Running Head: ETHICAL VIGNETTE
Ethical Vignette Paper #1
Jodi Walters
Liberty University
Ethical Vignette 2
Abstract
All school counselors are considered mandated reporters. Therefore, we have a duty to report
when our students or clientele is considering harming others or themselves. In reference to the
video Are You Liable If You Have No Duty to Warn?, this assignment will summarize the case
that was presented, the laws of West Virginia in regards to Duty to warn, how the ACA Code of
Ethics perceives Duty to Warn, and the liability counselors face when it comes to protecting the
students or clientele.
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Introduction
There are several factors that need to be considered when a student or client is going to
come in for a counseling session. These factors include confidentiality, duty to warn, duty to
report, and privileged information. Everyday a counselor is put into a situation where ethical
dilemmas occur and it is up to the counselor to decide how they will handle the information. In
regards to these dilemmas it is imperative of the counselor to have an informed consent form on
file and the form should explain in detail confidentiality, duty to warn, duty to report, and
privileged information. Having your student or client understand these factors, will allow them to
have better sense of what is being required and how their sessions will be handled. In regards to
the case in Utah, the therapist failed to warn the officer of the potential danger the client
possessed. Every state is different when it comes to Duty to Warn, however it is also the
responsibility of the counselor to know when to break confidentiality when it comes to the safety
of the client, themselves, or others who could potentially be involved in the situation.
Are You Liable If You Have No Duty to Warn? Video
Ron Simm for Negley Associates Underwriting Managers presented a case in regards to
duty to warn and asked the question if counselors know their state laws in regards to a harmful
patient. A therapist in Utah was seeing a client who was suicidal and asked law enforcement for
assistance in transporting the patient to a secure psychiatric unit. The therapist knew that the
client has a history of violent behavior when came to guns and would wave them around at home
as well as carry one in his vehicle. The client was asked if they had a gun, and the response from
the client was not forth coming with a clear answer. The therapist called dispatch, which they
asked if the client had any weapons and the therapist, stated no. When law enforcement arrived,
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there was a struggle between an officer and the client. The client has a gun in his pocket and it
discharged. The result of this action was the officer being shot in the foot.
According to the Utah State Statute 78B-3-502 Limitation of a Therapist's Duty
to Warn states, “a therapist has no duty to warn or take precautions to provide protection from
any violent behavior of his client or patient, except when that client or patient communicated to
the therapist an actual threat of physical violence against a clearly identified or reasonably
identifiable victim” (Utah State, 2012). Therefore, the therapist was not obligated to provide any
additional information in regards to the behavior of their client. This went to court and the judge
ruled in favor of the law enforcement officer. Even the Utah State Statute there is no duty to
warn, there really in no such thing but a duty to protect. This means the therapist had a duty to
protect everyone involved. The court ruled in favor of the law enforcement officer.
ACA Code of Ethics and West Virginia Laws
In the state of West Virginia there is a permissive duty to warn. This means that it is
optional for the counselor to report information instead of being mandatory however, in a school
setting the counselor is a mandated reporter therefore they have no choice but to report the
behavior. According to the WV legislature ARTICLE 3. CONFIDENTIALITY §27-3-1.
Definition of confidential information; disclosure; (5) To protect against a clear and substantial
danger of imminent injury by a patient or client to himself, herself, or another
(http://www.wvlegislature.gov/wvcode). This would mean that the counselor should be reporting
the behaviors of their student or client even though there is only a permissive duty to warn in
place. The ACA Code of Ethics states in B.2.a. Serious and Foreseeable Harm and Legal
Requirements “the general requirement that counselors keep information confidential does not
apply when disclosure is required to protect clients or identified others from serious and
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foreseeable harm or when legal requirements demand that confidential information must be
revealed. Counselors consult with other professionals when in doubt as to the validity of an
exception. Additional considerations apply when addressing end-of-life issues” (2014). Also
under the WV legislature ARTICLE 3. CONFIDENTIALLY §30-31-16. Disclosure. All
information communicated to or acquired by a licensee while engaged in the practice of
counseling or marriage and family therapy with a client is privileged information and may not be
disclosed by the licensee except: (a) With the written consent of the client, or in the case of death
or disability, with the written consent of a personal representative or other person authorized to
sue, or the beneficiary of any insurance policy on the client's life, health or physical condition;
(b) When a communication reveals the contemplation of an act dangerous to the client or others.
Given this information and if this situation was set in the state of West Virginia, the counselor
would have had to report the behavioral issues in order to protect everyone involved. Without
reporting the behavior, the counselor would be held liable for not disclosing pertinent
information.
What Would You Do?
According to Corey, Corey, Corey (2018), counselors should make sure they are taking
histories, keeping accurate notes, advise clients of the limits of confidentiality, keep
documentations of threats clients have made, seek consultations from other counselors, and
record steps that have been taken to protect others. The informed consent form is a way for the
therapist to have documentation of the clients behavior. Although the ACA Code of Ethics states
B.1.c., counselors must reserve respect for confidentiality (2014). Even though the therapist is
supposed to keep confidential information, in the informed consent form they can cover what
they can and cannot keep confidential. The ACA Code of Ethics B.1.c confidentiality is
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addressed and it is actually opposing the right of the client’s privacy when the need for the
protection of the client or others is at risk of serious harm or endangerment (2014). Therefore
since the client had a history of violent behavior, the therapist should have disclosed this
information. The therapist may not have to go into great detail of the violent behavior but they
due have an obligation to protect those who are involved. If this means their client is going to
hurt themselves or others, the therapist should report the behavior as a duty of protection this
way everyone involved is aware of the potential danger that could happen if the situation should
happen to escalate. If law enforcement had known of the client’s violent behavior, they would
have been able to handle the situation differently.
Conclusion
There comes a time when the safety of others is more important than confidentiality. As
counselors or therapist there is an obligation to report information that could potentially be
harmful to the client or others who are involved. We have a duty to protect everyone no matter
the circumstances. Even though in the state of Utah does not have a duty to warn, it is imperative
that counselor/therapist understand the laws of the state that they live in or where they would like
to practice. The informed consent is in place for a reason and should explain confidentially
thoroughly. If it is does not, then it need to revised so the counselor/therapist is protected. Every
state is different when it comes to duty to warn however, the counselor/therapist must ask
themselves, is it really worth losing licensure if they report someone who is potentially harmful.
Yes it is most definitely worth losing licensure if it means saving the lives of others or the client.
References
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http://www.wvlegislature.gov/wvcode/code.cfm?chap=27&art=3
ACA Code of Ethics. (2014). Retrieved from
https://www.counseling.org/resources/aca-code-of-ethics.pdf
Corey, G., Corey, M. S., & Corey, C. (2018). Issues & Ethics In The Helping Professional.
Boston, MA: Cengage Learning.
Negleyunderwriting. (2011, January 12). Retrieved
from https://www.youtube.com/watch?v=bKarisNo_go
Utah. (2012). Limitation of therapist’s duty to warn. . Retrieved Utah Code
from https://le.utah.gov/xcode/Title78B/Chapter3/C78B-3-P5_1800010118000101.pdf
