Massive amounts of information can now be stored on increasingly smaller, faster, and more portable electronic devices. Audio and visual records of every part of the therapeutic and counseling service can now be easily recorded and accessed. The convenience, ease of use, and portability of these systems can unfortunately lead to confidential information being stolen, lost, or transmitted accidentally. The constant upgrades and expansions among these systems lead to increasing possibilities of privacy violations and other ethical concerns for confidentiality maintenance in cyberspace. Email interception by unauthorized parties is a widespread problem and is a violation of a client’s privacy. Some companies and agencies feel justified in monitoring worksite email accounts and Internet usage because they view these employee email accounts as the company’s property and a part of the company’s technological infrastructure. Another justification is that they claim to determine whether personal business is being conducted on work time or if inappropriate Internet sites have been accessed. An example of this is within school systems where specific words and content are regularly flagged to monitor student and faculty use. If a school counselor or therapist reports that a child threatened to kill themself, the word “kill” may be red flagged in email correspondence by a county technology official who is monitoring the account in an office in another city and may trigger an investigation by individuals outside of the counseling relationship. This type of monitoring is a common practice in many public-school systems for all students and staff. Technology has taken therapy and counseling out of the office and moved it across geographic borders. It allows a practitioner to work with clients from any location any time of day or night. This may be convenient for both parties; however, it opens many opportunities for confidentiality breaches and privacy right violations that will be covered in detail in subsequent sections. In addition to crossing geographic boundaries, technology leads to boundary issues that cross the line from professional to personal with clients. Counselors and therapists may have websites and social media pages that are professional, in addition to personal online pages. These two types of social media must be kept separate at all times to maintain appropriate boundaries with clients. An example of this might be a Facebook page that can be used for professional purposes; however, the profile can also include personal information that may include interactions with friends. A greater concern is the publishing or posting of information and photos by others that the therapist is unable to control. The counselor or therapist should always be aware of information or pictures online that can be accessed by the public, and the lack of security of online postings. Ethical Decisions Ethical decision-making is a process that involves the informed judgment of the counselor and the therapist. The codes advise that there will be issues with clients that contain ethical questions with no simple answers. The practitioner should consider how their actions would be judged in a peer review process and what ethical standards would apply. The codes stress that the practitioner should seek consultation from professionals in their employing organizations, state board, or professional associations regarding ethical decisions. When in doubt, it is important to seek collaboration and never to act alone. The practitioner must review ethical principles and standards in their decision-making process. They must apply knowledge from the code of ethics for their association, the
Practitioners must use caution with online communication including emails, text messages, blogs, tweets, photos, and other social media posts. Their online presence must be professional and cannot cause harm to a client or anyone viewing the information. Professional counselors and therapists may not cross boundaries and interact as friends in real life; however, clients and others may become confused online with terms like “friending” on Facebook. This is something that the professional should never do. If personal information or a status with someone is posted on Facebook, it is open to be reposted and viewed by anyone who is associated with the person that reposted the information, unless specific privacy settings are in place. Any counselor or therapist with a professional website, networking site, or social media page should review their code of ethics as well as any state or federal laws that regulate technology or practice in and outside the state boundaries of the professional license. In recent years, many systems have been compromised, hacked, or cracked. These violations have resulted in lost or stolen personal, medical, and financial information. The practitioner can never be completely confident that they can protect the privacy rights of their clients when using technology for communication or distance services. Practitioners must follow numerous safeguards and be vigilant when using technology in their practice. Revisions to the code of ethics have addressed the benefits and the risks of technology use and the provision of distance services. The use of technology affects the components of confidentiality, privilege, legal jurisdiction, client safety, duty to warn, and quality of the practitioner– client relationship. HIPAA laws provide extensive regulation of any information gathered, transmitted, and stored using all forms of technology including audio, visual, computer, fax, and phone. The expanded use of technology and social media in service delivery brought many ethical conflicts to the forefront. The revised codes in this course contain guidelines in this area; however, as the technology continues to change the therapist and counselor must remain vigilant, review the sections on ethical technology use, and collaborate with other professionals to make sound ethical decisions. The course will address the guidelines in codes of ethics and the requirements defined within the HIPAA Privacy Rule, which governs the use of new technology and social media to prevent unintentional, or accidental, violations of privacy. In addition, the counselor and therapist must maintain close contact with their professional associations and stay abreast of any code revisions and guidance. They must also stay informed to identify changes in state and federal laws related to informed consent, confidentiality, duty to warn, and privacy when using technology. standards and principles of their employing organization, and state and federal statutes that apply. When codes do not contain information on a particular issue, the practitioner is still responsible for making correct ethical decisions to protect the welfare of the client. The responsibility for making the correct ethical decision is complex, with serious ramifications for the client and practitioner. A sound ethical decision-making process must be applied to lead the practitioner, with assistance from other professionals, to resolve the ethical conflict in accordance with the code of ethics. Reasonable differences of opinion may exist among professionals as they seek to apply values, principles, and ethical standards to resolve a conflict.
EliteLearning.com/Counselor
Book Code: PCUS1525
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