Wednesday, August 11, 2010

Chapter 5 Confidentiality and Informed Consent

Each student will select one question to answer. You must include the page number in the book which assisted you with your answer. Each student will comment on two of their peers responses. No two students may answer the same question.


1. List the five ways of consenting and briefly describe each one.

2. There are laws to protect community members from sex offenders once a person has been convicted. What are they? What do you think the social worker's responsibility is if she knows her client has committed a sexual offense but has not been convicted?

3. Define Confidentiality and Privacy and describe how they are different.

4. What are three options that a social worker has when a report of suspected child abuse needs to be made to the Department of Protective Services?

5. Discuss the issues of duty to warn. How did it come about? What was the landmark court decision surrounding this issue? What is a therapist’s legal obligation to warn?

6. Explain how the ethical principle of confidentiality is related to the client’s right to privacy.

7. Discuss the importance of the Health Insurance Portability and Accountability Act (1996, HIPAA).

8. According to the 1969 landmark legal decision – Tarasoff v. the Regents of the University of California - when it is determined that a patient is potentially violent and presents a serious danger, the social worker has a duty to warn the intended victim. Despite the possibility of destroying the confidential nature of the therapy, what are four steps the social worker should take to ensure protection?

9. What are some of the arguments in favor of giving clients access to their own records?

10. Describe how privileged communications and confidentiality are similar.

11. Explain Tarasoff vs. Regents landmark court case concerning duty to warn.

12. Disclosure of information, voluntariness, and competency are the three issues of informed consent. Discuss some of the problems involving any of these that make for difficult ethical dilemmas in social work practice.

14 comments:

  1. 3. Define Confidentiality and Privacy and describe how they are different.

    Privacy refers to people's right to decide what, if any, information about them is shared with others. Confidentiality means that a social worker or other professional will not reveal to anyone information that she has recieved from a client without the client's informed consent. Confidentiality is a principle that affirms the explicit promis or contract to reveal nothing about an individual except under conditions known and agreed to by the client with the exception of thos which require disclosure for "compelling professional reasons." Privacy lies within the power of the individual and Confidentiality is more of the professional's role to protect the client.

    Dolgoff, R., Frank, L., & Donna, H. (2009). Ethical Decisions for Social Work Practice. pg 78-79. Belmont: Cengage Learning.

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  2. 6. Explain how the ethical principle of confidentiality is related to the client’s right to privacy.

    Confidentiality is a principle that affirms the explicit promise or contract to reveal nothing about an individual except under conditions unknown and agreed to by the client, with the exception of those which require disclosure for “compelling professional reasons”. An ethical dilemma occurs whenever a practitioner has to choose among conflicting claims that may be equally valid, such as choosing between a client’s right to privacy and the right of other people and of society to certain information.

    Dolgoff, R., Frank, L., & Donna, H. (2009). Ethical Decisions for Social Work Practice. pg 79. Belmont: Cengage Learning.

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  3. Social Workers and others are expected to be in compliance with HIPAA requirements. The Department of Health and Human Services established a standardized electronic format for eight common health care transactions: claims payment and remittance advice, coordination of benefits, eligibility for a health plan, enrollment and disenrollment in a health plan, health care claim status, premium payments, and referral certification and authorization. As with any new law or policy that has the potential to have a major impact on social work practice, social workers are encouraged to stay updated on this issue in terms of federal and state law, as well as agency policy.

    Dolgoff, R., Frank, L., & Donna, H. (2009). Ethical Decisions for Social Work Practice. pg 85-86 Belmont: Cengage Learning.

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  4. 9. What are some of the arguments in favor of giving clients access to their own records?

    There are several arguments that are in favor of giving clients access to their own case records. One of the arguments include that by reading the information, it gives the client an opportunity to correct mistakes. Another argument is that a client can give informed consent to share information with others only if he knows what this information is. In addition to those arguments knowledge of information may lead to change, while ignorance will result in only maintaining the present unsatisfactory situation. Lastly, opening the case record will demonstrate the efficacy of client/worker cooperation and may be followed by even greater client participation in social work process.
    Pg85

    Dolgoff, R., Frank, L., & Donna, H. (2009). Ethical Decisions for Social Work Practice. Belmont: Cengage Learning.

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  5. Good job So far! Remind your peers! Thanks

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  6. 11. Explain Tarasoff vs. Regents landmark court case concerning duty to warn.

