Law and Ethics Flashcards
Which issues are legal, ethical or both
1
Q
Advertising
A
Legal - No false advertising
Ethical - No misleading advertising, claims, info, no soliciting reviews
No exaggerating competence
2
Q
Authorization to Share Information
A
Legal - Anyone 12+ should sign a release
Ethical - Members of treatment unit 12+ should sign
3
Q
Business Practices; Post License, Disclose owner’s name and license of business.
A
Legal
4
Q
Reporting child abuse if there is a reasonable suspicion
A
Legal
5
Q
Confidentiality
A
Legal - HIPPA, NPP, only break when mandated
Ethical - limits to, maintain unless mandated
6
Q
Consultation when clinically indicated
A
Ethical
7
Q
Managing Countertransference
A
Ethical
8
Q
Avoiding dual relationships
A
Ethical
9
Q
Understanding cultural factors
A
Ethical
10
Q
Mandated reporting of elder abuse
A
Legal
11
Q
Fees
A
Legal and ethical
12
Q
Gifts
A
Ethical
13
Q
Confidentiality in group therapy
A
Ethical
14
Q
Notifying police when there is imminent intent to harm to others
A
Legal
15
Q
Comply with HIPPA when communicating with third-party-payers
A
Legal
16
Q
Informed consent
A
Legal - fees, signed for minor, license status, HIPPa etc.
Ethical - Alt. treatments, policies, limits to confidentiality, therapist background
17
Q
Insurance
A
Legal - false claims
Ethical - Advocacy
18
Q
Issues with other therapists
A
Ethical - support when compromised, no stealing clients, do not treat for same issue.
19
Q
Seeking help for Personal Problems
A
Ethical
20
Q
Privilege
A
Legal - only applies to legal situations
Ethical - Inform client about risks of waiving rights
21
Q
Records
A
Legal - 7 years or until client is 25
Ethical - standard of practice, do not withhold.
22
Q
Referral
A
Legal - no payment for referrals
Ethical - no payment, provide clinically appropriate
23
Q
Scope of Comptetence
A
Ethical - stay current & in scope
24
Q
Scope of Practice
A
Legal - stay in legally defined scope
25
Self-Determination
Ethical - client's autonomy and participation in treatment plan
26
Sexual Realtions
Legal - illegal during + 2yrs, brochure
Ethical - avoid with those close to client, exes.
27
Standard of Care
Legal
28
Suicide
Legal - assess risk, meet standard of care
Ethical - address overall wellbeing of client
29
Telehealth
Legal - consent, appropriateness, document location
Ethical - resourcing, appropriateness, risk, privacy
30
Termination
Ethical - when a client isn't benefitting
31
Treating Minors
Legal - comply with consent laws, can deny records to parents
32
Treating Multiple People in Treatment Unit
Ethical - risks, conflicts, secrets policy, informed consent
33
What Reporting is Mandated?
Physical abuse, sexual abuse, and neglect are mandated
Emotional abuse and exposure to domestic violence is optional.
34
If the client is 18 or older and the abuse occurred in childhood, should you report
No. Confidentiality is maintained unless there is a reasonable suspicion other minors are currently being abused.
35
Should I report if a child is taken out of state without permission?
No. This is considered kidnapping and the client should call law inforcement.
36
Should I report consensual sex between minors?
If one of the minors is less than 14 and the other is over 14, it is reportable.
37
What is the standard of care for assessing for child abuse or neglect?
If any risk factors are present, a therapist should assess for abuse and/or neglect
38
Should I file a report if I am not working in a professional capacity?
Filing a report is not mandated in this situation, but is optional.
39
Am I legally required to inform my client that I have reported?
It is not legally required but it is considered best practice unless it would put any party involved at risk of harm.
40
Is failure to provide medical care reportable?
Yes. It is considered neglect?
41
Are previous crimes reportable?
No. Only if they are crimes about children, dependent adults, or elders.
42
Who signs for a release of information?
Each participant in therapy 12 or older who is competent to do so.
43
Permitted Exceptions to Confidentiality
High Risk of Suicide
Grave Disability
A client or their representative signs an authorization
When billing insurance
Disclosures to parents of minors
Disclosures to other mental health providers in order to prevent harm to patients
44
What is the Duty to Protect?
When the client presents serious danger of violence to an identifiable other, the therapist is obligated to take steps to protect the victim, which may include:
Calling the victim(s)
Notifying the police
Voluntary or involuntary hospitalization
Medication management
Therapeutic interventions
45
What is the Duty to Report?
When the client makes threats of serious danger or violence to a reasonably identifiable other, the therapist is obligated to report to local law enforcement within 24 hours.
46
NOT alter medical records
Legal
47
NOT offer or accept payment for referrals
Legal and Ethical
48
NOT treat any person with whom the therapist had a previous sexual relationship.
Ethical
49
When client is in another location, provide local emergency resources.
Legal and Ethical
50
Inform clients of the limits of confidentiality.
Legal
51
Avoid treatment disruptions by providing contact info, appropriate termination, and a professional will.
Ethical
52
Work within the MFT scope of practice
Legal
53
NOT condone or engage in discrimination.
