Ethics tells counselors what they should do; law tells them what they must do. This lesson covers the moral principles behind the ACA Code of Ethics, confidentiality and its limits, duty to warn and protect, privilege, records, minors, mandated reporting, telehealth, boundaries and a step-by-step way to work through ethical dilemmas.
Note: this lesson teaches general principles, not legal advice. Laws differ by state and country. The ACA Code of Ethics was last fully revised in 2014, and a revised code was scheduled for adoption in fall 2026; check counseling.org for the current version.
The ACA Code of Ethics names six principles that guide ethical behavior. When the code does not answer a question directly, counselors reason from these. Tap each card.
| Case or law | What it does | What counselors do |
|---|---|---|
| Tarasoff v. Regents of the University of California (1974, 1976) | Established a duty to warn, then a duty to protect, an identifiable person from a client's serious threat of violence. | Know your state's law: some require warning, some permit it, and some allow other protective steps such as hospitalization. |
| Jaffee v. Redmond (1996) | The U.S. Supreme Court recognized psychotherapist–patient privilege in federal courts, including licensed clinical social workers. | Assert privilege on the client's behalf when records or testimony are requested. |
| HIPAA (1996) Privacy and Security Rules | Protects health information and gives clients rights to access their records; psychotherapy notes kept separately have extra protection. | Give a notice of privacy practices, secure records, share the minimum necessary. |
| 42 CFR Part 2 | Protects records of federally assisted substance use disorder programs, with strict consent rules. | Use Part 2-compliant consent forms before sharing SUD treatment information. |
| FERPA (1974) | Gives parents and eligible students rights to education records. | School counselors know which notes are education records and which are sole-possession notes. |
| Mandated reporting laws | Require reporting suspected child abuse in every state; many states also require reporting elder or dependent-adult abuse. | Report reasonable suspicion promptly; you do not need proof. |
| Americans with Disabilities Act (1990) | Protects people with disabilities, including mental health conditions, from discrimination and requires reasonable accommodations. | Make services accessible and help clients request accommodations. |
| Counseling Compact | An interstate agreement that lets licensed counselors practice in member states through a privilege to practice. | Check whether your state and the client's state have joined before practicing across state lines. |
Sexual or romantic relationships with current clients, their romantic partners or family members. With former clients, the 2014 ACA Code prohibits these relationships for five years, and even after that the counselor must show they are not exploitative.
Nonprofessional relationships, such as attending a client's wedding or living in a small town where roles overlap. Consider benefit and risk, discuss with the client, consult and document.
Consider the relationship, the gift's value, the client's and counselor's motives, and cultural meaning. Bartering is acceptable only if it is not exploitative, the client requests it, and it is accepted practice in the community.
Counselors do not impose their values. Referral is for lack of skill, not for value conflicts, and counselors seek training to serve clients they disagree with.
Counselors generally must be licensed (or hold a compact privilege) where the client is located during the session.
Use encrypted, HIPAA-compliant platforms and a business associate agreement. Plan for emergencies: know the client's location and local crisis resources.
Keep professional and personal accounts separate, do not friend or follow clients, and never post client stories, even "de-identified" ones.
Do not enter identifiable client information into AI tools without consent and secure agreements. Explain any AI use in informed consent.
The Forester-Miller and Davis model has seven steps. Use the walkthrough on the example dilemma or one of your own, then compare with the sample reasoning.
Problem: a minor's disclosure of self-harm versus her request for secrecy. Code: confidentiality of minors and its limits, client welfare, parents' rights. Principles: autonomy versus beneficence and nonmaleficence. Consult a supervisor and review school policy and state law. Options: keep it secret (unsafe), tell parents without telling Maya (breaks trust), or assess risk with Maya, plan together how to inform her parents, and build a safety plan. Choose the last option; it protects safety and respects her voice. Document and follow up.
Videos and peer-reviewed articles published in 2016 or later. Links need an internet connection.
Why speaking up matters, a starting point for discussing reporting unethical colleagues.
How ordinary people rationalize small ethical lapses, and how to guard against it.
A ready-to-teach lesson with case debates, a confidentiality sort and an ethical decision-making write-up.
For education. Not legal advice. Consult your state licensing board, an attorney and your supervisor about specific situations.
