Deck 3: Ethical and Legal Issues in Counseling

Question 1

Which of the following is NOT a purpose of ethical standards?

A) To educate members about sound ethical conduct.
B) To provide a mechanism for accountability.
C) To replace relevant laws.
D) To serve as a means for improving professional practice.

Answer 1

To replace relevant laws.

Question 2

__________ is NOT one of the moral principles.

A) Fidelity
B) Autonomy
C) Beneficence
D) Integrity

Answer 2

Integrity

Question 3

__________ refers to independence and the ability to make one's own decisions; that is, professional counselors need to refrain from imposing their own values on their clients.

A) Nonmaleficence
B) Justice
C) Autonomy
D) Fidelity

Answer 3

Autonomy

Question 4

____________ means being truthful in one's professional actions with clients and others.

A) Fidelity
B) Veracity
C) Beneficence
D) Justice

Question 5

__________ are based on cultural norms, beliefs, customs, and values.

A) Laws
B) Ethical standards
C) Both of the above.
D) None of the above.

Question 6

One of the steps recommended by ACA when resolving an ethical dilemma is

A) to determine the nature and dimensions of the dilemma.
B) to speak with the student or client.
C) to reference personal notes concerning the student or client.
D) All of the above are ACA recommended steps to resolving ethical dilemmas.

Question 7

Which of the following is a self-test question recommended by Remley & Herlihy (2016) for professional counselors to consider before an ethical decision is made?

A) Would you recommend the same course of action to other counselors?
B) Would you make the same decision again if given the same situation?
C) Were there any negative consequences due to the choice you made?
D) All of the above.

Question 8

Statutory laws are

A) regulations that are binding on the school districts within the state.
B) created by legislation passed by the U. S. Congress and state legislatures.
C) mandates created from decisions of the circuit courts of appeals.
D) derived from an attorney general's opinions.

Question 9

Which of the following is NOT an acceptable resource of current information about ethical practice?

A) Counseling Today
B) Administrative manuals
C) Any available internet sites
D) Research and empirical journal articles

Question 10

Negligence is

A) when a wrong committed results in an injury or damages.
B) when a duty owed to the client was breached in some way.
C) less commonly identified than malpractice.
D) All of the above.

Question 11

A professional counselor will most likely be found guilty of malpractice if the counselor

A) fails to report a case of HIV/AIDS.
B) fails to debrief clients following counseling or research.
C) was not trained in the technique used.
D) does not consult the ACA Code of Ethics before acting.

Question 12

When a professional counselor is faced with any legal action, the first thing the counselor should do is

A) contact the client.
B) contact a lawyer and let the counselor supervisor know.
C) consult the ACA Code of Ethics.
D) consult another professional counselor.

Question 13

If both a subpoena and a court order are received, the professional counselor

A) should be sure to obtain informed consent to release information about the client.
B) must release the information with or without the client's consent.
C) should be sure to inform the client and the client's parents.
D) All of the above.

Question 14

When a parent requests information discussed with a minor child in counseling sessions, the professional counselor first should

A) remember that the legal right belongs to the parent.
B) discuss the request with the student.
C) give the parent a vague description of the counseling sessions.
D) recommend that the parent not break confidentiality between the professional counselor and the student.

Question 15

The most important limit to confidentiality is

A) negligence.
B) duty to warn.
C) minor consent.
D) court-ordered disclosures.

Question 16

Privileged communication

A) applies only to testifying in a court of law.
B) is determined by federal, state, and local mandates.
C) is the legal term to describe the privacy of counselor-client communication.
D) All of the above.

Question 17

Educational records include records of student

A) achievement.
B) attendance.
C) testing and assessment.
D) All of the above.

Question 18

The Family Educational Rights and Privacy Act (FERPA) of 1974 requires that

A) schools make instructional materials available to parents upon request.
B) noncustodial parents do not have access to educational records.
C) schools annually send a notice to guardians regarding their right to review their child's records.
D) parents are notified of any changes made to their child's educational records.

