Law and Ethics Flashcards
Advertising/Getting clients
LEGAL REQUIREMENTS
Do NOT engage in false or misleading advertising
NOT offer or accept payment for referrals
Advertising/Getting clients
ETHICAL REQUIREMENTS
Avoid treating a client who is receiving treatment from another therapist except by agreement with that therapist
Take reasonable steps to prevent distortion of their research or clinical background
Do NOT solicit clients from other therapist or encourage clients to leave other therapists
Accurately represent their qualifications
Do NOT use names that mislead public
Do NOT solicit testimonials from clients who, due to their particular circumstances, are vulnerable to undue influence
Represent themselves as an expert or having a specialization ONLY if they have the training to meet the professional standards in that specialty area
Do NOT offer or accept payment for referrals
Autonomy
LEGAL REQUIREMENTS
NONE!
Autonomy
ETHICAL REQUIREMENTS
Respect the rights of patients to make their own decisions
Work with clients to develop treatment plans consistent with their treatment goals
Business Name
LEGAL REQUIREMENTS
Disclose owners and license info if using a fictitous business name
Business Name
ETHICAL REQUIREMENTS
NONE
Child abuse and neglect
LEGAL REQUIREMENTS
Report suspected abuse immediately; written report within 36 hours
Child abuse and neglect
ETHICAL REQUIREMENTS
Process with client as needed
Client care
LEGAL REQUIREMENTS
Legally must provide care that meets standards
Client care
ETHICAL REQUIREMENTS
Inform clients of availability for emergencies and contact between sessions
Manage office policies
Confidentiality
LEGAL REQUIREMENTS
Maintain confidentiality unless mandated to break it
Confidentiality
ETHICAL REQUIREMENTS
Inform clients of limits of confidentiality
Maintain confidentiality except when mandated or permitted by law
Educate group therapy members about confidentiality and are encouraged to obtain written agreement from group members
Culture & Diversity
LEGAL REQUIREMENTS
NONE
Culture & Diversity
ETHICAL REQUIREMENTS
Strive to identify and understand diverse cultural backgrounds of clients
Make efforts to understand how their own values/beliefs affect the process of therapy
Do NOT exert undue influence on their choice of treatment based on their own values/beliefs
Provide necessary translation or help with communication if it is perceived that communication is not clear due to impairments or fluency issues
Provide services that display cultural competence
Elder/dependent adult abuse/neglect
LEGAL REQUIREMENTS
Report suspicion immediately; written report within 2 days (with exceptions timing-wise)
Elder/dependent adult abuse/neglect
ETHICAL REQUIREMENTS
Process report with client
Families and Couples
LEGAL REQUIREMENTS
NONE
Families and Couples
ETHICAL REQUIREMENTS
Articulate “secrets policy” when working with families and couples
In all circumstances, advise clients that the decision to separate or divorce is the responsibility solely of the client
Consider potential conflicts when treating multiple parties of a treatment unit
Inform treatment unit of any potential consequences of therapist-client role changes
Fees and Finances
LEGAL REQUIREMENTS
Disclose fees before onset of treatment
Fees and Finances
ETHICAL REQUIREMENTS
Do NOT financially exploit clients
Disclose fees and management of fee payments
Give reasonable notice to patients with unpaid balances of their intent to refer to collections or to sue
Ordinarily refrain from bartering for services unless it is suitable to accept barter as payment
Do NOT give/receive gifts with clients that impair the integrity or efficacy of the therapeutic relationship…consider monetary value and clinical significance
HIPAA
LEGAL REQUIREMENTS
Comply with HIPAA standards if a HIPAA covered entity
Provide NPI number to client
HIPAA
ETHICAL REQUIREMENTS
NONE
Informed Consent
LEGAL REQUIREMENTS
Obtain informed consent for adults
Obtain signed informed consent for minors
Provide client with notice where complaints can be filed (BBS)
Informed Consent
ETHICAL REQUIREMENTS
Provide adequate information about therapy, including potential risks and benefits
Insurance
LEGAL REQUIREMENTS
Do NOT alter diagnosis or treatment unit in order to get paid
Do NOT submit false treatment claims to third-party payers
Insurance
ETHICAL REQUIREMENTS
Advocate for client for necessary services and challenge denial of payments
Discuss appropriate treatment alternatives, even if not covered by insurance
Advise clients of information that will likely be disclosed to a third-party payer
Truthfully represent clinical services rendered for payment to third-party payers
License
LEGAL REQUIREMENT
Display license publicly in treatment office
License
ETHICAL REQUIREMENT
Inform clients of therapist’s professional background
Planned violence towards others
LEGAL REQUIREMENT
Duty to Protect: assess and document assessment of client’s potential for committing violence.
