Ethical and Professional Issues - Term Paper Example

Ethical and Professional Issues The implications of the Tarasoff vs. Regents of the of California Case on confidentiality Podder who was a student at the University of California, Berkeley, had the intention of revenging against a follow student who he wanted to have an intimate relationship with. Tarasoff had rejected his advances claiming she was involved with someone else. When Podder visited the institution’s health psychologist and confided to the psychologist on his intentions to kill the lady. In turn the medical practitioner reported to the police after, which Podder was convicted but later on released on the accounts that he did not poses danger. However, he later on committed the heinous act and the family sued the learning institution of not warning them of the impeding danger that was awaiting their daughter. The implications of this case lead to the medical practitioners being added tasks such as having the duty to warn in case of a particular threat that may face a particular victim. In addition, they have the obligation to protect the victims from the dangers they are likely to face (Zetler & Bonello, 2012). Difference between clinical supervision, case consultation, and peer consultation According to Morrissey & Reddy (2006), clinical supervision is compulsory for all mental health professionals in the US to ascertain that they meet the requisite requirements of for licensing. One of the major components of clinical evaluation is evaluation which helps in providing support in the professional development in counseling during training and preventing the public from issues of incompetence. An individual under clinical evaluation is obliged legally and ethically to adhere to the directives of the supervisor though the supervision is legally and ethically responsible for the training during counseling and the client as well. On the other hand, on case consultation and peer consultation, once the clinical supervision level is achieved and an individual has obtained a professional license, they are allowed to engage in peer or professional counseling. In case and peer consultation there is no elective component hence the individuals at this stage can chose whether to comply or not comply with directives given by supervisor. Permeability boundary of family counseling Family boundaries determine those aspects that are allowed or not allowed into the family system. These boundaries control the flow of into and out of the system and the permeability differentiates one family from the other. Some family systems are permeable in that there is little or lack thereof of restriction while other are strict to their regulations and rules. Closed families the rules dictate information that may be discussed and those who are privy to the discussion which is quite different from the open system (Morrissey & Reddy, 2006). Confidentiality as a cornerstone to mental health counseling Trust on the confidentiality of patient information is crucial in maintaining the value of the services of mental health. Confidentiality is a component that tries to optimize the likely benefits of from mental health services like counseling as individuals are likely to pursue counseling, give information needed for effective treatment. Moreover, laws pertaining confidentiality are essential in minimizing individual problem, emotional and mental disorder. Confidentiality can also help clients from danger as well as providing protection against problems that emanate from the society such as social stigma and discrimination. In addition, it is an important facet of the ethical requirements in counseling (Carvalho, Reeves, & Orford, 2011). Jimmy’s case Jimmy is a timid little boy with the inability to verbally express himself satisfactorily. His bruises perhaps, are warnings to the intuitive misery that he is unable to express. Linda had inquired about fresh bruises and Jimmy responded by claiming that it was self inflicted. Linda’s action of not contacting the hotline can be debated on several ethical principles. On one hand, the act of Jimmy inflicting pain on him indicates that he is a potential danger to individuals around him. The ethical implications of the case of the Podder and Tarasoff had mandated the issue of directives for medical practitioners in the counseling and psychological departments to ascertain that they provide warning of any impending danger that may emanate from a client. They are also tasked with the responsibility of protecting possible victims of heinous acts against anticipated gender. Had she made the call to the hotline, then the authority may have been highlighted of the dangers Jimmy may pose to the society. However, the ethical principles of counseling also call for the need for patient’s confidentiality. This principle must have made Linda to halt the action of making a call to the named hotline. Trust is an essential component in counseling and thus Linda needs to inculcate that in Jimmy for her to be able to properly dissect what is itching the child. Perhaps, the discloser of Jimmy to the authorities would have further aggravated the problems of the boy since the boy appears to be conservative as illustrated in the literature. Chantel’s case Chantel is a victim of several problems and needs to be handled with care. Perhaps, the earlier therapists were not conscious to all the predicaments of Chantel. There is a potential that the modalities and techniques that Lesile is using to assist the patient is likely to bear fruit since it involves trying to identify the root causes of failure of the previous counseling services before embarking of the details of the multiple issues in question. The successes of counseling sessions entail building a trustworthy relationship between the patient and the health psychology. To inculcate this trust the patient in most cases avail their problems when their have a feeling that the information they illuminate is highly protected and confidential. Individuals have right to privacy and it’s a component that clinical consultation tends to uphold (Carvalho, Reeves & Orford, 2011). Lesile is ethical in provision of services as she incorporates the requirements of ethical counseling techniques as it is illustrated that she has informed Chantel the client on the issue pertaining confidentiality. For instance, there are scenarios when the confidentiality needs to be breached. This instances are include: billing or insurance issues, situation that encompass a minor client or incapacitated adult, eminent of harm or risks, and when a client is under a care of another service provider. The client who in this case is Chantel is obliged by the ethical codes to comply by signing of the consent form. When health psychologists fail to pay attention to their clients and dissect their needs appropriately they are likely to provide incorrect antibiotics with limitations of providing solutions to the problem in question (Zetler & Bonello, 2012). Bettina’s case Bettina is having an extra marital affair. The therapists involved in trying to mitigate issues between Bettina and her partner Jose chooses to use the no secrecy policy while attending to the couple. However, the couple was not informed prior to the sessions nor were there