Final Flashcards
Disclosure information (14)
- Description of the Therapeutic Process 2. Background of the Therapist and his/her credentials 3. Costs involved in therapy Length of therapy and process for termination—voluntary process 4. Consultation with Colleagues or supervision 5. Interruptions in therapy (vacation; planned absences) 6. Benefits and Risks of Treatment 7. Alternatives to Traditional Therapy (knowledge of community resources and other options) 8. Tape Recording or Videotaping Sessions 9. Clients Rights of Access to their files 10. Rights pertaining to diagnosis and diagnosis clarification 11. Nature and purpose of confidentiality 12. Expectations of the client 13. No Guarantees Client rights in general 14. Cancellation policy
a professional relationship that empowers diverse individuals, families and groups to accomplish mental health, wellness, education and career goals.”
counseling
A civil wrong (can be criminal) that is recognized by law as grounds for a lawsuit
tort
Combining roles and responsibilities
role bending
requirements of continuing education: 1. __ hours every __ years 2. __ of the __ need to be in ethics 3. __ in suicide assessment every __ years
- 36 hours every 2 years 2. 6 of the 36 need to be in ethics 3. 6 in suicide assessment every 6 years
A departure from commonly accepted practices that could benefit clients (like attending a wedding)
boundary crossing
How long to keep notes: recommended
10 years
We should talk about the consultations vs. supervision powerpoint– it’s confusing to me
Consultants give advice, educate, resposible to to colleague
Supervisors give direction, monitor, responsible to client
The ability of individual to stop info about themselves from becoming known to other people. Refers to a constitutional right to decide how and where you’ll share
privacy
The skills and training required to effectively treat clients
competence
What are the two reasons to break confidentiality
Duty to warn Duty to protect
Requirements of continuing education (3)
- 36 hours every 2 years 2. 6 of the 36 need to be in ethics 3. 6 in suicide assessment every 6 years
elements necessary to prove malpractice (4)
- Duty (establishing you have a responsibility to that person) 2. breach of duty 3. proximate causation 4. damage
Difference between courts and boards
boards monitor conduct, determine standards, screen applicants; regulate practice for public good; conduct disciplinary proceedings involving violations of standards; the role of the board is to prtect the public and hold the professional accountable The courts award monetary damages to individuals who have been wronged– the individual is relevant to the case
ideal standards expected by a professional group
ethics
What is the slippery slope phenomenon
A gradual erosion of boundaries
Dept. of Health information including name, address and telephone number
Information provided to client so they can file complaint
Document used to “define boundaries and clarify the nature of the therapeutic relationship.”
Informed Disclosure
What is direct liability
When the supervisors are cause for harm
How long to keep notes: HIPAA
6 years
Describes information to which no one is privy except the patient, therapist, and those who must have the information in order to provide the services the patient requires
confidentiality
True or false: the burden is on the client to go to court to protect his/her records
true
A serious breach that results in harm to clients and is therefore unethical (like having sex with a client)
boundary violation
True or False: You can guarantee confidentiality in group work
False
This type of ethics focuses on acts and choices. A set of obligations and a method that focuses on moral issues
principle ethics
projects onto the therapist past feelings they have toward significant people in their lives
transference
Applies to those circumstances where case law or statute requires the mental health professional to make a reasonable effort to contact the identified victim of a client’s serious threats of harm, or to notify law enforcement
Duty to warn
True or false: “therapist competence” is both an ethical and legal concept
true
This type of ethics focuses on character traits of the counselor and nonobligatory ideals to which the profession aspires (e.g., “Am I doing what is best for my client”)
virtue ethics
Standards that govern conduct of professional members / beliefs about what constitutes right conduct/ ideal standards
Ethics
A legal concept that generally bars the disclosure of confidential communications in a legal proceeding
privilege
Requirements for LMFT (4)
- Pass boards 2. 3000 hrs post degree 3. 1000 direct contact 4. 200 hours of supervision
a legal concept involving the failure of a professional to render the level of services
malpractice Note: malpractice is considered a wrong against a person (versus a wrong against the state)
A counselor who defines reality according to one set of cultural assumptions, shows insensitivity to cultural variations, trapped in one way of thinking, etc.
culturally-encapsulated counselor
This is a professional relationship that is based on trust where the clinician’s primary interest is the well being of the client
fiduciary relationship
River of integration includes:
Being: Flexible Adaptable Coherent Energized Stable (FACES)
What is vicarious liability
When the supervisEE causes the harm
Steps of ethical decision-making (12 steps)
- Identify problem 2. Examine codes 3. Consider moral principles 4. Consult 5. Attend to your emotions 6. Involve the client 7. Consider culture 8. Identify desired outcomes 9. Know the laws and regulations 10. Consider consequences of potential courses of action 11. Evaluate the chosen course 12. Implement
A perception of reality based on limited set of experiences
cultural tunnel vision
Jaffe vs. Redmond is a case about privilege
(she said something about knowing the major cases?)
