Clients Rights and Therapist Responsibilities Ch 5 Flashcards

1
Q

Why do we keep records?

Therapist Responsibility: Record Keeping

A

maintain high quality service to clients
demonstrates usage of reasonabel standard of care
continuity of care when client is transferred
protects therapist from lawsuit
history of client to review treatment
risk management

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2
Q

What are progress notes?

A

documenting significant clinical decision & are kept in clinical record: (behavioral-what client says and does)

  • professional (no personal reactions/opinions)
  • describe specific and concrete behavior

-therapists are required by law to keep ( HIPAA )

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3
Q

What things are included in progress notes?

A
  • diagnosis
  • functional status
  • symptoms
  • treatment plan
  • prognosis
  • client progress
  • test results
  • why treatments were chosen
  • goals
  • documents (informed consent, release of info)
  • dates/frequency/types of services
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4
Q

An example of progress notes

A

Client reports feeling less anxious. She states that her goal would be to haev her anxiety level lowered. Therapist and client agreed to do some guided imagery next session. client reported feeling “unbearably anxious”. Client says the follow activities have helped to lower her anxiety: medication, talking with friends etc.

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5
Q

What are process notes? (psychotherapy notes)

A

private use of therapist:
-personal reactions/opinions of therapist
not mean to be shared - must be kept separate

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6
Q

Does the law require process notes?

A

No

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7
Q

Does HIPAA privacy rule allows clinicians to keep 2 sets of records?

A

YES

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8
Q

What is included in process notes?

A
client reactions (transference) 
therapists subjective impressions
intimate details about client 
info about clients personal life 
therapist thoughts/reactions to client 
hypothesis 

exclude: diagnosis, treatment, symptoms, prognosis & progress

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9
Q

Legal requests can be made for documentation of progress notes as well as process notes?

A

TRUE

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10
Q

Example of process notes

A

client avoided eye contact, client said he was angry for therapist laziness, therapist challenged him to be more active in treatment. after processing, client made connections to feeling inadequate. therapist will follow up next session to see if there are any more feelings surrounding this matter.

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11
Q

What is one of the most effective tools counselor shave for successfully responding to licensing board complains or threats of malpractice?

A

maintaing competent record keeping

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12
Q

Any information in the client’s records belongs to the client and can be requested at any time

A

TRUE

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13
Q

What is HIPAA?

A

health insurance protability and accountability act
established 1996 –> law into effect 2003

increase individuals access and control of medical records

  1. privacy standards: how to use and disclose client medical information (whom and when therapists can give patients records)
  2. transaction standards: how electronic exchange of info is done
  3. security standards: structural protection required to create and maintain info (steps to guard against unintended disclosure of electronic information) ex. strong passwords/firewall
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14
Q

what is malpractice?

A

“bad practice” - legal concept of negligence that results in harm to client

:failure to render prof services or to exercise degree of skill expected

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15
Q

ethically and clinically appropriate process of ending a professional relationship

A

termination

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16
Q

failure of therapist to take appropriate steps to terminate a professional relationship

A

abandonment

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17
Q

what may constitute as abandonment?

A

failure to follow up on outcomes of hospitalized client
not available between appointments
failure to respond to request for emergency treatment
failure to provide for a substitute therapist during vacation
terminating a client who needs continuing care

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18
Q

When is it appropriate to terminate a client?

A

clients are not cooperating with treatment
treatment goals are lost
no progess is being made
goals of therapy reached

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19
Q

reasons for malpractice?

A

failure to obtain informed consent
refusal to counsel client due to differences
client abandonment and premature termination
sexual misconduct with a client
departure from established therapeutic practices
practicing beyond scope of competency
negligent assessment and misdiagnosis
repressed of false memory
unhealthy transference relationships
failure to assess and manage a dangerous client

20
Q

what is the practice of focusing on the identification, evaluation and treatment of problems that may injure clients and lead to filing an ethics complain or malpractice action?

A

risk management

21
Q

What are risk management strategies?

A

know and stay up to date on laws & ethics
use treatment contracts “informed consent”
document (termination/referrals)
restrict practice to areas of competency
seek consultation
never accept gifts
don’t egage in relationships with clients

22
Q

what is informed consent?

A

EDUCATION PROCESS:
the rights of clients to be informed about their therapy and to make autonomous decisions pertaining to it

shared decision making process where therapist provides information so client can decide about participating

23
Q

ethical and legal obligation of the clinician to provide info to clients before they participate in assessment or treatment

A

informed consent

24
Q

How do you give informed consent?

A

verbally and written (informed consent document)

25
Q

When do you give informed consent?

A

as soon as its clinically appropriate

must address limits of confidentiality initially

may not be appropriate to discuss in great detail during first session; a client’s crisis takes precedence over a discussion onf informed consent

26
Q

Why do you give informed consent?

A

clinical and legal reasons

the right of the client to know information

increases chance of client being actively involved, educated and willing participants

client empowerment / reduce power difference

protect therapist from lawsuit/malpractice

create boundaries

27
Q

Whom is the information regarding informed consent given?

A

client and third party payers (insurance)

28
Q

What issues are involved?

A

health insurance may restrict therapists from sharing full info to clients

health insurance request of info

29
Q

Who can give their informed consent?

A

Competent to make rational treatment
Comprehension: understands information
Voluntary: acts freely can withdraw at any time

30
Q

What are the exceptions to informed consent?

A

minors

copy of info to health insurance

31
Q

What is the difference between informed consent and consent to treat?

A

consent to treat allows client to have treatment explained, challenge/refuse/end treatment, know alternatives and risks/benefits

32
Q

How long does APA say to keep records?

A

full records kept for 3 years after termination
full summary for 12 more years

total = 15 years after termination

33
Q

How long does CA law ay to keep records?

A

adults: 7 years (patients have access)
minors: 7 years after 18 years old (25 years old)

34
Q

General standard for record keeping?

A

minimally keep records or summary for 15 years

35
Q

if a client gives you a written request to inspect their records you must permit inspection within….?

A

5 working days from receipt of written request

36
Q

if a client gives you a written request to have their records transmitted you must do so within….?

A

15 days from receipt of written request

37
Q

You can never change a record

A

TRUE

38
Q

to make changes to a record you must…

A

put a single line through error, initial it and then write what should be there

39
Q

What 4 components are needed to quality for malpractice?

A

Duty of Care (prof relationships exists)
Standard of Care (negligence by therapist)
Demonstrable Harm (harm can be confirmed)
Proximate Cause (cause of negligence/harm)

40
Q

What are the top reasons for malpractice cases against therapists?

A
insurance/fee problems
sexual activity with adult 
child custody evaluations
non sexual multiple relationships
inappropriate response to crisis
41
Q

What are the main areas therapists are sued?

A
procedure not professional 
lack of adequate training for techniques used
wrong procedure used
failure to warn/protect
informed consent issues
incompetence
42
Q

Therapist setting up a credit card machine is against HIPAA?

A

TRUE

43
Q

CA law says to keep clients records for 7 years post termination, but this law does not apply to minors

A

TRUE

44
Q

If a client cannot reach the therapist?

A

Therapist Responsibilities/Malpractice & Abandonment

45
Q

HIPAA includes:

  • double locked files
  • no client names
  • encrypted internet
A

TRUE