Give an analysis of two ethical challenges related to record keeping and/or reporting when the legal system is involved. Specifically, one of these challenges must relate to adherence to either HIPAA or FERPA; note which statute and provide details. Then, explain how you would address each of these challenges. Be specific and reference the relevant ethical codes.
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Ethical Challenges to Record Keeping and Mandated Reporting
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(1) Give an analysis of two ethical challenges related to record keeping and/or reporting when the legal system is involved.
In mandated reporting, the two ethical challenges related to record keeping/reporting are laws that fall under the mandate for disclosure as specified under Standard 4.05.( American Psychological Association, APA, 2002). The standard sets forth guidelines in compliance with state laws mandated by law to protect clients from harm. These laws may involve child or elder abuse, or rape/incest. For example, most states have some mandatory laws related to abuse, although the method of reporting and who must report vary. As examples, under California mandatory reporting laws (Division 2.5) for child abuse, rape abuse and incest, psychological assistants, physicians, psychologists include those who must report incidences of child or elder abuse.
The other ethical challenge is related to the psychologists “duty to protect” in which many states adopted laws based on the (1976) Tarasoff vs. University of Regents of California case. Edwards (2010) explain that while many states have a simple mandatory requirement to warn (e.g., California, other states only allow warning as a “lawful breach of confidentiality (e.g. Texas, Alaska). Other states have no mandatory laws (e.g., Arkansas), …
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