Final Flashcards
Scope of Practice (definition)
1.Set in state
law: specifies
what an MFT
can legally do
02
Allows us to
work with
individuals,
couples,
families and
groups
03
Allows us to
use “applied
psychothera-
peutic
techniques”,
and to assess,
evaluate and
treat relational
issues.
04
Allows us to
use training
we receive.
MFTs can
independently
diagnose
mental illness
05
Can use
psych tests: 1.
has to be with
client in
therapy with
us and 2. we
have to have
adequate
training to
administer the
test.
Scope of Competence (definition)
Determined by your specific education, training and experience 2 You can expand your scope of competence, but you can not expand your scope of practice 3 Varies by person
COUNTERTRANSFERENCE
01The therapist’s total emotional response to a client 02Can be a constructive or destructive element in therapeutic relationship 03Ways to Manage: Seek Personal Therapy Establish appropriate boundaries Consult with your supervisor and colleagues
CONFIDENTIALITY
Permissible to break confidentiality in the following situations:
Suicidal client – legally permitted, not legally mandated to
disclose
Client consent: Release of Information
For reimbursement, insurance, 3rd party payers with limits
Managed care personnel
Consultation, supervision, peers
Other mental health providers
Other professionals in treatment team
Ordered by a judge (can say no to an attorney) Client files a complaint against therapist Client claims psychological damage in lawsuit Civil Commitment proceedings (5150/5585)
LIMITS OF CONFIDENTIALITY
Mandates require us to breach confidentiality Duty to protect (Tarasoff) Child abuse Elder abuse Dependent adult abuse
Privilege
a legal right to not have confidential information revealed by their therapist during a legal proceeding Who is the holder of privilege? • client regardless of age, when there is no guardian or conservator • A guardian ad litem (guardian for purposes of litigation) • Representative of patient if dead • All members of a treatment unit (individual, couple, family)
PRIVILEGE continued
Who can assert privilege?
Person who holds privilege (most often the client)
A mental health professional on behalf of a client
Who can waive privilege?
General rule is the client waives privilege
A legally designated conservator or guardian ad
litem
If the client is deceased, then the personal
representative of the decedent
Therapeutic Duty
First duty to client – DO NO HARM Begins as soon as client enters the therapeutic contract Legal concept, not actual law Encompasses all legal and ethical responsibilities imposed upon MFTs Therapeutic duty includes the responsibility of assessing, diagnosing and treating Must incorporate all legal and ethical standards when assessing, diagnosing and treating
Definition - Standard of Care
Standard of Care – “The average degree of skill, care and diligence exercised by
members of same profession, practicing in the same or similar locality” (Black’s
Law Dictionary)
For therapists, this means the “skill level, knowledge and care in diagnosis and
treatment that other reasonably careful therapists would possess and use in
similar circumstance [California Approved Civil Instructions (CACI) 502]
It’s a legal concept used to defend or prosecute therapists accused of negligence
or incompetence
Standard of care
– Examples of maintaining a standard of care
include, but are not limited to:
– Obtaining thorough informed consent
– Completing a thorough diagnosis on a client
– Conducting adequate assessments (e.g.,
personal history, medical history, family history,
presenting problems, mental state, etc.)
– Creating a treatment plan
Standard of Care
Taking proper steps for consultation with referral sources, psychiatrists, and other client treatment providers when any scope of competence, scope of practice, or other clinical issue arises which is beyond the clinician’s abilities or experience. Making appropriate and necessary referrals Taking reasonable steps to prevent harm to a suicidal client
QRMOTHS– Child abuse assessment
assessment of reasonable suspicion of child abuse
Q- Questions R- Releases/ referrals M- MSE- mental status exam O- observations T- Testing H- history S- Social Supports
TIPM, SAL– Suicide assessment, CARL
T- Thoughts
I- Intent
P- Plan
M- Means
SAL
- Specific
- Available
- Lethality
C- chronological factors
A- awareness of lethality
R- rescue
L- lethality
Recommended clinician style FFF F- Friendly F-Frank F- Firm
Mandatory ethics Positive ethics aspirational ethics principle ethics virtue ethics
Mandatory ethics Positive ethics aspirational ethics principle ethics virtue ethics
Ethical decision making