Running Head: ETHICAL MINUTE 1
Ethical Minute
Student’s Name
Institution Affiliations
ETHICAL MINUTE 2
Identified Problem
In the case study, the receptionist violates the right to privacy and confidentiality when
she disclosed to the husband that the wife had come to visit the counselor. In essence, the
counselor and their employees should uphold the obligation of protecting client confidentiality.
Even though the wife has a relationship with their husband, it should be their obligation and
discretion to share with their spouse. Indeed, as defined in healthcare, confidentiality is an
understood agreement between the counselor and the client (Vesal, 2019). As such, the client
assumes, and rightly so, that all information pertaining to their discussions remains confidential
and not to be shared with third parties. Even though the receptionist provided confidential
information to the husband unintentionally, they were careless with client information. In
particular, the receptionist did not even verify the relationship between the gentleman and the
client and only assumed the gentleman to be telling the truth. Ultimately, the receptionist
violated the right of confidentiality by unintentionally sharing with a third party.
Applicable ACA Codes
The actions of the receptionist violated the provision of the ethics codes of the American
Counselors Association (ACA). In particular, the ACA code of ethics bestows the obligation of
maintaining confidentiality to counselors and their subordinates in Section B3. In the provision,
the code of ethics asserts that counselors should make all efforts to ensure clients' privacy and
confidentiality is upheld by both subordinates and back up counselors. In upholding the
obligation for confidentiality, counselors are required to ensure that their employees, students,
volunteers, clerical assistants, and supervisees do not share information with third parties
(Kaplan et al., 2017). In sharing information on the patient with a third party, the receptionist, a
ETHICAL MINUTE 3
subordinate to the counselor under section B3, violated the ACA's ethics codes. This section of
the ethics codes considers all subordinates of the counselors to be responsible for maintaining
confidentiality and privacy of their clients.
Applicable State Codes
The upholding of privacy and confidentiality in Florida is regulated through Division
64B4 of the Florida Administrative Code (FAC) and Chapter 491 of the Florida Statutes (FS).
According to FS chapter 491, confidentiality is structured as a duty of the counselor and their
subordinates in upholding the privacy, self-determination, and trust of their clients. In particular,
the statute considers the case of a release of information request by family members concerning
client information to violate confidentiality (Lamb, 2018). Confidentiality of client information
includes all forms of data storage with health statutes granting clients permission to determine
any forms of storage to be used. In essence, therefore, the receptionist violated the statutes'
provisions by disclosing information to a family member without the client's permission.
Applicable Federal mental Health Laws
The handling of client information is governed by the Health Insurance Portability and
Accountability Act of 1996 (HIPAA), which requires client consent before information is
released to family members. Inherently, the receptionist violated this provision by sharing
information pertaining to the client with their parties. Under federal laws, patients should sign
consent forms if they intended to disclose information to family members. In these consent
forms, the client stipulates the specific family members and the nature of the information that
they can access. The receptionist did not even bother to check whether the client had signed a
consent form for information release.
ETHICAL MINUTE 4
References
Kaplan, D. M., Francis, P. C., Hermann, M. A., Baca, J. V., Goodnough, G. E., Hodges, S., ... &
Wade, M. E. (2017). New concepts in the 2014 ACA Code of Ethics. Journal of
Counseling & Development, 95(1), 110-120.
Lamb, L. A. (2018). The Death of the PSQIA for Providers in Florida. U. Fla. JL & Pub. Pol'y,
29, 265.
Vesal, M. (2019). Professional Ethics in the Field of Psychology and Counseling (take a look at
Client’s Confidentiality and Privacy). Medical Ethics Journal, 13(44), 1-19.