Question 19

Under FERPA and PPRA

A) once a student turns 18 years of age, he can prohibit parents/guardians from accessing educational records.
B) noncustodial parents have the same rights as custodial parents unless their rights have been terminated or limited by the court.
C) stepparents have the same rights as biological parents.
D) kin having custody for more than six months have the same rights to records as biological parents.

Question 20

The __________ does not apply to postsecondary schools.

A) Family Educational Rights and Privacy Act (FERPA) of 1974
B) Protection of Pupil Rights Amendment (PPRA) of 1978
C) Health Insurance Portability and Accountability Act of 1996
D) No Child Left Behind (NCLB) Act of 2001

Question 21

Which of the following policies is described by the following statement: Schools obtain informed parental consent prior to students' participation in USDE funded surveys, analyses, or evaluations if information about sex behavior or attitudes, illegal or demeaning behavior, political beliefs, psychological problems, or religious practices are revealed.

A) Protection of Pupil Rights Amendment (PPRA) of 1978
B) Family Educational Rights and Privacy Act (FERPA) of 1974
C) Individuals with Disabilities Education Improvement Act (IDEIA)
D) None of the above.

Question 22

Kinship care of students

A) creates a detrimental situation in most instances.
B) presents significant legal implications for schools.
C) ordinarily creates confusion in a child's life.
D) ordinarily has a negative impact on a child's academic and personal/social success in school.

Question 23

Personal notes

A) must remain in the sole possession of the maker.
B) can only be shared with a substitute maker.
C) must remain separate from educational records.
D) All of the above.

Question 24

Related to personal notes and school counselors, a substitute maker

A) becomes responsible for the student as they move up to middle and high school.
B) becomes responsible for the student if the student transfers schools.
C) takes over for the counselor in that counselor's position.
D) becomes responsible in the community if the student is referred for outside-of-school assistance.

Question 25

The __________ requires that the U. S. Department of Health and Human Services (HHS) adopt national standards for the privacy of individually identifiable health information, outlined patients' rights, and established criteria for access to health records.

A) Health Insurance Portability and Accountability Act (HIPAA) of 1996
B) Family Educational Rights and Privacy Act (FERPA) of 1974
C) Protection of Pupil Rights Amendment (PPRA) of 1978
D) Individuals with Disabilities Education Improvement Act (IDEIA)

Question 26

Which of the following statements is true regarding reports to Child Protective Services?

A) Parents or guardians have no rights to information during this process.
B) There is no liability for reporting child abuse in good faith.
C) Every health practitioner, educator, human services worker, and law enforcement officer must report suspected abuse or neglect.
D) All of the above are true regarding reports to CPS.

Question 27

Ethical codes

A) are created by professional organizations.
B) standardize guidelines for professional practice.
C) Both of the above.
D) None of the above.

Question 28

__________ means treating each client fairly, but not necessarily treating each client the same.

A) Beneficence
B) Justice
C) Nonmaleficence
D) Ethical practice

Question 29

Which of the following is a purpose of the ACA Code of Ethics?

A) To support the mission of the American Counseling Association.
B) To serve as the basis for the processing of ethical complaints.
C) To provide guidance informing ethical practice.
D) All of the above.

Question 30

In regard to laws and policies, school systems

A) take state regulations and policies and rewrite them to reflect their specific local situation.
B) are only required to follow those relevant to recent problems within the school.
C) Both of the above.
D) None of the above.

Question 31

All of the following have limits to confidentiality, EXCEPT

A) personal notes.
B) treatment teams.
C) subordinates.
D) minors.

Question 32

The only exceptions to parental access to a student's educational record are

A) reports to Child Protective Services.
B) personal notes.
C) reports from law enforcement agencies regarding the student's arrests for reportable offenses.
D) All of the above are exceptions to the student's educational record.

