Confidentiality and Privileged Communication Flashcards
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Read the first 6 Confidentiality and Privileged Communication flashcards as text
The primary difference between confidentiality and privileged communication in Oklahoma counseling law is:
Answer: Confidentiality is an ethical obligation; privilege is a legal right that applies in court proceedings
Confidentiality is a professional ethical obligation protecting client information in practice. Privilege is a legal concept that specifically protects confidential communications from being disclosed in court proceedings without the client's consent.
An Oklahoma counselor is treating both members of a couple. When the relationship ends and one partner files for divorce, each partner requests the counselor testify on their behalf. The counselor should:
Answer: Decline to testify for either party and assert joint privilege or seek legal guidance
When both members of a couple have been counseling clients, both hold privilege over communications made during joint sessions. The counselor should decline to testify for either party and seek legal guidance on managing conflicting claims of privilege.
Which of the following communications is likely NOT protected by counselor-client privilege in Oklahoma?
Answer: A client's statement during a court-ordered mental health evaluation
Communications made during a court-ordered evaluation are generally not protected by privilege because the evaluation was ordered by the court and both parties understand the results will be shared with the court.
A client's family member calls a counselor asking for information about the client, saying they are concerned about the client's welfare. Without the client's consent, the counselor should:
Answer: Decline to confirm or deny that the person is a client and provide only general crisis resources
Without the client's consent, the counselor cannot confirm the person is a client or share any information. The counselor can provide general crisis and community resources without confirming any specific therapeutic relationship.
A client discloses during a session that they intend to destroy their ex-partner's car as retaliation. The counselor's confidentiality obligation in this situation is:
Answer: Unchanged because this is protected therapeutic communication
Property destruction is generally not considered the type of serious physical harm that overrides confidentiality under Oklahoma's duty to warn. Threats to property do not typically meet the threshold for mandatory disclosure to protect third parties.
An Oklahoma LPC is conducting group therapy. Regarding confidentiality in group settings, the counselor should:
Answer: Explain that while the counselor maintains confidentiality, they cannot guarantee other members will
In group therapy, the counselor can maintain their own confidentiality obligations but cannot legally guarantee that other group members will do the same. This limitation must be disclosed to all participants during informed consent.