TCC Texas Counselor Ethics & Legal Standards 3 — Questions and Answers
Question 1: A Texas LPC is practicing telehealth with a client who has temporarily relocated to another state. What is the counselor's primary legal concern?
- Whether the telehealth platform is HIPAA-compliant
- Whether the counselor is licensed in the state where the client is physically located (Correct answer)
- Whether the client's insurance covers out-of-state telehealth
- Whether the sessions are being recorded with client consent
Correct answer: Whether the counselor is licensed in the state where the client is physically located
Counselors must generally be licensed in the state where the client is physically located at the time of service, not just where the counselor is based.
Question 2: When a minor client discloses consensual sexual activity with another minor of similar age, a Texas LPC's mandatory reporting obligation under Chapter 261 is BEST described as:
- Always required because any minor sexual activity is abuse
- Not required if no exploitation or significant age disparity is evident (Correct answer)
- Required only if the counselor's supervisor directs them to report
- Always waived because minors cannot legally consent
Correct answer: Not required if no exploitation or significant age disparity is evident
Texas law recognizes a 'Romeo and Juliet' context; age-appropriate consensual activity between peers may not meet the threshold for mandatory abuse reporting.
Question 3: The Texas State Board of Examiners of Professional Counselors may impose which of the following disciplinary actions?
- Criminal prosecution of the licensee
- Revocation, suspension, probation, or reprimand of licensure (Correct answer)
- Civil lawsuits for client damages
- Mandatory jail sentences for ethical violations
Correct answer: Revocation, suspension, probation, or reprimand of licensure
The Board's disciplinary authority is limited to licensure actions such as revocation, suspension, probation, or reprimand.
Question 4: A counselor is asked to provide therapy to a former romantic partner. According to Texas LPC ethics rules, this situation represents:
- A permitted dual relationship if disclosed in writing
- A prohibited dual relationship regardless of client consent (Correct answer)
- An acceptable practice if two years have passed since the relationship ended
- A permissible arrangement if supervised by a licensed supervisor
Correct answer: A prohibited dual relationship regardless of client consent
Sexual or romantic relationships with current or former clients are prohibited under Texas and ACA ethical standards, and no consent waives this prohibition.
Question 5: Under HIPAA and Texas law, a 'minimum necessary' standard for disclosing Protected Health Information (PHI) means:
- Releasing the complete client file to ensure thoroughness
- Disclosing only the PHI needed to accomplish the intended purpose (Correct answer)
- Releasing records only when a client pays all outstanding fees
- Sharing all records among all members of a treatment team automatically
Correct answer: Disclosing only the PHI needed to accomplish the intended purpose
The minimum necessary standard requires limiting disclosures to the least amount of PHI needed to fulfill the specific purpose of the disclosure.
Question 6: A Texas counselor who provides clinical supervision to a supervisee is ethically responsible for:
- The supervisee's personal therapy attendance
- The welfare of the supervisee's clients (Correct answer)
- Completing the supervisee's LPC application paperwork
- Providing pro bono counseling to the supervisee's clients
Correct answer: The welfare of the supervisee's clients
Clinical supervisors bear ethical and legal responsibility for the welfare of the clients served by their supervisees.
Question 7: A counselor discovers mid-treatment that a client is involved in an ongoing, non-violent property crime. What is the counselor's MOST appropriate ethical response?
- Immediately report the crime to law enforcement
- Terminate the client because of the criminal behavior
- Address it therapeutically within the session without mandatory reporting (Correct answer)
- Notify the client's family members as a protective measure
Correct answer: Address it therapeutically within the session without mandatory reporting
Non-violent property crimes do not trigger mandatory reporting obligations, so the counselor should address the behavior therapeutically.
TCC Texas Counselor Ethics & Legal Standards 3
A Texas LPC is practicing telehealth with a client who has temporarily relocated to another state.
What is the counselor's primary legal concern?