TPC-Digest-Vol-2-Iss-3

6 Jeffrey S. Lawley is an Assistant Professor at Louisiana State University-Shreveport. Correspondence can be addressed to Louisiana State University-Shreveport, 1 University Place, BE Building 348, Shreveport, LA 71115, jslawley@gmail.com . HIPAA, HITECH and the Practicing Counselor: Electronic Records and Practice Guidelines–DIGEST Jeffrey S. Lawley Changes in laws regarding counseling practice, such as guidelines for electronic records are an emerging issue of significant legal and ethical concern for counselors. Poorly maintained electronic records and inadequately secure electronic communication are significant legal and ethical risks for counselors. The HIPAA security rule went into effect in 2005 and created specific legal guidelines for electronic protected health information (ePHI) and communication, including the need for offsite backups and guidelines for secure communication of client information. Additionally, the security rule has guidelines for physical access to computers and other devices that may be able to access ePHI. The HITECH Act, which amended HIPAA, requires specific measures for the maintenance of ePHI. These measures include encryption, which could be considered best practice, but was not previously a requirement. While counselors are generally given an overview of laws such as HIPAA as part of their training program, many details may be lost in regards to real-world application of these rules. Although there are few significant conflicts between ethics and law regarding these issues, some of these legal points are not addressed in the current ethics code. Additionally, it can be argued that more advanced subjects in computers and technology, The Professional Counselor Volume 2, Issue 3 http://tpcjournal.nbcc.org © 2012 NBCC and Affiliates, Inc. www.nbcc.org TPC Digest A b s t r a c t The use of technology in counseling practice is constantly expanding, offering new tools for communication and record-keeping. These toold come with significant legal and ethical risks for counselors as well ad counselor educators and supervisors. Rules from HIPAA and HITECH are discussed in relation to counseling practice. Guidelines for electronic records and communications are suggested.