Unit 9 Discussion

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How would you respond to the supervisor’s comments? If my supervisor’s response to my question regarding why we keep so much documentation at our agency was “this is the way all professional counseling agencies keep records. Weren’t you taught record keeping in your master’s degree program?”, I would definitely be taken aback especially if it was said in a patronizing tone. My response to my supervisor would be: “I am familiar with record keeping, however, to my knowledge such extensive documentation can distract me from the goals I am working towards with my clients (Remley and Herlihy, 2020). I believe that it is essential to use my professional time and energy in the most effective way possible, and being responsible for maintaining such detailed records can distract me from that. This can become a violation of Section A.1.b. (ACA, 2014) of providing sufficient and timely documentation, due to the agency’s current record-keeping process. As for your recommendation to complete 3 pages of notes after each client session, I also believe that is a bit excessive. The purpose of clinical case notes is to serve as a refresher of what was discussed, goals being addressed, and the progress of each client. In other words, a simple summary of the session to jog my memory should be sufficient when it comes to clinical case notes (Remley and Herlihy, 2020). This can also assist me and other counselors in maintaining client confidentiality by not summarizing the entire session in our clinical case notes. Also, it seems to be that the requirement of entering a diagnosis for each client does not pertain to all situations. To my knowledge, a diagnosis should only be rendered if a disorder exists (Remley and Herlihy, 2020); can you please provide further clarification for me? When working with my clients, I do believe we must stay flexible regarding each client’s goals and their progress towards those goals. Because of this, I do believe that the requirement of creating 5 goals for each client can be restrictive, and in some cases detrimental, to the unique progress of each client. I will ensure to review and uphold all policies and procedures, and I hope to be able to revisit the agency’s record-keeping process in the near future. What could a new employee do to prevent the supervisor’s comments from happening in the first place? In order to prevent the supervisor’s comments from, a new employee could take the time to review the agency’s policies and procedures during the hiring/onboarding process, in order to become familiar and be aware of what protocols need to be taken regarding all records. A new employee can also ask themselves “why” each note or record is being created (Remley and Herlihy, 2020). What would you do if your intake notes were subpoenaed? It is possible that my clinical case notes may be subpoenaed at some point in my career, which are legal demands from the court system to appear and provide testimony (APA, 2016). It is important for counselors to know what the subpoena entails and if they have a legal obligation to turn over the information being requested (Remley and Herlihy, 2020). If I am employed through an agency, my first step would be to consult with my supervisor to advise them that I

have been subpoenaed and ensure I am following any policies and procedures that may be in place for this situation. If my employer provides me with a lawyer, I can then consult with the lawyer to determine what the best course of action would be. If my employer does not provide me with a lawyer, I will follow my supervisor’s directives in the matter. Additionally, if I am an independent private practice when I get subpoenaed, I can consult with my own practice attorney (Remley and Herlihy, 2020). The attorney will review the subpoena and determine whether the demand is legally valid (APA, 2016). When consulting with my supervisor and/or attorney, it is imperative that I share all relevant information pertaining to the reason why I am being subpoenaed. It is important to understand whether privileged communication is applicable to the case, in the case that the subpoena comes from a party other than my client’s attorney. A subpoena from my client’s attorney usually means that the client has waived their privilege and I, as the counselor, can disclose the records being requested (Remley and Herlihy, 2020). However, in all cases, it is important to seek and follow legal advice before ultimately disclosing any information in a court of law. Additionally, it would be important for me to thoroughly explain to my client my role going from treatment/evaluation to testimony (Bush et al., 2006). I should also take the appropriate steps to receive written informed consent from my client or take the necessary steps to keep from disclosing that information due to the possibility of the therapeutic relationship being harmed (ACA, 2014, § B.2.d.). What are possible diversity variables in this scenario? If you are not sure, then how would you go about identifying those diversity variables? Given the information provided, there are no immediate or obvious diversity variables in the scenario. However, certain instances can possess some diversity variable depending on the client. Working with a plethora of cultures requires professional to remain knowledgeable about certain characteristics. The intake form discussed in this scenario calls for the client to disclose thorough information, such as social history. Some cultures are very closed off to individuals outside of their family, such as the Asian culture, and are not accustomed to freely share intimate information, especially relating to mental health. For example, when it comes to the agency’s requirement of entering a diagnosis in their treatment plan with every client, it can be easy for a counselor to misdiagnose a client if they are not familiar with their culture, traditions, and beliefs. One example of this can be found in the diagnosis of the Hmong Sudden Death Syndrome (Sue & Sue, 2015). If a counselor is not familiar with this culture and their beliefs, it can be easy to misdiagnose a client reporting certain symptoms as schizophrenic. It is imperative for counselors to remain culturally competent in their work with clients of all backgrounds (Sue & Sue, 2015).

References: Remley, T., & Herlihy, B. (2020). Ethical, legal, and professional issues in counseling. (6th ed.). Pearson Education, Inc. American Psychological Association. (2016, July). Protecting patient privacy when the Court calls . American Psychological Association. https://www.apa.org/monitor/2016/07-08/ce- corner Bush, S. S., Connell, M. A., & Denney, R. L. (2006). Ethical practice in forensic psychology: A systematic model for decision making. American Psychological Association. https://doi.org/10.1037/11469-000 Links to an external site. Sue, D. W., & Sue, D. (2015). Counseling the culturally diverse: Theory and practice . John Wiley & Sons, Incorporated.

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