Ethical Challenges to Record Keeping and Mandated Reporting
Counselors have numerous professional, ethical, and legal obligations related to court-ordered requests for client records and/or other information. At times, the demands of the legal system may conflict with a counselor's ethical obligation to maintain confidentiality of records.
In particular, two federal statutes, the Health Insurance Portability and Accountability Act (HIPAA) and the Family Educational Rights and Privacy Act (FERPA) have influenced the maintenance and release of counseling records.
It is important for counselors to have a working knowledge of how to respond to court orders, the release of client records, or compelled testimony.
Additionally, counselors should operate under the assumption that at some point, a variety of interested parties, including colleagues, third-party payers, attorneys, courts, employers, schools, and the client, may obtain access to these records.
Clinical case notes, administrative and bill records, appointment books, intake notes, digital notes, and memos reflect the various types of possible counseling records of interest to the parties mentioned above.
Discussion B: For this Discussion, review the ethical challenges related to court-ordered reporting of counseling records. Then, consider how to address each of these challenges.
Post by Day 3 a brief description of two ethical challenges related to record keeping and/or reporting when the legal system is involved.
Specifically, one of these challenges must relate to adherence to court-ordered reporting of counseling records. Note which challenge and provide details.
Then, explain how you would address each of these challenges. Be specific and reference the relevant ethical codes.
Be sure to use the Learning Resources and the current literature to support your response.
Discussion B
Ethical Challenges Related to Record Keeping/Report
A professional counselor uses record keep for a number of different reasons, when treating clients. Their primary purpose of keeping records is to assist in providing clients best possible counseling service (Remly & Herlihy, 2014).
Record keeping helps counselors to refresh their memory prior to their sessions. Record keeping is not only beneficial to the counselor but the client as well, it helps to measure their progress and change during their sessions.
There are also some ethical challenges or dilemmas related to record keeping and reporting in which records are subpoenaed by a judge or any legal representative requests records of a client. ACA code of ethics in section B.4.e. and Section B.4.c. Standard B4.e. requires counselors to obtain written permission from clients to disclose or transfer records to legitimate third parties unless exceptions to confidentiality exist (ACA, 2014).
This is an ethical challenge when a counselor is subpoenaed for record legally even if a client has not signed off on it. Standard B.4.c addresses the issue of informed consent (ACA, 2014). This has became an ethical challenge in the legal system when it comes to electronically recording or observing a session.
Addresses The Challenges
In Remly and Herlihy (2014) textbook they recommend a counselor to always consult with their own attorneys before turning over records or appearing at a deposition hearing, or trail in response to a subpoena. Although a subpoena is a legal court order, counselors have to be mindful of what information to turn over.
Many attorneys will accept summaries of notes or any other compromises (Remly & Herlihy, 2014), When counselors turn over records to legitimate third parties written document is always best, the Standard of Practice (SP-15) requires a clients consent to disclose information but does not have to be written. Writing consent shows evidence confidently is not broken if a client or other parties denies the consent.
References
American Counseling Association (ACA). (2014). 2014 ACA code of ethics [White Paper].
Remley, T. P., Jr., & Herlihy, B. (2014). Ethical, legal, and professional issues in counseling (4th ed.). Upper Saddle River, NJ: Pearson Education.