Informed Consent In Counseling

Clients have the right to confidentiality. Counselors cannot share information about clients without shared consent. Counselors throughout treatment process must inform clients when confidentiality can be breached (Mears, G., 2010). If a counselors foresee that a client is a danger to himself or others confidentiality must be broken.

As a counselor, the clients that come to receive services will generally be experiencing a tough time in in their lives. The intent of a counselor should be to see them through this time and help them overcome the hardship. A majority of the information they share will be not only be expected, but required to stay confidential. Summers (2014), informs her readers that “confidentiality is both an ethical principle and a legal right” (p. 47). Many individuals feel a sense of comfort knowing that the information they share with counselors will remain between them. Without this, many clients would potentially not feel comfortable enough to share some of the intense personal feelings or experiences they are dealing with.

According to the ethical and legal principles of the counseling profession, it is our morally professional responsibility to break confidentiality in order to eliminate the possibilities of chaos, to the best of our ability. The American Counseling Association (ACA) code of ethics explains adherence to confidentiality in a number of instances. In standard A.2.e., Mandated Clients, it describes the requirements for informing mandated clients of the limitations to confidentiality and, should an issue arise, to whom the revealed information must be shared with. This rule applies to all clients. The counselor’s responsibility to do so must be conveyed to the clients at the very beginning of the counseling relationship, with periodic reminders throughout sessions, and include the dangers involved if the client refuses to participate in the mandated sessions. ACA code of ethics further explains in standard B.1.c., Respect for Confidentiality, that counselors are to guard “confidential information” and “disclose” this “information only with appropriate consent or with sound legal or ethical jurisdiction.” Therapists must also “identify situations” where breaches can void or challenge confidentiality (ACA, 2014, B.1.d., p. 7).

Professional counselors deal with many legal and ethical issues in the course of treating clients. Some of the issues they may come across include dual relationships, boundaries, bartering, sexual relationships, gift giving, touching a client, and how to begin or end treatment. Some of these issues may seem straightforward in theory, but they can become complicated in practice. In these cases, if possible, a counselor should seek consultation before making any decisions. Ethical dilemmas are an area where professional counselors should continually receive consultation and ongoing education. This paper provides a summary of how a video presentation, the ACA Code of Ethics, and Maryland’s board regulations for professional counselors handle dual relationships, boundaries, gift giving, touch, and beginning and ending treatment. The paper will go on to discuss my reaction to these issues. Finally, I will discuss how I plan to apply what I have learned to my own counseling practice.

The nature of therapist-client relationship and understanding the therapist’s role is vital in making sure that the client’s rights are not jeopardized. The client must be willing to trust the therapist. The therapist can earn the trust of the client will confidentiality guidelines that are established by requiring informed consent. The therapist-client relationship is based on counseling approach as well as relationship with the client. The therapist’s role is to understand the client’s needs, help them get their needs met mentally, and to develop the proper plan that fits the client’s needs. The therapist must fully

The Doctor and Patient relationship aspect of Medicine has changed drastically in the last twenty years. It has evolved from paternalism (the doctor makes the decision for the patient) to shared decision making where the patient is considered an equal partner in his/her own health related decisions. Informed consent is the cornerstone for this view. When a patient or a research subject makes an autonomous decision after understanding, the risks and benefits involved with the decision is Informed consent. Complete Informed consent covers the following components: competency, disclosure, comprehension and voluntary. Competency refers to the requirement for the individual to be of legal age and be mentally competent to understand the process.

Counselors need to be guided by the ethical standards set forth by the American Counseling Association’s Code of Ethics. These standards define ethical conduct in the counseling profession, and provide guidance for maintaining professionalism in any situation. I have become familiar with many of the sections included in the ACA Code of Ethics from the research and assignments completed in this class. Garnering an awareness of the ACA Code of Ethics as it pertains to informed consent, confidentiality, professional responsibility, and resolving ethical issues, has given me confidence to discuss and evaluate the legal issues and ethical obligations associated with this profession. The section regarding professional responsibility of this document resonated with me the most, and elicited a feeling of confidence about counseling ethics and law, that was not present before this class. Professional responsibility sets the tone for everything else we do. As counselors, we must be guided by professionalism and high standards. Standard C.1 of the ACA Code of Ethics (2014) states that counselors have a responsibility to read, understand, and follow the ACA Code of Ethics, and abide by all applicable laws and regulations. While there are a plethora of legal and ethical issues that may arise for professional counselors throughout their careers, I feel that this class has given me a broad overview of how to be proactive and use appropriate decision-making tools to work

This Paper focuses on the relationship between informed consent and the requirements of human service workers in the State of Washington. Informed consent is a legal procedure to ensure that a patient, client, and research participants are aware of all the potential risks and costs involved in a treatment or procedure. The elements of informed consent include informing the client of the nature of the treatment, possible alternative treatments, and the potential risks and benefits of the treatment ("Psychology About.com", 2014).

There are several ethical dilemmas that the mental health professionals that are working as a team will face including “ensuring that the client has given informed consent, maintaining client confidentiality, and involving professionals, paraprofessionals, and family in appropriate coordinated processes that benefit the client” (Paproski & Haverkamp, 2000, p.96).

The two ethical violations exhibited by the worker in this case are; informed consent and competence.

There are numerous ethical issues a counselor must confront during their work; dual relationships and confidentiality being two of them and are going to be discussed here. Both are important to both the client and the profession, as they set the expectations for how counselors are to act professionally (Miller, 2015). Ethical principles “direct the moral and value-based decisions that affect the counseling process” (p. 557). Without them, the profession lacks these moral and value-based directives and the ship that is “addiction counseling” has no rudder. It is directionless and adrift.

This is also stated in subsection 1-421 of the AACC code of ethics (AACC Law and Ethics Committee, 2004, p 12). However, the ACA guidelines with regards to this area are more comprehensive and clearly stated than the AACC guidelines. Section B of the ACA code of ethics provides guidelines on how a counselor can maintain client confidentiality in various circumstances such as incapacity of client, when treatment calls for services with others and even in consulting other counselors (American Counseling Association, 2005, p 7-9). On the other hand, the guidelines of the AACC are more limited in scope as can be seen in Section ES1-400 (AACC Law and Ethics Committee, 2004, p 11-13).

The client has every right to choose whether or not they receive the treatment that they are recommended by a counselor. By providing the client with any information that can contribute to them making an informed decision on their treatment plan, we can be sure that we have

People make many decisions daily and although it might not seem like it, there are several factors that are accounted for before a decision is made. Consequence, responses and how we will be perceived are just a few factors that might come into play when making a decision. One factor that everyone considers even though they might not know it is whether a decision was ethical. Ethics are moral principles in which decision are based upon and most people usually abide by similar ethics. However, there can be conflicting opinions on whether a decision was ethical or not.

There are many ethical issues that can arise during counseling. One issue that is fairly common is sexual attraction from patient to counselor, counselor to patient, or even in both directions. Even though an attraction may exist, this does not necessarily mean that these instincts will be followed in any inappropriate way. In fact attraction is a natural part of life and is impossible to avoid. However, any fulfillment of these desires is an unethical act that could not only be in violation of the code of ethics that a counselor is bound by, but it could also subject the counselor and their organization to litigation and legal action.