Ethics

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Ethics Confidentiality

• Frank J. Lane

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Introduction

• Basic ethical principles
• Examples of ethical responses to situations
• Confidentiality of customer information
• When you can release confidential information
• Who to contact with questions
• References

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Basic ethical principles

• Autonomy- counselors act in a way that respects
  and promotes a customers right to make their own
  decisions
• Non-maleficence- above all, do no harm.
• Beneficence- counselors promote the good of
  others. Counselors enter the helping profession
  to help others so it is expected that we will
  promote the good of others.

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Basic ethical principles

• Justice-(fairness) Counselors ensure equal
  treatment and resources for all
• Fidelity- counselors make an agreement with
  consumers and establish trust by living up to
  this agreement.
• Veracity- (truthfulness) Without trust, the
  counselor will not be able to establish a working
  relationship with the consumer.

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Autonomy example

• A customer comes in to the one-stop center and
  identifies two job listings for a short order
  cook. You know of two jobs at the University
  Center Hotel because the manager called you
  looking for customers to fill the position. The
  customer meets the minimum qualifications for the
  job. You discuss the job leads with the
  consumer.

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Autonomy example

• However, the consumer is not interested. If one
  of your goals is to respect customer autonomy,
  what do you do?
• 1- refer the client to the short-order cook jobs.
• 2- try and convince the customer to interview for
  the jobs at the University Center Hotel.

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Beneficence example

• A customer whom you have worked with for two
  months secures a job in his field of interest.
  You have worked very hard with this individual
  and put in many work hours assisting him with his
  job search and making calls to employers. The
  customer stops by your office one morning after
  working for approximately 2 weeks and asks if he
  can take you out to dinner to

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Beneficence example

• thank you for all of your hard work. You really
  like this customer but you are torn between
  whats in the best interest of the consumer and
  you. You wish to help your customer and do no
  harm so you would
• 1- Accept his invitation and go out to dinner
• 2- Politely decline and reinforce your
  appreciation for his wanting to thank you

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Justice example

• You are working in the resource room and a there
  are 7 customers working on a job search. One
  customer is attempting to refine their resume and
  the project is taking a considerable amount of
  time. The other customers start to complain that
  they need your attention. You want to ensure
  that all consumers receive an equal amount of
  your time and resources so you

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Justice example

• 1- Continue to work with the customer taking all
  of your time and explain to the other customer
  that they will have to wait their turn
• 2- Politely explain to the customer you are
  working with that you need to spread your time
  evenly across all customers and will be back to
  work with him intermittently

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Confidentiality

• Information that you receive from customers may
  or may not need to be kept confidential.
• Also, the law that governs confidentiality is
  different depending on the nature the information
  about a person.
• Generally, most health, psychiatric and substance
  abuse information is confidential!

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What does confidential mean?

• Confidential means that you cannot discuss
  health, psychiatric and substance abuse
  information about your customer to another person
  without their consent. This means that you
  cannot
• 1) talk to your coworkers
• 2) talk to your family members
• 3) talk to employers

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How do you obtain consent?

• Unfortunately, verbal consent is not advisable in
  matters concerning confidentiality.
• Your agency should have a policy in place and a
  release of information (ROI) form giving you
  permission to discuss specifics about your
  customer to a third party.

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More about release of information

• Releases of information go two ways.
• If you wish to obtain confidential information
  from a physician, hospital, etc. the customer
  must complete a ROI form giving that professional
  or facility permission to release information to
  you.
• If you wish to release confidential information
  to a third party (employer) you must obtain an
  ROI from the consumer giving you permission to do
  so

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When can you release information?

• When the customer signs a release giving you
  permission
• When consulting with other experts or peers
• When working under supervision
• When a customer poses a danger to themselves or
  others
• When the court orders you to make the information
  available

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Release due to suspected abuse

• When the counselor suspects abuse or neglect of a
  child, an elderly person, a resident of an
  institution, or a disabled adult
• Whom do you tell?
• Florida Abuse Hotline [phone]
• Contact your supervisor

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Develop a support network?

• You will probably encounter situations where you
  are unsure how to handle a situation or proceed
  with a customer. In these situations it is best
  to consult with
• Your supervisor
• Licensed professionals who are familiar with
  handling ethical dilemmas and issues concerning
  confidentiality.
• When in doubt?- Ask questions!!!!!!!!

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Group Discussion

• You have been working with a consumer on a work
  search and he informed you that he sustained a
  lower back injury on a previous job. He has 10
  years experience working in construction. He
  applied for a job as a cashier at a local
  convenience store and has been contacted by the
  employer to schedule an interview.

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Group discussion Cont

• The cashier position does not require constant
  lifting but occasionally he will be required to
  check in merchandise and re-stock the shelves,
  which requires lifting. The customer does not
  want to inform the employer of his back injury
  because he is afraid he will not get hired.
• What would you do in this situation?

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Option 2

• What if you discuss options with the consumer and
  he decides to let you talk with the potential
  employer.
• What would you do to ensure that you and the
  consumer are protected in this situation?

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References

• Issues and Ethics in the helping professions, 5th
  edition (1998) Corey, Corey Callahan
• Title 42, Volume 1, Code of Federal Regulations
  (42CFR)
• Florida Statutes 39, 415, 827,