Legal Ethical

Question 1

Advertising

Answer 1

Legal (no false or misleading) and ethical (no false or misleading, avoid/correct misleading/incorrect info, do not solicit testimonials)

Question 2

Authorization to share information

Answer 2

Legal - anyone over 12 signs
Ethical - all members of tx unit 12+

Question 3

Business practice

Answer 3

Legal only. Post license, disclose owners name and license of business

Question 4

Child abuse

Answer 4

Legal only. But best BBS likes you to process need to report with client

Question 5

Confidentiality

Answer 5

Legal - hipaa provide NPI, maintain confidentiality except when mandated
Ethical - inform of limits, maintain unless mandated or permitted to break

Question 6

Consultation

Answer 6

Ethical - done when clinically indicated. Protect identity of client

Question 7

Countertransference

Answer 7

Ethical - manage it, seek consultation when problematic

Question 8

Dual relationship/conflict of interest

Answer 8

Ethical - avoid dual relationships bc of potential conflict of interest. Manage unavoidable dual relationships

Question 9

Diversity

Answer 9

Ethical - understand cultural factors affecting clinical issues

Question 10

Elder/dependent abuse

Answer 10

Legal - mandated report if reasonable suspicion. Report to appropriate agency
Ethical - no, but BBS likes if you process need to report with client

Question 11

Fees

Answer 11

Legal - disclose fees
Ethical - manage fees; disclose fee policies; alert client before using collections; consider ability to pay for services

Question 12

Gifts

Answer 12

Ethical - do not give gifts that could compromise integrity of therapy; consider monetary value and clinical significance

Question 13

Groups

Answer 13

Ethical - discuss issue of confidentiality

Question 14

Harm to others

Answer 14

Legal - assess for harm; notify police if there is imminent plan; possibly notify victim if clinically appropriate

Question 15

HIPAA

Answer 15

Legal - comply with HIPAA when electronically communicating with 3rd party payors

Question 16

Informed consent - legal

Answer 16

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

Question 17

Informed consent - ethical

Answer 17

Alternate treatments; office policies; limits of confidentiality; therapist background

Question 18

Insurance

Answer 18

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

Question 19

Issues with other therapists

Answer 19

Ethical - support when compromised; do not see a client who is being treated by another therapist; do not solicit clients from other therapists

Question 20

Personal problems

Answer 20

Ethical - seek professional help

Question 21

Privilege

Answer 21

Legal - only applies to legal situations; notify client for subpoena; asset privilege
Ethical - inform client of potential risks of waiving privilege

Question 22

Records

Answer 22

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

Question 23

Referral

Answer 23

Legal - illegal to accept payments for referrals
Ethical - Unethical to pay or receive payments for referrals; Provide clinically appropriate referrals

Question 24

Scope of competence

Answer 24

Ethical - Should only work within bounds of
education, skills, and training; Stay current
with skills

Question 25

Scope of practice

Answer 25

Legal - Must work within legally defined scope

Question 26

Self Determination

Answer 26

Avoid advice giving; Support client to make own decisions; Jointly create treatment plan

Question 27

Sexual Relations

Answer 27

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

Question 28

Standard of care

Answer 28

Legal - Legally, therapist must provide care that meets standards Ethical - no, but ethical standards contribute to Standard of Care

Question 29

Suicide

Answer 29

Legal - Meet standard of care; Assess; Intervene according to level of risk Ethical - Addressing overall well-being of client

Question 30

Telehealth - legal

Answer 30

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

Question 31

Telehealth - ethical

Answer 31

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)

Question 32

Termination

Answer 32

Not legal - but should avoid abandonment Ethical - Terminate when client is no longer benefiting; Provide referrals for premature termination; Maintain professional will

Question 33

Treating minors

Answer 33

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

Question 34

Treating Multiple People in Treatment Unit

Answer 34

Ethical - Should consider and discuss risks/conflicts of interest; Review informed consent for new treatment unit; Discuss “secrets” policies