Ethics: Chapter 6

Tarasoff Case

A COURT RULING holding that a therapist has a duty to warn an intended victim of a client who poses a serious threat to do harm. (Duty To Warn began)

Jaffee Case

A COURT RULING holding that communications between licensed psychotherapists and their clients are privileged and therefore protected form forced disclosure in cases arising under federal law. The ruling extends therapist-client privilege to a wider range of licensed mental health professionals. Protected from federal law. Client has a right to not say anything.

Bradley Case

A COURT RULING stating that the responsibility of a therapist to not release a dangerous client from a psychiatric facility. (Don't release dangerous clients from psychiatric facility.)

Hedland Case

A COURT RULING that extends the duty to warn to anyone who might be near the intended victim and who might also be in danger. (Duty to Warn) (Duty to Protect : give a warning of peril.)

Jablonski Case

A LEGAL RULING that underscores the duty to commit a dangerous individual. The intended victim's knowledge of a threat does not relieve therapist of the duty to protect. (Negligence and Failure to Commit) (The threat can come from those around them - closer relative.) (Duty to Protect?) (Malpractice)

Privileged Communication

A legal concept that generally bars the disclosure of confidential communications in a legal proceeding. Privilege is the client's right to prevent a mental health professional from revealing confidential communications in a legal proceeding. Client is privileged. A legal concept. The client is privileged in their communication.

Duty to Warn

A mental health professional's RESPONSIBILITY to inform an endangered person when it is believed a client poses a serious danger to an identifiable person. Not paying attention to confidentiality at all.

Duty to Protect

A mental health professional's RESPONSIBILITY to protect clients when it is likely that they might harm themselves; or the duty to protect intended victims from a dangerous client. Duty to protect is your client's confidentiality.

Mandatory Reporting

A procedure designed to encourage report in of any suspected cases of child, elder, and dependent abuse.

Covered Entity

A term used by HIPAA that determines whether a health care provider needs to comply with HIPAA requirements. Term used by HIPAA: used for company telling you if you need to comply with HIPAA requirements.

Confidentiality

An ethical concept, and in most states, the legal and professional duty of therapist to not dickies information about a client. Psychotherapists are prohibited from disclosing confidential communications to any third party, unless mandated or permitted by law to do so.

Privacy

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.

Sexual Abuse

Consists of non-consenual sexual contact of any kind with a child, elderly person, or dependent adult.

Psychological or Emotional Abuse

Involves inflicting anguish, pain, or distress through verbal or nonverbal actions. This kind of abuse might include verbal assaults, insults, threats, intimidation, humiliation, and harassment.

Abandonment

Involves the desertion of an elder person by a person who has assumed responsibility for being a care-giver.

Reportable Abuse

Involves the legal responsibility of a mental health professional to report suspected abuse or neglect of children, the elderly, and other dependent adults.

Physical Abuse

Involves the use of physical force that often results in bodily injury, physical pain, or impairment.

Health Insurance Portability and Accountability Act of 1996 (HIPAA)

Passed by Congress to promote standardization and efficiency in health care industry, HIPAA includes provisions designed to encourage electronic transactions and requires certain new safeguards to protect the security and confidentiality of health information. For health care for the client.

HIPAA Privacy Rule

Requires health plans and other covered entities to establish policies and procedures to protect the confidentiality of health information about their patients. It provides patients with rights concerning how their health information is used and disclosed by health care providers who fall within the domain of HIPAA. How you can use it. Stating what you can / can't do.

Neglect

The failure of caregivers to fulfill their responsibilities to a child, an elderly person, and other dependent adults.

Financial or Material Exploitation

The illegal or improper use of an elder's funds, property, or assets.