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MFT Exam - My Cards > Law and Ethics > Flashcards

Law and Ethics Flashcards

1
Q

Advertising/Getting clients

LEGAL REQUIREMENTS

A

Do NOT engage in false or misleading advertising
NOT offer or accept payment for referrals

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2
Q

Advertising/Getting clients

ETHICAL REQUIREMENTS

A

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

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3
Q

Autonomy

LEGAL REQUIREMENTS

A

NONE!

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4
Q

Autonomy

ETHICAL REQUIREMENTS

A

Respect the rights of patients to make their own decisions

Work with clients to develop treatment plans consistent with their treatment goals

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5
Q

Business Name

LEGAL REQUIREMENTS

A

Disclose owners and license info if using a fictitous business name

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6
Q

Business Name

ETHICAL REQUIREMENTS

A

NONE

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7
Q

Child abuse and neglect

LEGAL REQUIREMENTS

A

Report suspected abuse immediately; written report within 36 hours

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8
Q

Child abuse and neglect

ETHICAL REQUIREMENTS

A

Process with client as needed

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9
Q

Client care

LEGAL REQUIREMENTS

A

Legally must provide care that meets standards

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10
Q

Client care

ETHICAL REQUIREMENTS

A

Inform clients of availability for emergencies and contact between sessions

Manage office policies

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11
Q

Confidentiality

LEGAL REQUIREMENTS

A

Maintain confidentiality unless mandated to break it

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12
Q

Confidentiality

ETHICAL REQUIREMENTS

A

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

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13
Q

Culture & Diversity

LEGAL REQUIREMENTS

A

NONE

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14
Q

Culture & Diversity

ETHICAL REQUIREMENTS

A

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

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15
Q

Elder/dependent adult abuse/neglect

LEGAL REQUIREMENTS

A

Report suspicion immediately; written report within 2 days (with exceptions timing-wise)

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16
Q

Elder/dependent adult abuse/neglect

ETHICAL REQUIREMENTS

A

Process report with client

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17
Q

Families and Couples

LEGAL REQUIREMENTS

A

NONE

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18
Q

Families and Couples

ETHICAL REQUIREMENTS

A

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

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19
Q

Fees and Finances

LEGAL REQUIREMENTS

A

Disclose fees before onset of treatment

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20
Q

Fees and Finances

ETHICAL REQUIREMENTS

A

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

21
Q

HIPAA

LEGAL REQUIREMENTS

A

Comply with HIPAA standards if a HIPAA covered entity

Provide NPI number to client

22
Q

HIPAA

ETHICAL REQUIREMENTS

A

NONE

23
Q

Informed Consent

LEGAL REQUIREMENTS

A

Obtain informed consent for adults

Obtain signed informed consent for minors

Provide client with notice where complaints can be filed (BBS)

24
Q

Informed Consent

ETHICAL REQUIREMENTS

A

Provide adequate information about therapy, including potential risks and benefits

25
Q

Insurance

LEGAL REQUIREMENTS

A

Do NOT alter diagnosis or treatment unit in order to get paid

Do NOT submit false treatment claims to third-party payers

26
Q

Insurance

ETHICAL REQUIREMENTS

A

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

27
Q

License

LEGAL REQUIREMENT

A

Display license publicly in treatment office

28
Q

License

ETHICAL REQUIREMENT

A

Inform clients of therapist’s professional background

29
Q

Planned violence towards others

LEGAL REQUIREMENT

A

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

30
Q

Planned violence towards others

ETHICAL REQUIREMENT

A

NONE

31
Q

Privilege

LEGAL REQUIREMENT

A

Manage issues of privilege when records are requested in a legal proceeding

32
Q

Privilege

ETHICAL REQUIREMENT

A

Inform client of potential risks of waiving privilege

33
Q

Records

LEGAL REQUIREMENTS

A

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

34
Q

Records

ETHICAL REQUIREMENTS

A

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

35
Q

Scope of Competence

LEGAL REQUIREMENT

A

NONE

36
Q

Scope of Competence

ETHCIAL REQUIREMENT

A

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

37
Q

Scope of Practice

LEGAL REQUIREMENT

A

Work within MFT Scope of Practice

38
Q

Scope of Practice

ETHICAL REQUIREMENT

A

NONE

39
Q

Sex & Relationships

LEGAL REQUIREMENT

A

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

40
Q

Sex & Relationships

ETHICAL REQUIREMENT

A

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

41
Q

Sharing information/records

LEGAL REQUIREMENT

A

Obtain signed release for sharing information (12+)

42
Q

Sharing information/records

ETHICAL REQUIREMENT

A

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

43
Q

Suicidality

LEGAL REQUIREMENT

A

Take “appropriate preventative measures” to avert harm (Duty to Protect)

44
Q

Suicidality

ETHICAL REQUIREMENT

A

Appropriate client care

45
Q

Termination

LEGAL REQUIREMENT

A

Avoid abandonment

46
Q

Termination

ETHICAL REQUIREMENT

A

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

47
Q

Telehealth

LEGAL REQUIREMENT

A

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

48
Q

Telehealth

ETHICAL REQUIREMENT

A

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

MFT Exam - My Cards (4 decks)

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