Question 33

The Family Educational Rights and Privacy Act (FERPA) of 1974 and the Protection of Pupil Rights Amendment (PPRA) of 1978 require that school system surveys funded by the U. S. Department of Education

A) be made available for review by parents of students.
B) include personal information about the family.
C) include critical appraisals of other individuals with whom the student has close family relationships.
D) keep information found in records confidential.

Question 34

FERPA and PPRA are also known as the

A) Butcher Amendment and the Hatch Amendment, respectively.
B) Hatch Amendment and the Butcher Amendment, respectively.
C) Buckley Amendment and the Hatch Amendment, respectively.
D) None of the above.

Question 35

There is often conflict between __________ in regard to health information.

A) PPRA and HIPAA
B) FERPA and HIPAA
C) FERPA and PPRA
D) NCLB and FERPA

Question 36

The __________ case set the standard for a professional counselor's duty to warn regardless of their question or doubt of the seriousness of the threat.

A) Tarasoff
B) Eisel
C) Both of the above.
D) None of the above.

Question 37

Which of the following is the best reason laws and ethical standards exist?

A) To protect counselors from having to counsel someone they are uncomfortable counseling.
B) To ensure a counselor will not get sued for making quick decisions.
C) To protect the client from any exorbitant fees or charges.
D) To ensure the appropriate behavior of professionals therefore meeting the clients best interests.

Question 38

Distance counseling holds great promise for providing services to all of the following EXCEPT:

A) homebound clients.
B) clients who are of foreign decent.
C) clients without transportation.
D) clients living in rural areas.

Question 39

__________ cannot be denied based only upon having made an ethics complaint or being the subject of an ethics complaint.

A) Advancement
B) Admission to academic programs
C) Employment, promotion, or tenure
D) All of the above.

Question 40

In counseling ethics, the word "test" was replaced with __________, which has a more integrative and broader connotation.

A) aptitude
B) assessment
C) measurement
D) progression

Question 41

The seven sections of the ASCA Ethical Standards for School Counselors

A) provide self-appraisal and evaluation.
B) guide the ethical practice of school counselors.
C) inform stakeholders of responsible counselor behaviors.
D) All of the above.

Question 42

To whom does confidentiality belong?

A) Counselor
B) Client
C) Both the counselor and the client.
D) Neither the counselor nor the client.

Question 43

The main purposes of the ACA Code of Ethics (2014) include all of the following EXCEPT:

A) to serve as the basis for processing an ethical complaint against members.
B) to support the mission of the association.
C) to allow members to take legal action against a client if necessary.
D) to establish the principles that define ethical behavior and best practices of association members.

Question 44

__________ is NOT legally allowed to have access to their child's information.

A) A custodial parent
B) A noncustodial parent
C) Neither is legally allowed to the information.
D) Both are legally allowed to the information.

Question 45

If professional counselors fail to exercise due care in fulfilling their professional responsibilities, they can be found guilty of ___________.

A) abuse.
B) violating best practices.
C) civil liability.
D) malice.

Question 46

Section A of the ACA Code of Ethics includes standards for serving __________, which made the ACA one of the first national associations to address these issues.

A) minors and the terminally ill
B) terminally ill clients and facilitating end-of-life decisions
C) clients with disabilities
D) clients with end of life decisions and minors

Question 47

In which of the following instances is it most acceptable to break confidentiality and give information to an appropriate person?

A) When the client is embarrassed to tell a parent what they are going through.
B) When the client doesn't care about themselves.
C) When the client is in danger of being harmed or will harm someone else.
D) When the client is extremely depressed.

Question 48

Practicing outside the realm of acceptable professional practice, failure to obtain informed consent, and failure to warn or protect others from a violent client are some of the situations in which a professional counselor could be sued for

A) civil liability.
B) negligence.
C) abuse.
D) malpractice.

Question 49

__________ allow those under the age of 18 years to seek treatment for certain conditions (e.g., substance abuse, mental health, and some reproductive areas).

