Question 1

Identify the criteria that ACA recommends using in determining whether a disclosure to a third party about a client's HIV infection is justified.

Accepted Answer

The American Counseling Association (ACA) recommends using the following criteria in determining whether a disclosure to a third party about a client's HIV infection is justified:

1. Legal and Ethical Obligations: Counselors should consider their legal and ethical obligations to maintain client confidentiality and privacy. They should also be aware of any laws or regulations that may require or permit disclosure of HIV status.

2. Client's Consent: Counselors should obtain the client's informed consent before disclosing their HIV status to a third party. This includes discussing the potential risks and benefits of disclosure and ensuring that the client understands the implications.

3. Potential Harm: Counselors should assess the potential harm to the client and others if the HIV status is disclosed. This includes considering the impact on the client's mental and emotional well-being, as well as the potential for discrimination or stigmatization.

4. Necessity of Disclosure: Counselors should evaluate whether the disclosure is necessary to protect the client or others from harm. This may include situations where the client poses a risk of transmitting HIV to others or where there is a legal or ethical duty to warn or protect.

5. Client's Best Interests: Counselors should always prioritize the best interests of the client when making decisions about disclosure. This includes considering the client's autonomy, self-determination, and overall well-being.

By carefully considering these criteria, counselors can make informed and ethical decisions about whether and how to disclose a client's HIV status to a third party.

Question 2

Discuss the ways in which the laws about parental rights to information about their adolescents can inhibit open communication between adolescent clients and their counselors and describe at least one strategy counselors can use to encourage teenage clients to openly discuss their concerns with counselors and therapists.

Accepted Answer

The laws about parental rights to information about their adolescents can create barriers to open communication between adolescent clients and their counselors. Adolescents may be hesitant to share personal information with their counselors if they know that their parents have the right to access that information. This can lead to a lack of trust and hinder the therapeutic process.

One strategy counselors can use to encourage teenage clients to openly discuss their concerns is to establish a clear and confidential relationship with the adolescent. Counselors can explain to the adolescent that while they may have to disclose certain information to parents in certain situations (such as if the adolescent is at risk of harm), they will strive to maintain confidentiality and respect the adolescent's privacy. This can help the adolescent feel more comfortable opening up and sharing their concerns with the counselor.

Additionally, counselors can also involve the parents in the therapeutic process in a way that respects the adolescent's autonomy. This can include having separate sessions with the adolescent and their parents, where the adolescent has the opportunity to express their thoughts and feelings without fear of immediate parental involvement. This can help to bridge the gap between the adolescent's need for privacy and the parents' need to be involved in their child's well-being.

Overall, it is important for counselors to be mindful of the legal and ethical considerations surrounding parental rights and confidentiality, while also creating a safe and supportive environment for adolescent clients to openly discuss their concerns.

Question 3

Why are "blanket releases"and releases of client information to unknown persons problematic even when clients agree to them?

Accepted Answer

Blanket releases and releases of client information to unknown persons are problematic even when clients agree to them for several reasons:

1. **Lack of Specificity**: Blanket releases are often not specific about what information is being released, to whom, and for what purpose. This can lead to over-sharing of personal information that may not be relevant to the situation, potentially violating the client's privacy.

2. **Informed Consent**: Clients may not fully understand the implications of agreeing to a blanket release, especially if they are in a vulnerable state or do not have the legal or medical knowledge to comprehend the potential consequences. True informed consent requires a clear understanding of what is being consented to, which is often not the case with blanket releases.

3. **Potential for Abuse**: Releasing information to unknown persons opens the door to misuse of that information. Without knowing who is receiving the information and for what purpose, there is a risk that the information could be used in ways that harm the client or are contrary to their interests.

4. **Privacy Rights**: Clients have a right to privacy, and this right can be compromised by blanket releases. Even if a client agrees, it is the responsibility of the releasing party (e.g., healthcare provider, lawyer) to ensure that the client's privacy is protected and that any release of information is compliant with privacy laws and regulations.

5. **Legal and Ethical Obligations**: Professionals such as doctors, lawyers, and social workers are bound by legal and ethical codes that require them to protect client confidentiality. Blanket releases can conflict with these obligations, potentially exposing professionals to legal liability and ethical sanctions.

6. **Erosion of Trust**: If clients later feel that their information was mishandled or released more broadly than they intended, it can erode trust in the professional relationship. This can be detrimental to ongoing services and support, as clients may be less likely to share necessary information in the future.

7. **Potential for Identity Theft and Fraud**: When personal information is released to unknown parties, there is an increased risk of identity theft and fraud. Sensitive information such as social security numbers, financial data, or health records can be exploited if they fall into the wrong hands.

