EMDR Ethical & Legal Considerations 2 — Questions and Answers
Question 1: A client discloses during EMDR processing that they recently harmed a child. What is the therapist's primary legal obligation?
- Maintain confidentiality and process the trauma
- File a mandatory child abuse report immediately (Correct answer)
- Consult a supervisor before taking any action
- Terminate the session and refer to another provider
Correct answer: File a mandatory child abuse report immediately
Mandatory reporting laws require therapists to report suspected child abuse regardless of therapeutic context or confidentiality agreements.
Question 2: Which ethical principle is most directly at stake when a therapist uses EMDR with a client who has not been informed that bilateral stimulation is experimental for their specific diagnosis?
- Beneficence
- Non-maleficence
- Informed consent (Correct answer)
- Justice
Correct answer: Informed consent
Informed consent requires that clients understand the nature, rationale, and evidence base of any treatment being offered, including EMDR's status for their condition.
Question 3: An EMDR therapist is treating a client who is also seeing a psychiatrist. The psychiatrist requests a progress update. What should the therapist do first?
- Send the update as a courtesy to a fellow clinician
- Obtain written authorization from the client before sharing any information (Correct answer)
- Share only medication-related information without consent
- Refuse all communication with other providers
Correct answer: Obtain written authorization from the client before sharing any information
HIPAA and ethical standards require written client authorization before disclosing protected health information to any third party, including other treating clinicians.
Question 4: A therapist trained in EMDR begins using it with a client who has an active psychotic disorder. Which ethical principle is most violated?
- Fidelity
- Autonomy
- Competence (Correct answer)
- Justice
Correct answer: Competence
Applying EMDR to active psychosis without specialized training or evidence of efficacy violates the ethical obligation to practice within one's competence.
Question 5: During EMDR reprocessing, a client suddenly recalls what appears to be a repressed memory of abuse. How should the therapist handle this ethically?
- Confirm the memory is real to support the client's healing
- Avoid any suggestion about the memory's accuracy and continue standard processing (Correct answer)
- Immediately stop therapy and involve law enforcement
- Document it as a confirmed recovered memory in clinical notes
Correct answer: Avoid any suggestion about the memory's accuracy and continue standard processing
Therapists must avoid suggestion or validation of recovered memories' accuracy, as memory reconstruction is fallible and confirmation can cause harm.
Question 6: A client asks their EMDR therapist to testify in a custody hearing about what was disclosed during sessions. The therapist should:
- Testify fully since the client is requesting it
- Refuse because therapists can never testify in court
- Clarify the scope of waiver and consult legal counsel before proceeding (Correct answer)
- Only testify if subpoenaed, not upon client request
Correct answer: Clarify the scope of waiver and consult legal counsel before proceeding
When clients waive privilege for legal proceedings, therapists should clarify the scope, understand implications, and consult legal counsel to protect both parties.
Question 7: Which scenario most clearly represents a dual relationship violation for an EMDR therapist?
- Treating a client referred by a colleague
- Providing EMDR to a current business partner (Correct answer)
- Using EMDR with a client from a different cultural background
- Treating a client who later refers a friend
Correct answer: Providing EMDR to a current business partner
Treating a current business partner creates a dual relationship that compromises therapeutic objectivity and the client's ability to freely engage in therapy.
EMDR Ethical & Legal Considerations 2
A client discloses during EMDR processing that they recently harmed a child.
What is the therapist's primary legal obligation?