Library · Domain 1. Professional Development & Counselor Self-Awareness · 1A. Professional Development
Task 1A.7
Training in ethical and legal use of AI
“Engage in training related to ethical and legal use of artificial intelligence (AI)” (NBCC, 2027 task 1A.7)
Artificial intelligence tools, such as note generators, chat assistants and scheduling systems, are entering counseling practice faster than most counselors' training. Training lets a counselor judge which tools protect client privacy, what clients must be told, and where the counselor's own responsibility remains. The exam tests that counselors seek this training before using AI and understand the ethical and legal risks.
Key points
- Counselors remain fully responsible for clinical decisions and records even when an AI tool drafts notes, summaries or suggestions; AI output must be reviewed and corrected.
- Any vendor that processes protected health information for a covered entity must meet HIPAA requirements, normally through a business associate agreement; consumer AI tools without one should never receive client information.
- Clients should give informed consent before AI tools record, transcribe or analyze their sessions, including what is collected, where it is stored and how long it is kept.
- AI systems can carry bias from their training data, which matters for diagnosis, risk prediction and culturally diverse clients.
- Laws on AI in health care are new and changing, and some states have begun to regulate or limit AI use in mental health services; check current state law and board guidance.
- Professional organizations, including the ACA, have published guidance on AI in counseling; good training covers these documents alongside HIPAA and the ethics codes.
- Training should come from reputable providers and should cover both the technology's limits and the counselor's duties, not just how to use a product.
In practice
A practice owner is offered a free AI note tool. Before adopting it she completes training on AI in clinical practice, then asks the vendor for a business associate agreement and details on data retention. When the vendor cannot provide them, she declines the tool.
After a workshop on AI ethics, a counselor revises her consent form to explain that an approved tool drafts her notes, that she reviews every note, and that clients may opt out without any effect on their care.
Check yourself
If an AI tool drafts a progress note with an error, who is responsible for the record?
The counselor, because clinical documentation remains the counselor's professional responsibility regardless of the tool used.
What HIPAA safeguard should be in place before a vendor's AI tool handles client information?
A business associate agreement, because vendors that handle protected health information for a covered entity must agree to protect it.
Why should AI training include the topic of bias?
AI systems can reproduce biases in their training data, which can lead to unfair or inaccurate results for some client groups.
NBCC's knowledge and skills for 1A. Professional Development
Knowledge of: Cross-cultural fairness; Continuing education requirements; Levels of advocacy and social justice.
Skill in: Engaging in clinical consultation; Engaging in clinical supervision; Selecting appropriate continuing education resources.
A study guide written by ExamDragon from NBCC's published task; not NBCC material and not part of the exam.