NBCC Professional Orientation, Ethics & Legal Issues 4 — Questions and Answers
Question 1: According to the ACA Code of Ethics, a counselor may break confidentiality WITHOUT client consent when:
- The client discusses past illegal activity
- The client presents a serious and imminent danger to self or others (Correct answer)
- The client discloses relationship problems involving a third party
- The client requests that records be sent to a new therapist
Correct answer: The client presents a serious and imminent danger to self or others
Confidentiality may be broken without consent when there is a serious and imminent threat to the life of the client or others.
Question 2: The term 'privileged communication' in counseling refers to:
- Special access counselors have to confidential databases
- The client's legal right to prevent the counselor from disclosing information in legal proceedings (Correct answer)
- The counselor's duty to keep all session content private
- Communication between supervisors and supervisees
Correct answer: The client's legal right to prevent the counselor from disclosing information in legal proceedings
Privileged communication is a legal concept that protects clients from having their counselor testify about confidential information in court without the client's consent.
Question 3: A counselor who continues to practice despite knowing they lack competence in treating a specific presenting problem is violating which ethical standard?
- Informed consent
- Practicing within one's scope of competence (Correct answer)
- Documentation requirements
- Fee-setting transparency
Correct answer: Practicing within one's scope of competence
Counselors must only practice within the boundaries of their competence and refer clients when a presenting problem exceeds their training or skills.
Question 4: Which of the following is an example of a 'boundary crossing' rather than a 'boundary violation' in counseling?
- Entering a sexual relationship with a current client
- Accepting a small gift from a client at the end of treatment in a cultural context where refusal would be harmful (Correct answer)
- Sharing extensive personal information with a client for the counselor's own emotional relief
- Disclosing a client's secrets to friends without consent
Correct answer: Accepting a small gift from a client at the end of treatment in a cultural context where refusal would be harmful
A boundary crossing is a departure from standard practice that may be clinically justifiable, whereas a violation is harmful and unethical.
Question 5: Mandatory reporting laws require counselors to report suspected child abuse to authorities. This obligation applies:
- Only when the counselor has witnessed the abuse directly
- Regardless of whether the client consents to the report (Correct answer)
- Only in states that have explicitly adopted such laws
- Only when the abuser is also a counseling client
Correct answer: Regardless of whether the client consents to the report
Mandatory reporting is a legal obligation that supersedes confidentiality and does not require client consent before the report is made.
Question 6: The primary purpose of professional licensure for counselors is to:
- Generate revenue for state governments
- Protect the public by ensuring minimum competency standards are met (Correct answer)
- Limit the number of counselors in practice
- Provide counselors with legal immunity from malpractice
Correct answer: Protect the public by ensuring minimum competency standards are met
Licensure exists to protect the public by ensuring practitioners meet established education, supervised experience, and examination standards.
Question 7: A counselor who uses a theoretical approach that research does not support as effective for a client's presenting problem may be violating the ethical principle of:
- Veracity
- Justice
- Beneficence (Correct answer)
- Autonomy
Correct answer: Beneficence
Beneficence requires that counselors actively promote client welfare, which includes using evidence-based approaches appropriate to the client's needs.
NBCC Professional Orientation, Ethics & Legal Issues 4
According to the ACA Code of Ethics, a counselor may break confidentiality WITHOUT client consent when: