MC Master of Counseling: Ethical Guidelines and Professional Conduct 3 — Questions and Answers
Question 1: A counselor is subpoenaed to testify in a client's divorce case. The client has not waived privilege. What should the counselor do?
- Testify fully to comply with the legal order
- Assert privilege on behalf of the client and seek legal counsel (Correct answer)
- Provide a summary of sessions without quoting the client directly
- Contact the opposing attorney to negotiate what to share
Correct answer: Assert privilege on behalf of the client and seek legal counsel
When a client has not waived privilege, the counselor should assert that privilege and consult with an attorney before disclosing any confidential information.
Question 2: Which ethical principle supports a counselor's duty to act in the client's best interest even when the client cannot act for themselves?
- Autonomy
- Nonmaleficence
- Beneficence (Correct answer)
- Justice
Correct answer: Beneficence
Beneficence is the ethical obligation to promote the client's well-being and act in their best interest at all times.
Question 3: A counselor moves to a new state and wishes to continue working with former clients via telehealth. What ethical and legal consideration is MOST critical?
- Obtaining the client's written consent for telehealth
- Verifying licensure requirements in the client's state of residence (Correct answer)
- Ensuring the video platform is HIPAA-compliant
- Updating the client's emergency contact information
Correct answer: Verifying licensure requirements in the client's state of residence
Telehealth practice is regulated by the state where the client is located, so the counselor must hold licensure or be authorized to practice in that state.
Question 4: Under mandatory reporting laws, a counselor must report suspected child abuse when:
- The child explicitly asks the counselor to report
- The counselor has reasonable suspicion, even without proof (Correct answer)
- The abuse is confirmed by a second source
- The parent or guardian consents to the report
Correct answer: The counselor has reasonable suspicion, even without proof
Mandatory reporting is triggered by reasonable suspicion of abuse, not certainty; counselors are not required to investigate or obtain confirmation before reporting.
Question 5: A counselor's client reveals they are HIV-positive and engaging in unprotected sex with uninformed partners. After failing to persuade the client to disclose, the counselor should:
- Immediately report to public health authorities in all cases
- Consult state law and ethics codes to determine if permissive disclosure applies (Correct answer)
- Terminate the therapeutic relationship to avoid liability
- Continue therapy without disclosure to protect the relationship
Correct answer: Consult state law and ethics codes to determine if permissive disclosure applies
State laws vary on permissive disclosure in such situations; counselors must consult applicable law and ethics codes before taking any action.
Question 6: The concept of 'informed consent' in counseling requires that clients understand all of the following EXCEPT:
- The nature and goals of counseling
- Limits of confidentiality
- The counselor's personal theoretical orientation history (Correct answer)
- Fees and payment procedures
Correct answer: The counselor's personal theoretical orientation history
Informed consent requires disclosure of the counseling process, risks, benefits, and limits of confidentiality, but does not require sharing the counselor's personal history with their theoretical orientation.
Question 7: An experienced counselor begins working with a new population (e.g., veterans with PTSD) without prior training. This is BEST described as a violation of:
- Fidelity
- Justice
- Competence (Correct answer)
- Autonomy
Correct answer: Competence
Practicing without adequate training in a specialized population violates the ethical standard of competence, which requires counselors to work within their areas of qualification.
A counselor is subpoenaed to testify in a client's divorce case.
The client has not waived privilege.
What should the counselor do?