Ethics, Legal, and Professional Standards
What to know
Ethics codes (APA, and state licensure law) govern competence, informed consent, confidentiality and its limits, multiple relationships, boundaries, fees, and record-keeping. Know the difference between ethical standards and legal requirements, and that when they conflict, the higher standard generally governs. Understand Tarasoff-type duty to protect, mandatory reporting of child and elder abuse, HIPAA privacy and security rules, and subpoena versus court order. Informed consent includes nature of treatment, risks, benefits, alternatives, fees, and limits of confidentiality. Competence includes cultural and technological competence. Research ethics (IRB, informed consent, deception and debriefing) also appears.
Traps
Questions often test whether a subpoena alone permits disclosure-usually it does not without client consent or a court order. Another trap: assuming confidentiality ends at 18 or that minors lack any confidentiality rights. Watch for boundary crossings versus violations, and for bartering or gift acceptance questions where the answer hinges on exploitation risk.
Rule of thumb
When in doubt, seek consultation and document the decision-making; disclose the minimum necessary and only when legally required or consented.
Worked example
A subpoena arrives for a client's records. The correct step is to notify the client, seek consent, and consult legal counsel before releasing anything, rather than complying outright.