Chapter 6: Confidentiality: Ethical and Legal Issues

When assessing severely depressed clients for suicidal risk, helping professionals should:

identify client risk factors, warning signs, and protective factors that can work to mitigate the risk.

Most professional organizations permit exceptions to client confidentiality in situations where _____.

the therapist becomes aware of a serious and foreseeable danger to an individual

Which of the following is true with regard to the duty to protect in cases pertaining to HIV status?

In some states, therapists can lose their license to practice if they breach confidentiality by warning others about a client's HIV status.

Joe's wife expressed fear that her abusive husband would eventually kill her. Joe agreed to a psychiatric evaluation and it was determined that he wasn't dangerous. Joe beat his wife again and was brought back to the therapist for another evaluation. Joe was released after a brief interview and promptly went home and killed his wife. Joe's therapist is liable for malpractice according to which of the following court rulings?

Jablonski v. United States

In 1996, the United States Supreme Court ruled that communications between licensed psychotherapists and their clients in the course of diagnosis or treatment are privileged and are therefore protected from forced disclosure in cases arising under federal law. This case was referred to as:

Jaffee v. Redmond.

Which of the following statements is true regarding telephone-delivered treatment?

Mental health practitioners must exercise caution in discussing confidential or privileged information with anyone over the telephone.

________________ is a(n) __________ concept that generally bars the disclosure of confidential communications in a legal proceeding.

Privileged communication; legal

Which of the following statements is true if a psychiatrist works in both a hospital subject to HIPAA regulations and in a private practice that does not utilize electronic transactions?

The psychiatrist's practice would be subject to HIPAA regulations for patients seen at the hospital, but not for private practice patients.

All states now require mental health professionals and school personnel to report incidents of child abuse or suspected child abuse.

True

HIPAA was passed by Congress to promote standardization and efficiency in the health care industry and to give patients more rights and control over their health information.

True

If a counselor determines that a client is at risk for suicide, he or she should take the least intrusive steps necessary to prevent suicide.

True

In working with clients who are at risk of suicide, it is important to document the client's mental status, your ongoing risk assessments, and your treatment plan decisions in the client's record.

True

The meaning of confidentiality may be interpreted in different ways depending on the client's culture.

True

To safeguard privacy and security when using email, therapists should:

a. All of the other choices are correct!!!!!!! b. not email clients on a public computer. c. consider including a confidentiality disclaimer notice stating that the information in the email is confidential and should not be shared with others without authorization from the sender. d. remember that anything sent via email to clients ultimately ends up in their possession and may be shared with third parties at their discretion.

If a practitioner is a licensed psychologist, the legal concept of privileged communication applies to:

a. None of the other choices is correct!!!!!! b. couples therapy. c. family therapy. d. group therapy.

Which of the following constitutes elder abuse?

a. abandonment b. financial exploitation c. sexual abuse d. All of the other choices are correct!!!!! e. physical abuse

Which of the following strategies is recommended as a way to reduce the likelihood of a breach of confidentiality when using telecommunication devices with clients?

a. data encryption b. use of a firewall c. password protection d. All of the other choices are correct!!!!!

Practitioners are generally NOT legally liable for:

a. failing to commit dangerous individuals. b. failing to render perfect predictions of the violent behavior of a client!!!!!!! c. failing to warn potential victims of violent behavior. d. prematurely discharging dangerous clients from a hospital

At a minimum, a safety plan should include which of the following?

a. identification of warning signs b. internal coping skills c. people, professionals, and agencies to ask for help d. All of the other choices should be included!!!!!!

Jolene lives and practices counseling in a small community where the likelihood of running into clients at the grocery store and other local businesses is high. As an ethical practitioner, Jolene should:

be proactive and discuss how clients would like her to handle chance encounters outside of therapy.