Professional Ethics and Law in California, 2nd Edition _ ____________________________________________
• Inform participants of the right to withdraw from evaluation and research. • Ensure participants access appropriate supportive services. • Protect participants from unwarranted physical or mental distress, harm, danger, or deprivation. • Discuss collected information only for professional purposes, with only those who have a professional concern for the information. • Ensure anonymity and confidentiality of all participants and their data. ‒ Inform participants of limits of confidentiality, measures taken, and when records will be destroyed. ‒ Omit identifying information from reports unless disclosure is authorized. ‒ When the possibility exists that others, including family members, may obtain access to confidential information, explain this
1. Anonymity on the Internet makes it more difficult to determine the client’s mental capacity or visual or auditory capacity to comprehend the terms of consent. 2. It may be more difficult to determine legal age. 3. Potential conditions such as suicidal behaviors and eating disorders may not be suitable for online therapy. 4. There is limited empirical research available, thus limiting both the practitioner and client’s under- standing of either the efficacy or the risks associated with e-therapy. 5. Internet identity issues place a greater burden on the practitioner to determine whether the client is legally and ethically able to consent. 6. The client and social worker may need training to be proficient in using the devices, including download- ing documents and completing electronic signatures. 7. Technical problems with the device or the connec- tion may interfere with the transmission or storage of documents. ETHICAL RESPONSIBILITIES TO THE BROADER SOCIETY All mental health practitioners are shaped and impacted by such influences as their family, community, environment, and culture. Therefore, it is helpful for them to promote the general welfare of both their immediate clients and the present and long-term welfare of the society at large. For example, the NASW points out that social workers should remain mindful of: • Social welfare
possibility, along with the plan for protecting confidentiality as part of the procedure for obtaining informed consent.
• Respect each participant’s freedom to decline participation in or to withdraw from a research study at any time. • Report evaluation and research findings accurately. • Be alert to and avoid conflicts of interest and dual relationships with participants. • Educate self, students, and colleagues about responsible research practices. MORE ABOUT INFORMED CONSENT The issue of informed consent relates closely with one of the most important values of ethical mental health practice: self-determination. In order for informed consent to be valid, the following conditions must be met: 1. A person of legal age must give consent voluntarily. 2. The individual must be competent to refuse or to consent to treatment. 3. The client must be given thorough, accurate infor- mation about the service so she or he may weigh the benefits and risks of treatment. 4. Information must be given in a format that can be fully comprehended by the client based on age, cog- nitive ability, level of literacy, taking account of any disabilities, which must be accommodated. One of the newest challenges for mental health practitio- ners is the issue of informed consent in e-therapy. Kanani and Regehr (2003) point out the following reasons:
• Public participation • Public emergencies • Social and political action
Ethical social mindfulness can be demonstrated when mental health practitioners work to promote involvement in social and political actions that: • Ensure equal access to resources and opportunities; • Advocate for improvements in social conditions; • Promote equality for all people; • Expand choice and opportunity to all people; • Promote cultural and social diversity; and • Prevent and eliminate the domination, exploitation, and discrimination of any person, group, or class of people.
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