The Use of Professional Disclosure in Rehabilitation Counseling

Abstract

The importance of adequate professional disclosure has recently received increased attention in the counseling and psychology literature. Despite this trend, the rehabilitation counseling professional literature contains little information about the prevalence and manner in which this practice is used within rehabilitation counseling. This article reviews the relevant literature and discusses its implications for rehabilitation counselors. The authors discuss the use and content of disclosure forms and practices, including the degree to which mental health professionals actually use such forms and reasons for nonuse. Clinical and research needs regarding professional disclosure within rehabilitation counseling are also discussed.

Professional Disclosure Practices of Rehabilitation Counselors

“…Similarly, the more frequent discussion of the sharing of confidential information with insurers reflects routine practices that exist within this sector. Shaw and Tarvydas (2001c) described the advantages to using written disclosure statements, including promoting client comprehension, increasing client responsibility, reducing the likelihood of client exploitation through a "contract" format, reducing future conflicts because of misperceptions, protection of counselors against malpractice suits, encouraging self-scrutiny by health care professionals, and increasing clients' autonomy by making them less dependent on the counselor for information. (p. 42) Unfortunately, the use of written disclosure statements was not a common practice among rehabilitation counselors in this study.…”

“…As the profession evolves, rehabilitation counselors have taken on increasing responsibility and, consequently, have assumed increasing obligations to practice ethically, legally, and professionally (Shaw, 2004;Shaw & Tarvydas, 2001c). The importance of the special nature of the rehabilitation counseling relationship has increasingly been acknowledged by legal bodies through the inclusion of rehabilitation counselors, as well as other counselors, in licensure and in other functions stipulated by statutory and regulatory bodies (Cottone & Tarvydas, 2003).…”

“…Shaw and Tarvydas (2001c) suggested that as a risk management practice, rehabilitation counselors should engage in a thorough process of written and verbal professional disclosure. This disclosure should consist of "all of the pertinent facts and considerations relevant to decisions that need to be made during the provision of services" (p. 40).…”

“…In recent years, the Ethics Committee of the Commission on Rehabilitation Counselor Certification (CRCC) has begun to experience an increase in the number of complaints that are related to inadequate professional disclosure (Berens & Weed, 2001;Shaw & Tarvydas, 2001c). Many complaints seemed related to clients' lack of understanding of the limits on confidentiality posed by institutional, legal, or other requirements.…”

Analysis of the Reported Ethical Complaints and Violations to the Commission on Rehabilitation Counselor Certification, 2006–2013

“…A final pattern of misconduct detrimental to client rights was inappropriate termination. In the same way that previous violations to professional disclosure led to the requirement of more structured approaches to professional disclosure at the start of services (Carlisle & Neulicht, 2010; Shaw & Tarvydas, 2001), a similar approach may be needed to improve the process of termination to ensure clients are aware of the reasons behind the termination as well as alternative resources, which may need to be provided in writing. As a complement to ensuring clients are informed of their rights prior to the start of services, there may be a need to more carefully consider client rights prior to the termination of services.…”