Legal Ethical Flashcards
Advertising
Legal (no false or misleading) and ethical (no false or misleading, avoid/correct misleading/incorrect info, do not solicit testimonials)
Authorization to share information
Legal - anyone over 12 signs
Ethical - all members of tx unit 12+
Business practice
Legal only. Post license, disclose owners name and license of business
Child abuse
Legal only. But best BBS likes you to process need to report with client
Confidentiality
Legal - hipaa provide NPI, maintain confidentiality except when mandated
Ethical - inform of limits, maintain unless mandated or permitted to break
Consultation
Ethical - done when clinically indicated. Protect identity of client
Countertransference
Ethical - manage it, seek consultation when problematic
Dual relationship/conflict of interest
Ethical - avoid dual relationships bc of potential conflict of interest. Manage unavoidable dual relationships
Diversity
Ethical - understand cultural factors affecting clinical issues
Elder/dependent abuse
Legal - mandated report if reasonable suspicion. Report to appropriate agency
Ethical - no, but BBS likes if you process need to report with client
Fees
Legal - disclose fees
Ethical - manage fees; disclose fee policies; alert client before using collections; consider ability to pay for services
Gifts
Ethical - do not give gifts that could compromise integrity of therapy; consider monetary value and clinical significance
Groups
Ethical - discuss issue of confidentiality
Harm to others
Legal - assess for harm; notify police if there is imminent plan; possibly notify victim if clinically appropriate
HIPAA
Legal - comply with HIPAA when electronically communicating with 3rd party payors
Informed consent - legal
Legal - disclose fees; signed for minor; if fictitious business name, name and license of owner; technology utilization; license status; license number; NPP if HIPAA covered; notice where complaints can be filed
Informed consent - ethical
Alternate treatments; office policies; limits of confidentiality; therapist background
Insurance
Legal - illegal to submit false claims; advise patients of info that will likely be disclosed to 3rd party payor
Ethical - advocate if needed services are denied; advise client that info would be shared w/ insurance; avoid false claims
Issues with other therapists
Ethical - support when compromised; do not see a client who is being treated by another therapist; do not solicit clients from other therapists
Personal problems
Ethical - seek professional help
Privilege
Legal - only applies to legal situations; notify client for subpoena; asset privilege
Ethical - inform client of potential risks of waiving privilege
Records
Legal - Maintain sound records for 7
years or until minor is 25; Keep
records locked and secure; Comply
with record requests appropriately;
Never alter records
Ethical - Maintain sound records; Do not
withhold for lack of payment; Protect
client records
Referral
Legal - illegal to accept payments for referrals
Ethical - Unethical to pay or receive payments for referrals; Provide clinically appropriate referrals
Scope of competence
Ethical - Should only work within bounds of
education, skills, and training; Stay current
with skills
Scope of practice
Legal - Must work within legally defined
scope
Self Determination
Avoid advice giving; Support client to
make own decisions; Jointly create
treatment plan
Sexual Relations
Legal - Illegal to have sexual contact
during therapy and for 2 years
following; Must provide brochure if
adult client discloses sexual activity
with past therapist
Ethical - Also includes sexual relationships with relatives/friends of client; Avoid
treating someone with whom you’ve had a previous sexual relationship
Standard of care
Legal - Legally, therapist must provide care that meets standards
Ethical - no, but ethical standards contribute to Standard of Care
Suicide
Legal - Meet standard of care; Assess; Intervene according to level of risk
Ethical - Addressing overall well-being of client
Telehealth - legal
Obtain informed consent; Follow
jurisdictional laws (client’s location);
Provide license number; Document
efforts to obtain local resources in
case of emergency; Each session
determine if telehealth is appropriate for client
Telehealth - ethical
Provide appropriate resources in case of emergency; Determine that
technologically–assisted services are
appropriate for clients; Inform clients of the potential risks and limitations associated with telehealth; Ensure security
of communication; Follow jurisdictional laws (client’s location)
Termination
Not legal - but should avoid abandonment
Ethical - Terminate when client is no longer benefiting; Provide referrals for premature termination; Maintain professional will
Treating minors
Legal - Comply with consent laws; Can deny parents access to records if harmful to patient or treatment
Not ethical - But should manage issues of confidentiality
Treating Multiple People in Treatment Unit
Ethical - Should consider and discuss risks/conflicts of interest; Review informed consent for new treatment unit; Discuss “secrets” policies
