Loading...

Messages

Proposals

Stuck in your homework and missing deadline? Get urgent help in $10/Page with 24 hours deadline

Get Urgent Writing Help In Your Essays, Assignments, Homeworks, Dissertation, Thesis Or Coursework & Achieve A+ Grades.

Privacy Guaranteed - 100% Plagiarism Free Writing - Free Turnitin Report - Professional And Experienced Writers - 24/7 Online Support

Monthly fire drill log template

17/12/2021 Client: muhammad11 Deadline: 2 Day

The So-Called Duty to Warn:Protecting the Public versus Protecting the PatientWilliam F. Doverspike, Ph.D.Drdoverspike.com770-913-0506This article is part of a series of articles related to the evolution of ethics in the new millennium. The opinions expressed are those of the author and do not reflect any official policy or opinion of the GPA Ethics Committee or the State Board of Examiners of Psychologists. This article is designed to be educational in nature and is not intended to provide legal advice. The reader is encouraged to contact an attorney for legal advice regarding state laws governing professional conduct.If you suspect that one of your clients might be dangerous to someone, do you have a duty to warn anyone? What if your client discloses to you a specific threat against a readily identifiable intended victim? What if your client discloses a vague threat against a readily identifiable target with no clearly identifiable victim? What if your client specifies no one at all? What if you have no ability to control or detain your client after he or she angrily walks out of your office after making a vague threat of violence? These questions represent some of the most complex and troublesome ethical dilemmas that confront mental health professionals. Whereas the reporting of child abuse is mandated by law in all 50 states, the so-called duty to warn is more complex because the decision is usually based on the professional judgment of the therapist rather than on any clear legal statute. According to American Psychological Association (APA; 2010) Ethical Standard 4.05 (Disclosures), psychologists may disclose confidential information “to protect the client/patient, psychologist, or others from harm”(p. 7). This standard remains unchanged fromthe previous APA (2002) standard. The APA standard is permissive (“may disclose”) rather than mandatory (“shall disclose”).Although the APA standard permitsdisclosure to protect others, it does not requiredisclosures to warn others. In other words, what is often perceived as a duty to warnothers is in reality a duty to protectothers. The American Counseling Association (ACA; 2014a, p. 7) Ethics Section B.2.a. (Serious and Foreseeable Harm and Legal Requirements) states in part that “The general requirement that counselors keep information confidential does not apply when disclosure is requiredto protect clients or identified others from serious and foreseeable harm or when legal requirements demandthat confidential information must be revealed” (italics added).In contrast to the APA standard, the ACA standard permitsdisclosure to protect others when such disclosure is required(presumably by law).Also in contrast to the APA standard involving unspecified “harm,” the current 2014 version and previous 2005 version of the ACA standard use the more specific term “serious and foreseeable harm,” which itself stands in contrast to the earlier and more immediate term “clear and imminent danger” (ACA, 1995, p. 5). Although Georgia is not one of the 19states that have codified the ACA ethics into their rules and regulations(ACA, 2014b), Section 135-7-.03 (Confidentiality) of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapistsdoes make an allowance for “revealing the confidence of a client...where there is clear and imminent danger to the client or others, in which case the licensee shall take whatever reasonable steps are necessary to protect those at risk including, but not limited to, warning any identified victims and informing the responsible authorities.” Disclosure laws, which vary from state to state, generally come in two forms. Statutory lawsare laws that are legislated by state general assemblies and signed into law by the Governor, whereas case lawsare legal precedents that are adjudicated by appellate courts and signed by Judges. In Georgia, there
is no mandatory statutory duty to warn an identifiable third party of harm, nor is there any statutory immunity from legal liability for psychologists who make such warnings. Because Georgia is one of many states that has codified the APA (2010) Ethics Codeinto its licensing board rules, there does exist a permissive standard allowing such discretionary disclosure although this licensing board rule neither mandates such disclosure nor does it provide immunity or protection for psychologists making such disclosures. For example, under Section 4.05 (Disclosures) of Chapter 510-4-.02 (Code of Ethics) of the Georgia Rules of the State Board of Examiners of Psychologists (2004), there is a discretionary allowance for a licensed psychologist to disclose confidential information in order to “protect the client/patient, psychologist, or others from harm” (p. 6). However, licensing board standardsdo not have the full force of statutory lawbut rather represent administrative rulesunder which licensed psychologists practice. Bradley Center v. Wessner (1982)Although Georgia statutory law does not address the so-called duty to warn, Georgia does have a legal precedent as defined by case law that establishes a duty to protect identifiable third parties (Bradley Center v. Wessner, 1982a, 1982b). In Bradley v. Wessner, the Georgia Supreme Court upheld an appellate decision that determined a failure to exercise control over a potentially violent inpatient who made a clear threat toward a readily identifiable intended victim. In affirming the appellate decision below, the Georgia Supreme Court held that the Court of Appeals properly identified the legal duty in this case: Where the course of treatment of a mental patient involves an exercise of “control” over him by a physician who knows or should know that the patient is likely to cause bodily harm to others, an independent duty arises from that relationship and falls upon the physician to exercise that control with such reasonable care as to prevent harm to others at the hands of the patient. (Bradley Center v. Wessner, 161 Ga. App. 576, supra, at 581, 1982a) Because the Bradley case specifically involved a hospitalized patient over whom some control presumably could have been exercised by the inpatient psychiatric hospital, the case may have limited applicability in outpatient settings where less control can be exercised by the individual practitioner. Furthermore, the case did not involve any legal duty to warn, but instead involved a duty to protect. The hospital’s duty to protect was breached by the negligent release of a dangerous patient who subsequently carried out his threat to kill a readily identifiable person. Garner v. Stone(1999)AlthoughGeorgia case law has established a legal precedent for a duty to protect, there is no statutory duty to warn, nor is there any statutory immunity for a psychologist making such a warning to a third party. In other words, although there is a legally established duty to protect a readily identifiable intended victim from imminent and foreseeable danger, there is no statutory duty to warn the victim nor is there any statutory protection from legal liability for mental health professionals who make such warnings. The absence of statutory immunity means that there is no immunity from professional liability for a psychotherapist making an unauthorized disclosure of confidential information. Although the case was never appealed and therefore never established as legal precedent, in Garner v. Stone(1999) asix person jury in a DeKalb County, Georgia, state court found in favor of a former police officer with Gwinnett County, Georgia, who sued a psychologist for

