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Ethics & Legal Chapter 6 2nd Set
Test Prep
20
Other
Graduate
02/20/2011

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Cards

Term
What steps should a counselor take regarding a subpoena?
Definition
Consult an attorney; alert supervisor. if subpoenaed to appear at a hearing but no mention of records-do not take records. Attorney may quash subpoena or ask for privilege for client.
Term
How does a counselor respond to written interrogatories?
Definition
Consult openly with attorney; develop answers; lawyer reviews and edits. Alert your supervisor to answers.
Term
Who attends a counselor's deposition?
Definition
The counselor and his/her attorney.
Term
How should a counselor respond if directed to turn over records by supervisor or attorney?
Definition
Consult with attorney; only give copies or summaries of case notes.Never forward info from other professionals (drs.)
Term
What are the ACA standards regarding subpoenas for counseling records?
Definition
Obtain written release/informed consent from client; if impossible, limit information as narrowly as possible
Term
Who has the duty to quash the subpoena regarding counseling records?
Definition
The client and his/her attorney must assert their legal privilege. Couneslor can assert on client's behalf if unavail.
Term
What are cautions for counselors regarding use of the telephone?
Definition
Never acknowledge clients receive services to unknown callers; know telephne conversations can be compromised;verify you are talking to specific person. Only use appropriate settings to have telephone conversations.
Term
What are strategies to insure client confidentiality regarding answering services?
Definition
Only designated persons listen to msgs; phone messages are only listened to in private; access codes to voicmail must be protected. Never retreive msgs. with client present.
Term
Are notes regarding phone messages confidential records?
Definition
Yes, and must be treated as such.
Term
What are two important factors regarding voice messages for counselors?
Definition
1) a recording is being created that will exist until destroyed. 2) no way to ensure the person intended to get message will be the one who listens. msg should be benign and give little info
Term
Are cell calls more or less secure than land lines?
Definition
Less (of course) can be intercepted or overheard
Term
What are risks using fax machine?
Definition
Cannot guarantee confidentiality on other side of transmission. Use a cover sheet regarding confidential material. Prearrange transmission. Obtain release for fax transmission.
Term
What are some strategies to protect computer files for counselors?
Definition
Avoid using a computer that others have access to; Use secure, limited-access passwords for files; avoid having monitors in areas visible to others;destroy computer files as hard copies; use a coding system to avoid identifiers. Store back up in secure location.
Term
What is the primary concern of email for counselors?
Definition
Email creates a record that cannot be destroyed or is vulnerable to exposure for a client. Clients who use email should be advised of the risk.
Term
Though controversial, what are some perceived advantages of internet or tele-counseling?
Definition
Client anonymity, increased accessibility, greater scheduling freedom, improved preparation for counselor.
Term
What are some concerns regarding telecounseling?
Definition
counselors may make mistakes based on assumptions; lack of secure communications; lack of relationship building; counselors may not know if client is threat to self or others; no established fee structure
Term
What are possible client disadvantages to web counseling?
Definition
1)frustration/problems with technology 2) lack of immediacy 3)absence of personal warmth
Term
What are the major legal question regarding online counseling?
Definition
Is it permitted in states in which counselors must be licensed to practice. Where does the counseling take place and which laws govern the service?
Term
What steps must be taken to protect a client using online counseling?
Definition
Clients must be informed about benefits and limitations; used only with clients it is appropriate for, follow laws related to practice and seek legal advice regarding state and national laws across legal boundaries.
Term
What are some diversity concerns regarding the use of technology and counseling?
Definition
Access is not equally available. 2002 survey showed less than 50% had internet access; Whites/asians have more access than African-Am and latino. SES affects access.
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