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The ethical obligations of the counselor in this case is not so much in question as the timing of disclosure. The main question is: Should the counselor disclose the dangers of withholding HIV status before clients disclose this? This would be more ethically acceptable to clients' need to be informed of the disclosure obligations of the therapist before entering therapy. On the other hand, the drive to safeguard lives could result in a lack of initial disclosure, as this might discourage clients from disclosing possibly incriminating behavior.
However, withholding this type of information from John or future clients like him could result in legal difficulties for the counselor, and indeed for the counseling profession in general. The counselor is obliged to disclose all ethical obligations to the client, and particularly those that could impact upon the confidentiality of the client. Only in this way can the client make an informed decision regarding the information he or she wishes to disclose to the counselor. Furthermore, it is only on this basis that the client can be obliged to disclose vital information to those who are affected by his actions.
In the decision-making process then, the counselor is obliged to follow a code of ethics that obliges him or her to provide full disclosure to potential clients. Only on this basis can the counselor then provide disclosures to other entities, as these could potentially harm the client. Any information that client provides to the counselor subsequent to such disclosure is then subject to the laws and ethics governing counseling in Indiana.
In a personal sense, counselors are human, regardless of professional obligation. In John's case, a sense of revulsion...
He appears to have no sense of responsibility to either himself or those around him. The main temptation here is then to stop treating John, as he is a liability to himself, others, and the counseling profession as a whole.
However, the counselor should also keep in mind the potential of all human beings to improve and understand the consequences of their actions. Ethically, in terms of the counseling profession, it is therefore perhaps more desirable to continue working with John in an attempt to lead him to a better perspective on his own responsibilities. The chances of achieving this are greater when he remains with his counselor than when he is placed with someone else.
References
Indiana Code. (2010). Retrieved November 2, 2010, from http://www.in.gov/legislative/ic/code/title25/ar23.6/ch10.5.html
Indianapolis Star Examines HIV Confidentiality, Disclosure Laws. (2003, July 18). The Body.Retrieved November 2, 2010 at http://www.thebody.com/content/legal/art11776.html
Ohio Administrative Code. (2010). Ohio Laws and Rules. Retrieved November 3, 2010 from http://codes.ohio.gov/oac/4757
Schlossberger, Eugene and Hecker, Lorna. (1996). HIV and family therapists' duty to warn: A legal and ethical analysis. Retrieved November 13, 2010, from bNet Web site: http://findarticles.com/p/articles/mi_qa3658/is_199601/ai_n8742740/pg_4/?tag=content;c ol1
Should You Get Tested for HIV? (n.d.). Retrieved November 13, 2010, from Brothers United. Indianapolis Web site: http://www.brothersunitedindy.org/hivtesting.html
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