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Law & Ethics > Final Exam > Flashcards

Final Exam Flashcards

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1
Q

Tarasoff/Ewing and HIV/AIDS

A

NOT TARASOFF

No duty to warn or protect, therapists not MDs and cannot diagnose medical disorders

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2
Q

Informed Consent empowers patient to: (3)

A

Gain information
Ask questions
Assist in own recovery

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3
Q

Empowered Collaboration (3)

A

Two fully engaged and committed people
Shows respect for client as a person, not a diagnosis
Gives client autonomy and self-determination

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4
Q

Four elements required for valid Informed Consent

A

Capacity
Comprehension of information
Voluntary
Document

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5
Q

Informed Consent and Empowered Collaboration are…

A

Ongoing and organic

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6
Q

Four mechanisms of accountability

A

Licensing boards
Ethics committees
Civil suits of malpractice
Criminal allegations

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7
Q

Four elements of a civil lawsuit

A

Duty of care
Standard of care
Demonstrable harm
Proximate cause

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8
Q

Skype and HIPPA - three requirements to be a covered entity

A

Health care provider + transmits information electronically + conducts covered transactions

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9
Q

Skype and HIPPA - three requirements to be a covered entity

A

Health care provider + transmits information electronically + conducts covered transactions

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10
Q

Delayed Discovery Rule

A

Statute of limitations begins UPON DISCOVERY of injury, not upon injury

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11
Q

Most common use of Delayed Discovery Rule

A

Sexual abuse cases

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12
Q

Burden of proof - civil standards

A

Preponderance of evidence (51%)

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13
Q

Burden of proof - criminal standards

A

Beyond a reasonable doubt (99%)

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14
Q

What is “take steps”?

A

Rule of least restrictive treatment requires us to take steps prior to hospitalization

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15
Q

7 steps prior to hospitalization (Rule of Least Restrictive Treatment)

A 
Increase frequency of sessions
Phone contact
Support system
Medication
Adjunctive treatment
Agreement
Hospitalization
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16
Q

Record Keeping (7-year rule)

A

Retain records for 7 years following discharge AND 7 years from the patient’s 18th birthday (25 years)

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17
Q

Time frame for completion of electronic records

A

24-48 hours OR by end of week

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18
Q

Multiple Relationship with… (3)

A

the client OR a person closely associated with client OR promises to enter another relationship

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19
Q

Consequences of Multiple Relationships to patients (7)

A 
Patient suicide
Guilt & shame
Delayed reaction (PTSD)
Increased rage
Patient feels (and is) victimized
Decreased self-esteem
Major depression
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20
Q

Multiple Relationship risk factors

A 
Practicing in isolation
No association memberships
Rural area
Vulnerable due to own issues
Need for patient approval
Poor self-esteem
Low self-assertion
Middle-aged or older
Male
Young female patients
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21
Q

Multiple Relationship risk factors

A 
Practicing in isolation
No association memberships
Rural area
Vulnerable due to own issues
Need for patient approval
Poor self-esteem
Low self-assertion
Middle-aged or older
Male
Young female patients
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22
Q

Title of Sexual Exploitation Brochure

A

Therapy Never Includes Sexual Behavior

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23
Q

Penalty for sex with patient (2)

A

Automatic license revocation + criminal felony

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24
Q

When is sex with patient is illegal? (3)

A

While in therapy
Within two years of termination
Therapeutic deception

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25
Q

Original Tarasoff

A

CSI
Communicated directly to therapist
Serious threat of physical harm
Identifiable vicitm

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26
Q

Hedlund

A

Duty to protect potential bystanders

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27
Q

VA

A

Seek past records - protect in absence of stated threat

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28
Q

Ewing

A

Communicated to therapy OR immediate family or reliable other FOR the purpose of advancing therapy

29
Q

Ewing

A

Communicated to therapy OR immediate family or reliable other FOR the purpose of advancing therapy

30
Q

Duty to warn vs Duty to protect

A

Mandated to breach confidentiality (OG Tarasoff) vs Permitted to breach confidentiality (Revised Tarasoff)

31
Q

Does Tarasoff apply to suicide? (Bellah v Greenson)

A 
Don't know!
Case dismissed (no duty to warn in case of suicide, statute of limitations ran out)
32
Q

Two benefits of Appropriate Therapist self-disclosure

A

Clients report reduction in symptom distress

Clients like therapist more

33
Q

T/F Benefits of Therapist self disclosure require a positive therapeutic alliance

A

True

34
Q

T/F Benefits of Therapist self disclosure require a positive therapeutic alliance

A

True

35
Q

When do you send a client for further evaluation or consultation?

A

When therapy is threatened or endangered by the patient

36
Q

Prior to termination, psychologists must provide…(2)

A

Pre-termination counseling
Recommend alternative services as appropriate
EXCEPT when precluded by the actions of the patient or payor

37
Q

Four elements of proper termination

A

Consult/document
No crisis
Reasonable notice (30-90 days)
Proper referrals

38
Q

Three elements of proper referrals

A

Available
Similar fee
Theoretical orientation

39
Q

Results of Menendez Ruling (2)

A

Threats eliminated legal right to maintain confidentiality

Therapy ends the moment the therapist is threatened or in danger

40
Q

Jennifer Keeton

A

Cannot counsel LGBTQ is immoral due to religious beliefs

Public universities can require students to follow Code of Ethics that conflicts with religious beliefs

Code of Ethics > religious freedom/free speech

41
Q

Julea Ward

A

CAN ask to refer out LGTBQ clients on religious grounds (Conscience Clause)

42
Q

Conscience Clause

A

Relieves a person from compliance on religious grounds

state by state issue

43
Q

California Conscience Clause case

A

Pharmacist right to refuse prescribing abortion pill or contraception

44
Q

Beliefs vs Behaviors

A

Beliefs are independent of ethics vs Behaviors must abide by ethics

45
Q

Bracketing

A

Managing personal values so they do not contaminate therapy

46
Q

Child must be ____ years old and have a _____ factor to consent to therapy

A

12 years old; maturity factor

47
Q

Dire Exemption

A

Minors may be seen without parental consent if the situation is dire (suicide, homicide, etc)

48
Q

Two types of custody

A

Legal (Decisions)

Physical (Location)

49
Q

8 Required Reports of Elder/Dependent Abuse

A 
Physical/sexual
Neglect, even unintentional 
Abandonment
Isolation
Financial
Self-Neglect
Abduction
Psychological Abuse
50
Q

When to report Elder/Dependent Abuse

A

Therapist observes
Therapist has knowledge
Therapist is told
Therapist has reasonable suspicion

51
Q

How to report Elder/Dependent abuse

A

Phone - immediately

Report form - within two working days

52
Q

4 Required Reports of Child Abuse

A

Sexual abuse
Neglect
Willful cruelty/unjustifiable punishment
Unlawful corporal punishment or injury

53
Q

When to report Child Abuse

A

Reasonable suspicion

54
Q

How to report Child Abuse

A

Phone - immediately

Report form - within 36 hours of reasonable suspicion

55
Q 
Old vs New Terms
Divorce >
Defendant >
Plaintiff >
Alimony >
A

Dissolution
Respondent
Petitioner
Spousal Support

56
Q

Family Code 3151

A

The child’s counsel appointed by the court may hold privilege
Judge may appoint to pull therapist out of the middle

57
Q

Two ways judge can rule in conflict between couples or minors/parents

A

Patient-therapist privilege (no disclosure)

Third party rule (cannot prevent disclosure)

58
Q

Subpoena (3)

A

From attorney
Strongly requests recipient to follow
Do not respond without patient consent

59
Q

Court Order (3)

A

From presiding judge
Demands/compels recipient to follow
Must respond without patient

60
Q

T/F A subpoena alone does not override disclosure requirements without consent of the patient

A

True

61
Q

T/F HIPAA does not regulate information disclosures to the legal system, but licensing laws still apply with subpoena

A

True

62
Q

T/F State laws require a signed patient authorization for disclosure of information with subpoena

A

True

63
Q

How to properly handle subpoena (8)

A 
Properly Served
Validity
Waiver By Patient
Failure to Object (NOT a waiver)
15 Days to Release
Motion to Quash
Court Order 
In Camera Meeting
64
Q

What year was the APA Ethics Code updated?

A

2017 (enforceable and unenforceable)

65
Q

Intersectionality

A

Intersecting social identities related to systems of oppression/discrimination

66
Q

Cultural Humility

A

Not knowing

67
Q

Encapsulation

A

Ignorance of another’s culture

68
Q

Three Dimensions of Multicultural Competency

A

Therapist self-awareness
Therapist understanding
Skill in using interventions

69
Q

Empowered collaboration should be…(2)

A

ongoing and organic

Law & Ethics (3 decks)

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