Alcohol and Drug Treatment Program Counselor Discussion

Description Topic 6 DQ 1 (Obj. 6.3) You are a counselor working at a publicly funded alcohol and drug treatment program. Your client, Doug, attends one of your counseling groups. He has a previous conviction and is on probation for possession of an illegal substance. He also entered treatment as a court-referred client. Doug’s probation officer is aware that Doug is in treatment, and the officer has sent you a letter requesting that you provide a progress report and an assessment of Doug’s likelihood of relapse. The probation officer will use this information, if favorable, to petition the court for Doug’s early release from probation. Discuss your options and strategies for responding to the probation officer’s request and describe what you would do. Cite relevant legal issues, including federal confidentiality and privacy regulations in your discussion. Identify the specific circumstances under which you would provide the information requested by the probation officer. How would you handle this differently if Doug were voluntarily attending the group? This discussion question is informed by the following CACREP Standard: 5.C.3.c. Strategies for interfacing with the legal system regarding court-referred clients. RESPONSES Re: Topic 6 DQ 1 (Obj. 6.3) This is a tough situation. This scenario involves the potential ethical violation of privacy and confidentiality. However, the P.O. is only going to use the progress report if it can help Doug get off probation earlier. However, counselors still need to take extreme precautions to avoid being sued or held liable for breaches in privacy (Corey, et al., 2015). Doug is also forced to attend the counseling group, meaning he did not voluntarily go and therefore counselors need to be extra sensitive to ensure they do not do anything to break the trust in this relationship. I personally believe the best way to go about this situation, is with consent from Doug. I would explain to Doug that this progress report is necessary to help him, and if it will not help, the probation officer claims it will and cannot be used against him. Without Doug’s consent I would do my best to deny the progress report, unless I was forced to by law. There are strict regulations and consequences for violating privacy regulations with clients who are enrolled in counseling for substance abuse and I could be fined up to $5,000 if I violate the regulations (Brooks, 1970). I also have the opportunity to hire a lawyer to ensure I am staying within all my regulations. The number one rule in counseling is do not harm the client, therefore it is important I do whatever in my power to protect him and put his needs first. Brooks, M. (1970). Appendix B –Protecting Clients’ Privacy. Substance abuse treatment for persons with child abuse and neglect Issues. https://www.ncbi.nlm.nih.gov/books/NBK64900/. Corey, G., Corey, S, M., Corey, C., Callanan, P. (2015). Issues and Ethics in the Helping Professions (9th ed). Cengage Learning. Re: Topic 6 DQ 1 (Obj. 6.3) Providing a progress report or assessment of Doug’s likelihood of relapse may result in a breach of privacy in which the counselor could be held responsible for. Now that the legal system has become increasingly involved with the counseling profession, counselors have to take increased caution in order to avoid being sued (Corey et al., 2014). However it is still important to consider ethical options for the client, even when they may pose a legal risk for counselors. The textbook mentions an article by Zur (2010) that discusses how often risk management has influenced counselors to provide fear-based interventions that compromise the health benefits and clinical integrity for the client. Some options the counselor has in responding to the request would start with checking if the current professional liability insurance policy covers HIPAA privacy breaches. If so, an attorney can be assigned by the insurance agency. The attorney can discuss some legal options that would be in the best interest of both client and counselor. Additionally, it is important for the counselor to keep a current informed consent document geared towards group therapy and discuss the privacy and confidentiality expectations with clients on a periodic basis (Wheeler, 2019). It is also essential that the counselor does not discuss the client’s case with anyone except the attorney. Additionally, the ACA states in section B.6.g that “unless exceptions to confidentiality exist, counselors obtain written permission from clients to disclose or transfer records to legitimate third parties” (American Counseling Association, 2014). Arizona’s confidentiality and privacy regulations state exceptions where health care providers may breach confidentiality including: “8. A federal, state, county or local health officer if disclosure is mandated by federal or state law. A federal, state or local government agency authorized by law to receive the information. The agency is authorized to redisclose the information only pursuant to this article or as otherwise permitted by law.” I would only provide necessary information to the probation officer if legally obligated and through the attorney, and if possible, with written consent from the client. If Doug were voluntarily attending the group, there would not be any legal obligation to breech confidentiality, because it wouldn’t have been mandated by the courts for him to atten Re: Topic 6 DQ 1 (Obj. 6.3) Good Day Class, This scenario seems implicitly complicated, but I see an amazingly simple solution. If the probation officer is being truthful and trying to help Doug than I would discuss with Doug the idea of a progress report. Since the probation officer is only going to use the information if positive it seems there would be no reason Doug would not want the information disclosed. Counselors must attain informed consent and ensure the release of information to a third party is explicitly understood, (ACA 2014). We live in a world where regrettably counselors must be extra careful in order to avoid lawsuits, (Corey et al 2014). That being said even if the solution seems simple, I would consult with a lawyer to ensure all state and federal laws were being followed, I would speak to a supervisor and ensure the proposed progress report didn’t violate any company rules or guidelines and assuming I get the blessing of the supervisor, the lawyer and Doug I would modify my informed consent documentation to reflect that Doug is permissible to the progress report being given to the probation officer. If Doug did not want the information disclosed to the probation officer for whatever reason I would again speak to a lawyer and my supervisor to determine if I have an obligation to give the requested information to the probation officer. If not, I would decline to give report to the probation officer and honor Doug’s wishes. This would be the case whether or not Doug came to the sessions voluntarily. Since the probation officer’s request is not a court order and it does not seem Doug is a threat to himself or anyone else based solely on this information it seems I would have no obligation to report to the probation officer. My primary duty would be to help the patient, in this case Doug achieve a positive result in his treatment.