How Legal and Ethical Considerations of Group and Family Therapy differ from Individual Therapy
Legal and Ethical Considerations
Top of Form
How Legal and Ethical Considerations of Group and Family Therapy differ from Individual Therapy
According to the U.S. Department of Health & Human Services (2014), the Health Insurance Portability and Accountability Act (HIPAA) stipulates that healthcare professionals must protect their clients’ information from any individual or corporate entity that is not directly involved in providing care to the client unless the client gives consent for certain persons to be privileged to their private health information. Lamp, Avallone, Maieritsch, Buchholz, and Rauch (2018) explained that individual therapy is based on a personalized face-to-face meeting between the client and the counselor which is allows for more focused discussions; there are no other persons in the room with the client and the provider, clients can open up about the issues troubling them, thereby encouraging an atmosphere that enables change in thinking and behavior. How Legal and Ethical Considerations of Group and Family Therapy differ from Individual Therapy.
McClanahan (2014) noted that client information disclosed during individual therapy session is shared with only the provider who must not disclose clients’ private information to any person without confirmed prior authorization; therefore, the therapist and the client must develop a trusting relationship that allows the client to speak freely. Since individual therapy involves the provider and only one person, clients are more likely to participate actively in their treatment because there is less distraction unlike in group and family therapy (McClanahan, 2014). How Legal and Ethical Considerations of Group and Family Therapy differ from Individual Therapy
Family and group psychotherapy are effective and therapeutic approaches to treating several types of mental illnesses (American Association for Marriage and Family Therapy, 2011). In group therapy, it is difficult to manage the dissemination of information with other individuals in the group or even other family members who are participants during the group session (Shaw, 2015). Every member expects the other members of the group to protect the confidentiality of the information disclosed by any member of the group; it is easier for a client who is getting individual therapy to open up to the therapist during counseling and be more forthcoming with disclosing personal and private information (McClanahan, 2014) How Legal and Ethical Considerations of Group and Family Therapy differ from Individual Therapy. For example, a client with a history of sexual assault may not feel comfortable providing a detailed description of the experience in the presence of other people in the group session. Gutteling, Montagne, Nijs, and van den Bosch (2012) mentioned that an advantage of group therapy is the opportunity that one therapist has to treat several clients at the same time.
The Impact of Differences on Therapeutic Approaches in Group and Family Therapy
Family therapy may be initiated when the therapist invites a significant other, another member of the client’s family, or an entire family to join in the therapy sessions. Mignone, Klostermann, Mahadeo, Papagni, and Jankie (2017) noted therapist must be aware of the legal and ethical consequences of breach in clients’ right to confidentiality and so must be cautious about what to divulge when it comes to personal health information of their clients. Factors such as the client’s ethnicity, sexual orientation, religious persuasions, cultural expectations, or religious beliefs may sometimes affect the extent of client disclosure regarding their issues (Sori and Hecker, 2015) How Legal and Ethical Considerations of Group and Family Therapy differ from Individual Therapy. It is important that from the beginning of the process, the therapist must determine the type of information that the client would want the rest of the family to know about before proceeding with family therapy. To this end, one of the roles of the therapist is to educate the group on the reasons for maintaining patient confidentiality of other members of the group right from the start of treatment. In a group session, where participation is encouraged, it becomes more difficult to regulate how much client’s information is disseminated to other people (Shaw, 2015). Also, therapists should not disclose the private discussions that an individual member might have shared with them to another family member or group member. McClanahan (2014) explained that even though limiting the spread of clients’ personal health information can be difficult to control within a group setting, it is still expected that members accord each other respect by protecting group member’s right to confidentiality.How Legal and Ethical Considerations of Group and Family Therapy differ from Individual Therapy
Trust is another concept that must be maintained by the client and the therapist; violation of this trust can negatively impact the outcome of the therapy and treatment (McClanahan, 2014). There should be an on-going conversations about confidentiality, giving the therapist the opportunity to uphold the client’s right which will reduce the likelihood of breaching client confidentiality (Shaw, 2015). Some clients may not be forthcoming with expressing their feelings due to their ethnic, religious, cultural, and societal biases; these limitations may prevent full disclosure from the client thereby hampering the progress the client may have made and negatively impacting the clients’ treatment outcome (Sori and Hecker, 2015). How Legal and Ethical Considerations of Group and Family Therapy differ from Individual Therapy. One of the advantages of group therapy is that it ensures better time management the client and the therapist (McClanahan, 2014). For example, in group therapy, the therapist provides therapy to more than one client at the same time, allowing clients greater access to treatment (Wheeler, 2014). Also, family or group therapy ensures cost-effective treatment for clients in therapy because the cost of group therapy is lower than the cost of providing individual therapy (McClanahan, 2014). How Legal and Ethical Considerations of Group and Family Therapy differ from Individual Therapy
