Ethics and Legal Issues in Counseling Flashcards
7 cards from real Counseling practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Ethics and Legal Issues in Counseling flashcards as text
Under the ACA Code of Ethics, when may a counselor accept bartered goods or services as payment?
Answer: Only when the relationship is not exploitive or harmful, the client requests it, and it is an accepted practice in the community
ACA Code A.10.e allows bartering only when it is not exploitive or harmful, the client requests it, it is a community norm, and it is documented in a written contract.
A school counselor working under FERPA is asked by a non-custodial parent for their child's educational records. Absent a court order restricting access, what applies?
Answer: The non-custodial parent generally has the same right as a custodial parent to inspect educational records
FERPA gives both parents access rights unless a court order, statute, or legal document specifically revokes them.
A counselor offering distance counseling to a client in another state must primarily consider which legal requirement?
Answer: Counselors must follow the laws and licensure rules of both their own state and the client's state
ACA Code H.1.b requires distance counselors to follow the laws of both their own location and the client's location, and licensure usually depends on where the client is.
A clinical supervisor may be held legally liable for a supervisee's negligent actions under which doctrine?
Answer: Respondeat superior (vicarious liability)
Respondeat superior holds supervisors responsible for the actions of those working under their direction.
Under HIPAA, how are 'psychotherapy notes' treated differently from the rest of the clinical record?
Answer: They are kept separate and generally need specific client authorization to disclose, and clients do not have an automatic right to access them
HIPAA gives psychotherapy notes kept apart from the medical record extra protection, so most disclosures need separate authorization.
A counselor leading a therapy group must explain confidentiality during informed consent. What is the most accurate statement to give members?
Answer: The counselor will keep confidentiality, but cannot guarantee that other group members will
ACA Code B.4.a requires counselors to explain that confidentiality cannot be guaranteed in groups, because members are not bound by professional rules.
A counselor notices that a colleague often comes to sessions smelling of alcohol and appears impaired. Under the ACA Code, what should the counselor do first?
Answer: Try to resolve it informally with the colleague if feasible, then report to the appropriate body if needed
ACA Code I.2.a and C.2.g support informal resolution first when appropriate, then formal reporting if the problem continues or clients are at serious risk.