OLERE Confidentiality and Privileged Communication 2 — Questions and Answers
Question 1: The primary difference between confidentiality and privileged communication in Oklahoma counseling law is:
- Confidentiality applies in legal proceedings; privilege applies in therapeutic settings
- Confidentiality is an ethical obligation; privilege is a legal right that applies in court proceedings (Correct answer)
- They are legally identical concepts with different names
- Privilege is broader than confidentiality and covers all communications
Correct answer: Confidentiality is an ethical obligation; privilege is a legal right that applies in court proceedings
Confidentiality is a professional ethical obligation protecting client information in practice. Privilege is a legal concept that specifically protects confidential communications from being disclosed in court proceedings without the client's consent.
Confidentiality refers to the counselor's ethical and legal obligation not to disclose client information without consent in day-to-day professional practice. Privileged communication is a legal doctrine that specifically protects certain confidential professional communications from compelled disclosure in judicial proceedings. The privilege belongs to the client, not the counselor, and can be waived by the client. In Oklahoma, the counselor-client privilege is recognized in state statutes.
Question 2: An Oklahoma counselor is treating both members of a couple. When the relationship ends and one partner files for divorce, each partner requests the counselor testify on their behalf. The counselor should:
- Testify for the first partner to make the request
- Testify for whoever is more likely to have been harmed in the relationship
- Decline to testify for either party and assert joint privilege or seek legal guidance (Correct answer)
- Provide a written summary instead of live testimony
Correct answer: Decline to testify for either party and assert joint privilege or seek legal guidance
When both members of a couple have been counseling clients, both hold privilege over communications made during joint sessions. The counselor should decline to testify for either party and seek legal guidance on managing conflicting claims of privilege.
In couples counseling, both partners are clients and both hold some form of privilege over the counseling communications. If they later become adverse parties in divorce proceedings, the counselor faces a conflict. The most appropriate response is to decline to testify for either party, assert the privilege issue to the court, and consult with a legal professional. The counselor should have discussed this limitation in the initial informed consent process.
Question 3: Which of the following communications is likely NOT protected by counselor-client privilege in Oklahoma?
- A client's disclosure of childhood trauma during individual therapy
- A client's statement during a court-ordered mental health evaluation (Correct answer)
- A client's discussion of relationship problems in a private session
- A client's diagnosis shared during a routine therapy session
Correct answer: A client's statement during a court-ordered mental health evaluation
Communications made during a court-ordered evaluation are generally not protected by privilege because the evaluation was ordered by the court and both parties understand the results will be shared with the court.
Court-ordered mental health evaluations are conducted at the direction of the court, and both the evaluator and the examinee understand that the results will be reported to the court. Therefore, communications during such evaluations are generally not protected by the counselor-client privilege. The evaluator must inform the examinee at the start that the session is not confidential.
Question 4: A client's family member calls a counselor asking for information about the client, saying they are concerned about the client's welfare. Without the client's consent, the counselor should:
- Provide general information to reassure the family member
- Decline to confirm or deny that the person is a client and provide only general crisis resources (Correct answer)
- Share information needed to address the immediate safety concern
- Ask the family member to submit a formal written request
Correct answer: Decline to confirm or deny that the person is a client and provide only general crisis resources
Without the client's consent, the counselor cannot confirm the person is a client or share any information. The counselor can provide general crisis and community resources without confirming any specific therapeutic relationship.
The counselor-client confidentiality obligation prevents disclosure of any information including whether a person is receiving services without the client's specific consent. Even concerned family members do not have inherent rights to client information. The counselor should neither confirm nor deny the therapeutic relationship and can offer to provide general crisis resources or emergency numbers.
Question 5: A client discloses during a session that they intend to destroy their ex-partner's car as retaliation. The counselor's confidentiality obligation in this situation is:
- Unchanged because this is protected therapeutic communication (Correct answer)
- Potentially overridden if the threat involves serious physical harm
- Overridden because any threat to property requires disclosure
- Unclear and the counselor should wait to see if the threat is carried out
Correct answer: Unchanged because this is protected therapeutic communication
Property destruction is generally not considered the type of serious physical harm that overrides confidentiality under Oklahoma's duty to warn. Threats to property do not typically meet the threshold for mandatory disclosure to protect third parties.
Oklahoma's duty to warn and protect obligations are generally triggered by credible threats of serious physical harm to identifiable third parties. Threats of property damage, while concerning, typically do not meet this threshold. The counselor should address the client's feelings and intent therapeutically within the session and assess whether the situation escalates to include threats of physical harm.
Question 6: An Oklahoma LPC is conducting group therapy. Regarding confidentiality in group settings, the counselor should:
- Guarantee complete confidentiality because all group members are bound by professional ethics
- Explain that while the counselor maintains confidentiality, they cannot guarantee other members will (Correct answer)
- Require all group members to sign legally binding confidentiality agreements before proceeding
- Accept that group confidentiality is impossible and omit confidentiality discussions
Correct answer: Explain that while the counselor maintains confidentiality, they cannot guarantee other members will
In group therapy, the counselor can maintain their own confidentiality obligations but cannot legally guarantee that other group members will do the same. This limitation must be disclosed to all participants during informed consent.
Group therapy presents unique confidentiality challenges because multiple people hear each member's disclosures. The counselor maintains their professional confidentiality obligations, but other group members are typically not bound by professional ethics rules. The counselor should establish a confidentiality agreement expectation with the group and explain that while they expect members to respect each other's privacy, they cannot legally guarantee it. This limitation must be explicitly disclosed during informed consent.
