Law & Ethics Final

Question 1

1. Procedures to do if you receive a subpoena (handout)

Answer 1

1. Evaluate Validity- follows CA law?
2. contact client- waive or invoke privilege?- get waiver in writing, or get atty advice; ask to be released if privilege invoked
3. if unsure, invoke privilege, let judge squash or order you to testify

Question 2

2. How long to keep files

Answer 2

7 by law, 10 better because of sexual misconduct

Question 3

3. types of abandonment

Answer 3

1. terminate without notice
2. without regard to patient’s condition (in crisis?)
3. without adequate plan for continued tx plan (referral)
4. in retaliation (mad at client)

Question 4

4. Issues of termination

Answer 4

Use clinical judgment when to terminate

1. Pt is not benefitting
2. client is resistant (late, drunk, hostile)
3. ethical issue/therapy not in client’s best interest
   - we have obligation to provide consistent, undisruptive care, must have professional will
   - try fading, give notice

Question 5

5. Advertisement dos and don’ts vignette

Answer 5

1. ad must be true and accurate, not false, misleading or deceptive
2. cannot say “licensed psychotherapist”, no such thing- “licensed MFT”
3. have to write license/registration #
4. if you are a trainee, have to say “Intern”, who you’re supervised by, their license#, info
5. use of photograph/model, not okay
6. Fees- must be accurate & exact, not $49 & up… or $49 plus fees…
7. you cannot make claims about superiority (best tx for depression in HumCo!), unless you have evidence
8. Cannot pay for publicity that is not obvious (ie- ask my friend Jim who works at the paper to do an article on my practice)
   - violation is a misdemeanor, good cause for suspension or revocation of license

Okay in advertisement

1. practice name, info, office hours, languages spoken, what insurances you take,
2. degrees received, statement of publications, statement of teaching positions currently/formerly held,
3. affiliation with hospitals/privileges,
4. statement of charges of fees/services, statement of installment plans, etc., sliding fee scale available

• Fictitious business names- must be registered with the county, must not mislead
• Use degree letters as long as degree is earned, and relevant to the license (not dr kristin if my PhD is in biology)
• can’t use psychological terms (ie psychologist) unless we are one. Exception: psychotherapy okay- if media calls you a psychologist, you must correct them
• testimonials of past/current clients not okay to ask for- legally okay, but unethical
• Can use your CAMFT membership in advertisement, but must say if you are licensed or intern, can’t make it look like CAMFT are initials of a degree, don’t use it to look like approval by CAMFT- you are a CAMFT member in good standing/not, not CAMFT approved
• Can use CAMFT logo only after receiving written permission by organization
• In person solicitation- No! Not okay! Legal, but highly unethical to elicit testimonial in person

Question 6

6. 5 principles of accepting gifts (all 5)

Answer 6

1. promotes rather than endangers client welfare
2. does not compromise therapist objectivity
3. small monetary value (less than $20)
4. consistent with client cultural norms
5. it is a rare event

Question 7

7. 3 courses of action against therapists

Answer 7

civil lawsuit
complaint to BBS
complaint to professional organization (CAMFT)
Can be interaction among the 3- lawsuits over 10K, board is notified, renew license every 2 years, have to say if you’ve been convicted of felony- biggest issue is DUI’s

Question 8

8. issues of sex with client- what do you do?

Answer 8

6mo jail + $1K (1 act), more than 1 person- 16mo +10K

• another therapist
• provide brochure to client, delineates the rights available
• review options with client (sue, notify BBS, Camft)
• do not influence decision in any direction

Question 9

9. general stuff on bartering

Answer 9

we are discouraged from bartering by CAMFT (9.5), often lead to conflicts/distortion of relationship, must not be exploitive, increase self-disclosure- better to see them pro-bono, encourage them to sell wares, use $$ to pay you

Question 10

10. general stuff on request for records

Answer 10

1. Psychotherapy notes are separate notes
2. Keep records stored by lock and key
3. Don’t take records with you and transfer them if you can help it.
4. If a client asks you for their records, ask them why they want a copy; what are they going to do with it.
   Refusal: If you refuse to give the copies to the client, you have to tell them that they are allowed to give me a written statement saying that they want another license professional to view them
   The client can choose
   The other professional is not allowed to show the records to the client, but can talk to them about it.
5. Test Question: Just because they didn’t pay the bill does not give you the right to deny them records.
   $500: MMPI and Rorschach, and a lot of other assessments done and a large write-up is done interpreting the assessment.

Question 11

11. 4 d’s of lawsuits

Answer 11

1. Dereliction (reasonable, within sop)
2. Duty (legal relationship gives rise to a duty)
3. Directly Causing (damages)
4. Damages (suffered harm)
   Lawsuit must prove all four or no case against you

Question 12

12. 3 things you always should do to avoid lawsuits

Answer 12

document, consult & know/follow sop

Question 13

13. Ethics on public statements

Answer 13

• Public Statements, ie psychological comment on issue, okay as long as you don’t:
  
  • misrepresent your credentials or allow them to misrepresent you
  • make claims not supported by evidence (if you have SAD, you should get light therapy- instead “some people treat it with light therapy)
  • Make claims about a case based on cursory understanding
  • attempting to do therapy rather than education- don’t mix therapy and entertainment
  • cannot dx people who you have not treated- cannot guess