American Association for Marriage and Family Therapy (2011). AAMFT code of ethics. Retrieved from https://www.aamft.org/resources/lrm_plan/ethics/ethicscode2001.asp
Gutteling, B. M., Montagne, B., Nijs, M., & van den Bosch, L. (2012). Dialectical behavior therapy: is outpatient group psychotherapy an effective alternative to individual psychotherapy? Preliminary conclusions. Comprehensive Psychiatry, 531161-1168. doi:10.1016/j.comppsych.2012.03.017. How Legal and Ethical Considerations of Group and Family Therapy differ from Individual Therapy
Lamp, K. E., Avallone, K. M., Maieritsch, K. P., Buchholz, K. R., & Rauch, S. M. (2018). Individual and group cognitive processing therapy: Effectiveness across two veterans affairs posttraumatic stress disorder treatment clinics. Psychological Trauma: Theory, Research, Practice, And Policy, doi:10.1037/tra0000370
McClanahan, K. K. (2014). Can confidentiality be maintained in group therapy? Retrieved from http://nationalpsychologist.com/2014/07/can-confidentiality-be-maintained-in-group-therapy/102566.html
Mignone, T., Klostermann, K., Mahadeo, M., Papagni, E., & Jankie, J. (2017). Confidentiality and family therapy: Cultural considerations. ARC Journal of Psychiatry,2(1), 9-16. Retrieved from www.arcjournals.org
Shaw, E. (2015). Ethical practice in couple and family therapy: Negotiating rocky terrain. Australian and New Zealand Journal of Family Therapy, 36(4), 504-517. https://doi.org/10.1002/anzf.1129.How Legal and Ethical Considerations of Group and Family Therapy differ from Individual Therapy
Sori, C.F., & Hecker, L.L. (2015). Ethical and legal considerations when counselling children and families. Australian and New Zealand Journal of Family Therapy,36(4), 450-464. https://doi.org/10.1002/anzf.1126
U.S. Department of Health & Human Services. (2014). HIPAA privacy rule and sharing information related to mental health. Retrieved from https://www.hhs.gov/sites/default/files/hipaa-privacy-rule-and-sharing-info-related-to-mental-health.pdf
Wheeler, K. (Eds.). (2014). Psychotherapy for the advanced practice psychiatric nurse: A how-to guide for evidence-based practice (2nd ed.). New York, NY: Springer Publishing Company.
Bottom of Form
Legal and Ethical Consideration
Top of Form
Legal and ethics
Legal and ethical consideration are very important during therapy to protect patient privacy. And as a practitioner, the code of ethics requires that I must adhere to the code. Different states have different laws that govern privacy and thus one should familiarize with them and recognize the extent and limits of confidentiality regulated by law. The Health Insurance Portability and Accountability Act (HIPAA) contains a privacy rule that creates national standards to protect individuals' medical records and personal health information, including information about psychotherapy and mental health. How Legal and Ethical Considerations of Group and Family Therapy differ from Individual Therapy
Group verses individual therapy confidentiality
In group therapy and family therapy, confidentiality is not guaranteed, according to McClanahan 2014, the information revealed to the therapist is also revealed to other group members, and there is no guarantee that other group members will maintain confidentiality. For individual therapy, at least it’s between the therapist and the client and therefore confidentiality is maintained. According to The APA Ethical Guidelines, there is little specificity regarding confidentiality in group therapy. How Legal and Ethical Considerations of Group and Family Therapy differ from Individual Therapy
The difference of group therapy and family therapy from the individual therapy is the privileged information. In most states, privileged communication does not exist in group settings due to the third-party rule, which states that information revealed in front of a third party was not intended to be private and is not privileged, McClanahan (2014). Therefore, group members may be called to testify against their peers regarding information obtained in group sessions unless provided by a state statute. On the other hand, individual therapy notes are confidential and privileged. According to U.S. Department of Health &Human Services. How Legal and Ethical Considerations of Group and Family Therapy differ from Individual Therapy(2014), Privacy Rule requires a covered entity to obtain a patient’s authorization prior to a disclosure of psychotherapy notes for any reason, including a disclosure for treatment purposes to a health care provider other than the originator of the notes [45 CFR 164.508(a)(2)]. How Legal and Ethical Considerations of Group and Family Therapy differ from Individual Therapy
Impact your therapeutic approaches
The impact of these differences on therapeutic approaches is the consequences of breach these confidentiality and privileges. Remember that a breach of confidentiality can be a malpractice liability (Loewenberg, Dolgoff, & Harrington, 2000). The client competence is also important because impaired cognition may impair the understanding of the consents entered between the client and the practitioner or is obtained under duress. Other consideration that may arise is mandatory reporting and mandated treatments which may impact therapy approaches.How Legal and Ethical Considerations of Group and Family Therapy differ from Individual Therapy
U.S. Department of Health &Human Services. (2014). HIPAA privacy rule and sharing Information related to mental health. Retrieved from http://www.hhs.gov/sites/default /files/ocr/privacy/hipaa/understanding/speail/mhguidencepdf.pdf
Loewenberg, F. M.; Dolgoff, R. & Harrington, D. (2000). Ethical decisions for social work practice, 6th edition. Itasca, IL: F. E. Peacock.
McClanahan, K. K. (2014) Can confidentiality be maintained in group therapy? Retrieved from http://nationalpsychologist.com/2014/07/can-confidentaility-be-maintained-in- group-therapy/102566.html Bottom of Form. How Legal and Ethical Considerations of Group and Family Therapy differ from Individual Therapy