Ethics and Legal Issues in Counseling Flashcards

A counselor receives a subpoena signed by an attorney requesting a client's full records, but the client has not signed a release. What is the most appropriate first step?

Answer: Contact the client and/or seek legal counsel before releasing anything, since a subpoena is not a court order

A subpoena requires a response but not automatic disclosure, so the counselor should assert privilege, consult the client and legal counsel, and wait for a client release or court order.

Which U.S. Supreme Court case recognized a psychotherapist-patient privilege in federal courts that extends to licensed clinical social workers?

Answer: Jaffee v. Redmond

Jaffee v. Redmond (1996) established psychotherapist-patient privilege under the Federal Rules of Evidence, including licensed clinical social workers.

To prove malpractice, a client must establish four elements. Which set is correct?

Answer: Duty, dereliction (breach), direct causation, damages

Malpractice requires a professional duty, a breach of the standard of care, harm directly caused by that breach, and actual damages.

Under federal law, which type of record has the strictest confidentiality protections and generally requires specific written consent for nearly any disclosure?

Answer: Substance use disorder treatment records from federally assisted programs under 42 CFR Part 2

42 CFR Part 2 protects substance use disorder treatment records from federally assisted programs more strictly than standard HIPAA rules.

A former client sends a friend request to her counselor's personal social media account. According to the ACA Code of Ethics, what should the counselor do?

Answer: Decline, keeping personal and professional virtual presences separate

The ACA Code (H.6) says counselors should keep separate professional and personal social media profiles and should not set up personal virtual relationships with clients.

Kitchener's ethical principle of 'fidelity' refers to which counselor obligation?

Answer: Honoring commitments and keeping promises to clients

Fidelity means being faithful to commitments and trustworthy in the therapeutic relationship.

A counselor plans to relocate and close the practice. Which action best avoids a charge of client abandonment?

Answer: Giving clients adequate advance notice, doing pre-termination counseling, and offering referrals

Ethical termination requires advance notice, pre-termination counseling, and appropriate referrals so clients are not abandoned.