Question 1

If it is suspected that danger or harm may occur to the client or to others as a result of a client's behavior,the human service professional acts in an appropriate and professional manner to protect the safety of those individuals.This may involve,but is not limited to,seeking consultation,supervision,and/or breaking the confidentiality of the relationship.

Accepted Answer

C

Question 2

Two processes that offer safeguards against malpractice liability in suicidal cases are:

Accepted Answer

Consultation with colleagues can provide a second opinion or additional insights into a patient's care, which can help in making more informed decisions and thus safeguard against malpractice. Documentation is crucial as it provides a record of all interactions, assessments, and decisions made regarding a patient's care, which is essential in the event of a legal challenge.

Question 3

_______________ 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.

Accepted Answer

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) was specifically designed to promote standardization and efficiency in the health care industry while also providing patients with greater rights and control over their health information.

Question 4

The California court's ruling that requires therapists to breach confidentiality in cases where the general welfare and safety of others is involved is a result of the:

Accepted Answer

The Tarasoff decision is the ruling that requires therapists to breach confidentiality in cases where the general welfare and safety of others is involved. This decision established the duty to warn potential victims of harm.

Question 5

Most counseling centers and community mental health agencies now have guidelines regarding the duty to warn and protect when the welfare of others is at stake.These guidelines generally specify how to deal with:

Accepted Answer

These guidelines are specifically designed to address situations where there is a potential risk to the welfare of others, such as when dealing with emotionally disturbed individuals who exhibit violent behavior, make threats, or show suicidal tendencies. In such cases, counselors may need to breach confidentiality to protect the individual or others, which is both a legal and ethical requirement.

Question 6

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' records.The therapist used the following legal concept to protect himself from forced disclosure:

Accepted Answer

Privileged communication is a legal concept that protects certain communications between a professional, like a therapist, and their client from being disclosed in court without the consent of the client. This is why the therapist refused to testify or produce records.

Question 7

Which of the following would be an ineffective way of managing a client's suicidal ideation?

Accepted Answer

Communicating caring without setting limits can be ineffective because it may not provide the client with the necessary structure and boundaries needed to ensure their safety. It is important to set clear limits and guidelines when managing suicidal ideation.

Question 8

Privileged communication does NOT apply in cases of:

Accepted Answer

Privileged communication does not apply in cases of child abuse and neglect because therapists are mandated reporters and are legally required to report such cases to the authorities.

Question 9

It is illegal and unethical for a therapist to disclose confidential information when:

Accepted Answer

Therapists are bound by confidentiality and can only disclose information with the client's consent, in emergencies, or when there is a duty to warn or protect others. Disclosing information to an employer without the client's consent violates confidentiality principles.

Question 10

All of the following pose a number of potential ethical problems with regard to protecting client privacy EXCEPT:

Accepted Answer

Face-to-face interaction poses the least potential ethical problems regarding protecting client privacy compared to telephone, answering machine, voicemail, fax, and email, as it is less susceptible to unintended breaches of confidentiality.

Question 11

Susan is quite distressed after finding out her husband has been unfaithful.She tells her counselor that she is so angry that she feels like killing him.Upon hearing this,the counselor needs to:

Accepted Answer

The counselor should assess the seriousness of Susan's statement to determine if there is a genuine threat to her husband's safety. This involves understanding her intentions, plans, and the context of her statement.

Question 12

A counselor working in an AIDS-related case:

Accepted Answer

The legal guidelines for informing potential victims of HIV transmission are not as clearly defined as those for other threats, such as those covered by the Tarasoff decision, which involves a duty to warn of imminent harm.

Question 13

Schools that receive federal funding are generally bound by the provisions of the:

Accepted Answer

Schools that receive federal funding are generally bound by the provisions of the Family Educational Rights and Privacy Act of 1994 (FERPA), which protects the privacy of student education records.

Question 14

Ethical guidelines regarding confidentiality require that counselors do NOT:

Accepted Answer

Disclosure of client information is only permissible in cases of clear and imminent danger to the client or others, or when legal requirements demand it.

Question 15

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.

Accepted Answer

Jaffee v. Redmond is the Supreme Court decision that established the psychotherapist-patient privilege in federal cases, recognizing confidential communications between a licensed psychotherapist and their clients as protected from forced disclosure.

Question 16

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:

Accepted Answer

The therapist has a duty to protect others when there is a clear and imminent danger, such as when a client is knowingly engaging in behaviors that could transmit HIV to others without informing them of the risk. This principle is based on the duty to warn and protect third parties in situations where they may be at significant risk of harm.

Question 17

An African-American woman was interacting with her child in a domestic abuse shelter when she is over-heard saying to her child,"Keep touching that and I'm going to whoop you." The social worker that heard this statement should:

Accepted Answer

The social worker should recognize cultural differences in parenting styles and not immediately assume abuse unless the child's safety is in danger. Threatening discipline, in this context, does not necessarily indicate abuse without further evidence of harm.

Question 18

The intended victim's knowledge of a threat does NOT relieve therapists of the duty to protect,as can be seen by the decision in:

Accepted Answer

In Jablonski v. United States, the court held that a therapist's duty to protect is not negated by the intended victim's awareness of the threat.

Question 19

As a matter of law,__________ refers to the constitutional right of an individual to be left alone and to control their personal information.

Accepted Answer

Privacy refers to the constitutional right of an individual to be left alone and to control their personal information, distinguishing it from concepts like confidentiality, which pertains to the obligation to protect someone else's information from being disclosed.

Question 20

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:

Accepted Answer

Jolene's statement indicates potential suicidal ideation, which requires the counselor to assess her risk of suicide and intervene as necessary to ensure her safety.

Quiz 6: Confidentiality: Ethical and Legal Issues