Preserving Professional Boundaries

In the State of Oregon, boundaries of therapist-client confidentiality suggest that when a court mandates or orders psychological services, it is the therapist's role to inform the client about the anticipated services' nature, inclusive of limits of confidentiality. Similarly, the professional may disclose protected health information based on the client’s or his representative’s authorization, disclose information by order of the court, or disclose information by federal or state law (Consoli, Beutler & Bongar, 2017). It is also worth noting that when confidential data is entered into records or databases, codes or other measures should be used to prevent the disclosure of personal identifiers, especially when the client has not provided consent for disclosure to third parties. Hence, both the legal boundaries and professional organizations are similar in such a way that they strive towards client protection to avoid victimization. However, the notable difference is that the 2014 American Counseling Association (ACA) Code of Ethics indicates that therapists respect clients' rights by holding ongoing discussions with clients regarding when, how, and with whom data could be shared (American Counseling Association, 2014).

On the other hand, the state law or Oregon's Code of Ethics Division states that therapists report the imminent danger to others, suspected child abuse, and information demanded by court proceedings (Consoli, Beutler & Bongar, 2017). Indeed, the discrepancy constitutes a conflict in such a way that if a therapist is a material witness, the ACA Code of Ethics requires that consent be secured before disclosing personal information. Yet, the Code of Ethics Division in Oregon requires that information involving issues such as imminent danger and suspected child abuse be reported without securing client consent. Whether to abide by the ACA or state laws in Oregon poses a critical dilemma. In such a case, where the law and ethics are in conflict, a marriage and family therapist could legally protect the client’s confidentiality by making known their commitment to the code of ethics governing the practice (while ensuring that they work towards alleviating the conflict). Also, legal regulations or requirements may be followed if the ethical conflict fails to be resolved by the above approach (American Counseling Association, 2014).