deck_4608912 Flashcards
- Procedures to do if you receive a subpoena (handout)
- Evaluate Validity- follows CA law?2. contact client- waive or invoke privilege?- get waiver in writing, or get atty advice; ask to be released if privilege invoked3. if unsure, invoke privilege, let judge squash or order you to testify
- How long to keep files
7 by law, 10 better because of sexual misconduct
- types of abandonment
- terminate without notice2. without regard to patient’s condition (in crisis?)3. without adequate plan for continued tx plan (referral)4. in retaliation (mad at client)
- Issues of termination
Use clinical judgment when to terminate1. Pt is not benefitting2. client is resistant (late, drunk, hostile)3. ethical issue/therapy not in client’s best interest-we have obligation to provide consistent, undisruptive care, must have professional will-try fading, give notice
- Advertisement dos and don’ts vignette
- ad must be true and accurate, not false, misleading or deceptive2. cannot say “licensed psychotherapist”, no such thing- “licensed MFT”3. have to write license/registration #4. if you are a trainee, have to say “Intern”, who you’re supervised by, their license#, info5. use of photograph/model, not okay6. Fees- must be accurate & exact, not $49 & up… or $49 plus fees…7. you cannot make claims about superiority (best tx for depression in HumCo!), unless you have evidence 8. Cannot pay for publicity that is not obvious (ie- ask my friend Jim who works at the paper to do an article on my practice)-violation is a misdemeanor, good cause for suspension or revocation of licenseOkay in advertisement1. practice name, info, office hours, languages spoken, what insurances you take, 2. degrees received, statement of publications, statement of teaching positions currently/formerly held, 3. affiliation with hospitals/privileges, 4. statement of charges of fees/services, statement of installment plans, etc., sliding fee scale available-Fictitious business names- must be registered with the county, must not mislead-Use degree letters as long as degree is earned, and relevant to the license (not dr kristin if my PhD is in biology)-can’t use psychological terms (ie psychologist) unless we are one. Exception: psychotherapy okay- if media calls you a psychologist, you must correct them-testimonials of past/current clients not okay to ask for- legally okay, but unethical-Can use your CAMFT membership in advertisement, but must say if you are licensed or intern, can’t make it look like CAMFT are initials of a degree, don’t use it to look like approval by CAMFT- you are a CAMFT member in good standing/not, not CAMFT approved-Can use CAMFT logo only after receiving written permission by organization-In person solicitation- No! Not okay! Legal, but highly unethical to elicit testimonial in person
- 5 principles of accepting gifts (all 5)
- promotes rather than endangers client welfare2. does not compromise therapist objectivity3. small monetary value (less than $20)4. consistent with client cultural norms5. it is a rare event
- 3 courses of action against therapists
civil lawsuitcomplaint to BBScomplaint to professional organization (CAMFT) Can be interaction among the 3- lawsuits over 10K, board is notified, renew license every 2 years, have to say if you’ve been convicted of felony- biggest issue is DUI’s
- issues of sex with client- what do you do?
6mo jail + $1K (1 act), more than 1 person- 16mo +10K-another therapist- provide brochure to client, delineates the rights available-review options with client (sue, notify BBS, Camft)-do not influence decision in any direction
- general stuff on bartering
we are discouraged from bartering by CAMFT (9.5), often lead to conflicts/distortion of relationship, must not be exploitive, increase self-disclosure- better to see them pro-bono, encourage them to sell wares, use $$ to pay you
- general stuff on request for records
- Psychotherapy notes are separate notes 2. Keep records stored by lock and key3. Don’t take records with you and transfer them if you can help it.4. If a client asks you for their records, ask them why they want a copy; what are they going to do with it.Refusal: If you refuse to give the copies to the client, you have to tell them that they are allowed to give me a written statement saying that they want another license professional to view themThe client can chooseThe other professional is not allowed to show the records to the client, but can talk to them about it.5. Test Question: Just because they didn’t pay the bill does not give you the right to deny them records.$500: MMPI and Rorschach, and a lot of other assessments done and a large write-up is done interpreting the assessment.
- 4 d’s of lawsuits
- Dereliction (reasonable, within sop)2. Duty (legal relationship gives rise to a duty)3. Directly Causing (damages)4. Damages (suffered harm)Lawsuit must prove all four or no case against you
- 3 things you always should do to avoid lawsuits
document, consult & know/follow sop
- Ethics on public statements
-Public Statements, ie psychological comment on issue, okay as long as you don’t: -misrepresent your credentials or allow them to misrepresent you -make claims not supported by evidence (if you have SAD, you should get light therapy- instead “some people treat it with light therapy) -Make claims about a case based on cursory understanding -attempting to do therapy rather than education- don’t mix therapy and entertainment -cannot dx people who you have not treated- cannot guess