A) Minor contingency laws
B) Minor consent laws
C) Minor confidentiality laws
D) Minor consistency laws

Question 50

To what does the term nonmaleficence refer?

A) Do what is in the best interest of the client.
B) Refusal to commit to treatment.
C) Do no harm to others.
D) Protect the ethical guidelines.

Question 51

A __________ permits, but does not mandate, the release of confidential information.

A) subpoena
B) court order
C) civil order
D) disputes addendum

Question 52

Professional counselors are affected by three main types of laws:

A) cannon, constitutional, statutory
B) common, legal, cannon
C) common, constitutional, statutory
D) constitutional, common, cannon

Question 53

According to the ASCA Ethical Standards for School Counselors, when possible, school counselors should use

A) brief psychotherapy .
B) brief solution-focused approaches.
C) extensive existential therapy.
D) extensive reality therapy.

Question 54

The ACA Code of Ethics is based on six moral principles:

A) justice, beneficence, fidelity, truth, reliance, veracity
B) autonomy, justice, beneficence, nonmaleficence, fidelity, veracity
C) truth, nonmaleficence, loyalty, autonomy, justice, reliance
D) reliance, veracity, justice, nonmaleficence, fidelity, truth

Question 55

In Section D of the ACA Code of Ethics, while developing positive relationships and communication systems, professional counselors should also

A) Choose a theory of counseling that fits them.
B) Become knowledgeable about their colleagues.
C) Decide which types of clients they would like to serve.
D) Understand the foundation of multicultural counseling.

Question 56

In addition to the ACA, ASCA has developed a set of ethical standards that specifically addresses counseling for the

A) terminally-ill population.
B) foreign population.
C) United States population.
D) school population.

Question 57

What is the primary obligation of professional counselors when conducting forensic evaluations?

A) Produce findings that support their own personal counseling technique.
B) Provide findings that are in line with their cultural view.
C) Produce objective findings supported by appropriate techniques and information.
D) Leave all forensic evaluations to psychologists and other mental health professionals.

Question 58

According to Standard G.5.b. of the ACA Code of Ethics, professional counselors should not

A) use other authors' sources.
B) plagiarize.
C) consult.
D) file away articles for later use.

Question 59

According to current guidelines, a professional counselor must wait at least _____ years to engage in romantic or sexual relationships with a former client or their family members.

A) There is no waiting period.
B) 2 years
C) 5 years
D) The counselor may never engage in a romantic or sexual relationship with a former client.

Question 60

Compare and contrast ethical standards and laws.

Question 61

Identify and describe the six moral principles.

Question 62

Describe the main changes made in the 2014 revision of the ACA Code of Ethics.

Question 63

List and describe the seven steps ACA developed for resolving ethical dilemmas.

Question 64

Identify and describe the three main types of laws professional counselors must abide by.

Question 65

Identify possible limits to confidentiality.

Question 66

Describe how a professional counselor may handle a dilemma in which the parents of a minor child request confidential information disclosed during the session.

Question 67

Describe the differences between confidentiality and privileged communication.

Question 68

Describe the terms civil liability, negligence, and malpractice and how they apply to professional counselors.

Question 69

Describe the standard of practice used in the case of an ethical complaint.

Question 70

Identify and describe the steps recommended by ACA that a professional counselor should take when receiving a subpoena.

Question 71

Describe the differences between a subpoena and a court order.

Question 72

Explain minor-consent laws and the legal and ethical issues surrounding them.

Question 73

List the required legal steps for reporting cases of child abuse and neglect.

Question 74

Explain the major provisions of the Family Educational and Rights and Privacy Act (FERPA) of 1974.

Question 75

Explain the major provisions of the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and its applicability to the practice of professional counselors.

Question 76

Explain the major provisions of the Protection of Pupil Rights Amendment (PPRA) of 1978.

Question 77

Explain the Tarasoff case and its impact on the counseling profession.

Question 78

Explain the Eisel case and its impact on the counseling profession.