We all know what has been reported about the world's leading athlete. In pursuit of understanding their situation, it is normal for press people to dig as deep as they can. This is sometimes thought of as "sensationalizing" the matter.
In the video that I just watched tonight (it's 8PM Philippine time Dec. 6, 2009), a couples therapist talks about "couples therapy." As she talks on the topic, particularly on the issues and concerns involved in couples therapy sessions, pictures of Tiger Woods and his wife were posed throughout the said video, as if to say that the couples therapist is expressly talking about the said couple. I rewinded and re-listened to the therapist, but NOWHERE in this segment of the video did the lady therapist particularly identify the currently-under-public-scrutiny-couple as her client.
In fact, upon looking at the title of the article-video "Therapist to Tiger: 'talk it through' with wife", I immediately thought "What? Isn't she supposed to keep things in confidence? Why talk about the said couple's purported therapy in public?" An ethical question, in short. Hence, by rewinding, rewatching and relistening to the video, I searched for any statement from the interviewed couples therapist Dr. Melinda Douglas where she explicitly mentions she's talking about her couples therapy session with the said couple. Thank God, she didn't do that, or else, people have the right to ask now: "Will my therapist now talk publicly about my problems with the press (at that)?" That would surely compromise the profession of therapy, or Counseling or Guidance and Counseling for that matter.
Hence, go ahead and watch this segment, and tell me if Dr. Douglas ever mentioned Tiger and his wife as her clients. Perhaps, this is a way the unidentified media person used to inform us about couples therapy. He has succeeded in that aspect.
But if you simply read the following words written under the video:
"Tigers Woods and his wife Elin Nordegren are reportedly undergoing marriage counseling at their home in Orlando. San Francisco-based couples therapist Melissa Douglass describes the difficulties…"
you may be easily brought to think that indeed Dr. Douglas said so. Linking Dr. Douglas with the couple may lack basis (because of the confidentiality concern). It is the title of the article which purports the relationship. But that is all it wants to: purport. But it failed.
Scary, isn't it? All the more it is essential for Guidance Counselors, Counseling Psychologists and everyone entrusted with private matters to keep in mind the confidentiality matter in our ethical practice. RA9258 Article IV Sec. 28 Right to Privileged Communication for Guidance Counselors specifies that "A Certified or Registered and Licensed Guidance Counselor...cannot without the consent of the client be examined as to any communication or information which has been acquired while attending such client." There you go! Learn to politely say "I'm not in the position to speak about this privileged communication" to anyone who would like to lure you (even by the courts, remember) into it.
To continue, the said section further says: "The protection accorded herein shall also extend to the records and secretary or clerk of an Registered and Licensed Guidance Counselor, who may not be examined concerning any fact, the knowledge of which has been acquired in such capacity." With this provision of our RA 9258, we have to ensure that our secretary is made aware of her obligations in the confidential nature of one's work as Guidance Counselor. Records of our clients have to be labeled CONFIDENTIAL to ensure the boundaries are kept.
Look at this: "Any evidence obtained in violation of this provision shall be inadmissible for any purpose in any proceeding." That's the statement under Sec. 24 of the law's Article IV. So, you have the right as a Guidance Counselor to object to any purported evidence dug from your confidential files (by foul means of course).
Thus far my thoughts on the confidentiality clause of our practice as Registered and Licensed (though lacking our Certificates as of this writing) Guidance Counselors. God bless and all the best in our practice. Take care always. Read your law and live it!
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Sunday, December 06, 2009
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