CONFIDENTIALITY IN ASSOCIATION CODES OF ETHICS
ACA Code of Ethics: Confidentiality According to the ACA Code of Ethics, “Confidentiality is the ethical duty of counselors to protect a client’s identity, identifying characteristics, and private communications.” (ACA, 2014). Here are the sections of the ACA Code of Ethics related to confidentiality: Section A: The counseling Relationship A.7. Roles and Relationships at Individual, Group, Institutional, and Societal Levels A.7.b. Confidentiality and Advocacy Counselors obtain client consent prior to engaging in advocacy efforts on be- half of an identifiable client to improve the provision of services and to work toward removal of systemic barriers or obstacles that inhibit client access, growth, and development. Section B: Confidentiality and Privacy Introduction: Counselors recognize that trust is a cornerstone of the counseling relationship. Counselors aspire to earn the trust of clients by creating an ongoing partnership, establishing, and upholding appropriate boundaries, and maintaining confidentiality. Counselors communicate the parameters of confidentiality in a Counselors maintain awareness and sensitivity regarding cultural meanings of confidentiality and privacy. Counselors respect differing views toward disclosure of information. B.1.b. Respect for Privacy Counselors respect the privacy of prospective and current clients. Counselors request private information from clients only when it is beneficial to the counseling process. B.1.c. Respect for Confidentiality Counselors protect the confidential information of prospective and current clients. Counselors disclose information only with appropriate consent or with sound legal or ethical justification. B.1.d. Explanation of Limitations At initiation and throughout the counseling process, counselors inform clients of the limitations of confidentiality and seek to identify situations in which confidentiality must be breached. B.2. Exceptions B.2.a. Serious and Foreseeable Harm and Legal Requirements The general requirement that counselors keep information confidential does not apply when disclosure is required to protect clients or identified others from serious and foreseeable harm or when legal requirements demand that confidential information must be revealed. Counselors consult with other professionals when in doubt as to the validity of an exception. Additional considerations apply when addressing end-of-life issues. B.2.b. Confidentiality Regarding End-of-Life Decisions Counselors who provide services to terminally ill individuals who are considering hastening their own deaths have the option to maintain confidentiality, depending on applicable laws and the specific circumstances of the situation and after seeking consultation or supervision from appropriate professional and legal parties. * * Note: Euthanasia is not legal in Texas. See TAC Health and Human Services, Title 26, culturally competent manner. B.1. Respecting Client Rights B.1.a. Multicultural/Diversity Considerations
Rule §558.834 Hospice Counseling Services (Texas, 2021b). B.2.c. Contagious, Life- Threatening Diseases When clients disclose that they have a disease commonly known to be both communicable and life threatening, counselors may be justified in disclosing information to identifiable third parties if the parties are known to be at serious and foreseeable risk of contracting the disease. Prior to making a disclosure, counselors assess the intent of clients to inform the third parties about their disease or to engage in any behaviors that may be harmful to an identifiable third party. Counselors adhere to relevant state laws concerning disclosure about disease status. B.2.d. Court-Ordered Disclosure When ordered by a court to release confidential or privileged information without a client’s permission, counselors seek to obtain written, informed consent from the client or take steps to prohibit the disclosure or have it limited as narrowly as possible because of potential harm to the client or counseling relationship. B.3. Information Shared with Others B.3.a. Subordinates Counselors make every effort to ensure that privacy and confidentiality of clients are maintained by subordinates, including employees, supervisees, students, clerical assistants, and volunteers. B.3.b. Interdisciplinary Teams When services provided to the client involve participation by an interdisciplinary or treatment team, the client will be informed of the team’s existence and composition, information being shared, and the purposes of sharing such information. B.3.c. Confidential Settings Counselors discuss confidential information only in settings in which they can reasonably ensure client privacy. B.3.d. Third-Party Payers Counselors disclose information to third-party payers only when clients have authorized such disclosure. B.5. Clients Lacking Capacity to Give Informed Consent B.5. a. Responsibility to Clients When counseling minor clients or adult clients who lack the capacity to give voluntary, informed consent, counselors protect the confidentiality of information received, in any medium, in the counseling relationship as specified by federal and state laws, written policies, and applicable ethical standards. B.6.e. Client Access Counselors provide reasonable access to records and copies of records when requested by competent clients. Counselors limit the access of clients to their records, or portions of their records, only when there is compelling evidence that such access would cause harm to the client. Counselors document the request of clients and the rationale for withholding some or all the records in the files of clients. In situations involving multiple clients, counselors provide individual clients with only those parts of records that relate directly to them and do not include confidential information related to any other client. B.7.b. Disclosure of Confidential Information When consulting with colleagues, counselors do not disclose confidential information that reasonably could lead to the identification of a client or other person or organization with whom they have a confidential relationship unless they have obtained the prior consent of the person or organization, or the disclosure cannot be avoided. They disclose information only to the extent necessary to achieve the purposes of the consultation.
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Book Code: PCTX1324
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