Law & Ethics Final COPY

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

When/How/Why to Terminate Therapy

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)

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

11. 4 d’s of lawsuits

Answer 10

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 11

12. 3 things you always should do to avoid lawsuits

Answer 11

document, consult & know/follow sop

Question 12

Ethics on public statements (comment on issues in public)

Answer 12

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