One of the six moral principles. Refers to the fact that trust is the key ingredient. “truthfulness”
veracity
dictate the minimum standards of behavior that society will tolerate
laws
Requirements for LMHC: 1. Pass boards 2. ____ hrs post degree 3. ____ hours direct contact 4. ____ hours of supervision
- Pass boards 2. 3000 hrs post degree 3. 1200 hours direct contact 4. 100 hours of supervision
Legal concept. Bars disclosure of confidential communications. A client’s right to refuse to disclose confidential communications. Belongs to client. Usually does not apply to couples.
privilege
Counselor’s Ethical duty to protect private client communication. Belongs to the client. Based on 4 principles: Autonomy, Privacy, Pledge of silence, Utility
confidentiality
A body of rules that govern conduct
Law
Are process or progress notes required?
Progress
How long to keep notes: Washington state
5 years
Parts of the individual therapeutic process (5)
- Assessment 2. Diagnosis 3. Treatment Plan 4. Treatment 5. Termination
3 goals of multi-cultural practice
Awareness, Knowledge, Skills ASK
characteristics of good records (6)
Legible, germane, reliable, logical, prompt, chronological GRLLPC (GiRLL PiCk)
3 legal aspects of supervision
- informed consent 2. confidentiality and its limits 3. liability ICicLe
How long to keep notes: minors
Until 18
Five key purpose is to record keeping
Clinical Organization Reimbursement Legal Risk management (CORRL)
The ability of an individual or group to stop information about themselves from becoming known to other people other than those they choose to give the information to.
privacy
refers to the constitutional right of an individual to decide the time, place, manner of sharing onself
privacy
Legal aspects of informed consent
Capacity Comprehension Voluntariness
Legible, germane, reliable, logical, prompt, chronological
characteristics of good records
What are mandatory ethics
The minimum standard
One of the six moral principles. Refers to our duty to honor commitments and make honest promises.
fidelity
Steps of ethical decision making pneumonic
Perverts circulated magical cauliflowers efficiently. Chewbacca crawled dramatically. Lucifer club enthusiastic interns.
Requirements for LMHC (4)
- Pass boards 2. 3000 hrs post degree 3. 1200 hours direct contact 4. 100 hours of supervision
When counselors refer a client to other services because of value conflicts
discriminatory referral
The six moral principles
- Autonomy 2. Non malfeasance 3. Beneficence 4. Justice 5. Fidelity 6. Veracity (7. Bonus; self care) Pneumonic: any nice blow job feels very sexy
Requirements for LMFT: 1. Pass boards 2. _____ hrs post degree 3. _____ direct contact 4. _____ hours of supervision
- Pass boards 2. 3000 hrs post degree 3. 1000 direct contact 4. 200 hours of supervision
This kind of witness is called solely as a therapist to speak to his/her direct involvement in that particular case
fact witness
Disclosure Information
ACCESS (right to access their file) ALTERNATIVES to traditional therapy BACKGROUND of the therapist (+ credentials) BENEFITS + risks of treatment CANCELLATION policy CONFIDENTIALITY (its nature and purpose) COSTS involved (plus length of treatment) CONSULTATION with colleagues or supervisor DESCRIPTION of the therapeutic process DIAGNOSIS (rights pertaining to diagnosis and clarification Bonus: Interruptions, Expectations of the client
The system of moral principles and rules that becomes standards for professional conduct
ethics
Standards that govern the conduct of its professional members.
ethics
a living document that changes as the profession grows and changes
code of ethics
concerned with perspectives of right and proper conduct and involves an evaluation of actions on the basis of some broader cultural context or religious standard
morality
pertains to beliefs and attitudes that provide direction to everyday living
values
describes the highest standards of thinking and conduct professional counselors seek
aspirational ethics
the similarities and differences that occur within and across cultures, and the intersection of cultural and social identities
diversity
rendering a more serious diagnosis than symptoms warrant to gain authorization for an increased number of counseling sessions
up-coding
pertains to beliefs and attitudes that provide direction to everyday living
values
pertains to the beliefs we hold about what constitutes right conduct
ethics
concerned with perspectives of right and proper conduct and involves an evaluation of actions on the basis of some broader cultural context or religious standard
morality
describes the highest standards of thinking and conduct professional counselors seek
aspirational ethics
A set of obligations and a method that focuses on moral issues with the goals of: A) solving a particular dilemma or set of dilemmas and B) establishing a framework to guide future ethical thinking and behavior”
principal ethics
Focuses on the character traits of the counselor and nonobligatory ideals to which professionals aspire rather than on solving specific ethical dilemmas.
virtue ethics
How to protect their records (or something): 3 things
- Password protect
- Encryption software
- Back up every night
Cottone (pg 33) and Remley (124)
legally mandated cases for waiving confidentiality
6 step model to protect confidentiality rights
- Preparation
- Tell clients truth upfront
- obtain informed consent before disclosing
- Respond ethically to legal requests for disclosure
- Avoid avoidable breaches of confidence
- Talk about confidentialy a lot
(PTO RAT)
