Counseling Ethics and Legal Issues in Counseling 2 — Questions and Answers
Question 1: HIPAA primarily governs which aspect of counseling practice?
- State licensure requirements
- The privacy and security of clients' protected health information (Correct answer)
- Insurance reimbursement rates
- Supervision requirements for licensure
Correct answer: The privacy and security of clients' protected health information
HIPAA, the Health Insurance Portability and Accountability Act, establishes federal standards for protecting the privacy and security of individually identifiable health information.
Question 2: When a minor client discloses abuse, the counselor's ethical obligation is to:
- Consult with the parents before taking action
- Keep the disclosure confidential to preserve therapeutic trust
- File a mandatory report regardless of parental consent (Correct answer)
- Document the disclosure and refer to a senior colleague
Correct answer: File a mandatory report regardless of parental consent
Mandatory reporting laws supersede confidentiality when a minor discloses abuse; counselors must report the suspected abuse regardless of parental consent or client wishes.
Question 3: The ethical principle of 'autonomy' in counseling refers to:
- Acting in the client's best interest
- Respecting the client's right to make their own decisions (Correct answer)
- Avoiding actions that harm the client
- Treating all clients fairly
Correct answer: Respecting the client's right to make their own decisions
Autonomy is the ethical principle that recognizes and respects clients' rights to self-determination and to make informed choices about their own lives.
Question 4: Which ethical principle refers to the counselor's obligation to 'do no harm'?
- Beneficence
- Justice
- Fidelity
- Nonmaleficence (Correct answer)
Correct answer: Nonmaleficence
Nonmaleficence is the obligation to avoid actions that cause harm to clients, and is one of the six foundational ethical principles outlined in the ACA Code of Ethics.
Question 5: A client's right to access their own records is addressed primarily by:
- FERPA and HIPAA (Correct answer)
- State criminal law
- ACA Ethics Code Section A only
- DSM diagnostic guidelines
Correct answer: FERPA and HIPAA
HIPAA grants adult patients the right to access their own mental health records, while FERPA provides similar rights for educational records; both are key legal frameworks for record access.
Question 6: In an emergency where a client is an imminent danger to self, a counselor may ethically:
- Do nothing without explicit client consent
- Breach confidentiality to initiate hospitalization or safety measures (Correct answer)
- Contact the client's employer
- Refer the client to another therapist immediately
Correct answer: Breach confidentiality to initiate hospitalization or safety measures
Imminent danger to self constitutes a recognized exception to confidentiality, permitting counselors to take necessary steps — including hospitalization — to protect the client's life.
Counseling Ethics and Legal Issues in Counseling 2
HIPAA primarily governs which aspect of counseling practice?