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When Rules Are Made to Be Broken: Navigating the Intricacies of Client Confidentiality and Privacy

Writer's picture: Piper Harris, APC NCCPiper Harris, APC NCC



Embarking on a therapy journey is an act of courage that requires trust – trust in the therapist's competence, empathy, and perhaps most importantly, their commitment to confidentiality. However, prioritizing client confidentiality might stretch beyond the therapy room, taking on unexpected dimensions of ethical intricacies that mental health counselors have to navigate ingeniously.


One of the core ethical guidelines for mental health professionals is respecting the client's privacy, especially in public spaces. According to Georgia law and the American Counseling Association ethical guidelines, it's imperative for therapists not to approach or acknowledge clients in a public setting unless the client does so first. This confidentiality rule safeguards your anonymity and strives to keep your therapy journey as private as possible.


While maintaining these boundaries is essential, one could question the title, "When Rules Are Made to Be Broken." Does this mean there are circumstances compelling enough to challenge these well-founded guidelines?


Let's paint a scenario: You, as a client, run into me, your therapist, in a crowded cafe. According to ethical guidelines, it's my responsibility to keep my distance and not acknowledge our professional relationship unless you approach me first. This action is rooted in the principle of protecting your autonomy and privacy. However, could my decision not to approach you be interpreted as indifference or personal rejection, potentially jeopardizing the therapeutic relationship?


As therapists, we strive to balance the adherence to ethical guidelines with the emotional impact these guidelines might have on our clients. We must be flexible and adaptive, always keeping the client's best interests at heart while navigating these potentially complex situations. If we ever find ourselves in such situations, our response must be shaped by thoughtful consideration and deep compassion, acknowledging the nuances of human interaction, and valuing the client's comfort and emotional well-being.


In my practice, I always strive to balance the ethical guidelines I adhere to as a mental health professional with the pressing need for human compassion and connection. Recently, I found myself in a situation where breaking the "rule" around client confidentiality in a public space seemed absolutely necessary. A client had reached out to me, sharing some deeply painful news, and our exchange had naturally evoked both of our emotions. The very next day, I saw her at my early morning gym session, working out with an air of quiet desperation.


At first, I hesitated, contemplating whether or not to approach her. Ethical boundaries dictate the necessity of upholding client confidentiality in public, but my human instincts were telling me that she needed more than just a distant nod of acknowledgment. As I approached her, she saw me, immediately jumped off her exercise machine with an expression of unutterable pain on her face, and we just hugged. Right there in the middle of the gym floor. At that moment, her emotional well-being was of the utmost importance, and adhering to a rigid rule would have only denied her the care and connection she urgently needed.

One of the key experiences that serves as a foundation for my unwavering emphasis on compassion in therapy is my time as an undergrad student. I had the unique opportunity to work at a long-term group home where adolescents often stayed for up to six months. During this time, I not only had the responsibility of working at the group home but also at the Crisis Center that fed into the home, intricately connecting me with the lives of these young individuals for extended periods.


There was a young girl I had the privilege of getting to know who captured my heart and became a driving force behind my commitment to compassion. Her story was a heart-wrenching one: she had been abandoned by her father, a methamphetamine addict, and her mother, who was involved in prostitution and also struggling with addiction, had lost her parental rights. This young girl had faced unimaginable adversity, and my mission was to help her find a sense of self-worth amidst these challenges.


After about six months of knowing the young girl, I took on the responsibility of running the parent counseling group at the group home. One evening, her mother arrived, noticeably high and seemingly interested only in the free, warm food provided. Witnessing this encounter devastated the already vulnerable girl, deepening her sense of abandonment and lack of love.


During my nightly rounds of ensuring the teens were safe in their rooms with lights off, I softly opened her door, and in the darkness, I could see her bright blue eyes shimmering – a look that reflected her anguish and unshed tears. With a heart heavy with sorrow, she shared her feelings of being unloved and "thrown away."


In that emotionally charged moment, I knew she was yearning for a warm, comforting hug. However, as someone young and eager and a very green counselor in training to adhere to the rules that had been instilled in me, I was torn by the strict prohibition against physical contact. This internal struggle left me questioning the very essence of our shared humanity – Why is it that one should be deprived of basic comfort in times of pain and desperation?


As much as I longed to offer that much-needed hug, I regrettably refrained from doing so out of my fears and uncertainties. That decision remains one of the greatest regrets of my life. The invaluable lesson learned from this experience has profoundly shaped my approach toward therapy and the importance of compassion. In my practice now, I strive to find the delicate balance between ethical boundaries and the critical need for empathy and understanding when supporting my clients.


In essence, this is what "When Rules Are Made to Be Broken" truly signifies. It doesn’t entail an actual defiance of ethical guidelines but rather contextualizing them within the unique reliefs of each therapeutic relationship. It’s our joint efforts – you as the client and me as your therapist – to flexibly work within these rules, at times pushing against its rigid outlines, to ensure your journey towards growth and healing remains as smooth, comfortable, and empowering as possible.


So you may wonder, what was the outcome of the encounter on the gym floor with my client? Did she respond with anger or worry about her confidentiality? Quite the contrary. Embracing compassion over convention in this moment brought about an unexpected result: appreciation. At no point did she express any concern about her privacy. Instead, she reached out to me afterward, expressing her gratitude.


She thanked me multiple times, articulating how intensely she needed that hug, that point of human connection. More importantly, she shared how valued she felt to be seen, not just as a client within the boundaries of the therapy room, but as a human being navigating a challenging world outside of it, too. This moment of empathy and understanding, offered without judgment or hesitation, reassured her in her moment of need.



 

Navigating these complex ethical areas can be challenging, but it's a part of our dedication to providing the best possible support for you. The ultimate goal is to ensure your therapy journey remains a safe space filled with trust, empathy, and an unyielding commitment to your well-being. After all, therapy is about creating a nurturing environment, one where the transformative power of human connection and shared vulnerability can thrive.


What do you think? Was I wrong? What would you have done?






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