Is it Legal or ethical or both and why

Question 1

Advertising

Answer 1

Legal: Do not engage in false or
misleading advertising

Ethical: Avoid false/misleading advertising;
Avoid/correct misleading claims and info;
Do not solicit testimonials from vulnerable
clients

Question 2

Authorization to
Share Information

Answer 2

Legal: Anyone 12+ should sign release

Ethical: All members of treatment unit who
are 12+ should sign release.

Question 3

Business Practices

Answer 3

Legal Only: Post license; Disclose owner’s
name and license of business

Question 4

Child Abuse

Answer 4

Legal: Mandated report if reasonable
suspicion.

Not Ethical, but BBS likes you to process need to report with client

Question 5

Confidentiality

Answer 5

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

Question 6

Consultation

Answer 6

Ethical Only: Should be done when clinically
indicated; Protect identity of client.

Question 7

Countertransference

Answer 7

Ethical Only: Manage it; Seek consultation when problematic

Question 8

Dual Relationships/
Conflict of Interests

Answer 8

Ethical Only: Avoid dual relationships because of potential conflict of interest; Manage
unavoidable dual relationships

Question 9

Diversity

Answer 9

Ethical Only: Understand cultural factors affecting clinical issues.

Question 10

Elder/Dependent Abuse

Answer 10

Legal: : Mandated report if reasonable
suspicion; Report to appropriate agency.

Ethical: But BBS likes you to process need to
report with client.

Question 11

Fees

Answer 11

Legal: Disclose fees

Ethical: Manage fees; Disclose fee policies;
Alert client before using collections;
Consider ability to pay for services.

Question 12

Gifts

Answer 12

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

Question 13

Groups

Answer 13

Ethical Only: Discuss issues of confidentiality.

Question 14

Harm to Others

Answer 14

Legal Only: Assess for harm; Notify police if
there is imminent plan; Possibly notify
victim if clinically appropriate

Question 15

Harm to Others

Answer 15

Legal Only: Assess for harm; Notify police if
there is imminent plan; Possibly notify
victim if clinically appropriate

Question 16

HIPPA

Answer 16

Legal Only: Comply with HIPAA when
electronically communicating with
third-party payers

Question 17

Informed Consent

Answer 17

Legal: Disclose Fees; Signed for Minor;
If fictitious business name is used,
name and license of owner; Technology utilization; License status; License number; NPP if HIPAA-covered entity; Notice where
complaints can be filed.

Ethical: Alternate treatments; Office policies;
Limits of confidentiality; Therapist background

Question 18

Insurance

Answer 18

Legal: Illegal to submit false claims; Advise patients of info that will likely be disclosed to third-party payer.

Ethical: Advocate if needed services are
denied; Advise client that information would be shared with insurance; Avoid false claims

Question 19

Issues with Other Therapists

Answer 19

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

Question 20

Personal Problems

Answer 20

Ethical Only: Seek professional help for mental health/substance abuse issues. (DUI can result in suspension of license.)

Question 21

Privilege

Answer 21

Legal: Only applies to legal situations; Notify client of subpoena; Assert privilege

Question 22

Records

Answer 22

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.

Question 23

Referral

Answer 23

Legal: Illegal to pay or receive payments
for referrals.

Ethical: Unethical to pay or receive payments
for referrals; Provide clinically appropriate
referrals

Question 24

Scope of Competence

Answer 24

Ethical Only: Should only work within bounds of education, skills, and training; Stay current
with skills.

Question 25

Scope of Practice

Answer 25

Legal Only: Must work within legally defined
scope.

Question 26

Self-Determination

Answer 26

Ethical Only: Avoid advice giving; Support client to make own decisions; Jointly create
treatment plan

Question 27

Sexual Relations

Answer 27

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: Also includes sexual relationships
with relatives/friends of client; Avoid treating someone with whom you’ve had a previous sexual relationship.

Question 28

Standard of Care

Answer 28

Legal: Therapist must provide care that meets standards.

Not ethical, but ethical standards contribute to Standard of Care

Question 29

Suicide

Answer 29

Legal: Meet standard of care; Assess; Intervene according to level of risk

Ethical: Addressing overall well-being of client.

Question 30

Telehealth

Answer 30

Legal: Obtain informed consent; Follow jurisdictional laws (client’s location); Provide license number; Document efforts to obtain local resources in case of emergency; Each session determines 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 telehealth; Ensure security of communication; Follow jurisdictional
laws (client’s location)

Question 31

Termination

Answer 31

No Legal, but should avoid abandonment.

Ethical Only: Terminate when client is no longer benefiting; Provide referrals for premature termination; Maintain professional will.

Question 32

Treating Minors

Answer 32

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

No ethical, but should manage issues of
confidentiality.

Question 33

Treating Multiple People in Treatment Unit

Answer 33

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