Homework is Completed By:

Writer Writer Name Amount Client Comments & Rating
Instant Homework Helper

ONLINE

Instant Homework Helper

$36

She helped me in last minute in a very reasonable price. She is a lifesaver, I got A+ grade in my homework, I will surely hire her again for my next assignments, Thumbs Up!

Order & Get This Solution Within 3 Hours in $25/Page

Custom Original Solution And Get A+ Grades

  • 100% Plagiarism Free
  • Proper APA/MLA/Harvard Referencing
  • Delivery in 3 Hours After Placing Order
  • Free Turnitin Report
  • Unlimited Revisions
  • Privacy Guaranteed

Order & Get This Solution Within 6 Hours in $20/Page

Custom Original Solution And Get A+ Grades

  • 100% Plagiarism Free
  • Proper APA/MLA/Harvard Referencing
  • Delivery in 6 Hours After Placing Order
  • Free Turnitin Report
  • Unlimited Revisions
  • Privacy Guaranteed

Order & Get This Solution Within 12 Hours in $15/Page

Custom Original Solution And Get A+ Grades

  • 100% Plagiarism Free
  • Proper APA/MLA/Harvard Referencing
  • Delivery in 12 Hours After Placing Order
  • Free Turnitin Report
  • Unlimited Revisions
  • Privacy Guaranteed

6 writers have sent their proposals to do this homework:

Smart Homework Helper
Accounting & Finance Master
Financial Solutions Provider
Quick Finance Master
Accounting & Finance Mentor
Homework Master
Writer Writer Name Offer Chat
Smart Homework Helper

ONLINE

Smart Homework Helper

As per my knowledge I can assist you in writing a perfect Planning, Marketing Research, Business Pitches, Business Proposals, Business Feasibility Reports and Content within your given deadline and budget.

$68 Chat With Writer
Accounting & Finance Master

ONLINE

Accounting & Finance Master

Being a Ph.D. in the Business field, I have been doing academic writing for the past 7 years and have a good command over writing research papers, essay, dissertations and all kinds of academic writing and proofreading.

$59 Chat With Writer
Financial Solutions Provider

ONLINE

Financial Solutions Provider

I will provide you with the well organized and well research papers from different primary and secondary sources will write the content that will support your points.

