NCMHCE - National Clinical Mental Health Counseling Examination Professional Practice and Ethics 2

Question 1

A licensed counselor receives a subpoena for a client's therapy records. What is the counselor's FIRST ethical obligation?

Accepted Answer

Contact the client to inform them and discuss options

Answer

Immediately comply with the subpoena and release records

Answer

Refuse to release records based on confidentiality

Answer

Contact their own attorney for legal advice

Question 2

A counselor's former client, whom they terminated with 18 months ago, asks the counselor on a date. According to the ACA Code of Ethics, which response is MOST appropriate?

Accepted Answer

Decline, as romantic relationships with former clients are prohibited for 5 years

Answer

Accept, since the therapeutic relationship has ended

Answer

Accept only if the counselor determines it would not be exploitative

Answer

Decline permanently, as romantic relationships with former clients are never permitted

Question 3

A counselor discovers that a colleague is practicing under impairment due to substance abuse. According to the ACA Code of Ethics, what is the counselor's obligation?

Accepted Answer

Encourage the colleague to seek help and address the impairment

Answer

Report the colleague directly to the state licensing board

Answer

Maintain silence to protect the colleague's privacy

Answer

Confront the colleague publicly to protect clients

Question 4

In a managed care environment, an insurance company denies continued authorization for a client who the counselor believes still needs treatment. What is the counselor's PRIMARY ethical obligation?

Accepted Answer

Advocate for the client by appealing the denial and documenting medical necessity

Answer

Terminate treatment as directed by the insurance company

Answer

Continue treatment pro bono regardless of payment

Answer

Refer the client to a community mental health agency

Question 5

A counselor is asked to provide expert testimony in a child custody case for a family they are counseling. What is the MOST ethically appropriate response?

Accepted Answer

Decline and recommend an independent custody evaluator

Answer

Provide testimony since they know the family well

Answer

Provide testimony only if both parents consent

Answer

Agree to testify for the parent who is the identified client

Question 6

Under HIPAA, which of the following situations permits disclosure of protected health information WITHOUT client authorization?

Accepted Answer

When required by a state mandatory reporting law for suspected child abuse

Answer

When a family member requests information about the client's treatment

Answer

When another mental health professional requests records for research

Answer

When the client's employer requests fitness-for-duty information