LPC Ethical and Legal Standards 2 — Questions and Answers
Question 1: A counselor discovers their client is having a romantic relationship with another mental health provider who is currently treating them. The counselor's primary obligation is to:
- Report the provider to law enforcement immediately
- Address the client's wellbeing and discuss available options (Correct answer)
- Terminate the counseling relationship
- Refer the client to a different therapist without discussion
Correct answer: Address the client's wellbeing and discuss available options
The counselor's primary obligation is to the client's wellbeing — exploring the situation, providing psychoeducation about boundary violations, and supporting the client in deciding next steps.
When a client discloses that another professional has crossed ethical or legal boundaries, the counselor should first focus on the client's welfare, safety, and emotional impact. The counselor may provide information about formal reporting options (licensing board complaints) and support the client's autonomous decision-making, without pressuring a specific course of action.
Question 2: The ACA Code of Ethics addresses counselors' use of social media and technology by emphasizing the need to:
- Avoid all online presence
- Maintain professional boundaries in digital spaces (Correct answer)
- Friend clients on social media to stay connected
- Use encryption only for text messages
Correct answer: Maintain professional boundaries in digital spaces
The ACA Code of Ethics requires counselors to maintain professional boundaries in digital and social media spaces to protect client confidentiality and the therapeutic relationship.
The ACA Code of Ethics (2014, Section H) addresses technology and social media, requiring counselors to develop and communicate policies about online conduct. Counselors should not engage with clients on personal social media platforms, should address privacy and security in digital communications, and must apply the same ethical principles in digital spaces as they do in-person settings.
Question 3: Informed consent in counseling must typically cover all of the following EXCEPT:
- Limits of confidentiality
- Counselor's credentials and training
- The specific diagnosis the counselor suspects (Correct answer)
- Fees and cancellation policies
Correct answer: The specific diagnosis the counselor suspects
Counselors are not ethically required to disclose a suspected diagnosis prior to formal assessment; informed consent focuses on the nature of services, not tentative diagnoses.
Informed consent must address the counseling process, limits of confidentiality, fees, qualifications, and the client's rights and responsibilities. While counselors share diagnoses when appropriate, disclosing a preliminary suspected diagnosis before thorough assessment is not a component of informed consent and could be harmful or premature.
Question 4: A minor's parents are divorcing and both request their child's counseling records. The counselor should:
- Provide records to both parents equally
- Provide records only to the custodial parent unless court documents specify otherwise (Correct answer)
- Refuse to release records until the divorce is finalized
- Seek legal counsel before making any decision
Correct answer: Provide records only to the custodial parent unless court documents specify otherwise
Unless a court order specifies otherwise, the custodial parent holds the authority to consent to treatment and access records for a minor child.
In divorce situations, the custodial parent typically retains the legal right to consent to treatment and access mental health records for minor children. If a court order establishes joint legal custody, both parents may have equal rights. Counselors should review custody documents and, when in doubt, consult legal counsel or their state's licensing board for guidance.
Question 5: Which of the following best describes the ethical concept of fidelity in counseling?
- Doing good for the client
- Being faithful and keeping commitments and promises (Correct answer)
- Avoiding harm to the client
- Treating all clients fairly
Correct answer: Being faithful and keeping commitments and promises
Fidelity refers to the counselor's obligation to be trustworthy, faithful to commitments, and honest with clients.
Fidelity is one of the core ethical principles in counseling (alongside autonomy, beneficence, nonmaleficence, and justice). It involves being honest, honoring commitments, and maintaining the trust clients place in the counselor. Violations of fidelity — such as breaking confidentiality without cause or not following through on agreed actions — fundamentally damage the therapeutic relationship.
Question 6: A counselor is subpoenaed to provide client records in a civil lawsuit. The counselor should:
- Immediately release all records to comply with the subpoena
- Notify the client and seek to obtain a protective order or client waiver (Correct answer)
- Destroy records to protect client privacy
- Ignore the subpoena as therapy is protected
Correct answer: Notify the client and seek to obtain a protective order or client waiver
A subpoena requires the counselor to respond, but does not automatically override privilege. The counselor should notify the client and consult an attorney about asserting privilege or seeking a protective order.
When a counselor receives a subpoena for client records, the appropriate steps include notifying the client promptly, consulting legal counsel, and determining whether privilege applies. The counselor should not voluntarily release records without the client's written waiver or a court order compelling disclosure. Asserting privilege protects the client's confidentiality until a judge rules otherwise.
LPC Ethical and Legal Standards 2
A counselor discovers their client is having a romantic relationship with another mental health provider who is currently treating them.
The counselor's primary obligation is to: