Ethics Question :

Part of my practice as a counselor involves providing clinical supervision to people who are seeking licensure . What should I do to protect myself from liability , in case I am sued for the actions of a supervisee ? For example , how could I defend myself if a therapist that I was supervising was having a personal relationship with a client — without my knowledge ?

ANSWER : The best defense against any potential risk in a situation such as this is for the clinical supervisor to have a thorough Clinical Supervision Contract or Disclosure with the supervisee in compliance with Code section III . A . ( See Appendix E , Clinical Supervision Disclosure Template , in AMHCA ’ s “ Essentials of the Clinical Mental Health Counseling Profession ” for more information ). Exploitative relationships , such as an intimate relationship between the supervisee and client are “ strictly prohibited ” according to Code section I . A . 4 . Thus , the AMHCA Code of Ethics is an excellent learning device in the clinical supervision process , and the supervisee ’ s commitment to comply with the Code assures that the clinical supervisor is not responsible if the supervisee crosses boundaries with the client without the supervisor ’ s knowledge , after the supervisee has promised to comply with the Code of Ethics .

Ethics Question :

When I engage in couples counseling , can I share information with the husband that is confided to me by the wife in order to facilitate communication between them ?

ANSWER : The Code provides in section I . A . 2 . l : “ In working with families …, the right to confidentiality of each member should be safeguarded .” When you meet with a member of a couple individually to obtain information for purposes of couples counseling , get an agreement immediately at the end of the session regarding what information can be shared to the other member of the couple , and what information may not be shared . Note this agreement in the session note for that meeting . This practice is better than a written “ No Secrets ” policy , which too often can lead to misunderstandings and to an inadvertent breach of confidential information .

?

24 The Advocate Magazine Summer 2021 American Mental Health Counselors Association ( AMHCA ) www . amhca . org

?

The AMHCA Ethics Committee has compiled the most frequently asked ethics questions it receives into a resource for counselors . Submit your own FAQ for consideration — no membership required !

AMHCA members : Use the online form to submit an ethical concern for the Ethics Committee .

To download the Code of Ethics , free , or to submit an ethics question , an FAQ question , or an ethical concern , go to :

www . amhca . org / publications / ethics

Note that AMHCA members should refer to their state licensing board for specific solutions or direction . Since this platform is intended for ethical decision-making assistance , it is not legal advice . For legal advice , please consult with an attorney in your state .

Read more Ethics FAQ questions at : www . amhca . org / publications / ethics / ethicsfaq

Ethics Question :

Ethics Question :

Am I required to report another CMHC if I know that the counselor cannot practice competently or if I know of an ethical violation that a professional has committed ?

ANSWER : The Code addresses this problem in II . A . 7 , which provides : “ When CMHCs have knowledge of the impairment , incompetence , or unethical conduct of a mental health professional , they are obliged to attempt to rectify the situation . Failing an informal solution , CMHCs should bring such unethical activities to the attention of the appropriate state licensure board and / or the ethics committee of the professional association .” If the information about the unethical conduct of another professional comes from a client and constitutes confidential treatment information , obtain consent in writing in a release by the client before disclosing it .

What am I required to do when I receive a subpoena for my records ?

ANSWER : The Code provides excellent guidance in this situation in section I . A . 2 . d which states : “ CMHCs are advised to seek legal advice upon receiving a subpoena in order to respond appropriately .” A CMHC should check with their professional liability insurer to determine if their insurance policy contains coverage for the counselor to retain an attorney to handle the subpoena , and provides that the insurer will pay the attorney fees involved . An attorney may need to file a motion to quash if the subpoena was not properly served , or to file a motion for protective order if the subpoena seeks confidential treatment information or records , and the client does not consent to these disclosures . A subpoena does not compel the production of counseling records and does not compel testimony by a CMHC : client consent is needed , in writing , in order to disclose confidential treatment information . A subpoena , properly served , does compel a CMHC to appear at the time and place indicated in it . Legal advice can assist a counselor to determine if the subpoena was properly served , and should assure that the CMHC ’ s response to the subpoena is proper , in order to avoid a breach of confidentiality through the disclosure of confidential information without client consent .