Research Paper: Disclosure Authorized Mandated/Disclosure Mandatory

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[. . .] The calculus of disclosure was a recursive process, with decisions made and remade over time. Disclosure patterns ranged from secretive to full disclosure (Black & Shandor, 2002)." Obviously disclosure of HIV status amongst African-American women can be difficult for a myriad of reasons. Disclosure of one's health status is often necessary so that the proper support can be gathered. In addition status disclosure is also important because it allows everyone in the community to be more educated about HIV and the reality of becoming infected with the virus.

Disclosing the details of child sexual abuse (Harrison, 2005)

Another sensitive area of disclosure involves disclosing the details of child sexual abuse. Sexual abuse is a sensitive issue and disclosing such information can be difficult for the victim. This is true even in settings that are specifically designed to assists young victims in expressing their feeling and experiences such as counseling. Harrison (2005) reports that ". . . most children described pieces of their reported experience or observations throughout the interview process" and ". . . children only disclosed a few pieces of information about the context of possible abuse or the specifics of sexual interactions (127)." The reluctance of children to disclose the details of sexual abuse are similar to the reasons why African-American women in the precious study were reluctant to disclose their HIV status; shame and stigma. Children are particularly vulnerable to feeling embarrassed about sexual abuse and this embarrassment makes it difficult for them to disclose the information.

Harrison (2005) also points out that although the type of disclosure offered by child victims of sexual abuse is limited; it also serves an important purpose. This minimal disclosure is an integral step in assisting children in the healing process. Although children may not be able to articulate everything that has happened to them, what they do disclose is often helpful to counselors as they help the children.

Ethical dilemmas related to disclosure issues

There are many ethical dilemmas that can arise as it pertains to mental healthcare professionals. These dilemmas are prominent amongst therapists whose clients have sex addictions. Although there is an established code of conduct when dealing with such clients, there are still instances that the code of conduct is silent on or has not made clear. Schnieder & Levinson, (2006) discuss the ethical that arise for sex addiction therapist. One of the most common ethical dilemmas is the disclosure of an affair. In many cases a spouse or partner may confess to having an affair. The therapist is then placed in the position of whether or not to tell the spouse who is being cheated on. Disclosure in this type of situation can lead to the end of a relationship or marriage. It may also save someone from catching an STD or experiencing an unwanted pregnancy. According to many therapist who counsel couples follow the code of ethics found below which asserts that "It is inappropriate to conduct conjoint marital therapy when there is a secret alliance between one spouse and an extramarital partner that is being supported by another secret alliance between the involved spouse and the therapist (Schnieder & Levinson, (2006)." In this instance the secret that is held between the counselor and the treating spouse will likely interfere with the ability to counsel the couple. Some therapist will not counsel couples if there is an affair still occurring within the relationship. By doing this the therapist isn't entrapped in a deceptive scenario.

Ethical Issues & Requirements: Criminal Record Disclosures

When an individual seeks employment in certain fields there are often criminal background checks are performed. These checks usually search for felonies, fraud, extortion, and if working with children molestation charges. Criminal records are readily available in every state as a matter of public record unless the file is sealed or the person was a minor when the crime was committed. With this understood many employers believe that knowing the criminal record of an applicant o potential employee is a form of risk avoidance (Naylor et al., 2008). " Legislators, like employers, can assume that a criminal record is an objective indicator of risk and use it as a hurdle requirement, sometimes with no flexibility or scope for discretion. Some occupations specifically prohibit membership by people with particular sorts of criminal record (Naylor et al., 2008)."

Although these types of risk avoidance measures seem harmless they can be problematic from an ethical standpoint because they quite often result in discriminatory practices. For instance, an individual applying for a job might have experienced problems with criminal activity and have a criminal record as a result. Although this criminal activity occurred many years ago and did not involve violence or abuse of another individual and the criminal record of this person has been clear since this time, the employer might decline to hire the individual. This becomes an extremely important ethical issue because if people who have criminal records cannot obtain employment they are likely to become engaged again in criminal activity. In such instances the idea of full disclosure could result in discrimination that has a real and lasting effect on society.

