Law and Ethics Quiz Flashcards
True or false
- _____ Ignorance of the law is an acceptable legal defense for injuring clients.
- False - Ignorance of the law is an acceptable legal defense for injuring clients.
Point of test is you are responsible for knowing law
True or false
- _____Clients have the right to sue their clinician for abandonment.
- True - Clients have the right to sue their clinician for abandonment.
If therapist initiates termination, ethical responsibility to provide referrals
True or false
- _____A client is legally entitled to adequate information from the therapist before the client provides consent to treat.
- True - A client is legally entitled to adequate information from the therapist before the client provides consent to treat.
Informed consent process, risks and benefits fees no payment termination process
True or false
- _____Clinicians should take additional steps if necessary to insure a client’s comprehension of the informed consent contract.
- True - Clinicians should take additional steps if necessary to insure a client’s comprehension of the informed consent contract.
Therapist responsibility, if they don’t speak English, makes sure they understand, provide translation
True or false
- _____Couples should be informed that both reconciliation and separation are possible outcomes of therapy.
- True - Couples should be informed that both reconciliation and separation are possible outcomes of therapy.
Deals with expectations of treatment and managing expectations
True or false
- _____ Terminating services in order to pursue a social, financial, or sexual relationship with a client is acceptable.
- False - Terminating services in order to pursue a social, financial, or sexual relationship with a client is acceptable.
Most common things that happens, this is creating a dual relationship, they can sue you for this.
True or false
- _____ if a13 year-old seeks and consents for his own treatment, his parents still have a legal right to access his records.
- False - If a13 year-old seeks and consents for his own treatment, his parents still have a legal right to access his records.
He would have to give authorization, signed. even if parents brought a 12 yo in, kid would still have to sign
True or false
- _____A therapist must obtain signed informed consent prior to treatment.
- False -A therapist must obtain signed informed consent prior to treatment.
If it was a minor it would be true, for an adult it doesn’t need to be signed.
True or false
- _____When treating a couple, the clinician only needs informed consent from one of the individuals.
- False - When treating a couple, the clinician only needs informed consent from one of the individuals.
Need from any =one who is old enough to consent
True or false
- _____Termination rights for both the clinician and the client should be included in the informed consent.
- True - Termination rights for both the clinician and the client should be included in the informed consent.
Put it in writing in advance in the informed consent
True or false
- _____ legally, fees must be disclosed before the onset of therapy.
- True - Legally, fees must be disclosed before the onset of therapy.
True or false
- _____A therapist should document that he/she obtained informed consent for treatment from client.
- True - A therapist should document that he/she obtained informed consent for treatment from client.
True or false
- _____ The therapist has an ethical and legal duty to inform clients of possible outcomes of treatment in order to remain within the standard of care.
- True - The therapist has an ethical and legal duty to inform clients of possible outcomes of treatment in order to remain within the standard of care.
True or false
- _____ A therapist should obtain a distinct and separate informed consent for the use of any challenging or novel modalities including any involving touch.
- True - A therapist should obtain a distinct and separate informed consent for the use of any challenging or novel modalities including any involving touch.
if therapist wants to try new approach, get separate consent
True or false
- _____The clinician is responsible for providing appropriate referrals for continuity of care when the client initiates termination.
- False - The clinician is responsible for providing appropriate referrals for continuity of care when the client initiates termination.
when its client, you DOON’T have a responsibility to do it. You could if you want
True or false
- _____ Managing confidentiality is a legal and ethical issue.
- True - Managing confidentiality is a legal and ethical issue.
True or false
- _____The only exceptions to confidentiality are by a client’s written consent to release information or a legal mandate or legal permission to release information.
- True - The only exceptions to confidentiality are by a client’s written consent to release information or a legal mandate or legal permission to release information.
True or false
- _____If a husband calls for information about his wife who is in treatment, the therapist should assert privilege.
- False - If a husband calls for information about his wife who is in treatment, the therapist should assert privilege.
Privilege is only when dealing with the courts. If you don’t have release form husband, shut up.
True or false
- _____The term privilege relates to the release of information in a legal setting.
- True - The term privilege relates to the release of information in a legal setting.
True or false
- _____A therapist is obligated to break confidentiality if there is reasonable suspicion of child abuse.
- True - A therapist is obligated to break confidentiality if there is reasonable suspicion of child abuse.
