Confidentiality in Psychotherapy and Counseling: Ethical, Legal, & Clinical Issues
Fulfills: Professional Ethics for all professions
Supplementary information also includes forms and templates pertaining to confidentiality for clinicians’ use.
This intermediate course explains the procedures, ethics, advantages, and potential pitfalls of ensuring confidentiality in the therapy relationship and has been updated to include the growing issues concerning confidentiality and electronic and digital communication. Articles with audio versions and podcast interviews (with transcripts) with such ethics and legal experts as Stanley Brodsky, PhD, and Christopher Zopatti, JD, take therapists though the requirements and intricacies of maintaining confidentiality while protecting the client, the therapeutic relationship, and the therapist.
Part One presents an overview of issues concerning confidentiality (audio with transcript provided). Part Two includes two audio interviews (transcripts provided) with experts and looks at the legal cases that have redefined confidentiality and duty to warn. Also included is information on how therapists can make sense of the often-conflicting rulings and protect themselves and their clients. Part Three covers the unique issues surrounding electronic communication, including e-therapy and the growing use of email, texts, video conferencing, electronic notes, social networking sites, online reviews, and mental health apps. Part Four includes an explanation of recent updates to the 42 CFR Part 2 federal law pertaining to the confidentiality of substance use disorder client records.
Supplementary materials include forms and templates that clinicians can use and adapt related to confidentiality. The first document provides examples of language to be used as part of forms covering informed consent (including social media policy) and the use of fax and email communication. The second two documents include templates related to the updated federal confidentiality laws on substance use disorder records (i.e., Patient Notice for Part 2 Programs and Consent for Uses and Disclosures of Part 2 Records).
Educational Objectives
This course will teach the participant to
- Describe the procedures governing informed consent.
- Recognize limitations of confidentiality when using social media.
- Evaluate when one has a duty to inform.
- Identify confidentiality concerns as they pertain to notes.
Syllabus
- Defining confidentiality in therapy
- Informed consent
- Process, not just a form
- For minors and vulnerable adults
- For all other clients
- In groups and couples and family therapy
- In forensic psychology
- Confidentiality vs mandated reporting
- Tarasoff
- Releasing notes after a client’s death
- Subpoenas and court orders
- When and how to comply with each
- Discussing with clients
- Duty to warn and legal rulings
- Confidentiality as technology evolves
- Laptops, faxes and email
- Texting, teletherapy, and notes
- Social media
- Mental health apps
- Updates to federal law (42 CFR Part 2) pertaining to confidentiality of substance use disorder records
- Clinical forms
- Office Policies
- Informed Consent
- 42 CFR Part 2 templates for substance use records