a provision for the exception of the policy in the consent form. The therapist was unethically immoral for not informing the client who in this case is the couple the no secrecy policy. The guidelines of conducting counseling or providing therapy to patients or clients stipulate that therapists need to comply to confidentiality of as it not only inculcate trust but also enables clients to express their misgivings or concerns or problems without hesitation and absolute honesty (Morrissey & Reddy, 2006). Legally, the therapist in question has no legal backing of informing the husband to Bettina of her infidelity hence in case she files a case against her then the reputation of her consultancy may be destroyed besides losing credibility or being rebelled incompetent. Most divorce cases are usually as a result of infidelity as the aggrieved partners are usually traumatized on their predicaments. Perhaps, Bettina had anticipated that the therapist would find a solution to the problem without bombarding the therapist bombarding the husband with such a weighty issue. Had the therapist included the policy of no secrecy between couples then the woman in question would have continued with the sessions alongside the husband in an attempt to obtain a remedy and the underlying factors that may have compelled cheating in the relationship. The action taken by the therapist does not provide the climate of safety and trust into the client. The ideal way of disclosing the infidelity issue to Jose would have involved Bettina herself revealing the secret in a joint session presided over by the therapists (Zunker, 2012). Valerie’s case Valerie’s is a disillusioned and emotionally disturbed lady having lost her boyfriend. Losing her boyfriend has actually led to the change in her behavior as she has contemplated committing suicide. Therapist decision of informing the Valerie’s parents, employer, and professor is a commendable and plausible act. Committing suicide is likely to cause emotional harm to not only the family but friends as well. The ethical principles allow therapist to breach confidentiality in situations that requires the need of not only protecting victims or therapeutic patients to danger but also giving warning to the likely occurrence of impending danger. Confidentiality is a fundamental principle that counselors or therapist have to uphold. However, on some situations that can be breached (Valerie’s situation is a typical example). The harm the client may subject to herself is superior to the harm that is likely to emanate from breaching the confidentiality ethical policy (Morrissey & Reddy, 2006). However, the literature on the case does not illuminate or extrapolate if the therapist had informed the client of situations that may involve breaching of the confidentiality of information before signing the informed consent form. The action by the therapist is likely to ensure that individuals around the lady remain vigilant. In addition, the employer may not pressurize or terminate the lady due to performance as it is likely to precipitate her contemplation of ending her life. The professor too is likely to handle her with care to enable the healing process of the heartbreak (Zunker, 2012). Dr. England and Jan’s Case Jan is convinced that the therapy sessions with Dr. England is not bearing the desired fruits and expresses interest of being referred to another therapist. Not all therapy sessions end when the objectives are achieved. Some end prematurely as a result of logistical issues or other factors such as the case of Jan’s vindications. Consumer or clients are at liberty to end sessions at whatever time of their choice. However, Jan apparently applies the utilitarian principle of making a decision as a result of the previous sessions not achieving results. The action of wanting a refural is a result of a consequence which resonates with the consequantialism theory of utility or utilitarian. On the other hand, Dr. England consents to Jan’s decision and this ethical decision can be classified as deontological since that was the right decision despite the consequences that emanate from the insurance scheme. Moreover, the student is absolutely certain that the therapist’s techniques are bound to fail. The utilitarian principle considers an action or decision right or wrong if the consequences are deemed to be right or wrong. The rightness or wrongness is pegged to the rightness or wrongness of the consequences. However, the deontological principle focuses on actions and not the consequences. In this theory, the action is either wrong or right depending on the action itself irrespective of the consequence (Zunker, 2012). Rodney’s case There are several ethical issues involved in Rodney’s case. For instant, there are rules and regulations governing driver’s conducts that they are bound to comply to yet Rodney does not. It is morally and ethically inappropriate for children irrespective of the age to explode irrationally to the parents as it is a sign of disrespect to the elderly. In addition, the therapist acted within the ethical principle of not disclosing that which the client had disclosed despite the parents insisting since it will be a breach of confidentiality despite the fact that the parents are paying for the sessions. The therapist should not be affected by the parents despite them remitting the payments as this may be harmful in attempting to help to remedy Rodney’s behavior. Suppose Rodney were below eighteen years, then the parents would have signed the informed consent form on his behalf since an individual below the above named age is still regarded as a minor (Schlossberg, 1995). Kenya’s case The ethical issues in the case are: driving while drunk (his friend dies due to an accident that resulted from an individual driving while drunk); and Kenya is at liberty of having the preference of choosing the therapist she prefers as she does chose Dr. Jones (an act that is ethical in the counseling department). Clinical counseling is crucial for one to be able to offer consultative professional counseling. Clinical supervision entails the supervisee being compliant to the evaluative component and is used to provide professional development as well as competence to the supervisee in the profession. At this stage Kenya has no option but to comply with the supervisor who is Dr. Jones. The American Psychological Association (APA) code of ethics upholds clinical supervision as it provides evaluative mechanism that help determine if individuals are adequately competent to provide effective professional consultation (Zetler & Bonello, 2012). References: Carvalho, S., Reeves, M., & Orford, J. (2011). Fundamental aspects of legal, ethical and professional issues in nursing. London: Quay Books. Morrissey, S. A., & Reddy, P. (2006). Ethics and professional practice for psychologists. South Melbourne, Vic: Thomson Learning Australia. Schlossberg, N. K. (1995). Counseling adults in transition: Linking practice with theory. Place of publication not identified: Springer Publishing. Zetler, J., & Bonello, R. (2012). Essentials of law, ethics and professional issues for CAM. Sydney: Churchill Livingstone/Elsevier. Zunker, V. G. (2012). Career counseling: A holistic approach. Belmont, Calif: Brooks/Cole. Read More