Ethical
54
Assess and document the assessment of a client's potential for committing violence (Duty to Protect)
Legal
55
Inform client or treatment unit of any potential consequences of therapist-client role changes
Ethical
56
Comply with HIPAA standards if a covered HIPAA entity
Legal
57
Provide appropriate referrals if needed
Ethical
58
Consider appropriateness of electronic therapy and inform clients of potential risks
Legal and Ethical
59
Avoid sexual relationship with a client or client’s immediate family members
Legal and Ethical
60
Keep clinically sound medical records
Legal and Ethical
61
Avoid dual relationships with clients and supervisees
Ethical
62
Maintain clinical sound medical record for 7 years or until a minor client is 25
Legal
63
Take “appropriate preventive measures” to avert harm to suicidal clients
Legal and Ethical
64
NOT engage in false or misleading advertising
Legal and Ethical
65
Work jointly with clients to develop treatment plans that are consistent with client
treatment goals
Ethical
66
NOT abandon or neglect a client
Ethical
67
Obtain informed consent for telemedicine
Legal and Ethical
68
NOT engage in sexual relations with clients or terminate therapy in order to engage in a
sexual relationship with clients
Legal and Ethical
69
Continue therapeutic relationship only if it’s reasonably clear the client is benefiting
Ethical
70
Report suspected elder abuse/neglect immediately and file a report within 2 days
Legal
71
Provide adequate information about therapy including potential risks and benefits
Legal and Ethical
72
Inform clients of availability for emergencies and other contact between sessions
Ethical
73
Keep records locked and secure at all times
Legal
74
NOT maintain a therapeutic relationship solely for financial gain
Ethical
75
Obtain a signed release to share information/records
Legal and Ethical
76
Report suspected child abuse/neglect immediately and file a report within 36 hours
Legal
77
NOT use their professional relationship to further their own interests
Ethical
78
Avoid treating a client who is receiving treatment from another therapist except by agreement with that therapist
Ethical
79
Educate group therapy members about confidentiality and encourage to obtain written agreement from group members
Ethical
80
Notify local law enforcement when a client has made a specific and serious (i.e., imminent) threat to an identifiable other
Legal
81
Process the need to file a child abuse report
Ethical
82
Advise clients of the information that will likely be disclosed to a third-party payer
Legal and Ethical
83
Consider potential conflicts when treating multiple parties of a treatment unit
Ethical
84
Discuss appropriate treatment alternatives
Ethical
85
Disclose fees before onset of treatment
Legal and Ethical
86
NOT submit false treatment claims to third-party payers
Legal and Ethical
87
Document treatment decisions and maintain clinically sound records
Legal and Ethical
88
Stay current with developments in the field through educational activities or clinical
experience
Ethical
89
Maintain confidentiality except when mandated or permitted by law to break it
Legal and Ethical
90
Manage issues of privilege when records are requested in a legal proceeding
Legal
91
NOT alter diagnosis or treatment unit in order to get paid
Legal
92
Store, transport, and dispose of records in ways that protect confidentiality
Legal and Ethical
93
Provide services within scope of competence as determined by education, skills, and
training
Ethical
94
Display license publicly in treatment office
Legal
95
Inform the clients of the therapist’s professional background
Ethical
96
Obtain signed authorization from every member of treatment unit who is old enough to
consent to release information
Legal and Ethical
97
Give reasonable notice to clients with unpaid balances of their intent to refer to
collections or sue
Ethical
98
NOT solicit clients from therapists or encourage clients to leave other therapists
Ethical
99
Obtain informed consent of adults
Legal and Ethical
100
Assist colleagues who are impaired due to substance use, emotional problems, or
mental illness
Ethical
101
Obtain written consent from a client to use their clinical information in a presentation
Legal and Ethical
102
Take reasonable steps to prevent distortion of research or clinical background
Ethical
103
Disclose owners and license info if using a fictitious name
Legal
104
NOT solicit testimonials from clients who, due to their particular circumstances, are vulnerable to undue influence
Ethical
105
NOT use names that mislead public
Legal and Ethical
106
NOT financially exploit clients
Ethical
107
Articulate “secrets policy” when working with families and couples
Ethical
108
Represent themselves as an expert or having a specialization ONLY if they have the
training to meet the professional standards in that specialty area
Legal and Ethical
109
Seek consultation when clinically appropriate
Ethical
110
Management of office policies
Ethical
111
Obtain signed informed consent of minors
Legal
112
Management of countertransference
Ethical
113
Disclose fees and management of fee payment
Legal and Ethical
114
NOT withhold records because a client has not paid for services
Legal and Ethical
115
Accurately represent their qualifications
Legal and Ethical
116
Process the need to file an elder/dependent adult abuse report
Ethical
117
Truthfully represent clinical services rendered for payment to third-party payers
Legal and Ethical
118
Advocate for necessary services and challenge denial of payments
Ethical
119
Obtain written consent to record a session or permit third-party observation
Legal and Ethical
120
Provide necessary translation or help with communication if it is perceived that
communication is not clear due to impairments or fluency issues
Ethical
121
NOT exert undue influence on the choice of treatment based on their own values/beliefs
Ethical
122
Provide the BBS brochure “Therapy Never Includes Sexual Behavior” to any adult client
who reports sex with a previous therapist
Legal
