Ethical, Legal, and professional issues Flashcards
Ethic code: 8.5- states that accepting goods or services from clients should ordinarily be avoided but may be acceptable only when:
the supervisee or client requests it; the relationship is not exploitative; the professional relationship is not distorted; a clear written contract is established
What ethical code is described?
Barter
If a client does not pay their fees, what actions can be taken ethically?
the therapist can terminate therapy ONLY if:
discussed policy of nonpayment of fees during the informed consent process; giving a client a reasonable time to pay outstanding fees before terminating; sending a letter to the client informing what action will be taken if the fee is not paid
Can an MFT use a collection agency to collect unpaid fees?
Yes, BUT we must give the client an opportunity to pay fees that are owed within a specified period of time
-collection agency given only essential information
What are the ethical actions to take when its necessary to terminate therapy?
-discussing termination with clients to identify and resolve their concerns, providing pretermination counseling, and making referrals to other therapists
Can therapists withhold client records because of nonpayment of fees?
NO
When is it okay to deny access to his/her personal health information, under HIPPA’s privacy rule?
if reasonably likely to endanger the life or physical safety of the client or other person
What are the 3 conditions for a consent to be truly informed?
capacity, comprehension, and voluntariness
What is the first step when given a subpoena?
determine if the subpoena is legally valid demand
Is a response required if the subpoena is valid?
Yes
-the therapist should contact the client of the implications of providing the requested information
What if the client does not give consent to releasing or responding to the subpoena and the requesting party still demands the information?
The therapist can seek guidance from the court
Can the therapist continue to not provide information to the requesting party of the subpoena? When is the therapist not able to continue doing so?
Yes, but if the court orders information, the therapist needs to; or if authorized by the client or the clients legal representative to do so
If a client communicates to the therapist a serious threat of physical violence against an identifiable victim or victims, what must the therapist do?
may include, depending on law,
hospitalizing the client, warning the potential victim, or notifying the police