$51 Chat With Writer
Quick Finance Master

ONLINE

Quick Finance Master

I will provide you with the well organized and well research papers from different primary and secondary sources will write the content that will support your points.

$71 Chat With Writer
Accounting & Finance Mentor

ONLINE

Accounting & Finance Mentor

I will be delighted to work on your project. As an experienced writer, I can provide you top quality, well researched, concise and error-free work within your provided deadline at very reasonable prices.

$74 Chat With Writer
Homework Master

ONLINE

Homework Master

I have worked on wide variety of research papers including; Analytical research paper, Argumentative research paper, Interpretative research, experimental research etc.

$73 Chat With Writer

Let our expert academic writers to help you in achieving a+ grades in your homework, assignment, quiz or exam.

Similar Homework Questions

Tripartite role of nurse educator - Paris street rainy day demonstrates - Dess lumpkin eisner strategic management pdf - Word document edit - Scottsboro an american tragedy answer key - Http www mathsisfun com pythagoras html - Rercer - Florida gold coast swimming events - SOCW 6111 - Snell's equity 33rd edition - Big shoes to fill case study - The strategic management process is mcq - Costing methods and techniques - Ati ambulation transferring range of motion - How to calculate fte for nursing - Becoming human questions answer key - Molecular shape of sibr4 - 672 san pedro ave sunnyvale ca 94085 - Internet Marketing - Does barry m test on animals - Replace missing values spss - Drops per minute calculator - Selected transactions for thyme advertising company inc are listed here - Questions to ask cultural interview - Week 5 assignment 2 - A sharecropping contract 1866 voices of freedom - Identify the four challenges associated with e business - Ancient greek numeral system - Dr mike israetel height weight - Gerald graff hidden intellectualism - First class accounts mona vale - Floor joist hangers types - Practice with organic reactions questions worksheet - Zoo digital share price chat - 12/70 park street st kilda west - "Risk Communication" - Week 3 Project - Self introduction speech outline template - Charlie and the chocolate factory setting - Dometic toilet flush switch - 2711 indian mound trail coral gables fl 33134 - Final Project - Endodontic files color coding mnemonic - Amway the cult of free enterprise pdf - Is bouquet a collective noun - Itil certification management board icmb - Discussion / read chapters 4 and 5 / Answer and comment / 200~300 words for answers, 100 words for comments / need in 6 hours - Critical bounty research help creature capture - The future of printed books in the digital age - Dimensions of human behavior person and environment 6th edition pdf - Building a speech sheldon metcalfe - Binary logistic regression spss categorical variables - Reflective Journal - What are the benefits and challenges associated with business 2.0 - Fallin jessica mauboy guitar chords - Chartered accountants ireland exams - Electromagnetic spectrum lab report - Mg car club geelong - The big risk of employing an outsourcing strategy is - 132 divided by 12 - Compare and contrast two different methods for evaluating evidence - Project related cyber attack - Viburnum odoratissimum var awabuki - How to make cvp graph in excel - Digital wwnorton little seagull 3 - BHS380 Module 1 SLP - Examples of why english is a crazy language - 250 discussion - Put call parity formula - Describe the prospects for establishing a “critical society” as described by graham sumner. - 7 4 hamming code matlab - Alan dart furry fairies - Safely share secure data - Littlefield simulation calculations - Unit 2 DB Staffing, Budgets and Audits - Research Paper - Case study of coca cola and pepsi - Cnc milling machine wiki - Project Assignment: - Buenos aires in english translation - Crane farm south cerney - Red rooster line sydney - How to make storyboard in word - Global training at google case study - An upstream sale of inventory is a sale - Offender and situational variables - Describe the organizational, management, and technology dimensions - AstroloGy bAbA 7340613399 OnLinE reaL VashIKaraN sPecIaLIsT IN Parbhani - Impaired Oxygenation Case Study - Global interior design market - Song of roland translated by frederick goldin - Tacl 4 sample report - 510 discussion 1 - Discussion 2 WK 3 SOCW 6443: The Role of Mental Health Professionals in the Initial Stages of Psychopharmacological Intervention - Assume that hybridization experiments are conducted with peas - Techniques of teaching vocabulary - Blockchain and the Middleman - What is the rhyme scheme in the road not taken - Final Proposal - The new new play by kelly stuart