Notify local law enforcement when a client has made a specific and serious (i.e., imminent) threat to an identifiable other
Possibly notify victim if appropriate
Planned violence towards others
ETHICAL REQUIREMENT
NONE
Privilege
LEGAL REQUIREMENT
Manage issues of privilege when records are requested in a legal proceeding
Privilege
ETHICAL REQUIREMENT
Inform client of potential risks of waiving privilege
Records
LEGAL REQUIREMENTS
Keep clinically sound medical records
Keep records locked and secure at all times
Keep records for 7 years or until a minor client is 25 y/o
Do NOT alter medical records
Obtain signed authorization to release records (12+)
Requests of records from clients:
5 days - to inspect
10 days - for summary
15 days - copy of records
Minors: Can deny parents access to records if harmful to patient/treatment
Records
ETHICAL REQUIREMENTS
Do NOT withhold records because a client has not paid for services
Document treatment decisions and maintain clinically sound records
Store, transport, and dispose of records in ways that protect confidentiality
Obtain signed authorization from every member of treatment unit (old enough to consent = 12+) to release information
Scope of Competence
LEGAL REQUIREMENT
NONE
Scope of Competence
ETHCIAL REQUIREMENT
Seek consultation when clinically appropriate (protect identity of client)
Manage countertransference
Seek professional assistance for personal problems that impair performance
Stay current with developments in the field through educational activities or clinical experience
Provide services within their scope of competence as determined by their education, skills, and training
Assist colleagues who are impaired due to substance use, emotional problems, or mental illness
Scope of Practice
LEGAL REQUIREMENT
Work within MFT Scope of Practice
Scope of Practice
ETHICAL REQUIREMENT
NONE
Sex & Relationships
LEGAL REQUIREMENT
Do NOT engage in sexual relations with clients OR terminate therapy in order to engage in relationship with clients
Provide BBS brochure “Therapy Never Includes Sexual Behavior” to any adult client who reports sex with a previous therapist
Sex & Relationships
ETHICAL REQUIREMENT
Avoid Dual Relationships with clients and supervisees
Avoid sexual relationship with patient or patient’s immediate family members
Do NOT treat any person with whom the therapist had a previous sexual relationship
Do NOT use professional relationships to further their own interests
Sharing information/records
LEGAL REQUIREMENT
Obtain signed release for sharing information (12+)
Sharing information/records
ETHICAL REQUIREMENT
Obtain written consent to record a session or permit a third-party observation
Obtain signed authorization from every member of treatment unit (old enough to consent = 12+) to release information
Obtain written consent from a patient to use their clinical information in a presentation
Suicidality
LEGAL REQUIREMENT
Take “appropriate preventative measures” to avert harm (Duty to Protect)
Suicidality
ETHICAL REQUIREMENT
Appropriate client care
Termination
LEGAL REQUIREMENT
Avoid abandonment
Termination
ETHICAL REQUIREMENT
Avoid treatment disruptions by providing contact information, appropriate termination, and professional will
Do NOT abandon or neglect a client
Provide appropriate referrals if needed
Do NOT maintain therapeutic relationship solely for financial gain
Continue therapeutic relationship only if it is reasonably clear client is benefitting
Telehealth
LEGAL REQUIREMENT
Obtain informed consent for telehealth
Follow Jurisdictional law
Provide license #
Document efforts to obtain local resources in case of emergency
Each session, determine if telehealth is appropriate
Telehealth
ETHICAL REQUIREMENT
Consider appropriateness of electronic therapy
Inform clients of potential risks and limitations of telehealth
Ensure security of communication
Follow jurisdictional law
When in another location, provide local emergency resources
