CRS Ethical & Legal Considerations in Recovery 2 — Questions and Answers
Question 1: A recovery specialist learns that a peer they support has relapsed and is using substances again. What is the MOST ethical first response?
- Immediately report the relapse to the peer's family
- Engage the peer with compassion and explore their support needs (Correct answer)
- Terminate services due to non-compliance with recovery goals
- Document the relapse and take no further action
Correct answer: Engage the peer with compassion and explore their support needs
Engaging the peer with compassion aligns with person-centered ethics and supports continued recovery efforts without punitive action.
Question 2: Under HIPAA, which of the following is considered Protected Health Information (PHI)?
- A peer's first name only
- A peer's diagnosis combined with their date of birth (Correct answer)
- General statistics about substance use disorders
- Anonymous survey results from a recovery group
Correct answer: A peer's diagnosis combined with their date of birth
PHI includes any individually identifiable health information, such as a diagnosis paired with identifying details like a date of birth.
Question 3: A recovery specialist is asked by law enforcement to share a peer's treatment records. What should they do first?
- Provide the records immediately to cooperate with authorities
- Consult with a supervisor or legal counsel before releasing any records (Correct answer)
- Refuse all cooperation with law enforcement under any circumstances
- Ask the peer to handle the request themselves
Correct answer: Consult with a supervisor or legal counsel before releasing any records
42 CFR Part 2 and HIPAA require specific legal processes before records can be disclosed; consulting a supervisor or legal counsel ensures compliance.
Question 4: What does the principle of 'non-maleficence' require of a recovery specialist?
- Always tell the peer the full truth even if it causes distress
- Avoid actions that could cause harm to the peer (Correct answer)
- Prioritize the recovery specialist's professional interests
- Promote peer autonomy above all other considerations
Correct answer: Avoid actions that could cause harm to the peer
Non-maleficence is the ethical obligation to do no harm, requiring specialists to evaluate whether their actions could negatively impact those they serve.
Question 5: A peer discloses during a session that they are currently being physically abused by a household member. What is the recovery specialist's ethical and legal obligation?
- Maintain confidentiality and keep the disclosure private
- Encourage the peer to call the police but take no further action
- Follow mandatory reporting laws and organizational protocols (Correct answer)
- Wait for the peer to seek help on their own terms
Correct answer: Follow mandatory reporting laws and organizational protocols
Most states have mandatory reporting laws for abuse, and recovery specialists must follow both legal requirements and organizational protocols to protect the peer's safety.
Question 6: Which federal law specifically restricts the disclosure of substance use disorder treatment records beyond general HIPAA protections?
- The Americans with Disabilities Act (ADA)
- 42 CFR Part 2 (Correct answer)
- The Mental Health Parity Act
- The Affordable Care Act
Correct answer: 42 CFR Part 2
42 CFR Part 2 provides stricter confidentiality protections for records from federally assisted substance use disorder treatment programs.
Question 7: A recovery specialist develops a close personal friendship with a peer outside of their professional relationship. This situation BEST illustrates which ethical concern?
- Beneficence conflict
- Dual relationship boundary violation (Correct answer)
- Informed consent failure
- Mandatory disclosure issue
Correct answer: Dual relationship boundary violation
Dual relationships occur when a professional has both a professional and personal relationship with a client, which can compromise objectivity and cause harm.
CRS Ethical & Legal Considerations in Recovery 2
A recovery specialist learns that a peer they support has relapsed and is using substances again.
What is the MOST ethical first response?