem: Confidentiality. •
Ethical Problem: Do no harm.
•
Legal Problem: Unprofessional/Unethical Practices •
The receptionist violated the ethical codes by revealing the client’s identity to the husband via confirming her appointment. The client and husband are in the process of divorce. Information could be used negatively within court proceedings.
ACA Standards & State Codes
•
ACA Standards
: Nonmaleficence: avoiding actions that cause harm •
ACA Code of Ethics
: •
(A) The Counseling Relationship:
•
A.1.a client welfare as the primary responsibility
•
(B) Confidentiality & Privacy:
•
B.4.b. “Couples and Family Counseling” of the ACA Code of Ethics (2014) speaks to the role of the “client” and states there must be an agreement and a document in writing with the involved parties that states the agreed-upon parameters.
•
B.1.c. -
respect for confidentiality; can only be released with appropriate consent or via ethical/legal justification
ACA Standards and State Codes - cont’d
•
Tennessee Code Title 33, Mental Health, and Substance Abuse and Intellectual and Developmental Disabilities (2021) states that adults with mental health needs may express preferences and instructions concerning their participation
in mental health treatment. The client may also consent or refuse those mental health services and any other instructions or information the client wishes to provide to the service providers.
•
TN Rules & Regulations
: 2(a) - Facilitate human development and adjustment throughout the lifespan
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Nature & Dimensions
•
Moral principles
: Absolute: Honesty. (Daniel, D., 2020)
•
Recent literature
: •
“Given the high degree of sensitive personal information shared by users of clinical psychology services, it is, therefore, essential that clinicians are able to practice ethically.” Wainwright, Solomons, Camden, Ellis-Caird (2020)
•
. “The ethics codes, more than any other definitional component of a profession, define and contextualize this relationship for the helping professions,” Burkholder, D., & Burkholder, J. (2014). •
Burns (2020) finds that “even when using the code of ethics as a model for ethical decision-making, both students and counselors were not impacted when it came time to cross boundaries.” •
8% formal complaints confidentiality (Remley & Herlihy, 2020)
Experienced professionals
: Clinical Supervisor Caroline Scantland, Director, Anastasia Schinbeckler, and Brittany Collins, LPC with Health Connect America. Professional Organizations
: TLPA, the Tennessee Licensed Professional Counselors Association, and Tennessee American Mental Health Counselors
Potential Courses of Action
•
Choice: Act responsibly; follow ACA obligations
•
Choice: Investigate and gather evidence (receptionist/client)
•
Choice: Client & Counselor contact spouse
•
Counselor notifies client in writing
•
Attempt to resolve informally
•
Notify TLPA
Potential Consequences
•
Counselors must act professionally and ethically:
Code of Ethics – admit breach = client control
Notify in writing – may give the impression of filing a grievance.
Resolve informally – can professional relationships be rebuilt?
Legal Action: compliance (investigation)
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Action Chosen
•
Accept responsibility
•
Admit breech/notify in writing
•
Resolve informally – discussion.
•
Educate the receptionist.
Evaluate Course of Action
•
New ethical considerations – TBD by client
•
Justice obsession syndrome Remley & Herlihy (2020)
•
Justice: the sense of fairness?
•
Publicity: want reported?
•
Universality: recommend this course of action?
Implement course of action:
•
Speak with the receptionist. Take responsibility. Make sure she has been appropriately educated for future knowledge. •
Speak with the client. Present in writing. •
Collaborate if possible. (apologies)
•
Repair trust and professional relationships (time needed).
•
Respect client wishes.
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References:
•
American Counseling Association. (2014). 2014 ACA code of ethics. Retrieved from https://www.counseling.org/docs/default-source/ethics/2014-code-of-
ethics.pdf?sfvrsn=2d58522c_4
•
Burkholder, D., & Burkholder, J. (2014). Reasons for Ethical Misconduct of Counseling Students: What do
Faculty Think?
Journal of Counselor Preparation and Supervision, 6
(2) https://doi.org/10.7729/52.1063
•
Burns, S., Piro, J. (2020) Impact of ethical information resources on counselor education students,
Cogent Education
, 7:1, DOI:
10.1080/2331186X.2020.1757182
•
Daniel, D. (2020).
Counseling Principles & Christian Beliefs: An Integrated Approach
. Kendall Hunt.
ISBN: 9781792411304
References
•
Forester-Miller, H., & Davis, T. E. (2016). Practitioner’s guide to ethical decision making (Rev. ed.). Retrieved
http://www.counseling.org/docs/default-source/ethics/
practioner’s
-guide-to ethical-decision-making.pdf
•
Liberty University Custom: Remley, T. P., & Herlihy, B. P. (2020).
Ethical, legal, and professional issues in counseling (Custom 6
th
ed.)
. Pearson
•
Wainwright, G., Solomons W, Camden J, Ellis-Caird H. (2020). 15(4) 213-224. How do clinical psychologists make ethical decisions? A systematic review of empirical research. Clinical Ethics
. doi:
10.1177/1477750920927165