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Protect confidentiality Psychologists are often asked to…
Protect confidentiality
Psychologists are often asked to provide information about their clients to employers, spouses, school administrators, insurance companies and others. While such requests may be well-intentioned, psychologists need to carefully balance the disclosure with their ethical obligations to protect their patients’ confidentiality.
Indeed, because the public puts their trust in psychologists’ promises of confidentiality, it’s essential for psychologists to be clear on whether and why they are releasing information.
“Ask yourself, ‘On what basis am I making this disclosure?'” advises Behnke. “Is there a law that mandates the disclosure? Is there a law that permits me to disclose? Has my client consented to the disclosure?'”
APA’s 2002 Ethics Code stipulates that psychologists may only disclose the minimum information necessary to provide needed services, obtain appropriate consultations, protect the client, psychologist or others from harm, or obtain payment for services from a client.
To help prevent confidentiality problems, psychologists can:
Discuss the limits of confidentiality, including their uses of electronic transmission and the foreseeable uses of confidential information, as soon as possible.
Ensure the safe storage of confidential records. At the outset, notify people what will be done with case materials, photos and audio and video recordings, and secure their consent. Also, make sure rooms where confidential conversations occur are soundproof.
Know federal and state law. Know the ins and outs of your state’s laws that relate to your practice. And keep in mind how the recently implemented Health Insurance Portability and Accountability Act affects your practice (see HIPAA).
Obey mandatory reporting laws. Even if a psychologist believes that reporting abuse could make the situation even worse, “these laws are mandatory reporting laws, not discretionary reporting laws,” says lawyer Mathew D. Cohen, who specializes in representing human-service providers. Mandatory reporting laws were not created to have clinicians decide whether abuse or neglect is happening, says Cohen, but to have them bring the facts to the attention of authorities, who will decide.
Example: “If you wait and nothing bad happens, you’ve still violated the law,” he says. “[But] if you wait and something bad happens, not only have you violated the law, but you have injured a potential victim who could have been protected.”
With the example above, provide the following:
Which professional ethical code would you choose to consult for support to avoid this ethical pitfall?
What is the single most important principle from the ethical pitfall that you chose that should be considered in this case? Underline your selected principle.
If choosing the ACA, AACC, or APA, identify one relevant standard that applies in this case.
In the state of California, what law exists that would be important to know regarding this pitfall?
Reflect upon how your personal and professional history influences your choice of an ethical code. (Why is this important to you?)
PLEASE USE THE WEBSITES BELOW TO ANSWER EACH QUESTION
https://www.counseling.org/Resources/aca-code-of-ethics.pdf ACA
https://iaapsy.org/site/assets/files/1057/ethical_principles_for_psychologists.pdf UNIVERSAL ETHICAL PRINCIPLES
https://www.aacc.net/wp-content/uploads/2017/10/AACC-Code-of-Ethics-Master-Document.pdf AAC
https://www.apa.org/ethics/code APA Ethical Principles of Psychologists and Code of Conduct
https://www.psychology.ca.gov/laws_regs/2020lawsregs.pdf – California Board of Psychology Laws and Regulation
