16 hours ago · “Clients should not withhold anything from their therapist, because the therapist is only obligated to report situations in which they feel that another individual, whether it be the client or someone else, is at risk,” said Sophia Reed, a nationally certified counselor and transformation coach. >> Go To The Portal
A New York law enacted Jan. 15, 2013, moves that state's law from a permissive to a mandatory duty for mental health professionals to report when they believe patients may pose a danger to themselves or others but protects therapists from both civil and criminal liability for failure to report if they act "in good faith."
Client Welfare. The substance abuse counselor is obligated to do everything he can to protect the welfare of his clients. All meetings must occur in a location that is safe and private. If ever the counselor believes the counseling sessions are no longer benefiting the client, he is obligated to cease providing sessions.
For substance abuse counselors, the need for well-established ethical guidelines is even greater. Their patients struggle with some of the most difficult situations, yet are often in vulnerable positions regarding legal situations, family issues, and the potential to be victimized by others.
All substance abuse counselors must comply with federal and state confidentiality laws. The substance abuse counselor is obligated to maintain the confidentiality of all client sessions. This includes the identities of her clients, as well as information discussed during counseling sessions.
Clients in treatment for substance abuse may act rebelliously or violently, a situation that can be exacerbated by an undisclosed history of child abuse. Counselors working with this population have sometimes been victims of physical assault or other violence by clients.
The key ethical obligations and responsibilities addiction professionals have to their clients can be observed in the four cornerstones of health care ethics, which include: autonomy, justice, beneficence and nonmaleficence.
Substance abuse disorder treatment programs are subject to the privacy regulations imposed under 42 CFR Part 2, AND the HIPAA Privacy Rule. Covered entities must comply with each.
There are a few limited exceptions when providers can make disclosures without a patient's written consent, including: Internal communications. Medical emergencies. Reports of alleged child abuse or neglect (if required by state law)
The 42 CFR Part 2 regulations (Part 2) serve to protect patient records created by federally assisted programs for the treatment of substance use disorders (SUD).
The substance abuse counselor has an ethical duty to confidentially maintain diagnostic summaries, treatment plans and case notes in accordance with the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule.
Health care providers may disclose the necessary protected health information to anyone who is in a position to prevent or lessen the threatened harm, including family, friends, caregivers, and law enforcement, without a patient's permission.
A covered entity is required to agree to an individual's request to restrict the disclosure of their PHI to a health plan when both of the following conditions are met: (1) the disclosure is for payment or health care operations and is not otherwise required by law; and (2) the PHI pertains solely to a health care item ...
New Penalties for Violations of Part 2 Under the CARES Act, Congress gave HHS the authority to issue civil money penalties for violations of Part 2 in accordance with the civil money penalty provisions established for HIPAA violations, ranging from $100 to $50,000 per violation depending on the level of culpability.
The confidentiality of alcohol and drug abuse patient records maintained by this program is protected under the Federal Regulation 42 CFR Part 2.
42 CFR Part II protects client identifying information... that would identify a client as an alcohol or drug client, either directly or indirectly and any information, whether oral or written, that would directly or indirectly reveal a person's status as a current or former client.
The Privacy Rule excludes from protected health information employment records that a covered entity maintains in its capacity as an employer and education and certain other records subject to, or defined in, the Family Educational Rights and Privacy Act, 20 U.S.C. §1232g. De-Identified Health Information.
United States Code of Federal RegulationsCFR Title 45 - Public Welfare is one of fifty titles comprising the United States Code of Federal Regulations (CFR). Title 45 is the principal set of rules and regulations issued by federal agencies of the United States regarding public welfare.
Health care professionals follow a code of ethics that identifies expected behavioral norms, rules, boundaries, standards and shared ethical principles. A code of conduct for substance abuse counselors offers guidance on how to handle tricky situations and appropriately support clients from intake to recovery.
Core values include honesty, integrity and empathy for clients struggling to overcome addictions.
NAADAC, the Association for Addiction Professionals is a well-known organization representing more than 10,000 specialists in the field of addiction prevention, treatment and recovery. As part of the organization’s mission to provide quality addiction resources, NAADAC provides substance abuse counselors with standards of practice in the form ...
The code of ethics of addiction counselors requires them to advocate for client access to medications, hospital beds and treatment programs, for example. Options and resources are identified and presented to the client. The substance abuse counselor lobbies for fair and unbiased distribution of limited resources.
Autonomy refers to the right of clients to make their own decisions, such as choosing whether to enter alcohol or drug treatment at the urging of their family. Addictions can have a powerful hold on a client. Resistance is likely to occur if the substance abuse counselor uses coercion, manipulation or fear tactics to pressure the client into treatment. The code of conduct for substance abuse counselors suggests that they roll with client resistance and respect autonomy. They build rapport, offer support and educate the client on the goals of treatment.
Like other health care specialists, substance abuse counselors follow an ethical code grounded in the ethical principles of autonomy, beneficence, justice and nonmaleficence. The Quantum Units Education organization suggests that these four ethical principles are the cornerstone of effective substance abuse counseling.
Substance abuse counselors work closely with adolescents and adults struggling with serious problems related to alcoholism and drug addiction. Advising emotionally distraught and suffering clients demands a high level of skill and professionalism.
