before information can be disclosed. These steps can include notification of medical personnel in the case of an emergency or notification of the police if a crime against program personnel or a crime on program property poses a threat to an individual. The information that can be disclosed is limited, however, to such facts as name, address, last known whereabouts, and status as a patient in the program. ● The restrictions on disclosure do not apply in the case of child abuse or neglect, except that “restrictions continue to apply to the original alcohol or drug abuse patient records maintained by the program including their disclosure and use for civil or criminal proceedings which may arise out of the report of suspected child abuse and neglect [42 CFR 2.12 (c) (6)].” ● In certain circumstances, the Court can order a disclosure. Recently, Congress has attempted to override some of the confidentiality regulations in 42 CFR Part 2, with the introduction and reintroduction of the Overdose Prevention and Patient Safety Act. The purpose of this Act, which was proposed in reaction to the opioid crisis, is to bring confidentiality requirements for substance abuse records closer in line with those for other medical records (Walden, 2019). According to the American Society of Anesthesiologists (2019), this Act, if passed, would provide them with more information to help them to more safely treat patients.
In 2009, President Barack Obama signed into law the Health Information and Technology for Economic and Clinical Health (HITECH) Act, as part of the American Recovery and Reinvestment (ARRA) Act. The goal of HITECH was to improve health care through the use of updated information technologies (Witten, 2018). This Act provided financial incentives that led to the wider use of electronic health records. The purpose of greater and more efficient use of electronic records was: ● Empowerment of clients and patients. ● Better outcomes. The HITECH Act also added strength to the HIPAA Privacy and Security Rules (HIPAA Journal, 2018), clearing up confusion about protecting health information. Some ways that HITECH strengthened HIPAA included making business associates of HIPAA-covered entities accountable for HIPAA violations, increasing the penalties for HIPAA violations, and enabling clients or patients to obtain their own health records. This Act also required that clients and patients be notified if their health information was exposed in a security breach. ● Greater transparency and efficiency. ● Improvements in population health. ● Acquisition of data on health systems. Although the HITECH Act does not offer incentives to behavioral health professionals, it represents the future of healthcare privacy regulations, and some states are already expecting all providers to switch to electronic record keeping (Boyd, 2020).
SUPERVISION AND CONSULTATION
● They should fairly and respectfully evaluate supervisee performance. ● They should avoid accepting supervisees when there has been a prior or an existing relationship that might compromise the supervisor’s objectivity. ● They should take measures to assure that the supervisee’s work is professional. ● They should not provide therapy to current students or supervisees. Supervisors should consult their particular professional association guidelines regarding supervision, human resource policy, and other applicable resources. Effective and ethical supervisory practices benefit, not only the supervisees and their clients, but the supervisor as well. Supervisors can manage their vicarious liability in several ways, though: ● Clearly defined policies and expectations. ● Awareness of high-risk areas. ● Provision of appropriate training and supervision. ● Understanding supervisee strengths and weaknesses as practitioners. ● Developing an adequate feedback system. ● Supervisors knowing their own responsibilities.
Mental health supervision and management generally include three primary aspects of the supervisory role: 1. Administration. 2. Support. 3. Education. (Kadushin & Harkness, 2014) While the supervisor of mental health work is forced to be increasingly involved in the administrative and political realm, supervision, coaching, mentoring, and consultation remain key roles. Mental health practitioners need to be keenly aware of the role of a supervisor, because he/she is responsible for both the actions and omissions of a supervisee. This is called “vicarious liability.” To provide competent supervision, supervisors – particularly those in clinical settings – should remember the following: ● They need to possess the necessary knowledge and skill and work only within their area of competence. ● They must set clear, appropriate, and culturally sensitive boundaries that would include confidentiality, sexual appropriateness, and respect for other sensitive boundaries outlined earlier in this training. ● They should not engage in dual or multiple relationships with supervisees when there is risk of exploitation or potential harm. Education and training Mental health practitioners who function as educators, field instructors, or trainers are obligated to provide instruction only within their areas of knowledge and competence, evaluate student performance fairly and respectfully, and take reasonable steps to ensure that clients are informed when services are provided by students. Mentioned in the previous subsection, professionals functioning as educators or field instructors must Commitment to employers Several standards that address issues around loyalty and ethical responsibilities in one’s capacity as an employee are formally or informally discussed in professional association ethical guidelines. Generally, mental health practitioners should do the following: ● Adhere to commitments made to employers. ● Work to improve employing agencies’ policies, procedures, and effectiveness of service delivery.
not engage in dual or multiple relationships and should set clear, appropriate, and culturally sensitive boundaries. Mental health administrators and supervisors should also take reasonable steps to provide for the continuing education and personal development of their staff.
● Take reasonable steps to educate employers about mental health workers’ ethical obligations. ● Ensure that the employing organization’s practices do not interfere with one’s ability to practice consistent with one’s mental health association professional ethical guidelines. ● Act to prevent and eliminate discrimination. ● Accept employment or refer others to only organizations that exercise fair personnel practices.
Page 81
Book Code: SWUS1524
EliteLearning.com/Social-Work
Powered by FlippingBook