TPC-Digest-Vol-2-Iss-3

7 TPC Digest 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, such as the way encryption works and how it works within specific pieces of software, are now “need to know” for counselors. Ethical Issues surrounding communication via SMS, email, or other forms of electronic communication are discussed. This manuscript offers a guide for ethical and legal data backups, communication via email, SMS, or other electronic methods, the risks inherent in the use of smartphones for any counseling-related activity, rules related to psychotherapy notes and test data, online assessment, and policies regarding records access and encryption. Ethical and practical implications of HIPAA and HITECH are discussed in regards to helping counselors remain compliant with updated laws regarding ePHI and other aspects of practice. The HITECH Act, which amended HIPAA, requires specific measures for the maintenance of ePHI. Full article: Lawley, J. S. (2012). HIPAA, HITECH and the practicing counselor: Electronic records and practice guidelines. The Professional Counselor , 2, 192-200.