Law and Ethics Practice Exam

What is your legal obligation if a client insists on no session records to avoid a paper trail?

1. Agree because of confidentiality rights

2. Instruct them that you must keep records despite their request

3. Ignore records and inform them about HIPAA laws

4. Only keep records if insurance is billed

The correct answer is: Instruct them that you must keep records despite their request

The correct choice emphasizes that, regardless of a client's request to avoid session records, legal and ethical obligations require the practitioner to maintain accurate and thorough documentation. This responsibility is rooted in several important principles. Maintaining session records is essential for several reasons: it provides a clear account of the therapeutic process, supports clinical decision-making, and ensures compliance with legal and ethical standards. There are also regulatory requirements, such as those established by professional licensure boards and HIPAA, which mandate keeping such documentation to protect both the client and the provider. This obligation remains irrespective of client preferences, underscoring the importance placed on ethical standards in the practice of law and ethics. While confidentiality is indeed crucial, it is not absolute; practitioners must balance it against the necessity to have accessible records. In many instances, documentation can exist in a manner that protects the client's identity and privacy while still fulfilling the requirement to keep records. Other options do not adequately address the necessity of maintaining records in accordance with legal obligations and ethical standards. Agreeing to the client's request without maintaining records can lead to significant risks, including potential legal repercussions for the practitioner. Ignoring records while inaccurately representing knowledge of HIPAA laws does not align with professional conduct. Additionally, keeping records only when insurance is