Legal Ethical Or Both (Category Only) Flashcards
Advertising
Both
Both- false or misleading advertising
(Ethical - avoid/ correct misleading claims. Do not solicit testimonials)
Authorization to share info
Both
Anyone 12+ should sign release
Bussiness Practice
Legal
post license, disclose owner name and license of bussiness
Child/Dependent Abuse
LEGAL Only
(Mandated report )
*But ethically could process…
Confidentiality
BOTH
(Maintain except when mandated )
*HIPPA is legal component …
Consultation
Ethical
Countertransference
Ethical
Dual Rel/Conflict of Interest
Ethical
Diversity
Ethical
Elder/Dependent Abuse
LEGAL Only
(Mandated)
*But ethically could process..
Fees
Both
Disclose fees
(Ethical component - Manage fees; consider ability to pay and alert before involving collections )
Gifts
Ethical
Groups
Ethical
Harm to Others
Legal
HIPPA
Legal
Informed consent
Both
(Legal = disclose fees, signature if there’s a minor, potential risks)
(Ethical = alternate treatments, therapist background, office policies, limits* of conf. )
Insurance
Both
(Both = no false claims; advise what will be shared with 3rd party payers )
(Ethical = Advocate ! if insurance denied )
Issues with other therapists
Ethical
Personal problems
Ethical
Priviledge
Both
```
Legal = inform of subpoena and assert priviledge
(Ethical = inform risks of waiving priviledge)
~~~
Records
Both
Maintain sound records
(Legal = records must be locked; keep for 7 years (or until turn 25); don’t alter records; comply with requests )
(Ethical = do not withhold for lack of payment, protect client records)
Referral
Both
Cannot pay or recieve payments for referrals
(Ethical = provide clinically sound referrals )
Scope of practice
Legal
Self determination
Ethical
Sexual relations
Both
(Legal = two year rule; give BBS brochure to clients who have exp)
(Ethical = no treating someone from a previous sexual rel, no sex with clients friend or family )
Standard of care
Both
Suicide
Both
(Legal = meet standard of care for assessment; intervene according to level of risk )
(Ethical = address overall well being )
Termination
Ethical
(No legal obligations just avoid abandoning )
Ethical - provide referals if premature termination ; terminate I’d no longer benefitting
Treating minors
Legal
Nothing ethical just comply with confidentiality
Telehealth
BOTH
(Both = inform of risk and limitations and follow jurisdictional laws based on their location; determine each session if appropriate for client )
(Legal = give license number ; document effort to connect to local resources )
(Ethical =provide appropriate resources in case of emergency)
