TPC-Journal-V2-Issue3

The Professional Counselor \Volume 2, Issue 3 199 There appear to be few conflicts between the new law and the current ACA ethics code. In fact, the law addresses some things that the current ethics code does not. The next revision of the ethics code would do well to cover some issues related to electronic communication and record-keeping in addition to its guidelines on the use of online counseling services and tools. Counselors would benefit from guidelines regarding whom to notify in the case of data loss, and may be well advised to pursue encryption of any ePHI that they handle within their practice. Counselors also would benefit from guidelines regarding awareness of current issues regarding electronic security, such as good password policies and the use of “smart” handheld devices for data access. Guidelines regarding the backup of ePHI may be of assistance to counselors who are attempting to utilize online services. Finally, CACREP (2009) guidelines for counselor training include the need of counselor educators to show that they are teaching their students about the ways that technology is changing counseling. Discussion of issues regarding ePHI should be clearly evident in training programs, specifically in ethics courses, practica, and internship. For counselor educators, these points may be easiest to integrate into existing ethics courses. While these discussions are often centered on the use of online tools as described in the current ethics code, the growing use of ePHI in the medical and mental health communities may be the most important change that technology has yet brought to the field. References Aguilera, A., & Muñoz, R. F. (2011). Text messaging as an adjunct to CBT in low-income populations: A usability and feasibility pilot study. Professional Psychology: Research and Practice , 42 , 472–478. doi:10.1037/a0025499 Agyapong, V. I. O., Farren, C. K., & McLoughlin, D. M. (2011). Mobile phone text message interventions in psychiatry— What are the possibilities? Current Psychiatry Reviews, 7, 50–56. American Counseling Association (2005). ACA code of ethics. Alexandria, VA: Author. Benefield, H., Ashkanazi, G., & Rozensky, R. H. (2006). Communication and records: HIPAA issues when working in health care settings. Professional Psychology: Research and Practice , 37, 273–277. Brendel, R. W., & Bryan, E. (2004). HIPAA for psychiatrists. Harvard Review of Psychiatry, 12 , 177–183. Committee on Legal Issues. (1996). Strategies for private practitioners coping with subpoenas or compelled testimony for client records or test data. Professional Psychology: Research and Practice , 27 , 245–251. Committee on Legal Issues. (2006). Strategies for private practitioners coping with subpoenas or compelled testimony for client records or test data. Professional Psychology: Research and Practice , 37 , 215–222. Council for Accreditation of Counseling and Related Educational Programs. (2009). CACREP 2009 standards . Retrieved from http://www.cacrep.org / Dropbox. (2011, July). Dropbox privacy policy. Retrieved from http://www.dropbox.com/privacy Erard, R. E. (2004). Release of test data under the 2002 ethics code and the HIPAA privacy rule: A raw deal or just a half- baked idea? Journal of Personality Assessment , 82 , 23–30. Freeburg, M., & McCaughan, A. (2008). HIPAA for dummies: A practitioner’s guide. In G. R. Walz, J. C. Bleuer, & R. K. Yep (Eds.), Compelling counseling interventions: Celebrating VISTAS’ fifth anniversary (pp. 305–312). Alexandria, VA: American Counseling Association. Freeny, M. (2007). Whatever happened to clinical privacy? Annals of the American Psychotherapy Association , 10 , 13–17. Gysbers, N. C., Heppner, M. J., & Johnston, J. A. (2009) . Career counseling: Contexts, processes, and techniques (3rd ed.). Alexandria, VA: American Counseling Association. Haberstroh, S., Parr, G., Bradley, L., Morgan-Fleming, B., & Gee, R. (2008). Facilitating online counseling: perspectives from counselors in training. Journal of Counseling and Development , 86 , 460–470. Health Information Technology for Economic and Clinical Health (HITECH) Act, 42 U.S.C. §§300jj et seq.; §§17901 et seq. (2009). Health Insurance Portability and Accountability Act, 45 C.F.R. § 164 (2007). Retrieved from http://www.access.gpo.gov/ nara/cfr/waisidx_07/45cfr164_07.html Hixson, R., & Hunt-Unruh, D. (2008). Demystifying HIPAA. Annals of the American Psychotherapy Association , 11 , 10–14. McDaniel, S. H. (2003). E-mail communication as an adjunct to systemic psychotherapy. Journal of Systemic Therapies ,

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