TCC Texas Counselor Ethics & Legal Standards 2 — Questions and Answers
Question 1: Under Texas law, a Licensed Professional Counselor (LPC) who suspects child abuse is required to report within how many hours of forming the suspicion?
- 24 hours
- 48 hours (Correct answer)
- 72 hours
- No specific time limit
Correct answer: 48 hours
Texas Family Code requires mandated reporters to report suspected child abuse within 48 hours of first suspecting it.
Question 2: A Texas LPC receives a subpoena for a client's counseling records. What is the MOST appropriate initial step?
- Immediately release all records to the court
- Notify the client and consult an attorney before releasing records (Correct answer)
- Refuse to comply because counseling records are always privileged
- Ask the State Board of Examiners of Professional Counselors for permission
Correct answer: Notify the client and consult an attorney before releasing records
The counselor should notify the client and seek legal advice to assert privilege or comply appropriately before releasing records.
Question 3: Which Texas statute primarily governs the licensing and regulation of professional counselors?
- Texas Occupations Code Chapter 503 (Correct answer)
- Texas Health & Safety Code Chapter 611
- Texas Family Code Chapter 261
- Texas Penal Code Chapter 22
Correct answer: Texas Occupations Code Chapter 503
Texas Occupations Code Chapter 503 establishes the licensure requirements and regulatory framework for Licensed Professional Counselors.
Question 4: A client discloses a plan to harm a specific, identifiable third party. Under the Texas duty-to-warn standard, what must the counselor do?
- Keep the information confidential per the therapeutic relationship
- Warn the potential victim and notify law enforcement (Correct answer)
- Only notify law enforcement and not the intended victim
- Document the threat and take no further action unless the client acts
Correct answer: Warn the potential victim and notify law enforcement
Texas follows a duty-to-protect standard requiring counselors to warn the identifiable intended victim and notify law enforcement.
Question 5: How long must Texas LPCs retain adult client records after the last date of service?
- 3 years
- 5 years (Correct answer)
- 7 years
- 10 years
Correct answer: 5 years
Texas State Board rules require counselors to retain adult client records for at least 5 years from the last date of service.
Question 6: A counselor in Texas wants to terminate the therapeutic relationship with a client who is no longer making progress. Which ethical obligation is MOST critical at termination?
- Providing at least 30 days advance written notice
- Offering referrals and ensuring the client has access to continued care (Correct answer)
- Obtaining written consent from the client before terminating
- Filing a termination report with the State Board
Correct answer: Offering referrals and ensuring the client has access to continued care
Ethical termination requires counselors to provide appropriate referrals so clients can obtain continued care without abandonment.
Question 7: Under the Texas Health & Safety Code Chapter 611, a client's mental health records may be released without consent in all of the following situations EXCEPT:
- To report suspected child abuse
- To a treating healthcare provider in an emergency
- To the client's employer upon request (Correct answer)
- Pursuant to a court order
Correct answer: To the client's employer upon request
An employer's request does not constitute a permitted exception under Chapter 611; client authorization is required for employment-related disclosures.
TCC Texas Counselor Ethics & Legal Standards 2
Under Texas law, a Licensed Professional Counselor (LPC) who suspects child abuse is required to report within how many hours of forming the suspicion?