Ethical Vs Legal Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

Legal, Ethical (or both)

Advertising

A

Legal + Ethical

Do not engage in false or misleading advertising

(ethical) Do not solicit testimonials from clients

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2
Q

Ethical, Legal (or both)

Release of Information

A

Legal + Ethical

Anyone 12yr+ should sign release

All members of treatment unit who are 12+ should sign

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3
Q

Ethical, Legal (or both)

Business practices

A

Legal

Must post license
Disclose owner’s name
License of business

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4
Q

Ethical, Legal (or both)

Child Abuse

A

Legal

Mandated report if reasonable suspicion

(ethically BBS likes you to process need to report w/ct)

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5
Q

Ethical, Legal (or both)

Confidentiality

A

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

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6
Q

Ethical, Legal (or both)

Consultation

A

Ethical

Should be done when clinically indicated + protect identity of client

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7
Q

Ethical, Legal (or both)

Countertransference

A

Ethical

manage it + seek consultation when problematic

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8
Q

Ethical, Legal (or both)

Dual Relationships/Conflict of Interests

A

Ethical

Avoid dual relationships b/c of potential conflict of interest; manage unavoidable dual relationships

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9
Q

Ethical, Legal (or both)

Diveristy

A

Ethical

Understand cultural factors affecting clinical issues

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10
Q

Ethical, Legal (or both)

Elder/Dependent Abuse

A

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

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11
Q

Ethical, Legal (or both)

Fees

A

Legal + Ethical

Disclose fees

(ethical) manage fees; disclose fee policies; alert ct before using collections agency; consider ability to pay for services

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12
Q

Ethical, Legal (or both)

Gifts

A

Ethical

Do not give or receive gifts that could compromise integrity of therapy; Consider monetary value and clinical significance

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13
Q

Ethical, Legal (or both)

Groups

A

Ethical

Discuss issues of confidentiality

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14
Q

Ethical, Legal (or both)

Danger to others

A

Legal

Assess for harm
notify police if there is imminent plan
possibly notify victim if clinically appropriate

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15
Q

Ethical, Legal (or both)

HIPAA

A

Legal

Comply with HIPAA when electronically communicating with 3rd party payers

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16
Q

Ethical, Legal (or both)

Informed consent

A

Legal + ethical

(legal) disclose fees; signed for minor; potential risks
(ethical) alternate treatments; office policies; confidentiality limits; therapist background

17
Q

Ethical, Legal (or both)

Insurance

A

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

18
Q

Ethical, Legal (or both)

Issues with other therapists

A

Ethical

Support when compromised; Do not see a client who is being treated by another therapist; do not solicit clients from other therapists

19
Q

Ethical, Legal (or both)

Personal Problems

A

Ethical

Seek professional healp for mental health/substance abuse issues (DUI can result in suspencion of license)

20
Q

Ethical, Legal (or both)

Privilege

A

Legal + Ethical

(legal) Only applies to legal situations; Notify client of subpeona; Assert privilege
(ethical) Inform client of potential risks of waiving privilege

21
Q

Ethical, Legal (or both)

Records

A

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

22
Q

Ethical, Legal (or both)

Referral

A

Legal + ethical

(legal) Illegay to pay or receive payment for referrals
(ethical) unethical to pay or receive payments for referrals; provide clinically appropriate referrals

23
Q

Ethical, Legal (or both)

Scope of Competence

A

Ethical

Should only work within bounds of education, skills & training, stay current with skills

24
Q

Ethical, Legal (or both)

Scope of Practice

A

Legal

Must work within legally defined scope

25
Q

Ethical, Legal (or both)

Self-determination

A

Ethical

avoid advice giving
support clients to make own decisions
jointly create treatment plan

26
Q

Ethical, Legal (or both)

Sexual Relations

A

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

27
Q

Ethical, Legal (or both)

Standard of Care

A

Legal

Therapists must provide care that mets standards

28
Q

Ethical, Legal (or both)

Suicide

A

Legal + Ethical

Meet standard of care; assess; intervene according to level of risk

addressing overall well-being of client

29
Q

Ethical, Legal (or both)

Telehealth

A

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)

30
Q

Ethical, Legal (or both)

Termination

A

Ethical

Terminate when client is no longer benefitting
Provide referrals for premature termination
Maintain professional will

31
Q

Ethical, Legal (or both)

Treating Minors

A

Legal

Comply with consent laws; Can deny parents access to records if harmful to patient or treatment

32
Q

Ethical, Legal (or both)

Treating multiple people in treatment unit

A

Ethical

Should consider and discuss risks/conflicts of interest; Review informed consent for new treatment unit; Discuss “secrets” policies