For substance abuse counselors, the need for well-established ethical guidelines is even greater. Their patients struggle with some of the most difficult situations, yet are often in vulnerable positions regarding legal situations, family issues, and the potential to be victimized by others.
For anyone in the counseling profession, ethics aid in creating healthy relationships with patients, protecting mental health workers from dangerous and illegal situations, and providing a safe environment for the ultimate benefit of the patient. For substance abuse counselors, the need for well-established ethical guidelines is even greater.
It sets client welfare as the primary objective in substance abuse counseling, directing professionals to treat clients with dignity and honor, employ compassion, and work for the client's best interest at all times. Other guidelines within this principle, outline boundaries for the client-counselor relationship, in order to keep professional distance, informed consent regulations, ways to appropriately manage group therapy, and a variety of methods to protect the client, all while providing the greatest level of care.
Principle six explains the laws surrounding E-therapy, how to gain proper informed consent for treatment, security requirements to ensure the client's privacy, setting professional boundaries regarding social media, and cues to a client's current state which are more easily missed through electronic media.
Specific topics include the validity of tests, cultural influences (which may result in unusual or skewed results), how tests should be properly administered, use and misuse of results, and how to securely protect the test results from unauthorized view.
Mental health professionals must make a reasonable effort to communicate, in timely manner, the threat to the victim and notify the law enforcement agency closest to the patient's or victim's residence and supply a requesting law enforcement agency with any information concerning the threat.
The holder of the records may disclose information when the patient has communicated a serious threat of serious physical injury against a reasonably identifiable victim, the person with knowledge of the threat may disclose the threat to the potential victim or to any law enforcement officer, or both.
A mental health professional has the duty to warn of or take reasonable precautions to provide protection from violent behavior only if the patient communicates an actual threat of physical violence by specific means and against a clearly identified or reasonably identifiable victim.
The duty to predict, warn of, or take reasonable precautions to provide protection from, violent behavior arises only when a client or other person has communicated to the licensee a specific, serious threat of physical violence against a specific, clearly identified or identifiable potential victim.
Behavioral health professional - client privilege does not extend when the professional has a duty to (1) inform victims and appropriate authorities that a client's condition indicates a clear and imminent danger to the client or others; or (2) to report information required by law.
Immunity for mental health professionals for release of information via 36-504 or 36-509. A release of information via 36-504 or 36-509 shall, at the request of the patient, be reviewed by a member of his family or a guardian. Section provides for appeal procedures.
California courts imposed a legal duty on psychotherapists to warn third parties of patients’ threats to their safety in 1976 in Tarasoff v. The Regents of the University of California.
The substance abuse counselor is a unique professional. Taking a front row seat to the impact of drug and alcohol abuse and dependency, they work closely with people in recovery. It’s a bumpy road fraught with emotions and sometimes the stuff of movies. Ethics and values weigh heavily on every move a counselor makes, and on a daily basis, the challenges they face can create or destroy.
Let’s start with the don’ts: Don’t get involved with a member of a client’s immediate family. Don’t nurture dual relationships that could impair your judgment or increase the risk of exploitation. Don’t become sexually active or come into sexual contact with a client.
Client relationships often prove to be the most brutal of challenges. It’s the cornerstone of what you do. Every day, you work one-on-one and with groups of people who battle substance abuse and/or addiction. You see the ugliness of drug and alcohol abuse, and you take a front row seat to your clients’ lives. It’s natural to feel a range of emotions and to build relationships, but keeping it professional can be tough.
If you know you have a substance use problem, it’s time to talk to your doctor, even if the drug (s) you’re using are illegal. The point of talking to your doctor is to seek and obtain the kind of treatment that will help you stop abusing drugs and end your addiction. Your doctor can help you find the right treatment.
The biggest fear people face when just thinking about admitting substance use to their doctor is consequences. Discomfort grows when a person is using an illegal substance. The biggest fear is being reported to the authorities. Thanks to doctor-patient confidentiality, this fear is often only as big as you make it.
The oath serves as a sort of moral guide , and medical practitioners must abide by a code of ethics. While doctor’s view patient-physician confidentiality as a fundamental tenet of their code of ethics, they are bound to abide by it within the constraints of the law. Harm Must be Reported: By law and ethics, a doctor must report severe bodily injury.
Those records can then be submitted to your insurance agency, and they can then use those records to increase premiums, deny payment, or deny coverage for certain conditions and/or procedures. It is possible that admitting to drug use could affect future coverage when most needed.
Morris manages the day-to-day operations of Absolute Advocacy, ensuring clients have what they need when they schedule appointments and attend classes and treatment. Morris specializes in the business and technical aspects of running a Mental Health and Substance Abuse treatment agency including web and content strategy.#N#Follow me: LinkedIn | Facebook
Harm Must be Reported: By law and ethics, a doctor must report severe bodily injury. For example, if a doctor were to fail to report a bullet or gunshot wound, a powder burn, or other injury resulting from the discharge of a gun or firearm, they risk a Class A misdemeanor.
A doctor cannot discuss the information you share in confidence, and if they do, you can take legal recourse, even when admitting something like heroin or cocaine use. If you choose to talk to your doctor about illegal substance use, you can, in most cases, rest assured that your conversation will remain confidential.