    The tarasoff doctrine does not present social workers with any new ethical problems becasue the requirement to break confidentiality and warn the intended victim applies only in specific incidents. This landmark legal case started when a murder took place in 1969. A young mantold his therapist he threatened to kill his girlfrien when she returned from an out of town trip. Shortly there after the young woman was killed by him. The young woman parents charged the therapist with neglect.

    95-98
    Dolgoff, R., Frank, L., & Donna, H. (2009). Ethical Decisions for Social Work Practice. Belmont: Cengage Learning

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  7. 8. According to the 1969 landmark legal decision – Tarasoff v. the Regents of the University of California - when it is determined that a patient is potentially violent and presents a serious danger, the social worker has a duty to warn the intended victim. Despite the possibility of destroying the confidential nature of the therapy, what are four steps the social worker should take to ensure protection?


    The social worker incurs an obligation to use reasonable care to protect the intended victim against such danger. This duty may call for the social worker (1) to warn the intended victim or (2) to inform others likely to apprise the victim of the danger, (3) to notify the police, or (4) to take whatever other steps are reasonably necessary under the circumstances.



    Dolgoff, R., Frank, L., & Donna, H. (2009). Ethical Decisions for Social Work Practice. pg 95 Belmont: Cengage Learning.

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  9. 4. 1. Work with the client to help him make the report himself; the social worker should follow up with the client to make sure that the report was made.

    2.Discuss with the family why a report needs to be made, what the potential benefits and risks to the family are, what procedures will be followed during the investigation, if the report is substantiated or indicated, what some of the treatment options are likely to be. The social worker should be aware of the procedures followed in her area so that she can accurately inform clients about what to expect.

    3. Report without notifying the family if failing to do so would place the child at immediate risk.

    Dolgoff, R., Frank, L., & Donna, H. (2009). Ethical Decisions for Social Work Practice. pg 86-87. Belmont: Cengage Learning.

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  11. Chapter 5

    3. Define Confidentiality and Privacy and describe how they are different.

    Confidentiality deals with the treatment of information that an individual has disclosed in a relationship of trust and with the expectation that it will not be shared with others without permission in ways that are inconsistent with the understanding of the original disclosure.Privacy is the control over the extent, timing, and circumstances of sharing oneself physically,behaviorally, or intellectually with others. An example of this that I found was ,a person may not want to be seen entering a place that might stigmatize them, such as a pregnancy counseling center clearly identified by signs on the front of the building.

    Dolgoff, R., Frank, L., & Donna, H. (2009). Ethical Decisions for Social Work Practice. pg 79. Belmont: Cengage Learning.

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  12. 7. Social Workers and others are professionals mandated to comply with HIPAA requirements. The Department of Health and Human Services was created to establish a standard electronic format for eight common health care transactions: claims payment and remittance advice, coordination of benefits, eligibility for a health plan, enrollment and disenrollment in a health plan, health care claim status, premium payments, and referral certification and authorization. As with any new law or policy that has the potential to have a major impact on social work practice, social workers are encouraged to stay updated on this issue in terms of federal and state law, as well as agency policy.

    Dolgoff, R., Frank, L., & Donna, H. (2009). Ethical Decisions for Social Work Practice. pg 85-86 Belmont: Cengage Learning

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  13. 10. Describe how privileged communications and confidentiality are similar.
    Privileged communication and confidentiality are similar because they both require valid consent before social workers disclose confidential information, and clients should be informed to the extent possible of disclosure of confidential information and the potential consequences of such disclosure. Information may be disclosed if compelling professional reasons exist, such as imminent harm to a client. You have to be given the opportunity to hear or see classified information.


    Dolgoff, R., Frank, L., & Donna, H. (2009). Ethical Decisions for Social Work Practice. pg 74-75 Belmont: Cengage Learning

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  14. 3. Define Confidentiality and Privacy and describe how they are different.

    According to the book, confidentiality means that a social worker or other professional will not reveal ot anyone information that she has received from a client without their consent. Privacy refers to people’s rights to decide what, if any, information about them is shared with other. The difference between the two is confidentiality can be broken if the client is harm to the environment or self.

    Dolgoff, R., Frank, L., & Donna, H. (2009). Ethical Decisions for Social Work Practice. pg 78-79 Belmont: Cengage Learning

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