Reasonable suspension
True or false
- _____A therapist is obligated to break confidentiality if the client is suicidal.
- False - A therapist is obligated to break confidentiality if the client is suicidal.
grey area. Optional. Determine best intervention given clinical context
True or false
- _____ A therapist is mandated to break confidentiality if there is reasonable suspicion of elder abuse.
- True - A therapist is mandated to break confidentiality if there is reasonable suspicion of elder abuse.
True or false
- _____If a client has a plan to vandalize someone’s car, the therapist should warn the victim and warn the police.
- False - If a client has a plan to vandalize someone’s car, the therapist should warn the victim and warn the police.
just a plan is not enough for Tarasoff
True or false
- _____If a new client indicates signs of hopelessness and depression, a prudent therapist would assess for suicide.
- True - If a new client indicates signs of hopelessness and depression, a prudent therapist would assess for suicide.
TEST: want to know that assessing for suicide is good and managing is a legal requirement
True or false
- _____ If a client makes a serious threat to harm an identifiable other, the therapist must warn the victim.
- False - If a client makes a serious threat to harm an identifiable other, the therapist must warn the victim.
must warn police, victim is optional
True or false
- _____Someone over the age of 60 is considered an elder.
- False - Someone over the age of 60 is considered an elder.
65
True or false
- _____Therapists are mandated to report domestic violence.
- False - Therapists are mandated to report domestic violence.
if there was elder abuse or child abuse as a result of domestic violence, then make those respective reports. but child is sometimes optional
True or false
- _____If a 65-year-old woman shares that her husband hit her, the therapist should report domestic violence to the police.
- False - If a 65-year-old woman shares that her husband hit her, the therapist should report domestic violence to the police.
don’t report DV, report elder abuse
True or false
- _____ When a clinician faces a legal action against them initiated by the client, the BBS or a district attorney, the therapist is permitted to break confidentiality.
- True - When a clinician faces a legal action against them initiated by the client, the BBS or a district attorney, the therapist is permitted to break confidentiality.
example of when client doesn’t have privilege
True or false
- _____If another clinician contacts you stating that he/she has a release, you may provide the information requested.
- False - If another clinician contacts you stating that he/she has a release, you may provide the information requested.
need to see the release
True or false
- _____A group confidentiality contract is a good way to clarify clients’ responsibility and protect the clinician.
- True - A group confidentiality contract is a good way to clarify clients’ responsibility and protect the clinician.
has to do with group therapy. good to have a shared group contract, and therapist makes people know that therapist must be confidential, but group members aren’t bound by law
True or false
- _____When treating minors, it is the parent who holds privilege.
- True - When treating minors, it is the parent who holds privilege.
unless there is a guardian ad litem
True or false
- _____ If an adult client shares they were a victim of child abuse as a minor and the perpetrator still has access to children the therapist must file a child abuse report.
- False - If an adult client shares they were a victim of child abuse as a minor and the perpetrator still has access to children the therapist must file a child abuse report.
even if they still have access to children, you still need reasonable suspicion, you can ask client if they thought there was child abuse and they say yes, then you can file
True or false
- _____Therapists are always required to obtain written consent from a parent or guardian before releasing any confidential information about a minor client.
- False - Therapists are always required to obtain written consent from a parent or guardian before releasing any confidential information about a minor client.
have to get written release to share info about child – if 12 or up, get it from child, if 11 down, get from parent
True or false
- _____ The parent or guardian must provide legal consent for a minor’s treatment if the minor is under 12.
- True - The parent or guardian must provide legal consent for a minor’s treatment if the minor is under 12.
True or false
- _____ It is a therapist’s legal responsibility to make an effort to learn and understand cultural assumptions of their client.
- False - It is a therapist’s legal responsibility to make an effort to learn and understand cultural assumptions of their client.
not a legal responsibility, just ethical
True or false
- _____Providing false information to an insurance company for the purpose of obtaining treatment is ethically acceptable.
- False - Providing false information to an insurance company for the purpose of obtaining treatment is ethically acceptable.
both unethical and illegal
True or false
- _____Therapists have an ethical responsibility to take reasonable care in maintaining client confidentiality while using electronic devices.
- True - Therapists have an ethical responsibility to take reasonable care in maintaining client confidentiality while using electronic devices.
True or false
- _____If an HIV+ client discloses intent to have unprotected sex with someone, the therapist has a legal duty to warn that individual.
