Law & Ethics Midterm

Question 1

Difference Between Law & Ethics

Answer 1

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

Question 2

4 types of laws

Answer 2

constitutional, 
statutory (legislature), 
regulatory (written by agencies- how many hours of ceu’s, which classes qualify), 
case law (body of legal decisions, dictate action)

Question 3

Purposes of Ethical Codes:

Answer 3

1. protects institution from govt legislation
2. protects professon from self destruction from internal dischord
3. protects you from lawsuits (followed SOP)

Question 4

Difference between scope of practice/area of competency

Answer 4

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)

Question 5

3 things you should do:

Answer 5

-follow standard of practice, document, consult

Question 6

Limits of Competency

Answer 6

1. type of disorder- eating disorders, psychosis, experience with, etc
2. Type of client- ethnic background, age
3. Type of Intervention- hypnosis, sex therapy (must be relevant)
4. Testing and assessment- outside of your training ???
5. Personal issues- countertransference, anything that might get in the way, impairments you have

Question 7

Legal Requirements of IC

Answer 7

1. Client has capacity/ability to make informed consent (not psychotic, mentally handicapped, etc)
2. Comprehension of Information- most consent forms are written at a grad school level
3. Voluntary participants (acting freely)

Question 8

What should be on an informed consent?

Answer 8

1. Signature and Date
2. Statement affirming understanding and agreement
3. Right to withdraw
4. Limits of Confidentiality (child/elder/dependent adult abuse, harm to self/others)
5. counselor’s training and status (supervisor’s info)
6. emergency contact info/therapist availability after hours?
7. fees- also insurance issues
8. risks and benefits
9. consent for recording if applicable
10. termination issues
11. fictitious/false business name
12. Statement encouraging questions

Question 9

Difference between Privilege & Confidentiality (+3 important aspects/ to Confidentiality)

Answer 9

1. Privilege- legal, client holds, applies to court
2. 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

Question 10

Exceptions to Privilege

Answer 10

1. If patient opens the door by talking about mental health
2. If therapist is sought for criminal planning
3. if client is suing therapist or vice versa
4. If there’s an insanity plea
5. 1024- danger to self or others
6. Client competency trial
7. Client is under 16yo and it’s in their best interest to disclose

Question 11

What elements are involved in an ethical complete release of info?

Answer 11

1. Hand written by person who signs it or 14+point font
2. separate from other forms
3. signed and dated
4. limitations of info to be released are included
5. who sends the info
6. who receives the info
7. limitations on the use of the information by the person getting it
   8 a specific end date
8. advises client they can get a copy

Question 12

Minor- Ind. under 18, exceptions:

Answer 12

1. married
2. Active duty in armed forces
3. declared by court as emancipated minor

Question 13

Emancipated Minor Qualifications

Answer 13

1. 14yo
2. willingly lives separate from parents with consent/acquiescence from parents
3. managing own finances
4. source of income is not criminal

Question 14

If a kid 12-17 comes to you:

Answer 14

• 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

Question 15

Dependent of the court

Answer 15

1. kid has suffered non accidental serious physical harm at hands of parents
2. or kid has suffered harm through parents’ noninterference
3. commercially sexually exploited
4. serious emotional damage at hands of parents (or by their noninterference)
5. Sexually abused by parents/noninterference
6. Parent has caused death (or abuse/neglect) of another child through abuse/neglect
7. abandoned/left for adoption
8. Poverty/disability not a reason in themselves

Question 16

Ward of the Court

Answer 16

-Kid fucked up- 601/602

Question 17

In which circumstances are you mandated to report abuse?

Answer 17

• in professional capacity only/scope of employment
• child abuse (suspected)/elder abuse
• manager cannot impede report

Question 18

When (timeframe) do you report abuse?

Answer 18

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

Question 19

Don’t have to report abuse if:

Answer 19

1. reported by elder- no one’s seen it and no evidence
2. mentally ill/dementia
3. trained prof reasonably believes abuse did not occur

Question 20

Always do these three things

Answer 20

1. Document
2. Consult
3. Follow the S of P

Question 21

Opt out of reporting abuse?

Answer 21

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

Question 22

Ca Civil Code 43.92- Law guided by Tarasoff Case Decision

Answer 22

1. Duty apply to “psychotherapists”
   
   2. Not subject to monetary liability for failing to warn unless:
   3. Duty is to warn, protect and predict to some extent
   4. If:Patient/third party has communicated to psychotherapist a serious threat of physical violence against a reasonably identifiable victim/victims
   5. psychotherapist makes reasonable effort to communicate threat to victim & police

Question 23

Suicide Hold

Answer 23

• up to 72 hr hold until they are not thinking of self-harm and have a contract for tx

Question 24

5150 can be signed by

Answer 24

board certified psychiatrist,
licensed members of county mental health,
peace officers,
ER doc on duty

Question 25

Are MFT’s mandatory reporters for suicide?

Answer 25

MFT’s not mandated to report suicide, but may break confidentiality (5150, 1024)

Question 26

Evidence Code 1024

Answer 26

• an exception to privilege, no privilege if patient is a risk to self/others

Question 27

W&I 5150

Answer 27

• Danger to self/others, gravely disabled

- signed by peace officer, ER doc, Board certified psychiatrist, licensed member of county mental health