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Law & Ethics > Final Exam (Mike's study guide) > Flashcards

Final Exam (Mike's study guide) Flashcards

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1
Q

Homicide

A

o Duty to protect
o Permitted to breach
o Mandated to take steps

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2
Q

Suicide

A

o Mandated or permitted to breach
o Consult/Document
• Case by case basis
o Mandated to take steps

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3
Q

Bellah v Greenson

A

o It is unclear if Tarasoff applies to suicide

• Statute of limitation ran out so we do not have certainty

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4
Q

Goal of Crisis Intervention

A

o To bring client back to pre-morbid state, and to restore individuals to pre-crisis functioning

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5
Q

Menendez Case – confidentiality ruling

A

o Once therapist is threatened, therapy is over

• Oziel was threatened, and at that point therapy was over so the tapes were not part of therapy

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6
Q

Counter-Transference: 3 types

A
  1. CT to client’s transference – objective
  2. CT based on therapist’s archaic conflicts – subjective
  3. CT based on reality – objective
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7
Q

Informed Consent

A

good for length of treatment

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8
Q

Release of information

A

good for 12 months

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9
Q

Get consent for consult

A

when not using identifying information

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10
Q

Do not need consent for consult

A

when not using identifiable information

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11
Q

Standard of Care

A

getting a professional consult

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12
Q

Bracketing

A

suspend one’s own judgment for client’s sake

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13
Q

Unruh civil right act

A

damages 3x amount awarded

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14
Q

Conscience clause

A

religious freedom

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15
Q

Death with dignity

A

legal in CA

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16
Q

5 Limits of Confidentiality

A 
o	Child abuse
o	Elder abuse
o	Dependent abuse
o	Threat of harm to self
o	Threat of harm to others
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17
Q

Informed Consent

A

must be given at the outset of treatment (no later than 3rd session)

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18
Q

Sexual exploitation brochure

A

“Therapy never includes sexual behavior”

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19
Q

When is a psychotherapist required to breach confidentiality upon receiving a report from a patient he or she has been sexually abused by a former therapist?

A

Child/dependent/elder abuse

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20
Q

Barter – two types:

A

o 1. Products

o 2. Services (more risky)

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21
Q

DIRE exception

A

Minors may be seen for psychotherapy without parental consent if the therapist believes without the treatment the minor’s situation may become dire (e.g., suicide, homicide)

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22
Q

How to report child abuse – two required actions:

A

o 1. Immediately by phone

o 2. Prepare and send report (within 36 hours)

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23
Q

Daniel v Daniel (1990) 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
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24
Q

Upon becoming aware of elder or dependent abuse, when do you have to make the initial phone call to APS?

A

Immediately

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25
Q

When to send pre-printed report to APS after becoming aware of elder/dependent abuse?

A

Within 2 working days

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26
Q

7 Types of mandated elder abuse reporting:

A 
o	1. Physical and sexual assault
o	2. Neglect
o	3. Abandonment
o	4. Isolation
o	5. Financial
o	6. Self neglect
o	7. Abduction
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27
Q

Type of permitted elder abuse reporting:

A

o 1. Psychological abuse

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28
Q

CA “Elder” definition:

A

CA resident 65 and older

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29
Q

CA “Dependent” definition:

A

CA resident between ages 18-64
o Unable to care for oneself for a variety of reasons
• Mentally or physically challenged

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30
Q

Three ways a client’s records can be sought:

A

o 1. Issuance of subpoena “ad testificandum”
o 2. Issuance of subpoena “duces tecum”
o 3. Court order (more powerful than a subpoena)

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31
Q

Subpoena duces tecum

A

Command to appear in court and bring specific documents

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32
Q

Notice to consumer

A

client knows his or her records are being sought

33
Q

Valid subpoena

A 
Notice to consumer
Client knows about subpoena
Get written release if possible
Properly served by court clerk
Issued by attorney – usually in civil proceeding
34
Q

Court order

A

power of the judge

35
Q

Subpoena ad testificandum

A

Legal demand to give testimony

36
Q

Four elements of proper termination

A
  1. CCC – DDD (consult and document)
  2. No current crisis
  3. Reasonable notice
  4. Proper referral
37
Q

Three elements of proper referral

A
  1. Available
  2. Similar fee
  3. Theoretical orientation
38
Q

When can you forgive the client co-pay?

