Law & Ethics Midterm Flashcards
Difference Between Law & Ethics
Ethics- deals with code/standards/ideas -voluntary -written by association, not state -standard of practice (what a similar person would do reasonably) -what you “ought” to do Law- Involuntary - punishment- jail, \$\$, license -created by legislator
4 types of laws
constitutional, statutory (legislature), regulatory (written by agencies- how many hours of ceu’s, which classes qualify), case law (body of legal decisions, dictate action)
Purposes of Ethical Codes:
- protects institution from govt legislation
- protects professon from self destruction from internal dischord
- protects you from lawsuits (followed SOP)
Difference between scope of practice/area of competency
SOP- legal description of what you can/cannot do according to your license- entire profession (we should be focusing on relationships- can do assessment, but only on clients, and only to improve relationships, and only in AOC)
AOC- what you should/should not do based on experience & training (individual)
3 things you should do:
-follow standard of practice, document, consult
Limits of Competency
- type of disorder- eating disorders, psychosis, experience with, etc
- Type of client- ethnic background, age
- Type of Intervention- hypnosis, sex therapy (must be relevant)
- Testing and assessment- outside of your training ???
- Personal issues- countertransference, anything that might get in the way, impairments you have
Legal Requirements of IC
- Client has capacity/ability to make informed consent (not psychotic, mentally handicapped, etc)
- Comprehension of Information- most consent forms are written at a grad school level
- Voluntary participants (acting freely)
What should be on an informed consent?
- Signature and Date
- Statement affirming understanding and agreement
- Right to withdraw
- Limits of Confidentiality (child/elder/dependent adult abuse, harm to self/others)
- counselor’s training and status (supervisor’s info)
- emergency contact info/therapist availability after hours?
- fees- also insurance issues
- risks and benefits
- consent for recording if applicable
- termination issues
- fictitious/false business name
- Statement encouraging questions
Difference between Privilege & Confidentiality (+3 important aspects/ to Confidentiality)
- Privilege- legal, client holds, applies to court
- Confidentiality- your legal/ethical obligation to keep secrets, duty of the therapist
- Goes on after death
- No Secrets policy
- Group therapy- no privilege between group members
Exceptions to Privilege
- If patient opens the door by talking about mental health
- If therapist is sought for criminal planning
- if client is suing therapist or vice versa
- If there’s an insanity plea
- 1024- danger to self or others
- Client competency trial
- Client is under 16yo and it’s in their best interest to disclose
What elements are involved in an ethical complete release of info?
- Hand written by person who signs it or 14+point font
- separate from other forms
- signed and dated
- limitations of info to be released are included
- who sends the info
- who receives the info
- limitations on the use of the information by the person getting it
8 a specific end date - advises client they can get a copy
Minor- Ind. under 18, exceptions:
- married
- Active duty in armed forces
- declared by court as emancipated minor
Emancipated Minor Qualifications
- 14yo
- willingly lives separate from parents with consent/acquiescence from parents
- managing own finances
- source of income is not criminal
If a kid 12-17 comes to you:
- Talk to the minor first
- Treatment shall involve involvement of parent or guardian unless therapist determines the involved would be inappropriate
- Therapist has in client record whether and when the person attempted to contact the parent or guardian.
- The parent is not liable for payment unless they consented
Dependent of the court
- kid has suffered non accidental serious physical harm at hands of parents
- or kid has suffered harm through parents’ noninterference
- commercially sexually exploited
- serious emotional damage at hands of parents (or by their noninterference)
- Sexually abused by parents/noninterference
- Parent has caused death (or abuse/neglect) of another child through abuse/neglect
- abandoned/left for adoption
- Poverty/disability not a reason in themselves
Ward of the Court
-Kid fucked up- 601/602
In which circumstances are you mandated to report abuse?
- in professional capacity only/scope of employment
- child abuse (suspected)/elder abuse
- manager cannot impede report
When (timeframe) do you report abuse?
Kids- immediately, written in 36 hours
Fail to report- lose license, $1K, 6mos in jail
Elder/DA- ASAP, written in 2 working days
FTR- license, 6mos jail, 1K fine, 5K/1year if person dies or comes to great bodily injury due to FTR, if elder is in facility, report to ombudsman
Don’t have to report abuse if:
- reported by elder- no one’s seen it and no evidence
- mentally ill/dementia
- trained prof reasonably believes abuse did not occur
Always do these three things
- Document
- Consult
- Follow the S of P
Opt out of reporting abuse?
Child abuse must be reported, elder/DA may refuse consent to investigation if no penal code was broken- if elder can’t consent, must establish conservator
Ca Civil Code 43.92- Law guided by Tarasoff Case Decision
- Duty apply to “psychotherapists”
- Not subject to monetary liability for failing to warn unless:
- Duty is to warn, protect and predict to some extent
- If:Patient/third party has communicated to psychotherapist a serious threat of physical violence against a reasonably identifiable victim/victims
- psychotherapist makes reasonable effort to communicate threat to victim & police
Suicide Hold
- up to 72 hr hold until they are not thinking of self-harm and have a contract for tx
5150 can be signed by
board certified psychiatrist,
licensed members of county mental health,
peace officers,
ER doc on duty
Are MFT’s mandatory reporters for suicide?
MFT’s not mandated to report suicide, but may break confidentiality (5150, 1024)
Evidence Code 1024
- an exception to privilege, no privilege if patient is a risk to self/others
W&I 5150
- Danger to self/others, gravely disabled
- signed by peace officer, ER doc, Board certified psychiatrist, licensed member of county mental health
