What Confidentiality Requirements Exist Between Counselors And Patients Or Clients? - BestCounselingDegrees.net (2024)

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UpdatedDecember 2, 2022·1Min Read

Explore this resource by Best Counseling Degrees to learn all about counselor patient confidentiality requirements.

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When a patient or client begins seeing a counselor, he or she needs help to cope with life problems or changes or with a mental health condition and may already feel vulnerable enough without expressing potentially embarrassing feelings to a stranger. It is essential that patients feel that they can trust their counselors to keep secrets they are told during sessions, which is why confidentiality requirements exist.

The Importance of Confidentiality

Patients going through stressful life changes, traumatic experiences or the emotional roller coaster ride of symptoms of mental illnesses may be especially unwilling to share their most private feelings with a stranger unless they know that their secrets are safe. That’s why confidentiality is so important to making counseling effective. A patient who doesn’t trust the counselor is unlikely to be honest about their feelings and problems, so he or she may never receive the necessary help to cope with these issues. Such a patient may be reluctant to really try any coping strategies or treatments that are recommended. Ultimately, without trust, there is little point to attempting counseling.

Upholding confidentiality and knowing when to break confidentiality is an important responsibility for counselors of all types, though different types of counselors may encounter different challenges. For example, marriage counselors may encounter couples keeping secrets from one another. Addictions counselors may be made aware of past instances of drug use. Counselors facilitating group therapy sessions must explain confidentiality rules for all group members. Confidentiality is an important part of the ethical codes of the major professional counseling organizations, according to the Zur Institute. Counselors should review confidentiality policies with patients, including restrictions to confidentiality, at the start of counseling.

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When Counselors Must Break Confidentiality

Unfortunately, there are some situations in which a counselor will not be able to keep details shared in counseling sessions confidential. For example, a patient may discuss feelings of depression or anger management problems with a counselor and expect these expressions to be kept confidential. If, however, the depressed patient reveals plans to commit suicide or the patient dealing with rage control issues threatens to harm another person, the counselor has legal responsibilities to break confidentiality and alert the appropriate medical or legal authorities to prevent patients from becoming dangers to themselves or others. The same is true for patients who witness child or elder abuse. Counselors may also be required to submit records to authorities in the event that law enforcement agencies request them.

With regards to confidentiality, counselors have complex responsibilities toward their patients. On one hand, they must respect patients and keep their communications confidential when possible. On the other hand, they must make the judgment to break confidentiality when presented when a situation in which legal authorities are involved, or if the patient seems to be a threat to self or others. Though complicated, these seemingly incongruous requirements are essential for the good of the patient and those around him or her.

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What Confidentiality Requirements Exist Between Counselors And Patients Or Clients? - BestCounselingDegrees.net (2024)

FAQs

What is considered confidential information in counseling? ›

Confidentiality is an important aspect of counseling. This means that under normal circ*mstances no one outside the Counseling Center is given any information — even the fact that you have been here — without your expressed written consent.

Under what conditions can a counselor reveal confidential information about a client without their permission? ›

There are a few situations that may require a therapist to break confidentiality: If the client may be an immediate danger to themself or another. If the client is endangering another who cannot protect themself, as in the case of a child, a person with a disability, or elder abuse.

How to ensure confidentiality in counselling? ›

The counselor must document the request of the client and the reason for withholding the information. When there are multiple clients, such as with family counselling, then the counselor should only provide records relevant to the individual client, not other clients in the group.

Can therapists talk about their clients anonymously? ›

Yes, they can and they also do when seeing their supervisor. Keeping details out that could identify the client is the only ethical way of doing it. “Chit-chatting” with colleagues about “their next client” is not part of any serious therapist´s work.

What are the three limits of confidentiality? ›

Which Circ*mstances Are Exempt from Confidentiality?
  • The client is an imminent and violent threat towards themselves or others.
  • There is a billing situation which requires a condoned disclosure.
  • Sharing information is necessary to facilitate client care across multiple providers.
Jan 15, 2019

What is considered confidential client information? ›

Confidential client information refers to sensitive, private, or proprietary data about a client that is shared with or held by a professional service provider, such as a lawyer, accountant, financial advisor, or consultant.

What are the three exceptions to confidentiality in counseling? ›

Mandatory Exceptions To Confidentiality

They include reporting child, elder and dependent adult abuse, and the so-called "duty to protect." However, there are other, lesserknown exceptions also required by law.

When should a counselor breach confidentiality? ›

Can they break it if it involves past events? Therapists will only break confidentiality if there's an immediate cause for notice. Harm to self or others; or legally obligated to do so (releasing their records by court order if someone is involved with a crime).

What is a good confidentiality statement? ›

I agree that I will not, during my employment with the Company, improperly use or disclose any proprietary information or trade secrets of my former or concurrent employers or companies, if any, and that I will not bring onto the premises of the Company any unpublished document or any property belonging to my former or ...

What to do when confidentiality is breached in counseling? ›

Breaking confidentiality may constitute therapist malpractice. If you think your therapist has committed malpractice by revealing your private information, or committed some other form of abuse, you should consult with an experienced medical malpractice attorney to discuss next steps.

What is the difference between privacy and confidentiality in counseling? ›

Confidentiality is an ethical duty that prevents certain people from sharing information with third parties. Privacy is the right to freedom from intrusion into one's personal matters or information. Privacy has roots in common law and the Fourth Amendment to the U.S. Constitution.

Can you see two therapists at once? ›

The biggest exception is when you are doing individual therapy as well as family or couples therapy – in this case, you absolutely should have two different therapists! This avoids potential conflicts of interest, splitting, miscommunication, and bias in therapy.

Is it okay for a therapist to hug a client? ›

It is OK for your therapist to hug you if you give them permission. Most therapists won't initiate a hug with you. But they may give you one if you request it. If they do give you a hug, they should ask you for permission first.

Can therapists talk to other therapists? ›

There may be times when your therapist discusses your situation with other therapists or their supervisor, which is known as consultation, but even in those situations, the therapist is obligated to keep your identity and privacy as much as possible.

What can be considered confidential information? ›

Confidential information is information disclosed by one party to another in any way that is designated as confidential. It can be communicated directly, indirectly, orally, in written form or by inspection of tangible objects like documents, prototypes, samples, production plants and equipment.

What are some examples of confidential information include? ›

The following information is confidential:
  • Social Security number.
  • Name.
  • Personal financial information.
  • Family information.
  • Medical information.
  • Credit card numbers, bank account numbers, amount / what donated.
  • Telephone / fax numbers, e-mail, URLs.

Is everything I tell my therapist confidential? ›

You should know that therapists are required to keep the things you tell them confidential– with a few exceptions. For example, if they have reasonable cause to suspect you're a danger to yourself or someone else they may need to involve a third party to ensure everyone's safety.

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