ACA Code of Ethics, Article Critique Example

ACA code of ethics application

This article case study reveals an alleged unethical practice whereby a professional therapist was continuously speaking about clients with another person without the client’s permission. The therapist contended when apprehended frequently regarding the practice being unethical that no names were called and it was alright to discuss ideas to enhance practice. ACA code of ethics A – H specifically outlines how a professional therapist must conduct him/herself with regards to clients ‘ privacy and confidentiality.

Code B explains that, ‘Respect for Confidentiality, counselors must protect the confidential information of prospective and current clients. Counselors disclose information only with appropriate consent or with sound legal or ethical justification’ (B.1c). When reviewing this code alone the therapist seems to be in serious violation of the respect for confidentiality code of ethics. First there was no consent from these clients to have their business discussed at lunch break with any other person as cordial conversation. Second, if they had given consent it had to be written and the reasons had to be obtained through legal consent of the court, which ultimately had to be within justifiable cause (ACA, code of ethics, 2014) .

For example, if the therapist had to testify in court about the client’s condition then this would have been reasonable cause. Prior to testifying consent documents had to be signed giving him the authority to disclose any type of information whether a name was mentioned or not. It is breach of confidentiality. Further, during one of the discussions the person to whom the information was delivered recognized the information as pertaining to a colleague. Again this demonstrates serious breaches in confidentiality (ACA, code of ethics, 2014)

Besides, B.3 specifies how information sharing must be conducted. Counselors must make every effort to ensure privacy and confidentiality of clients are maintained by subordinates, including employees, supervisees, students, clerical assistants, and volunteers (ACA, code of ethics, 2014). Importantly, if information must be kept confidential from these categories of workers within the same environment, how ethical was it for these therapists to engage in lunch break conversations regarding clients’ profiles? Surely, this is a violation for which the agency could be sued for breach of confidentiality. On the first instant disclosure without consent and breach of confidentially by not ensuring that information is not disclosed to other employees in the organizations.

This therapist’s argument when placed before the ACA ethics committee that he never revealed a name and was seeking advice again is confounded. If the person could have detected information relevant to a particular client without revealing a name it was evident that a breach of confidentiality was created. Besides, revealing client’s personal data consistently during lunch breaks and at other forum was not seeking advice, it was merely sharing information without legal consent.

B.7 clearly states that case consultation, which this therapist defense was aimed to distinguish, is to be undertaken only for professional purposes and the information shared must be relevant to the consultation. Again this therapist was out of compliance with his consultation tactics. He sought consultation at inappropriate places and with unqualified staff, who could not give expert advice.  This therapist had to be functioning within the professional competence for which he trained (C.2.), if he had to be seeking advice then he was incompetent (ACA, code of ethics, 2014).

References

ACA code of ethics (2014).As approved by the ACA governing council. Retrieved on April 15^th, 2014 from http://www.counseling.org/Resources/aca-code-of-ethics.pdf