Legal Requirements within the Counseling Field

Standard A.1.b. Positions that psychotherapist should keep records needed by laws guidelines or organizations or institutions (Association, 2005). The records should not only state what is right for the client but also what is supposed to be done according to the laws and regulations (Luepker, 2012). The documents should be kept in a secure place which is not easily accessed by an unauthorized person. For example, if it is in a computer, the counselor should have a password where he/she is the only one who can access the record in legal. The agency should also have access to the record In ethical counselor should dispose of the records after the counseling arrangements have ended without guidelines while in legal the counselor has to dispose of the records according to the agencies guidelines. Administrative record which includes any records that are not recorded or clinical case notes is more valued in legal whereas in ethical the clinical case note is the one valued. As a counselor, the first step after receiving a subpoena is to notify your lawyer for him or her to see if the subpoena is valid and know how you must respond to it. The attorney wills after that guide you on the proper manner you will use to respond.

Lisa should notify her attorney concerning the subpoena who will after guide her on how to respond to it. The mother has the right to give a copy of the record to her daughters provided she has given out written permission to Lisa. In case anything is protected by the HIPPA even if the attorney should be given; the record should be accompanied by a confidentiality notice showing that the record given is personal. Its violation can lead to fine charges or imprisonment.

References

Association, A. C. (2005). ACA code of ethics; As approved by the ACA Governing Council. American Counselling Association.

Luepker, E. T. (2012). Recording keeping in psychotherapy and counseling: Protecting confidentiality and the professional relationship. Routledge.