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"Protecting Confidentiality Rights"
When May You Disclose Client Information?
When May You Refuse to Disclose?
When Must You Refuse to Disclose?
Mary
Alice Fisher, Ph.D.
I. Ethical Standards & Professional Guidelines |
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A. Does Your Ethics Code Contain The Answers You Need?
B. Where Else Do You Go for Ethical Advice About Confidentiality & Disclosure?
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II.
Legal Requirements
Which Ones Apply To You?
What Are Their Ethical Implications?
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A. Virginia Licensing Board Regulations
B. State Agency Regulations
C. Virginia Statutes
D. Federal Regulations - HIPAA Privacy Rule & Security Rule
E. Federal Statute - Public Law 92-255 (re: substance abuse records)
F. Contracts With Managed Care Organizations & Other Third Parties |
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III. Integrating the Ethical & Legal Responsibilities
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A. When May You Disclose Without the Client's Consent?
B. When May You Refuse to Disclose?
C. When Must You Refuse to Disclose?
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VI. Keeping The Focus Ethical
As You
Create Your Own Confidentiality & Disclosure Policies
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A. How Much Ethical & Legal Freedom Do You Have for "Individualizing" Policies?
B. What Might Keep You From Doing So?
C. What Help or Support Do You Need for Doing So?
D. Using An Ethical Practice Model |
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1. Preparing
2. Informing Clients & Obtaining Consent
3. Limiting Disclosures Without Consent to Extent Legally Possible
4. Responding Ethically to Legal Demands
5. Avoiding "Avoidable" Breaches of Confidentiality
6. Talking About Confidentiality Issues |
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Educational Goals:
1. Describe some of the ethical and legal responsibilities about confidentiality.
2. List clients' rights if confidentiality will be "conditional" rather than absolute.
3. Describe the process of obtaining a client's informed consent to accept confidentiality 's limits..
4. Consider how a structured practice model can help protect clients' confidentiality rights.
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The Center for Ethical Practice is approved by
APA (American Psychological Association) to sponsor continuing education for psychologists;
by NASW ( National Association of Social Workers ( as Provider # 886-40-7427);
and by VCA (Virginia Counselors Association) [NBCC Approved Provider #2047].
The Center for Ethical Practice maintains full responsibility for all programs and their content.
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