Ethical and Legal Implications of Informed Consent in Rehabilitation Counseling

Abstract

This article explores the role of informed consent in the rehabilitation counseling process under the revised Code of Professional Ethics for Rehabilitation Counselors (CRCC, 2001). In addition to describing the elements of informed consent, the authors provide recommendations and examples for ensuring informed consent throughout the rehabilitation process.

The Necessity of Professional Disclosure and Informed Consent for Rehabilitation Counselors

“…Shaw and Tarvydas (2001) stated that "regardless of the setting, all counselors must ensure that the consumers with whom they work clearly understand such issues as the type of services to be provided, limits on confidentiality, and consumer rights and responsibilities" (p. 40). In a forensic setting, a counselor must make sure that the individual being evaluated fully understands the legal system's right to access and use the information about the consumer's progress and in a manner that the individual may consider harmful to himself or herself (Blackwell & Patterson, 2003;Slonim-Nevo, 1996). Shaw and Tarvydas (2001) cautioned that rehabilitation counseling practicum and internship students must disclose their student status to clients and the fact that confidential information will be shared with supervisors and other students during the course of the clinical experience (Shaw & Tarvydas, 2001).…”

“…Rehabilitation counselors are encouraged to visit the commission's Web site to view and download any of these templates for use in their practices (http://www.crccertification .com); the counselor is also encouraged to adapt the templates according to any unique practice needs. Disclosure statements have been referred to as informed consent statements (Blackwell & Patterson, 2003;Cottone & Tarvydas, 2007), which reinforces the symbiotic relationship between disclosure and consent. Once a rehabilitation counselor has provided the client or evaluee with information regarding the services and/or the purpose of an evaluation, the next step is to request consent-ideally, one based on a fully informed choice.…”

“…Beginning in the early 20th century, with the advent of medical advances such as anesthesia and surgery, physicians began to disclose basic information without always outlining the potential risks of the recommended intervention (Encyclopedia of Death and Dying, 2009). As outlined in Blackwell and Patterson (2003), with the trend toward patient rights (including the right to know what a physician intends to do and why), the parameters of informed consent and duty to inform in medicine have been defined through case law (e.g., Mohr v. Williams, 1905; Scholendorf v. Society of for liability. These principles have been applied in medical treatment as well as in such areas as family planning and reproductive health care (e.g., Engender Health, 2009).…”

“…In terms of ethical obligation, an individual has a right to know what to expect when working with a rehabilitation counselor, with clearly defined expectations at the beginning and throughout the process (Blackwell & Patterson, 2003).…”

“…To be considered informed consent, an individual must do more than express agreement or comply with a request; the legal elements that establish informed consent also include knowledge or information, competence, and voluntariness (Blackwell & Patterson, 2003;Shaw & Tarvydas, 2001). Information must be provided that is sufficient to make decisions, and there must be comprehension of what is disclosed.…”