Professional Ethics and Legal Responsibilities
What this domain tests
Professional Ethics and Legal Responsibilities covers the NAADAC Code of Ethics, informed consent, confidentiality, 42 CFR Part 2, HIPAA, mandated reporting, duty to protect, boundaries, documentation, and professional impairment. The exam tests whether you can identify the stricter rule and the correct release process.
Core rules and concepts
- SUD treatment records under 42 CFR Part 2 generally require written patient consent for disclosure; HIPAA alone is not enough.
- Exceptions include medical emergencies, certain court orders, and authorized research or audit activities, each with specific conditions.
- Mandated reporting of suspected child abuse or neglect overrides confidentiality; report only required information.
- Duty to protect may require warning or protective action when a client poses serious danger to an identifiable person.
- Avoid dual relationships that impair objectivity; document consultations and boundary decisions.
Worked example
An attorney subpoenas a client’s SUD records without the client’s consent. Do not release records merely because a subpoena arrives. Under Part 2, a subpoena generally is not sufficient; you need a valid written consent or a court order meeting Part 2 requirements, and you should consult legal counsel. The reasoning: Part 2 is more protective than HIPAA, and unauthorized disclosure is a legal and ethical violation.
Traps
Releasing information to family “for support”; assuming HIPAA satisfies Part 2; ignoring reporting duties; and failing to document consent, refusals, and consultations.