Ethical Vs Legal Flashcards
Legal, Ethical (or both)
Advertising
Legal + Ethical
Do not engage in false or misleading advertising
(ethical) Do not solicit testimonials from clients
Ethical, Legal (or both)
Release of Information
Legal + Ethical
Anyone 12yr+ should sign release
All members of treatment unit who are 12+ should sign
Ethical, Legal (or both)
Business practices
Legal
Must post license
Disclose owner’s name
License of business
Ethical, Legal (or both)
Child Abuse
Legal
Mandated report if reasonable suspicion
(ethically BBS likes you to process need to report w/ct)
Ethical, Legal (or both)
Confidentiality
Legal + Ethical
(legal)
HIPAA- provide NPP
maintain confidentiality except when mandated or permitted to break it
(ethical)
inform of limits, maintain confidentiality, except when mandated or permitted to break it
Ethical, Legal (or both)
Consultation
Ethical
Should be done when clinically indicated + protect identity of client
Ethical, Legal (or both)
Countertransference
Ethical
manage it + seek consultation when problematic
Ethical, Legal (or both)
Dual Relationships/Conflict of Interests
Ethical
Avoid dual relationships b/c of potential conflict of interest; manage unavoidable dual relationships
Ethical, Legal (or both)
Diveristy
Ethical
Understand cultural factors affecting clinical issues
Ethical, Legal (or both)
Elder/Dependent Abuse
Legal
Mandated report if reasonable suspicion; Report to appropriate agency (APS if at home; Police if at nursing home)
*ethical- bbs likes you to process need to report with client
Ethical, Legal (or both)
Fees
Legal + Ethical
Disclose fees
(ethical) manage fees; disclose fee policies; alert ct before using collections agency; consider ability to pay for services
Ethical, Legal (or both)
Gifts
Ethical
Do not give or receive gifts that could compromise integrity of therapy; Consider monetary value and clinical significance
Ethical, Legal (or both)
Groups
Ethical
Discuss issues of confidentiality
Ethical, Legal (or both)
Danger to others
Legal
Assess for harm
notify police if there is imminent plan
possibly notify victim if clinically appropriate
Ethical, Legal (or both)
HIPAA
Legal
Comply with HIPAA when electronically communicating with 3rd party payers
Ethical, Legal (or both)
Informed consent
Legal + ethical
(legal) disclose fees; signed for minor; potential risks
(ethical) alternate treatments; office policies; confidentiality limits; therapist background
Ethical, Legal (or both)
Insurance
Legal + ethical
(legal) illegal to submit false claims
(ethical) advocate if needed services are denied; advise client that information would be shared with insurance; avoid false claims
Ethical, Legal (or both)
Issues with other therapists
Ethical
Support when compromised; Do not see a client who is being treated by another therapist; do not solicit clients from other therapists
Ethical, Legal (or both)
Personal Problems
Ethical
Seek professional healp for mental health/substance abuse issues (DUI can result in suspencion of license)
Ethical, Legal (or both)
Privilege
Legal + Ethical
(legal) Only applies to legal situations; Notify client of subpeona; Assert privilege
(ethical) Inform client of potential risks of waiving privilege
Ethical, Legal (or both)
Records
Legal + Ethical
(legal) Maintain sound records for 7 years or until minor is 25; Keep records locked and secure; Comply with record requests appropriately; Never alter records
(ethical) Maintain sound records; do not withhold for lack of payment; protect client records
Ethical, Legal (or both)
Referral
Legal + ethical
(legal) Illegay to pay or receive payment for referrals
(ethical) unethical to pay or receive payments for referrals; provide clinically appropriate referrals
Ethical, Legal (or both)
Scope of Competence
Ethical
Should only work within bounds of education, skills & training, stay current with skills
Ethical, Legal (or both)
Scope of Practice
Legal
Must work within legally defined scope
Ethical, Legal (or both)
Self-determination
Ethical
avoid advice giving
support clients to make own decisions
jointly create treatment plan
Ethical, Legal (or both)
Sexual Relations
Legal + Ethical
(legal) Illegal to have sexual contact during therapy and for 2 years following; must provide brochure if adult client discloses sexual activity with past therapist
(ethical) includes sexual relationships with relatives/friends of client; avoid treating someone with whom you’ve had a previous sexual relationship
Ethical, Legal (or both)
Standard of Care
Legal
Therapists must provide care that mets standards
Ethical, Legal (or both)
Suicide
Legal + Ethical
Meet standard of care; assess; intervene according to level of risk
addressing overall well-being of client
Ethical, Legal (or both)
Telehealth
Legal + Ethical
(legal) obtain informed consent; follow jurisdictional laws (clients location); provide license number; document efforts to obtain local resources in case of emergency; each session determine if telehealth is appropriate for client
(ethical) provide appropriate resources in case of emergency; determine that technologically assisted services are appropriate for clients; inform clients of the potential risks and limitations associated with technologically assisted services; ensure security of communication; follow jurisdictional laws (clients location)
Ethical, Legal (or both)
Termination
Ethical
Terminate when client is no longer benefitting
Provide referrals for premature termination
Maintain professional will
Ethical, Legal (or both)
Treating Minors
Legal
Comply with consent laws; Can deny parents access to records if harmful to patient or treatment
Ethical, Legal (or both)
Treating multiple people in treatment unit
Ethical
Should consider and discuss risks/conflicts of interest; Review informed consent for new treatment unit; Discuss “secrets” policies
