Introduction
Andre Brown’s case scenario centers on a receptionist’s confidentiality violation that endangers a client’s autonomy and well-being. This review examines the ethical, legal, professional, clinical, and technological aspects of the situation, focusing on 2014 ACA Code of Ethics, Virginia state legislation, and HIPAA rules. This study examines the challenge using ethical principles, state statutes, and federal mental health legislation, stressing autonomy, beneficence, nonmaleficence, and fidelity (Smart, 2018). To resolve the confidentiality breach and avoid future incidents, ACA Code of Ethics-compliant solutions are proposed.
Identify the Problem
Andre Brown’s “The Helpful Receptionist” centers on a staff worker accidentally violating a lady client’s anonymity. In order to assist, the receptionist tells the client’s spouse that she is seeing the counselor. This violation of confidentially makes the client worry that seeking treatment would compromise her child custody. Closer inspection reveals the problem’s ethical, legal, professional, clinical, and technical aspects (Alves, 2022). Ethically, violating confidentiality breaches counselor-client confidence. The situation violates B.1.c of 2014 ACA Code of Ethics, Virginia state code provisions, and HIPAA requirements. The episode lowers the counselor’s reputation. Clinically, the client’s worry of losing custody shows the breach’s potential impact (Andrews & Tham, 2021). A receptionist may share critical information without permission due to technology.
Apply the ACA Code of Ethics
Two 2014 ACA Code of Ethics rules are necessary for solving the challenges. The first standard, B.1.c, promotes client confidentiality. This guideline requires counselors to get client consent before disclosing sensitive information. The receptionist’s actions violate this criterion. The second requirement, C.3.c, requires counselors to correct misinformation regarding counseling. The counselor must rectify any misunderstanding about how therapy may affect the client’s child custody in this case (Smart, 2018). Thus, the counselor promotes beneficence and nonmaleficence.
The counselor is morally required to address the violation of confidentially and dispel any misunderstandings regarding counseling’s influence on custody. This includes making sure the client knows the ramifications of therapy and removing any stigma. The situation also requires compliance with Virginia state legislation (32.1-127.1:03) and counseling standards (18 VAC 115-20-130.b.5). HIPAA infractions highlight the need for further training to avoid future breaches.
Applicable State Codes/Laws and Federal Mental Health Laws
The situation would be subject to Virginia’s mental health licensing regulations and practice acts’ ethical rules. Mental health confidentiality is protected under Virginia state statute 32.1-127.1:03. The privacy of mental health patients is stressed in this code (Andrews & Tham, 2021). Without permission, the receptionist disclosed the client’s treatment attendance to her husband, violating this state legislation and breaching confidentiality.
In Virginia, 18 VAC 115-20-130.b.5 governs counselors’ professional conduct. It is important for counselors to protect client confidentiality to build trust and good therapeutic partnerships, hence this rule stresses it. The receptionist violated ethical and state-specific professional standards, necessitating remedial action. HIPAA offers a comprehensive federal framework for protecting protected health information. HIPAA prohibits illegal disclosure of sensitive health information, such as the receptionist’s revelation of the client’s treatment attendance to her husband (Forester-Miller & Davis,2021). HIPAA knowledge is essential for mental health professionals and staff to avoid breaches and protect client privacy.
A well acknowledged collection of ethical rules for mental health workers, ACA Code of Ethics, also helps handle the ethical implications of this case. Under Standard B.1.c of the 2014 ACA Code of Ethics, client approval is required before sharing sensitive information. Our receptionist’s breach of this ethical norm emphasizes the need of following these principles to maintain therapeutic confidentiality and trust. ACA Code of Ethics Standard C.3.c requires counselors to rectify counseling falsehoods. In this case, the counselor must clarify the receptionist’s disclosure to ensure the client understands therapy’s effects on child custody (Alves, 2022). In accordance with beneficence and nonmaleficence, the counselor must enhance the client’s well-being and alleviate any damage from confidentiality breaches.
Determine the Nature and Dimensions of Dilemma
In this case, ACA moral values of autonomy, beneficence, nonmaleficence, and faithfulness apply. Since the receptionist violated the client’s right to control therapeutic information without her permission, it violates autonomy (Smart, 2018). According to the client’s fear of losing custody, the revelation may impair beneficence and nonmaleficence. The receptionist breaks the counselor-client confidence and professional connection, compromising faithfulness.
While all these ideas are essential, prioritizing them is key. Since the breach directly affects the client’s ability to govern her personal information, autonomy is a top priority. Respecting client autonomy is essential to ethical counseling. Therefore, rectifying the confidentiality breach is crucial, in line with ACA Code of Ethics, especially norm B.1.c, which stresses client authorization before sharing sensitive information.
Experienced professional counselors who follow ACA Code of Ethics would help me resolve this ethical issue. Supervisors or peers with extensive confidentiality experience might provide advice on how to handle the problem (Forester-Miller & Davis,2021). Consult state and national professional counseling organizations like ACA or state licensing boards for more information and assistance. These organizations provide ethical advice and tools to assist counselors handle challenging ethical concerns and maintain professional standards.
Generate Potential course of action
First, I would recognize the seriousness of the confidentiality violation and work quickly to fix it. I would meet with the client privately to apologize and explain the transgression and its implications on child custody. ACA Code of Ethics, especially Standard B.1.c, stresses client permission before revealing sensitive information (Forester-Miller & Davis,2021). By immediately addressing the problem with the client, I try to preserve autonomy and beneficence and respect her rights and well-being.
I would also evaluate the situation internally and teach the receptionist to avoid future violations. The realization that technology might cause accidental disclosures supports this measure. I try to prevent similar events by raising staff understanding of confidentiality’s ethical and legal requirements (Andrews & Tham, 2021). This strategy emphasizes continual education to maintain a high level of care and preserve client privacy, as per ACA Code of Ethics, professional standards, and HIPAA criteria.
Conclusion
The ethical dilemma in the scenario highlights the need of emphasizing client liberty and well-being. According to ACA Code of Ethics and state and federal legislation, confidentiality breaches require immediate action. This method tries to correct the infringement, apologize to the client, and teach staff to respect professional standards and protect the trust and secrecy necessary for successful therapy. To maintain the highest ethical standards in mental health practice, practitioners must be attentive, educate personnel, and use counseling organization resources.
References
Alves, J. (2022). Calling a code: Nursing students’ application of the code of ethics to nursing practice. Proceedings of the 2022 AERA Annual Meeting. https://doi.org/10.3102/1899337
Andrews, D. C., & Tham, J. C. (2021). Communicating Ethically and Professionally. Designing Technical and Professional Communication, 34-50. https://doi.org/10.4324/9781003093763-4
Forester-Miller, H & Davis,T. (2021). Practitioner’s Guide to Ethical Decision-Making. American Counselling Association
Smart, J. (2018). Ethical considerations and general practice guidelines. Disability Definitions, Diagnoses, and Practice Implications, 163-198. https://doi.org/10.4324/9781315276694-6
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