A

When you have informed and cleared it with the insurance company

39
Q

“Rational thinking loss”:

A

God told me to jump off a building, but told me I will not die doing this

40
Q

“Irrational thinking”:

A

Youthful exuberance – I haven’t booked my first commercial yet, and I have been in Hollywood for three weeks

41
Q

“Death by suicide”:

A

Currently accepted terminology

42
Q

Informed Consent:

A

Good for length of treatment

43
Q

Release of information:

A

Good for 12 months

44
Q

Beliefs:

A

Personal values do not need to be changed, must follow ethics code

45
Q

Behaviors

A

Must abide by the ethics codes related to discrimination

46
Q

In CA, HIV/AIDS is not considered Tarasoff

A

True

47
Q

Informed consent is suggested to be in writing, but is not law

A

True

48
Q

Patient access to records:

A

Access to view – 5 days
Access to copy – 15 days
Summary of records – 10 days

49
Q

Four elements that make Informed Consent valid:

A
  1. Capacity
  2. Comprehension of information
  3. Voluntary
  4. Document
50
Q

Elements in Informed Consent

A 
Office policies
Client’s rights
Limits of confidentiality
Fees
Insurance
Emergency
Cancellation policy
Signature
51
Q

Bracketing:

A

Managing personal values so they do not contaminate the counseling process

52
Q

Conscience Clause:

A

A legislative provision that relieves a person from compliance on religious grounds

53
Q

Julea Ward

A

dismissed from counseling program after refusing to counsel gay student

54
Q

Dueling ethics codes:

A

Non-discrimination vs

Scope of competence

55
Q

Forgiving and collecting the client co-pay

A

Must keep insurance company informed

May not forgive client co-pay as a contract for treatment

56
Q

“Insurance” diagnosis

A

Must give correct diagnosis even if insurance company refuses reimbursement

Insurance companies don’t want to pay for personality disorders or z-code

57
Q

Billing for missed sessions

A

Ethics: Confidentiality with billing statement

Legality: Indicate unattended session on statement

58
Q

“Therapy never includes sexual behavior” – brochure

A

Give to client who reports sex with a former therapist

At client’s request, a staff person may support or assist in reporting the incident, but should not pressure the client to report

59
Q

Record keeping

A

Must keep records for 7 years from cessation of treatment, and 7 years past majority for minors

60
Q

Court Order

A

Overrides need to obtain client consent
A demand issued by a judge
Must respond with or without client consent

61
Q

Holder of privilege

A

Older minors – generally may hold their own privilege
Younger minors – generally parent or legal guardian holds privilege
General rule – decided in court by judge

62
Q

3rd Party Rule:

A

US legal theory – people who voluntarily give information to 3rd parties have “no reasonable expectation of privacy”

63
Q

Failure to report abuse

A

Misdemeanor

6 months in jail or $1000 fine – or both

64
Q

Purposely not report abuse

A

Misdemeanor

1 year in jail or $5000 fine – or both

65
Q

Child abuse

A

Reasonable suspicion
Notify APS immediately by phone
Prepare and send report within 36 hours

66
Q

Divorce

A

dissolution

67
Q

Defendant

A

respondent

68
Q

Plaintiff

A

petitioner

69
Q

Alimony

A

spousal support

70
Q

Treating minors without parental consent (must have both)

A
  1. Must be 12-17 years old

2. Must be mature enough to have treatment (or danger to self or other without services)

71
Q

Duty to warn vs duty to protect

A

Duty to warn refers to a counselor’s obligation to warn identifiable victims

Duty to protect is a counselor’s duty to reveal confidential client information in the event that the counselor has reason to believe that a 3rd party may be harmed

72
Q

Rule of least restrictive treatment

A 
Before someone is hospitalized, is it possible to:
Increase sessions 
support system 
medication consult 
agreement 
adjunctive treatment
73
Q

When to Consult

A 
Client deterioration
Legal and ethical issues
CT/burnout
Uncertainty about diagnosis
Lack of improvement
Red flag issues:
74
Q

Standard of care – four elements

A
  1. Reasonable therapist
  2. Ethics codes
  3. Statute
  4. Case law
75
Q

Professionalism:

A

Working within own expertise
Consultation or supervision in new area
Maintaining knowledge of standard of care
Maintaining personal mental health
Practicing self-care
Must practice professionalism when off-duty

76
Q

Preventing Burnout – physical, emotional, mental exhaustion

A

Self-preparation for disappointments and lack of confidence
Evaluate unrealistic self-expectations
Continue replenishing: vacations, hobbies, active relationships, balance
Consultation
Personal therapy
Work within competency

77
Q

Patriot Act:

A

Federal court order sought from a federal judge – if approved, client’s records are sought
We are not required to provide this information to anyone other than the person seeking it
One time only

78
Q

Child custody:

A

Legal – decisions

Physical – location

79
Q

Types of child custody

A

Intact
Domestic partnership – adoption
Joint
Sole

Law & Ethics (3 decks)

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