Volume_5_Issue_3_Digest

12 TPC Digest Tyler Wilkinson Rob Reinhardt Technology in Counselor Education HIPAA and HITECH as Best Practice Tyler Wilkinson, NCC, is a Visiting Assistant Professor at Mercer University. Rob Reinhardt, NCC, is in private practice in Fuquay-Varina, NC. Correspondence may be addressed to Tyler Wilkinson, 3001 Mercer University Drive, Atlanta, GA 30341, Wilkinson_rt@mercer.edu . The Final Omnibus Rule for the Health Information Technology for Economic and Clinical Health Act (HITECH; 2009) went into effect in 2013 (Modifications to the HIPAA Privacy, 2013). This final ruling crystallized penalties for those who violate the guidelines of the Health Insurance Portability and Accountability Act (HIPAA) and HITECH. Notably, individuals who claim that they “did not know” (Modifications to the HIPAA Privacy, 2013, p. 5583) they were in violation of these laws can be fined up to $50,000 per incident. Counselors are now without excuse if they find themselves in violation of the laws and regulations of HIPAA and HITECH. Additionally, laws like HIPAA and HITECH continue to emphasize the movement in health care toward increasing use of technology, especially as it relates to the storage, transmission and disposal of electronic protected health information. Recent discussion in the literature has focused on the impact of technology as it relates to counselors in practice (Lawley, 2012). Since 2013, the final HITECH rulings have gone into effect and the American Counseling Association (ACA) has released the latest Code of Ethics (2014). One of the notable changes to this new version is the introduction of Section H: “Distance Counseling, Technology, and Social Media.” The inclusion of this section recognizes the increasing importance for counselors to be aware of the ethical and legal implications of using technology and digital media in practice. We believe that counselor training programs must be mindful to include these new codes in the preparation of counselors. Ethical counselors are expected to understand the laws and statutes as they relate to the use of technology in their practice (ACA, 2014, H.1.b). They also need to understand the unique nature of security (H.2.d) and confidentiality (H.2.b) in the use of technology (ACA, 2014). Many counselor training programs use technology to some extent, especially in clinically oriented classes (e.g., counseling skills, practicum, internship). The language of HIPAA and HITECH provides an excellent framework from which counselor educators can work to develop a set of policies and procedures regarding the ethical use of technology and digital media in their counselor training programs. This article assumes that many counselor education programs would not legally be considered covered entities as described in HIPAA; however, utilizing the standards, recommendations and guidelines of HIPAA and HITECH can be seen as best practice. The authors believe that incorporating policies and procedures into the counseling program enables the integration of ethical training throughout the counseling program. This practice helps adhere to Section H of the ACA Code of Ethics (2014) and provides applicable learning opportunities for students to become more familiar with HIPAA and HITECH. 12