SAC Ethical & Legal Standards 3 — Questions and Answers
Question 1: The concept of 'duty to warn' most commonly refers to a counselor's obligation to:
- Warn students about the dangers of substance use
- Notify potential victims when a client poses a credible threat of harm to them (Correct answer)
- Alert parents whenever a student mentions risk-taking behavior
- Inform teachers when a student is struggling academically
Correct 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.
Question 2: Which of the following best defines 'informed consent' in the context of a student assistance program?
- The student simply agrees to meet with the SAC counselor
- The student and/or guardian receives and understands information about services, rights, and limitations before agreeing to participate (Correct answer)
- A parent signs a form allowing the school to share records with community agencies
- A teacher refers a student to the SAC program with administrative approval
Correct 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.
Question 3: A SAC counselor who exceeds the boundaries of their competence by providing intensive trauma therapy without proper training is violating which ethical principle?
- Justice
- Autonomy
- Nonmaleficence (Correct answer)
- Beneficence
Correct answer: Nonmaleficence
Nonmaleficence — 'do no harm' — is violated when counselors practice beyond their training, potentially harming the client through incompetent services.
Question 4: 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:
- The most permissive state's laws to allow maximum student autonomy
- Federal law, which uniformly supersedes all state laws on age of consent
- The laws of the state where services are being provided (Correct answer)
- The professional judgment of the SAC counselor alone
Correct 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.
Question 5: A student discloses ongoing marijuana use but poses no danger to self or others. The SAC counselor should:
- Immediately report this to law enforcement as a legal violation
- Maintain confidentiality unless a specific mandatory reporting law requires otherwise (Correct answer)
- Notify the student's parents regardless of the student's age or wishes
- Expel the student from the SAC program for policy violations
Correct 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.
Question 6: Which federal law specifically prohibits the disclosure of substance abuse treatment records without patient consent?
- FERPA
- HIPAA
- 42 CFR Part 2 (Correct answer)
- IDEA
Correct 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.
Question 7: A school board directs a SAC counselor to share group session content with administrators to identify 'at-risk' students for discipline. The counselor should:
- Comply immediately because administrative authority supersedes ethics codes
- Share only summary data without identifying individual students
- Refuse because this violates confidentiality promises made to group members (Correct answer)
- Ask the students' parents to decide whether to allow disclosure
Correct 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.
SAC Ethical & Legal Standards 3
The concept of 'duty to warn' most commonly refers to a counselor's obligation to: