HELPFUL RECEPTIONIST 1
The Helpful Receptionist
School of Behavioral Sciences, Counselor Education & Family Studies, Liberty University
COUC-501: Ethics and Legal Issues in Counseling
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Identified Problem
The identity of the client as a client, and the fact that the client was receiving counseling
services, is considered private, confidential, and privileged information, thereby protected by the
ethical standards of the American Counseling Association [ACA], (ACA, 2014) Code of Ethics
and other counseling associations to which the counselor may belong. The client’s rights are also
protected by state ethical standards and as a legal privilege by state and federal law (Remley &
Herlihy, 2020; ACA, 2014; Michigan Compiled Laws, 330.1748, 330.1748; Health Insurance
Portability and Accountability Act [HIPAA], 1996, Pub. L. No. 104-191; Jaffee v. Redmond,
1996).
The counselor is responsible for the actions of assistants and subordinates (§§C.1; C.2.c.;
B.3.a; D.1.f.; ACA, 2014; Remley & Herlihy, 2020, Chapter 5). By disclosing to a third party, the
client’s presence in the counseling office, and by inference, that she was receiving services, the
receptionist, in her effort to be helpful, unintentionally and on behalf of her counselor (employer
and supervisor), violated the ethical principles of privacy and confidentiality proscribed by the
Code of Ethics (ACA, 2014), state licensure boards, and other association ethics standards.
Additionally, the counselor may be vicariously liable for any damages or harm to the client under
applicable state and federal laws (Remley & Herlihy, 2020, Chapter 5).
As described below, the counselor may face ethical consequences with her state licensure
board, the ACA or other counselor associations to which she belongs. Additionally, if the client
suffers harm or damages because of this disclosure, the counselor may be liable under state or
federal law protecting privacy, confidentiality, and privileged communication (Remley &
Herlihy, 2020, Chapter 5).
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Applicable ACA Codes
In this scenario, under the (ACA, 2014, §§B.3.a; C.1; C.2.c.; D.1.f.), the Code of Ethics
counselor is responsible for hiring, training, competency, awareness of ACA standards of
subordinates or assistants. The counselor and subordinates are required to respect the client’s
privacy (§B.1.b), confidentiality (§B.1.c), avoid harm to clients (§A.4.a). They are required to
clearly define who is “the client” and expectations and limitations of confidentiality (§B.4.b).
The client clearly expected her counseling to be kept private and confidential. The counselor is
responsible for the ethical transmission of confidential information under the Code of Ethics
section B.3.e. and for maintaining a confidential setting (§B.3.c). The client was just minutes
from running into her husband in the open reception area. Perhaps a private entrance and exit for
clients only might be prudent (Remley & Herlihy, 2020).
Applicable State Codes/ or Mental Health Laws
With respect to confidentiality, Michigan counselors are subject to the ethical standards
of the National Board for Certified Counselors (NBCC, 2016) and the (ACA, Code of Ethics
2014) through the Michigan Counselor Licensure Law (M.C.L §333.18114) and administrative
rules.
Confidentiality is legally protected by the Michigan Mental Health Code (M.C.L.
§330.1748) and privileged communication is protected by the Michigan Mental Health Code
(M.C.L. §330.1750) and the Public Health Code (M.C.L §333.18101).
Applicable Federal Mental Health Laws
It is likely that disclosure of the client’s identity and counseling relationship would be
protected as private and privileged information under the Health Insurance Portability and
Accountability Act of 1996 and the United States Supreme Court decision, Jaffee v.
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Redmond (1996), which found that counselor-client relationship was protected as privileged
communication (Remley & Herlihy, 2020, p. 110). Depending on the treatment she is receiving,
there are also federal regulations that protect privacy for specific treatments like substance abuse
disorder (Confidentiality of Substance Use Disorder Patient Records, 2020).
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References
American Counseling Association. (2014). . Retrieved from ACA Code of Ethics
http://www.counseling.org
American Mental Health Counselors Association. (2020). . Retrieved from Code of Ethics
https://www.amhca.org/viewdocument/2020-amhca-code-of-ethics?
CommunityKey=88ff9fb7-8724-4717-8a7c-4cf1cd0305e9
Confidentiality of Substance Use Disorder Patient Records, 42 C.F.R., Part 2. §404.260 (2020).
Retrieved from https://www.federalregister.gov/documents/2020/07/15/2020-
14675/confidentiality-of-substance-use-disorder-patient-records
Michigan Certification Board for Addiction Specialists. Retrieved April 14, 2021 from
https://www.mcbap.com/ethics/counselorscriminal-justice-code-ethics/#:~:text=Code
%20of%20Ethical%20Standards&text=The%20counselor%20shall%20not
%20discriminate,issues%20into%20the%20counseling%20relationship
Michigan Mental Health Code, Act 258 of 1974, Michigan Compiled Laws, Sec. 330.1748,
330.1750. Retrieved from http://www.legislature.mi.gov/
(S(h5vz2hgrckdoiy4salhgamwl))/mileg.aspx?page=getobject&objectname=mcl-330-
1750&query=on
Michigan Public Health Code. Act 368 of 1978. Part 181, effective Jan 27, 2020; M.C.L
§333.18114). Retrieved from http://www.legislature.mi.gov/documents/mcl/pdf/mcl-act-
368-of-1978.pdf
National Board for Certified Counselors (2016). . Retrieved from Code of Ethics
https://www.nbcc.org/Assets/Ethics/NBCCCodeofEthics.pdf
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Remley, T. P., & Herlihy, B. (2020). Ethical, legal, and professional issues in counseling.
Pearson.
United States Department of Health and Human Services. (2020, July 15). Confidentiality of
Substance Use Disorder Patient Records. Federal Register.
https://www.govinfo.gov/content/pkg/FR-2020-07-15/pdf/2020-14675.pdf
Health Insurance Portability and Accountability Act. Pub. L. No. 104-191, § 264, 110 Stat.1996.
HIPAA Privacy Rule and Sharing Information Related to Mental Health, retrieved April
4, 2011 from https://www.hhs.gov/sites/default/files/hipaa-privacy-rule-and-sharing-info-
related-to-mental-health.pdf