- False - If an HIV+ client discloses intent to have unprotected sex with someone, the therapist has a legal duty to warn that individual.
this would be breaking confidentiality
True or false
- _____When informed of child abuse, a therapist must make an immediate report and follow up with a written report within 24 hours.
- False - When informed of child abuse, a therapist must make an immediate report and follow up with a written report within 24 hours.
within 36 hours
True or false
- _____When informed of elder or dependent adult abuse, a therapist must make the report immediately and follow up with a written report within 3 working days.
- False - When informed of elder or dependent adult abuse, a therapist must make the report immediately and follow up with a written report within 3 working days.
within 2 working days
True or false
- _____ When filing a report, the therapist is allowed to share any information about the case that he or she thinks is relevant to report.
- True - When filing a report, the therapist is allowed to share any information about the case that he or she thinks is relevant to report.
allowed amount of info is whatever is relevant to that particular report – why you have suspicion
True or false
- _____Therapists should document their reasons for filing an abuse report.
- False - Therapists should document their reasons for filing an abuse report.
anytime there is a crises issue document you thought process
True or false
- _____Privilege is the right of the client to maintain confidentiality regarding the legal system.
- true - Privilege is the right of the client to maintain confidentiality regarding the legal system.
True or false
- _____If a client initiates a lawsuit claiming emotional injury, attorneys for the opposing side are entitled to said client’s records.
- True - If a client initiates a lawsuit claiming emotional injury, attorneys for the opposing side are entitled to said client’s records.
one time they don’t have privilege
True or false
- _____Privilege is suspended if either client or therapist sues the other.
- True - Privilege is suspended if either client or therapist sues the other.
True or false
- _____ If a lawyer subpoenas a client’s records without a release, and the therapist is unable to contact the client, the therapist should turn over the records.
- False - If a lawyer subpoenas a client’s records without a release, and the therapist is unable to contact the client, the therapist should turn over the records.
assert privilege
True or false
- _____Professional duty begins as soon as the client enters into an implicit or explicit therapeutic contract.
- True - Professional duty begins as soon as the client enters into an implicit or explicit therapeutic contract.
technically as soon as you engage in a conversation it begins
True or false
- _____A therapist may provide services without consent for treatment if the client is in a crisis.
- True - A therapist may provide services without consent for treatment if the client is in a crisis.
SI psychosis – to do informed consent would be inappropriate and potentially harmful
True or false
- _____Therapists have a professional duty to know when a specialist should be utilized.
- True - Therapists have a professional duty to know when a specialist should be utilized.
TEST: make sure you know when it is prudent to refer to psychiatrist, MD
True or false
- _____Therapists have a professional duty to know when hospitalization is required.
- True - Therapists have a professional duty to know when hospitalization is required.
know when to have someone go in for their protection and others protection
True or false
- _____Authorizations to release information must include an end date.
- True - Authorizations to release information must include an end date.
True or false
- _____Therapists have an ethical professional duty to collaborate or refer to improve and protect the health and wellbeing of their client.
- True - Therapists have an ethical professional duty to collaborate or refer to improve and protect the health and wellbeing of their client.
True or false
- _____ A Tarasoff condition only exists if a client expresses a serious threat to harm an identifiable victim.
- False - A Tarasoff condition only exists if a client expresses a serious threat to harm an identifiable victim.
can also have outside information and client doesn’t have to tell you – also, if a client denies something, but therapist can tell something is up, this can warrant Tarasoff
True or false
- _____A therapist is not mandated to report consensual sex between minors when they are between the ages of 14 and 18.
- True - A therapist is not mandated to report consensual sex between minors when they are between the ages of 14 and 18.
True or false
- _____If a 16 year old is having consensual sex with her 21-year-old boyfriend, the therapist must file a child abuse report.
- False - If a 16 year old is having consensual sex with her 21-year-old boyfriend, the therapist must file a child abuse report.
True or false
- _____If a 15 year old is having consensual sex with her 21-year-old boyfriend, the therapist must file a child abuse report.
- True - If a 15 year old is having consensual sex with her 21-year-old boyfriend, the therapist must file a child abuse report.
True or false
- _____If a 13 year old is having consensual sex with her 15-year-old boyfriend, the therapist must file a child abuse report.
- True - If a 13 year old is having consensual sex with her 15-year-old boyfriend, the therapist must file a child abuse report.
if 13, can only have sex with 13 and younger