Running head: WHOSE RECORDS 1
Whose Records
Student's Name
University
Course
Professor
Date
WHOSE RECORDS 2
Whose Records
Identified Problem
The podcast provides a brief conversation between a client and a receptionist at a
counseling firm. In their discussion, the receptionist reveals that the client had a habit of
changing counselors after a few sessions and actually implied that it was wrong and ineffective.
While it was true that the client had such a habit, the admission by the receptionist and the
skewed and biased consideration of that habit is itself unethical. The client has the freedom of
switching counselors at will without having to qualify their actions (Kaplan et al., 2017).
Besides, the receptionist also downplays concerns from the client regarding the confidentiality of
her information. In particular, the request for personal information, as well as notes taken during
sessions, was downplayed as not being important, thereby constituting a threat to the
confidentiality and privacy of the client. Perhaps even more troubling is the fact that the
receptionist has access to notes from previous counseling sessions. Reasonable access to one's
records is a right of the client, and counselors should facilitate their transfer upon the client's
request.
Applicable ACA Codes
The concerns of the client regarding her displeasure with the counselor should be
respected by the receptionist. In essence, the client feels that their confidentiality and privacy is
likely to be violated through the use of their notes and personal information. According to the
American Counseling Association, section A1 prohibits counselors from making referrals based
on their values and beliefs and should instead consider the client's preferences (ACA, 2014).
Besides, Section B.6 of the code of ethics compels counselors to provide access to information to
WHOSE RECORDS 3
the client unless there is reasonable justification to withhold some of the information on record
(ACA, 2014). In the podcast, the receptionist had not a justifiable reason for withholding client
information and should have facilitated the transfer of all information as requested by the client.
Ultimately, the counselor is in violation of the code of ethics by the American Counseling
Association.
Applicable State Codes
The failure to protect the confidentiality and privacy of client information is also a
violation of state regulations in the state of Florida. In particular, the Florida Board of Clinical
Social Work, Marriage & Family Therapy, and mental Health Counseling regulate ethical
behavior among counselors. The Florida Statutes, under chapter 491, affirms the duty of
upholding the confidentiality of client information to counselors (The Florida Senate, 2018).
Besides, the regulation also provides unlimited access to clients in cases of request for
information (Lamb, 2018). In the podcast, the receptionist threatened the confidentiality of
patient information by failing to facilitate the transfer of all information and records upon the
termination of the counseling relationship. The state regulation grants clients the right to
determine the storage media used by the counselors in storing their information. Inherently,
therefore, the client has a right to ask for the transfer of all information from the counselors'
records.
Applicable Federal Mental Health laws.
The receptionist is in violation of the federal regulations pertaining to the handling of
client information. According to the Health Insurance Portability and Accountability Act of 1996
(HIOPPAS), clients have control over medical information. In this case, the client requested for
WHOSE RECORDS 4
transfer of the information contained in the counselor's notes as well as personal information.
Based on federal regulation, the receptionist should have facilitated the transfer of this
information to the client.
WHOSE RECORDS 5
References
ACA. (2014). ACA Code of Ethics. American Counseling Association | A professional home for
counselors. https://www.counseling.org/Resources/aca-code-of-ethics.pdf
Kaplan, D. M., Francis, P. C., Hermann, M. A., Baca, J. V., Goodnough, G. E., Hodges, S., ... &
Wade, M. E. (2017). New concepts in the 2014 ACA Code of Ethics. Journal of
Counseling & Development, 95(1), 110-120.
Lamb, L. A. (2018). The Death of the PSQIA for Providers in Florida. U. Fla. JL & Pub. Pol'y,
29, 265.
The Florida Senate. (2018). CHAPTER 491 CLINICAL, COUNSELING, AND
PSYCHOTHERAPY SERVICES. Calendar for 11/22/2020 - The Florida Senate.
https://www.flsenate.gov/Laws/Statutes/2018/Chapter491/All
