Ethical & Legal Standards Flashcards

The concept of 'duty to warn' most commonly refers to a counselor's obligation to:

Answer: Notify potential victims when a client poses a credible threat of harm to them

The duty to warn, stemming from the Tarasoff v. Regents of University of California case, requires counselors to take steps to protect identifiable third parties from serious, credible threats.

Which of the following best defines 'informed consent' in the context of a student assistance program?

Answer: The student and/or guardian receives and understands information about services, rights, and limitations before agreeing to participate

Informed consent requires that participants understand the nature of services, confidentiality limits, voluntary participation, and their rights before agreeing to proceed.

A SAC counselor who exceeds the boundaries of their competence by providing intensive trauma therapy without proper training is violating which ethical principle?

Answer: Nonmaleficence

Nonmaleficence — 'do no harm' — is violated when counselors practice beyond their training, potentially harming the client through incompetent services.

When a minor student has a different legal status in different states due to varying age-of-consent laws, the SAC counselor should primarily rely on:

Answer: The laws of the state where services are being provided

Counselors must follow the laws of the jurisdiction in which they are providing services, as there is no single federal standard for minor consent in most counseling contexts.

A student discloses ongoing marijuana use but poses no danger to self or others. The SAC counselor should:

Answer: Maintain confidentiality unless a specific mandatory reporting law requires otherwise

While substance use may be illegal, it typically does not trigger mandatory reporting unless the student meets criteria for imminent danger; the counselor should follow applicable state law and ethics codes.

Which federal law specifically prohibits the disclosure of substance abuse treatment records without patient consent?

Answer: 42 CFR Part 2

42 CFR Part 2 provides stricter confidentiality protections for records related to substance use disorder treatment than either FERPA or HIPAA.

A school board directs a SAC counselor to share group session content with administrators to identify 'at-risk' students for discipline. The counselor should:

Answer: Refuse because this violates confidentiality promises made to group members

Sharing confidential group session content for disciplinary purposes betrays the trust established with members and violates foundational ethical obligations.