Domain B: Legal, Ethical, and Professional Considerations Flashcards
HIPAA regulations (e.g., confidentiality including limitations, mandated reporting, reportable documents, duty to warn vs. duty to protect)
Personal identification information should remain confidential at all times except:
Times when you must break confidentiality
●Health Insurance Portability and Accountability Act of 1996 is a law regarding the privacy of medical information.
●Personal identification information should remain confidential at all times except:
○ Child abuse or neglect
○ Imminent harm to self or others
● Exceptions have specific procedures and forms
○ Child Protective Services (CPS)
● Must obtain written consent if you must share information with another for any other reason
○ Example: Supervisors obtain written consent to share information regarding clients in the spirit of collaboration with schools and other providers
Confidentiality in practice:
Obtain written consent when necessary
○ Only disclose relevant information
● Store all documentation regarding the client in a safe location
● Do not keep documents in vehicles or at home
● Use a pseudonym when discussing a client in earshot of others
● Do not disclose the purpose of your relationship with others
○ If asked how you know the client at a park you might say you’re a nanny or family friend
○ When asked about the purpose of your visit at a school you might say that you are there to learn and you keep notes so you can study
Times when you must break confidentiality
● Duty to Warn
○ If a client makes a threat towards another person AND this client has both the means and intent to carry out this threat then you must warn the intended victim of the threat.
● Duty to Protect
○ If a client presents a serious danger to himself or others, then steps must be taken to protect the intended victim
○ This usually involves informing the local police department of the danger
Educational Laws (e.g., IDEA, LRE, IEP, ADA, Rehabilitation Act, 504 Plan)
IDEA(Individuals with Disabilities EducationAct):IDEA originally enacted by congress in 1975; Autism added to IDEA in 1990. This law protects educational rights of individuals with disabilities. A big part of IDEA is FAPE (free and public education) and LRE (least restrictive environment). These are educational rights for all individuals with disabilities with academic performance that is “adversely affected,” by their disability. Students affected by IDEA must have an IEP (individualized education plan)
Disabilities included: Autism spectrum disorder, including Asperger’s syndrome, Deafblindness, Specific learning disability (i.e. dyslexia, dysgraphia, and auditory processing disorder), Deafness, Hearing impairment, Emotional disturbance (i.e. anxiety, bipolar disorder, schizophrenia, and OCD), Speech or language impairment, Blindness or visual defect, Orthopedic impairment (i.e. cerebral palsy, spina bifida, and amputation), Traumatic brain injury, Intellectual disability (i.e. Down syndrome, Fragile X syndrome, and FASD), Other health impairment (i.e. ADHD, epilepsy, hemophilia, and leukemia), Multiple disabilities.
LRF: Least Restrictive Environment: LRE refers to the mandate within the IDEA that students with disabilities should be educated to the maximum extent appropriate with their peers who do not have disabilities.
IEP(individualized Education Plan):The guide is designed to help teachers, parents and anyone involved in the education of a child with a disability-develop and carry out an IEP. The information in this guide is based on what is required by our nation’s special education law–the Individuals with Disabilities Education Act, or IDEA.
IEPs take place a minimum of one time a year (known as Annual IEPs). An IEP meeting can be called at any time by any member of the team (school staff, parents, etc.). Every three years standardized tests are updated in what is called the Triennial IEP. Families must be informed of IEP meetings in writing. The schools have 60 days to complete assessments.
The ITP is a section of the IEP that outlines transition goals and services for the student with disability. IDEA requires that all students must have an ITP by the age of 16. The ITP is the template for mapping out short-term to long-term adult outcomes from which annual goals and objectives defined.
ADA (The American with Disabilities Act):
The ADA mandates protections for person with disabilities against discrimination in a wide range of activities in both the public and private sector. The impact of the ADA on special education services for students with disabilities in school districts is primarily limited to reinforcing and extending the requirements of Section 504 of the Rehabilitation Act of 1973.The primarily purposes of the law are:1.To provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities;2.To provide a clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities;3.To ensure that the federal government plays a central role in enforcing the standards established in the Act on behalf of individuals with disabilities; and4.To invoke the sweep of Congressional authority, including the power to enforce the 14th Amendment and to regulate commerce, in order to address the major areas of discrimination faced day to day by people with disabilities.
Rehabilitation Act:
The Rehabilitation act provided for federally assisted rehabilitation programs for individuals with disabilities.
504 Plan: Section 504 of the rehabilitation act of 1973 is a civil rights law that prohibits discrimination against individuals with disabilities in programs and activities that receive federal financial assistance.
Positive Behavior Supports
Providing parents with feedback or advice:
Use everyday language (not technical terminology) –this basically means just say it in a way that anyone without your training could understand. Avoid judgment statements (e.g. don’t say that your client was a brat). Be objective. Be empathetic. Help problem-solve. Offer support and assistance. Remain positive and always offer solutions (e.g. Josh struggled with staying on-task today, but he really did great sharing and taking turns today. I’m going to talk to my supervisor about strategies to help with his attention so we can keep working on it).
Person Centered Planning
Person Centered Planning is an ongoing problem-solving process used to help people with disabilities plan for their future. In person centered planning, groups of people focus on an individual and that person’s vision of what they would like to do in the future.
Person-Centered Planning should be an integral part of ITPs. There should be a facilitator (unbiased, neutral person) who runs the meeting and a recorder to document the plan at every PCP meeting. Others involved in the meetings can be parents/guardians, other family members, friends, professionals, and anyone else who has a personal interest in the person, but the meeting should center around the person with the disability.
These meetings are for the benefit of the individual with the disability to help them set goals that align with their preferences/desires and a plan to meet those goals with support as needed.
Methods of Collaboration (e.g., treatment adherence, referral methods)
Always have parents sign for consent to share information when working with other service providers or schools.
