Confidentiality: The Legal and Ethical Issues for Chemical Dependency Counselors

Manhal-Baugus, Monique

doi:10.1002/j.2161-1874.1996.tb00106.x

Cited by 5 publications

(5 citation statements)

References 4 publications

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“…Recommendations to health providers, social workers, counselors, and other professionals included: take steps to balance Part 2 and child protection, 21 track laws and regulations and seek advice from supervisors, 20,22,33,37 obtain informed consent involving SUD data sharing, 25 screen or track SUD history, 26,29 comply with existing confidentiality laws, 37 and comply with both Part 2 and state laws 37 . Proposed recommendations related to technology included implementation of standards to help reduce stigma, increase engagement in treatments, 30 employment of data segmentation to protect inmates, 27,32 and deployment of technological safeguards to protect patient privacy in HIE and individual internet user profiles 39 …”

Section: Resultsmentioning

confidence: 99%

“…In terms of Part 2 challenges, the following conclusions were reported: the regulation is ambiguous in providing guidance to the judiciary about determining the appropriateness of law enforcement intervention, especially in correctional settings, 16 Part 2 focuses only on confidentiality rather than privacy, 19 Part 2 compliance is challenging in the context of mental health and other medical records, 17 and Part 2 compliance has challenges in the context of prescription monitoring programs. 44 Recommendations to health providers, social workers, counselors, and other professionals included: take steps to balance Part 2 and child protection, 21 track laws and regulations and seek advice from supervisors, 20,22,33,37 obtain informed consent involving SUD data sharing, 25 screen or track SUD history, 26,29 comply with existing confidentiality laws, 37 and comply with both Part 2 and state laws. 37 Proposed recommendations related to technology included implementation of standards to help reduce stigma, increase engagement in treatments, 30 employment of data segmentation to protect inmates, 27,32 and deployment of technological safeguards to protect patient privacy in HIE and individual internet user profiles.…”

Section: Scoping Reviewmentioning

confidence: 99%

“…Opinion papers on Part 2 covered a broad range of subjects including child protection, 21 vulnerable populations, 24,45 correctional settings, 32,34 family therapy, 33 prescription monitoring programs, 44 gun violence, 43 criminal justice to drug and alcohol treatment, 16 SUD referral challenges, 42 legal issues surrounding patients with acquired immunodeficiency syndrome (AIDS) suffering from SUD, 20 and other privacy laws. 37 Legal reviews on Part 2 focused on key changes to Part 2 regulation, 38 the 2017 and 2018 final rules, 40 legal and ethical exceptions to Part 2, 22 characteristics of SUD programs and confidentiality statutes, 17,23 current initiatives to improve data interoperability in SUD systems, 27 special protections for SUD documentations, 31 Part 2 implementation challenges, 39 SUD in health care settings, 26 overview and trends of federal and state confidentiality and privacy of medical records, 19 trends and characteristics of long-term opioid use in persons with noncancer pain and a SUD history, 29 and the effect of the CARES Act on Part 2. 46 Opinions and legal reviews on Part 2 were twofold: discussions of Part 2 challenges, and recommendations on how to comply with Part 2.…”

Section: Scoping Reviewmentioning

confidence: 99%

See 2 more Smart Citations

Recommendations to Inform Substance Use Disorder Data Sharing Research: Scoping Review and Thematic Analysis

et al. 2022

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ObjectivesTitle 42 Code of Federal Regulations Part 2 (42 CFR Part 2 or Part 2) was enacted in 1975 to protect patients receiving treatment for substance use disorders. A scoping review on Part 2 characterized published work.MethodsSeven databases were searched. Studies were categorized based on date of publication, primary objectives, methods, and findings. A thematic analysis was conducted using article titles and abstracts.ResultsOf the 36 studies identified, the majority (78%) were opinions or legal reviews, (22%) employed quantitative and/or qualitative methods to study the impact of Part 2, and over half (58%) were published in the past 5 years. Only 8% of studies reported stakeholder involvement in Part 2 studies and no study included patients or patient advocates. No study discussed the efforts to align Part 2 with Health Insurance Portability and Accountability Act or provided evidence of the benefit of this alignment. Three main themes emerged from the review: care delivery (46.6%), law and ethics (27.6%), and technology (25.9%). There were no studies focusing on stigma and its effect on substance use treatment and Part 2.ConclusionsDespite the significance of Part 2, the literature is sparse. It is time to initiate a new era of scholarly research that focuses on the impact of statutes and policies that govern substance use disorder data sharing. Specifically, we recommend research on Part 2 and Health Insurance Portability and Accountability Act alignment, the effects of Part 2 on patients, as well as providers and other stakeholder perceptions on the regulation.

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Section: Resultsmentioning

confidence: 99%

Section: Scoping Reviewmentioning

confidence: 99%

Section: Scoping Reviewmentioning

confidence: 99%

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Recommendations to Inform Substance Use Disorder Data Sharing Research: Scoping Review and Thematic Analysis

et al. 2022

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“…This is not an unexpected risk given the prevalence of child abuse and interpersonal violence victimization experiences among substance-abusing individuals (Logan, Walker, Cole, & Leukefeld, 2002;Logan, Walker, Jordan, & Leukefeld, 2005). In addition, most states require the use of a Tarasoff duty to warn and/or protect intended victims when clients threaten to harm or kill others (Manhal-Baugus, 1996). Fully informing clients about confidentiality and other treatment risks as well as benefits and allowing clients choices may facilitate client recovery by recognizing and highlighting the importance of their contributions to treatment and recovery.…”

Section: Informing Clients About the Risks And Benefits Of Treatmentmentioning

confidence: 99%

Informed consent to undergo treatment for substance abuse: a recommended approach

Walker

Logan

Clark

et al. 2005

Journal of Substance Abuse Treatment

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“…Counselors also need to know which disclosures require consent and which do not. A review of federal regulations, ethical guidelines, and legal and ethical exceptions of confidentiality for chemical dependency counselors has been presented in a previous issue (Manhal-Baugus, 1996).…”

Section: Vlgnelte 2: Confidentialitymentioning

confidence: 99%

Reducing the Risk of Malpractice in Chemical Dependency Counseling

Manhal-Baugus

1996

J Addict Offender Couns

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An increasing amount of litigation is occurring within the mental health field, including the chemical dependency profession. A malpractice lawsuit can have devastating effects on the practice of an unsuspecting professional. Even suits with absolutely no merit that are filed can have a catastrophic impact on a therapist's professional reputation, personal life, and financial stability.This article explores the issue of malpractice and the ethical codes that are relevant to chemical dependency counselors. In addition, we explain three ethical and legal areas that are important for chemical dependency counselors to fully understand and follow: (a) informed consent, (b) confidentiality, and (c) working within and improving one's level of competence and area of expertise.These issues are the most common sources of problems for addiction specialists. Chemical dependency counselors can reduce the risk of malpractice by understanding and following the ethical codes and legal laws to the best of their ability. MALPRACTICEMalpractice is the "failure to render professional services to the degree of skill and learning commonly applied by the average prudent reputable member of the profession; as a result, there is injury, loss, or damage to the recipient of those services or to those entitled to rely on them"

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Confidentiality: The Legal and Ethical Issues for Chemical Dependency Counselors

Cited by 5 publications

References 4 publications

Recommendations to Inform Substance Use Disorder Data Sharing Research: Scoping Review and Thematic Analysis

Recommendations to Inform Substance Use Disorder Data Sharing Research: Scoping Review and Thematic Analysis

Informed consent to undergo treatment for substance abuse: a recommended approach

Reducing the Risk of Malpractice in Chemical Dependency Counseling

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