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Essay / Research Paper Abstract
3 pages in length. The writer briefly discusses the legal and ethical implications of breaching confidentiality when one spouse discloses he is HIV positive but has not told the other spouse. Bibliography lists 3 sources.
Page Count:
3 pages (~225 words per page)
File: LM1_TLClegethther.rtf
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Unformatted sample text from the term paper:
the context of couple, family or group treatment, the therapist may not reveal any individuals confidences to others in the client unit without the prior written permission of that individual"
(AAMFT, 2002). At the same time, however, professionals who are told things under the protection of client/counselor privilege are not covered by this industry standard if the information falls
under an umbrella of illegal activity, not the least of which includes "confirmation of a fatal and contagious disease to an identifiable third party who is at a high risk
of contracting the disease" (Sacred Heart University, 2005), which is noted in subpart 6A of MN Board of Marriage and Family Therapy Permanent Rules Chapters 5300.0100 - 5300.0360. This
section of the MN code defers to Minnesota statute 148B.39 for exception to client/counselor confidentiality by stating the exception is valid if "failure to disclose the information presents a clear
and present danger to the health or safety of an individual" (Office of Revisor of Statutes, State of Minnesota, 2007). The extent to
which counselors are expected to keep patient disclosure confidential is both grand and far-reaching. A clients confessions that constitute an illegal action provides special conditions under which the counselor
is bound by law to report; however, when a clients nonthreatening personal information is distributed to others within the client unit without his or her knowledge/permission, this constitutes a breach
of confidentiality whereby the counselor has overstepped ethical - and perhaps even legal - limits. Divorce is not a direct threat as detailed in Minnesota statute 148B.39 so Hopes
disclosure cannot be breached either ethically or legally, while Pauls disclosure stands to threaten Hopes life if she is not made aware of her options. Prior to taking the
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