Where The Ethical Line Falls For Addiction Professionals
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Week 2: Legal and Ethical Considerations in Addictions
Your client, Simon, who is a surgeon, confides in you about his cocaine addiction. You are certain that Simon is abusing drugs at the same time he is performing surgical procedures on patients.
What should you do?
Should you take steps to protect Simon’s patients, or would that be a violation of confidentiality?
Where does the ethical line fall for addiction professionals and what legal requirements are in place?
This week, you explore the laws created to protect those with substance abuse disorders and examine how these laws may influence the work of addiction professionals. In addition, you investigate the need for special protections under the law for professionals working in addictions.
Learning Objectives
Students will:
Analyze anti-discrimination laws related to addictions
Analyze influence of anti-discrimination laws on addiction professionals
Analyze laws related to duty to warn and protect
Analyze need for special protections under the law for addiction professionals
Learning Resources
Required Readings
Lambert, S. F. (2011). Ethical and legal issues in addictions outcome research. Counseling Outcome Research and Evaluation, 2(1), 25–36.
Courtwright, D. T. (2012). Addiction and the science of history. Addiction, 107(3), 486–492.
Robinson, S. M. (2017). “Alcoholic” or “Person with alcohol use disorder”? Applying person-first diagnostic terminology in the clinical domain. Substance Abuse, 38(1), 9-14.
Discussion 1: Anti-Discrimination Law and Laws Protecting Individuals With Addiction
There are very specific laws and advocacy efforts to protect individuals with addictions. Only in the past thirty years have people with addictions had legal protection from discrimination (Lawinfo, 2009). Anti-discrimination laws exist to provide people struggling with addiction the opportunity to receive treatment without suffering punitive actions. These include:
Affordable Care Act
American with Disabilitites Act
Children’s Health Act
Garrett Lee Smith Memorial Act
Mental Health Parity and Addiction Equity Act
Sober Truth on Preventing (STOP) Underage Drinking Act
Trial Law and Order Act (TLOA)
For this Discussion, research the federal Mental Health Parity and Addiction Equity Act and one other act listed above in the Walden Library and reputable Internet sources. Consider how you might respond to the scenario provided utilizing the two acts.
Scenario
Imagine being at work, when suddenly, a colleague walks in visibly intoxicated. She is being loud, slurring her words, and bumping into people. Realizing that she is disturbing her co-workers, the intoxicated employee walks into the human resources department and tells them she is addicted to alcohol and needs treatment.
By Day 3
Post a brief description of the federal Mental Health Parity and Addiction Equity Act and one other act you chose for this discussion as it relates to addictions. Explain how you might respond to the scenario provided utilizing the two acts. Identify the rights the employee has in this situation. Explain how the laws you discuss protect the employee who violated the company’s policy on drunkenness. Explain why such laws might be important.
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