INTRODUCTION

Confidentiality is critical to the effectiveness of counseling. It ensures the privacy needed on

both the counselors end to be effective, and the clients’ end to find closure. While there is a
need for privacy, there are times when the duty to protect others overrides privacy. Thus, a
breach of confidentiality is in order. A video podcast related to duty to warn and protect was
viewed and both the counselors end to be effective, and the clients' end to find closure. While
there is a need for privacy, there are times when the duty to protect others overrides privacy.
Thus, a breach of confidentiality is in order.
Furthermore, the role of a professional counselor as a guardian of confidential information
revealed to him by his client is been justified here in after, as well as few exceptions to it.

Confidentiality is an essential part of the counseling relationship. A client must be able to trust
that the personal information he or she shares with you will not be revealed to other people. To
protect their professional relationships, a counselor must explain the benefits and problems
inherent in counseling services and clarify the limits of confidentiality to the client. Importantly,
counselors have their own set of professional obligations which vary slightly from those of
other mental health providers and which will vary from state to state.

Explaining Confidentiality
1. Provide informed consent. To give informed consent, the counselor must explain the
benefits and risks of counseling as well as its alternatives. They must also explain state laws
regarding when they may be required to break confidentiality and describe how they might be
required to do so. The counselor must request permission to record counseling sessions in
writing or via video and audio. Counselors have a wide range of issues they should raise during
a discussion of informed consent.

 These include the purposes, goals, techniques, and limitations of counseling.

 The counselors should discuss their qualifications, their credentials, their relevant
experience, their approach to counseling and provisions for continuation of service
should the counselor become unavailable to continue treatment.
 You should also explain fees, billing, and procedures in case of nonpayment.
 If any supervisors or peers will review records, this should be noted in the informed
consent procedure.
2. Explain protection procedures. To obtain informed consent you need to explain how you will
protect confidentiality. This includes detailing how records will be stored. It also includes
explaining cases in which the client’s comments are not confidential.
  This applies to electronic communications as well, including after hour phone calls, text
messages, email, and skype sessions. You should discuss how confidentiality shall be
maintained in such circumstances, and what risks to client confidentiality emerge when
you are contacted after hours.
3. Give the patient a form to sign. You should provide a written form for the patient to sign,
authorizing informed consent. This should remain in your patient’s file. The language of the
form is subject to change, but it should be inviting and easy to read. It should also cover most of
the aforementioned points.

 It is advisable that you keep a copy of the form in the lobby so that patients can read it
before speaking to you.
4. Get parental permission for minors. When counseling those under 18, informed consent
must come from a parent. You should have two separate forms, one informed consent form
that the minor signs and another consent for treatment of minors form that the parent signs.
5. Describe research. If the sessions will be the basis for published research, this should be
disclosed to the patient. Whether or not they will be anonymous and how their anonymity will
be protected must be discussed.

Protecting Client Records

1. Store records safely. To maintain confidentiality, it is the counselor's responsibility to keep
the client's records safe and appropriately secured. Records should be locked away where only
the counselor can reach them.
2. Protect records at home. It is important that you lock away documents at home as well as at
the office. However, you might need to step away from your desk or take an emergency phone
call with others around. You should ensure that anyone you reside with is aware of
confidentiality procedures.

 You should inform anyone with whom you reside what areas are off limits.
 You should also make it clear to anyone around when a phone call is confidential. Close
the door and inform them that they should leave you alone.
3. Provide records to client. A client may request his or her own records in most situations. The
counselor however can refuse to provide access to portions of the records if it will cause harm
to the client. The counselor must document the request of the client and the reason for
withholding the information.

 When there are multiple clients, such as with family counselling, then the counselor
should only provide records relevant to the individual client, not other clients in the
group.
4. Do not release records to any third parties. A client's records are only to be released to a
third party if the client has provided written consent. This includes third parties who pay for
treatment.

 With minors it is important to also obtain consent from parents before releasing
information to a third party.
5. Be aware of exceptions. There are some exceptions when confidentiality should not be
preserved. These vary somewhat with state law. You should make both yourself and your
clients aware of these exceptions. Generally there are a few standards for the lapse of
confidentiality:

 Confidentiality is waived when the client makes threats of suicide or homicide.

 It is also waived when information is disclosed relevant to the abuse of children or the
elderly.
 Depending on the state in which you operate, you might be required to reveal to a third
party when your client has a life-threatening disease that could be communicated to
said third party.
 If a court subpoenas your records you should ask for written consent from your client. If
that is not forthcoming, it is your responsibility to try to limit or prevent the disclosure
of records.
6. Stay current with counseling ethics and regulations. Counseling associations such as the
American Association of Marriage and Family Therapists (AAMFT), the American Counseling
Association (ACA )and the American Mental Health Counselors Association (AMHCA) all provide
their members with a set of ethics for conducting counseling which include how to maintain
confidentiality in a therapeutic relationship. You should also familiarize yourself with state
regulations. When a counselor finds him or herself in a situation where maintaining a client's
confidentiality becomes a problem, consulting with colleagues and/or a direct supervisor can
help the counselor with appropriate decision-making. A counselor may also discuss
confidentiality concerns with his or her own therapist, so long as they don’t reveal information
that may identify the client being discussed.

Protecting Against Lapses in Conversations

1. Avoid confidential details in discussions with peers. When a counselor seeks advice from a
fellow professional about a client, they should not disclose confidential information.
Information that is provided should not allow for the identification of the client. Furthermore, it
should be limited to what is necessary to obtain relevant suggestions
2. Change details. When engaged in conversation with friends or family, change important
information about clients. Alter facts so that the client will be in no way identifiable.
3. Do not engage in conversations in public. All conversations about clients should be in a
private setting. If you receive an urgent phone call from a client, try to find a private place from
which to return the call.
4. Do not acknowledge clients in public. Clients might not want their association with you to be
public knowledge. Do not acknowledge them, unless they acknowledge you.

When Counselors Must Break Confidentiality

Unfortunately, there are some situations in which a counselor will not be able to keep details
shared in counseling sessions confidential. For example, a patient may discuss feelings of
depression or anger management problems with a counselor and expect these expressions to
be kept confidential. If, however, the depressed patient reveals plans to commit suicide or the
patient dealing with rage control issues threatens to harm another person, the counselor has
legal responsibilities to break confidentiality and alert the appropriate medical or legal dealing
with rage control issues threatens to harm another person, the counselor has legal
responsibilities to break confidentiality and alert the appropriate medical or legal authorities to
prevent patients from becoming dangers to themselves or others. The same is true for patients
who witness child or elder abuse. Counselors may also be required to submit records to
authorities in the event that law enforcement agencies request them.

CONCLUSION
Confidentiality is an important aspect of counseling. This means that under normal
circumstances no one outside the Counseling Center is given any information - even the fact
that you have been here - without your expressed written consent. Our primary goal is to
provide you with a safe environment in which you feel comfortable to discuss your concerns.
A professional counselor, as cited in the study is one who will not allow his psychological
challenges to distort good professionalism. That is, he is one that is emotionally stable.
A counselor should always keep his client’s confidential record away from third party, this is the
major role of a professional counselor.

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