Ethics in Drug and Alcohol Counseling. CCAPP Section 3,Chapter 5, Questions and answers, 100% Accurate.

Ethics in Drug and Alcohol Counseling. CCAPP Section 3,Chapter 5, Questions and answers, 100% Accurate. What are Ethics - -The discipline of dealing with what is good and bad with moral duty and obligations- ethics are the principles of conduct governing an individual or group Name the three perspectives of ethical considerations - -1. Moral/professional judgments 2. Legal or regulatory 3. Ethical implications What is a moral judgment - -The individual counselor's own value system. "Do I feel comfortable doing ___________ ? " Name 3 Legal or regulatory considerations for counselors - -- Qualified to provide service, scope of practice -Be aware of state licensure and certification laws - Must refer if not qualified or unethical Define Ethical implication - -Principles set forth by the ethical standards governing a particular profession When considering ethical implications counselors should - -a. Responsible to know and understand the ethical principles whether state or national guidelines b. Consider all implications and apply to each client c. All variables must be reviewed in each case ( medical, legal) d. Confidentiality, except when potential harm to self or others tive to moral and social codes f. Be conservative in judgement and consult with other professionals g. Be aware of areas of competence and appreciate weaknesses What are Patient rights concerning Involuntary Commitment - --Patients are constitutionally entitled to treatment -Commitment without treatment violates due process -Must be treated in the least restrictive environment - Some states give the right to refuse treatment associated with negative side effects (psych drugs) What are some of the Substance abuse patient considerations - -- Patients are often pressured by others to undergo "volunteer " treatment - Sign consents but often are not truly informed - dependency characterized by self-delusion and it is sometimes necessary for the counselor to use coercion - professionals must offer freedom of choice and least restrictive treatment What are some of the Abuses of patient rights in where and how treatment is provided? - --person forcing client into treatment owns facility - employee organizations make arrangements with single treatment facility -All reduce patient choice and lower quality of care Why has there been a decline in Large chain private care facilities? - --abuses uncovered in 1992 suggested large chains not ethical -Inappropriate admissions -Failure to provide least restrictive care - Paying counselors for referrals -Inappropriate length of stay What is the basic principle of confidentiality - -No information divulged by patients in the course of treatment even the fact that the person is or is not a patient ina treatment facility may not be revealed without written consent of the patient when he/ she is rational and drug free. State Confidentiality laws differ from federal in what ways? - --May afford Individuals greater privacy than federal law - State law may not be less stringent than federal law, if they are federal law prevails - Violations may result in fines of up to $500.00 for first offense and up to $5000.00 for subsequent What treatment programs federal confidentiality laws apply to? - -- All programs providing alcohol or drug abuse diagnosis, treatment, or referral for treatment that are federally assisted Federally assisted programs covered by federal confidentiality laws include - --Programs receiving any type of federal a funding - Programs receiving tax exempt status - Programs authorized to provide services by the federal government ( methadone) - Programs conducted directly by the federal government or state or local government that recieve federal funds What is the primary intent of confidentiality laws? - -To prevent disclosure of information, both written and verbal, information that a would identify a person as a patient receiving alcohol or drug treatment. This includes patients applied but not in treatment , former and deceased patients Confidentiality laws prohibit disclosure of - -- The fact that person is a patient in treatment cannot be revealed or denied without expressed written consent. -Response to such an inquiry the answer should be " according to federal law, I can neither confirm or deny the presence of any client in our facility ." What is the standard for signed consents? - -- consent for must specify what information will be disclosed - To whom the disclosure will be made -Set time limit for such release of information. - Blanket release forms are to general and are never appropriate A written disclosure of regulations to patient must include: - --circumstances in which disclosure can be made without patients consent -Violations of regulations maybe reported as a crime -warning that committing or threatening a crime on premises against staff can result in information -Program must report suspected child abuse -Reference to federal laws and regulations How should patient records be secured? - -- Must be kept in secure room, locked file cabinets or similar protected places -Written procedure on who has access -Single staff member(director?) should handle inquiries and requests for information What is privilege? - -A legal term that refers to the individuals right not to have confidential information revealed in court or other legal proceedings What is the difference between confidentiality and privilege? - --Privilege is Similar to confidentiality but much more narrow in scope applies specifically to court and legal proceedings -Client is the holder of privilege - No confidential information can be released unless client waives privilege Privilege is waived when: - --Client has consented to the release of information -Client has disclosed a significant part of the information to a third party - Certain legally defined situations which vary from state to state. ( client sues counselor) - Once the client has waived privilege therapist has no grounds for withholding information How does privilege apply to Drug and alcohol counselors? - -- Counselors have confidentiality but most states do not view this as privilege -If subpoenaed to testify or release records they usually cannot be excused under laws relating to privilege -In some states privilege applies to a person whom client reasonably believes is a licensed professional. - It is the responsibility of the therapist to be aware of state laws