One might argue that taking a(n) _____________________perspective not only raises practitioners’ anxiety but encourages them to focus on avoiding risks to themselves rather than focusing on their ethical obligations and the potential risks to clients.
James is in court facing drug-related charges and his therapist was subpoenaed to testify in court regarding any discriminating evidence concerning the case. His therapist came to court but refused to answer questions regarding the case or produce James's records. The therapist used the following legal concept to protect himself from forced disclosure:
taking the 5th amendment.
__________ , as a matter of law, refers to the constitutional right of an individual to decide the time, place, manner, and extent of sharing oneself with others.
It is illegal and unethical for a therapist to disclose confidential information when:
the client consents to disclosure.
there is a duty to warn or to protect third parties.
an emergency exists.
an employer requests disclosure to determine the mental status of an employee without their consent.
there is a need to obtain appropriate consultations.
Ethical guidelines regarding confidentiality require that counselors do not:
allow clerical assistants to handle confidential information.
use client records to consult with experts or peers.
use client case studies to teach or write books even when their clients' identities are disguised.
disclose client information unless there is clear and imminent danger to the client or others or when legal requirements demand that confidential information be revealed.
Susan is quite distressed after finding out that her husband has been unfaithful and tells her counselor that she is so angry that she feels like killing him. Upon hearing this, the counselor needs to:
question Susan to determine whether she is serious about doing physical harm to her husband.
warn the husband that he is in potential danger.
commit Susan to a hospital until she can overcome her anger.
threaten to terminate services with Susan if she continues to talk about killing her husband.
The California court's ruling that requires that therapists breach confidentiality in cases where the general welfare and safety of others is involved is a result of the:
The law is:
synonymous with "ethics."
both a and c.
_________________ in a Supreme Court decision ruled that communications between licensed psychotherapists and their clients are privileged and therefore protected from forced disclosure in cases arising under federal law.
Bradley Center v. Wessner
Jablonski v. United States
Jaffee v. Redmond
Hedlund v. Superior Court
Jolene tells her counselor that she is depressed about the break-up of her relationship and "just wishes she could go to sleep and never wake up." In this case, the counselor needs to:
immediately commit Jolene to a psychiatric facility.
assess if Jolene is suicidal and intervene if necessary.
recognize that her statement is only a "cry for help" and should not be taken seriously.
see if there is any chance for reconciliation.
The following would be an ineffective way of managing a client's suicidal ideation:
Attempt to secure a promise from the client that he or she will not try to commit suicide.
Immediately hospitalize the client.
Be willing to communicate your caring without setting limits.
Recognize the limits of your competence and know when and how to refer.
Two processes that offer safeguards against malpractice liability in suicidal cases are:
consultation and documentation.
assessment and orientation.
individual therapy and group therapy.
diagnosis and informed consent.
Schools that receive federal funding are generally bound by the provisions of the
Health Insurance Portability and Accountability Act.
Family Educational Rights and Privacy Act
H1N1 Prevention Act
None of the choices
According to the Tarasoff decision, the therapist does not:
need to accurately diagnose the client's tendency to behave in dangerous ways towards others before notifying authorities.
have a duty to warn the next of kin of suicidal patients.
have the right to break confidentiality even if the client is a threat to self or others.
need to be concerned about liability after notifying authorities of their client’s threat to harm self or others.
Privileged communication does not apply in cases of:
clients' disclosures of personal and sensitive information.
child abuse and neglect.
unfaithfulness in one or both partners in couple's therapy.
legal proceedings where the therapist is asked to produce a client's records in court.
An African-American woman was interacting with her child in a domestic abuse shelter where she is over-heard to say to her child "Keep touching that and I'm going to whoop you." The social worker that heard this statement should:
immediately report the mother to Child Protective Services.
tell the mother that she will be evicted from the shelter if she continues to talk to her child that way.
recognize that what constitutes abuse in one culture may not be viewed as abuse in another culture and not reportable until it is determined that the child is in danger.
remove the child from the mother's care until the mother can learn how to talk to her child with respect.
A single father reports that he had too much to drink and harshly spanked his three-year old son when he wouldn't stop screaming. The father feels terrible about the incident and asks his counselor to get some help for him so that it will never happen again. Acting on the highest level of ethical functioning, the counselor would:
place the child in foster care until the father can learn to deal more constructively with his anger.
consult with a colleague about referring her client to a treatment center.
examine all the factors and special circumstances of this case before acting.
immediately report the incident to Child Protection Services in order to protect the child.
A counselor working in an AIDS-related case:
has a legal duty to warn according to the Tarasoff decision.
is obliged to protect all third parties of the threat of HIV transmission according to ethical codes.
must report the case to the Department of Public Health.
has few legal guidelines to help determine when or how to inform a potential victim of the threat of HIV transmission.
_____________________________, which is rooted in a client’s______________, is at the core of effective therapy.
The verbal exchange method; right to express himself or herself
Confidentiality; right to privacy
Latent material; unconscious
Uncovering trauma; repressed memories
In the case of disclosing confidential information when working with an HIV-positive client, several writers state that the therapist has a duty to protect when the following condition exists:
the client is engaging in safe-sex with a committed partner.
clear and imminent danger must exist.
all potential victims must be warned, even if there have been multiple sexual partners over the years.
all persons who have exchanged needles with the client must be found and warned of possible danger.
Laws regarding confidentiality in school counseling:
are exactly the same as laws regarding confidentiality in private practice settings.
require counselors to make their personal records available and disclose the substance of confidential counseling sessions to parents.
a and b
None of the choices
Which of the following is not identified in the text as a guideline for counselors using the telephone?
Do not acknowledge that clients are receiving services.
Verify that you are actually talking to the intended person when you make or receive calls in which confidential information will be discussed.
After addressing guideline B and ensuring absolute privacy, counselors may speak to their clients as freely as they desire without fear that their conversations will be used in legal proceedings.
None of the choices
0 out of 4 points
In Chapter 6, a six-step ethical practice model for protecting confidentiality rights that places legal mandates in an ethical context is presented. The six steps include all except
Tell clients the truth “up front.”
Obtain truly informed consent before making a disclosure.
Have your attorney respond to legal requests for disclosure.
Avoid the “avoidable” breaches of confidentiality.
The major type(s) of elder abuse is/are:
financial or material exploitation.
All of the choices
In ________________________ the court expanded the practitioner’s duty to warn those in danger to include the circumstance in which a family member communicates to a mental health practitioner a belief that the client poses a risk of grave bodily injury to another person.
Tarasoff v. Board of Regents of the University of California
Jaffee v. Redmond
Ewing v. Goldstein
Petersen v. McDonald