8. **Regulatory Compliance**: Many industries are subject to regulations that govern the release of client information, such as the Health Insurance Portability and Accountability Act (HIPAA) in healthcare. Blanket releases may not comply with these regulations, which can result in penalties for the organization and harm to the client.

For these reasons, it is crucial to ensure that any release of client information is done with careful consideration, clear communication, and strict adherence to legal and ethical standards. When possible, releases should be specific, limited to what is necessary, and provided to known and trusted entities with the client's fully informed consent.

Question 4

When using facsimile machines for transmitting client data counselors should:

Accepted Answer

A)  Avoid this practice and use "snail mail" instead 
B)  Verify receipt of client data immediately 
C)  Send whatever the client asks for provided there is a signed release for the fax transmission 
D)  All of the above 
E)  None of the above

Question 5

When clients request that counseling information be released to a third person, counselors should:

Accepted Answer

A)  Allow such a release only in an emergency or in a duty to protect situation 
B)  Actively discourage clients from seeking such releases because of the risks to their privacy 
C)  Agree to the release if it seems in the client's best interest 
D)  All of the above 
E)  None of the above

Question 6

The "duty to protect" doctrine means that:

Accepted Answer

A)  Law enforcement authorities must be contacted when a client makes credible threat of violence against another person 
B)  Counselors must offer the third party at risk for violence the opportunity to participate in counseling with them 
C)  Intensifying treatment for the client is one option that must be considered 
D)  All of the above 
E)  None of the above

Question 7

Define privileged communication and describe the difference between privileged communication and confidentiality.

Accepted Answer

The answer of Define privileged communication and describe the difference...

Question 8

Risk assessment for a dangerous client does not include:

Accepted Answer

A)  Obtaining a history of mental health treatment 
B)  Observing the client's behavior in group counseling or therapy 
C)  Gathering information about client's level of depression 
D)  All of the above 
E)  None of the above

Question 9

How are the issues that group and family counselors face in dealing with confidentiality of client communications different from the issues faced by counselors conducting individual counseling or psychotherapy.

Accepted Answer

The answer of How are the issues that group and...

Question 10

If a counselor is court-ordered to produce client records in a legal action, he or she

Accepted Answer

A)  Must consult with the ethics committee of the professional association to which he or she belongs to get direction about whether to produce the documents 
B)  Must hire an attorney and appeal the court order to a higher court 
C)  Faces an ethics complaint and lawsuit by the client if he or she complies with the court order 
D)  All of the above 
E)  None of the above

Question 11

Which of the following is not true about counseling clients with HIV spectrum disorders:

Accepted Answer

A)  A duty to protect is a well-established legal concept in these cases 
B)  Counselors should verify a client's HIV status from an independent source 
C)  Research shows that counselors treat homosexual clients at risk for HIV infection differently than heterosexual clients 
D)  All of the above 
E)  None of the above

Question 12

Why is the term "duty to warn"
a misinterpretation of the California Supreme Court's ruling in the Tarasoff case?

Accepted Answer

The answer of Why is the term "duty to warn"
a...

Question 13

Whenever clients are at serious risk for harming themselves, the Tarasoff decision in California requires that:

Accepted Answer

A)  A family member or friend must be informed of the client's self-injurious intent 
B)  Counselors make the safety of the client the highest priority 
C)  Counselors notify the police about the client's self-injurious intent 
D)  All of the above 
E)  None of the above

Question 14

Counselors and therapists should report suspected child abuse or neglect when:

Accepted Answer

A)  When a minor client reports abusive or neglectful behavior to them 
B)  When a client reports information to give professionals reason to suspect abuse in a child who is not a client 
C)  When they see an adult in the waiting room of their clinic acting abusively toward a child. 
D)  All of the above 
E)  None of the above

Question 15

In some states counselors are obliged to disclose client communications relevant to crimes other than violence to others or child/elder abuse.Describe the circumstances under which this limitation may come into play.

Accepted Answer

The answer of In some states counselors are obliged to...

Question 16

Which of the following legal rulings established that minors have some privacy rights separate from their parents:

Accepted Answer

A)  Roy v. Hartogs (1975) 
B)  Larry P. v. Riles (1979) 
C)  In re Gault (1967) 
D)  None of the above

Question 17

If a client files an ethics complaint against a counselor or therapist, that professional:

Accepted Answer

A)  May disclose client information to the adjudicating body if that body makes an official request for such information 
B)  Should first tell the committee that the information is confidential and cannot be released 
C)  Should not hire an attorney because that implies guilt 
D)  All of the above 
E)  None of the above

Question 18

How should mental health professionals respond to subpoenas and court orders?

Accepted Answer

The answer of How should mental health professionals respond to...

Exam 5: Confidentiality: Supporting the Clients Right to Privacy