Substance Abuse Counselor and Ethical Dilemmas

Individuals who are dealing with Substance Abuse issues often seek counseling to assist them in overcoming addiction. Toriello & Benshoff, (2003) explains that substance abuse counselors often tow a complex line because on the one hand they are responsible for assisting people who are extremely fragile. At the same time substance abuse counselors often run the risk of getting sued as it pertains to certain issues of mandatory disclosure. For instance, one of the ethical dilemmas that counselors often face as it relates to disclosure involve adolescent clients who struggle with drug addiction that does not include alcohol addiction. In some cases counselors accept a client's desire to consume alcohol in moderation but other counselors demand total abstinence from any substance including alcohol. The disclosure dilemma arises because people under the age of 21 are not supposed to drink; it is illegal. The counselor has a responsibility to keep the confidentiality agreement but at the same time there are serious legal issues that can arise when adults are aware of the illegal activities of minors. Under these circumstances the underage client's disclosure that they are consuming alcohol can be a major problem for the counselor as they seek to assist the patient.

Disclosure with patients consent

There are laws that govern medical facilities as it pertains to disclosures with patient consent. Title 42 Subpart C § 2.31states that this consent must come in written form and be inclusive of the following:

1. Patient Name

2. Reason for the disclosure

3. How much and what kind of information is to be disclosed (Title 42 Subpart C § 2.31).

4. Either the signature of the patient or when the patient is a minor the parent or guardian of the minor. If the patient is deceased or incompetent the signature of the authorized party must be given (Title 42 Subpart C § 2.31).

5. The date the consent is given.

6. "A statement that the consent is subject to revocation at any time except to the extent that the program or person which is to make the disclosure has already acted in reliance on it. Acting in reliance includes the provision of treatment services in reliance on a valid consent to disclose information to a third party payer (Title 42 Subpart C § 2.31)."

7. The expiration date, event, or condition upon which the consent will end if it is not revoked prior to this date. The expiration date must be reasonable so that is can serve the necessary purpose (Title 42 Subpart C § 2.31).

Ethical Decision Making for Correctional Providers

Correctional facilities are in a unique position because of the criminal population that they are served with governing. As such disclosure rules differ somewhat in the context of the correctional facility. According to Bonner & Vandecreek, (2006) although Correctional facilities attempt to not disclose medical or mental health information about inmates, doing so is sometimes necessary. It is necessary because there are times when an inmate's mental or physical health could be a danger to other inmates. In addition there are certain conditions that might cause an inmate to attempt to escape the confines of jail. When such issues arise officials are obligated to disclose information (Pinta, 2009).

Code of Ethics

Code of Ethics within the field of psychology is vitally important to the integrity of the field. For this reason the APA has established a Code of Ethics that are designed to assist psychologist in making ethical decisions. The code has five general principles which are inclusive of Beneficence and Nonmaleficence, Fidelity and Responsibility, Integrity, Justice and Respect for People's Rights and Dignity. As it relates specifically to mandatory disclosure the general principle that applies is Respect for People's Rights and Dignity which states that "Psychologists respect the dignity and worth of all people, and the… [END OF PREVIEW]

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Disclosure Authorized Mandated/Disclosure Mandatory.  (2011, May 6).  Retrieved May 19, 2019, from https://www.essaytown.com/subjects/paper/disclosure-authorized-mandated/3511099

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"Disclosure Authorized Mandated/Disclosure Mandatory."  6 May 2011.  Web.  19 May 2019. <https://www.essaytown.com/subjects/paper/disclosure-authorized-mandated/3511099>.

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"Disclosure Authorized Mandated/Disclosure Mandatory."  Essaytown.com.  May 6, 2011.  Accessed May 19, 2019.
https://www.essaytown.com/subjects/paper/disclosure-authorized-mandated/3511099.