Legal Issues

Question 1

The therapist is served with a subpoena issued by a client, before the therapist can testify in court she must have

Answer 1

A signed release of information from the client waving privilege.

Question 2

what is a protective order and when would a therapist request one?

Answer 2

A protective order is a signed document issued by a judge protecting the therapist from repercussions of releasing information when the therapist is embroiled in a client’s legal situation. (Therapists will need this if they do not have a signed release.)

A protective order is especially important when the unit of treatment is the family.

Question 3

Who can consent to therapy for a minor?

Answer 3

f the parents of a child client are married, just as with any medical treatment provided to a minor, the consent of one parent should be sufficient. If the parents are separated or divorced and they have joint custody of the child, either parent may consent to treatment. However, if the parents are separated or divorced and one parent has sole custody of the child then only that parent may consent to the therapy.
https://aamft.org/Legal_Ethics/Minors_in_Therapy.aspx

Question 4

Releasing information law:

Answer 4

The AAMFT Code of Ethics 2.2 states that “marriage and family therapists do not disclose client confidences except by written authorization or waiver, or where mandated or permitted by law. Verbal authorization will not be sufficient except in emergency situations, unless prohibited by law. When providing couple, family or group treatment, the therapist does not disclose information outside the treatment context without a written authorization from each individual competent to execute a waiver.

Question 5

informed consent

Answer 5

The definition of informed consent as enunciated in litigation requires that the therapist discuss with the client the nature of the treatment to be provided, his or her theoretical orientation, the risks and benefits of using the particular treatment approach, the alternatives to the treatment approach the therapist intends to use, and what the likely results will be. Many psychotherapists have no idea that such a discussion is required. Further, many commentators, including Dr. Ken Pope, have asserted that informed consent is a process and not a one-time event, as he writes in Ethics in Psychotherapy and Counseling (Jossey Bass, 1991). Thus, the obligation to discuss informed consent issues arises at different points in the course of therapy as events progress. For example, if there is a major change in the treatment approach or if a particular technique is not working, then there would be an informed consent discussion about continuing with or changing that approach.

https://aamft.org/Legal_Ethics/Informed_Consent.aspx

Question 6

What is involved in Informed Consent

Answer 6

1. The limits of confidentiality (elder abuse, child abuse, threats to third parties, etc.)
2. The nature and extent of the therapist’s record keeping system.
3. The therapist’s title, training, experience and expertise. In addition, any areas in which the therapist is not trained.
4. The therapist’s estimate of the probable length of therapy.
5. The risks, if any, of the therapy.
6. Alternative approach.
7. The fees and billing practice.
8. The patient’s right to not use the sessions.
9. Who the patient can contact in an emergency.

Question 7

Recommended Informed Consent Policies

Answer 7

have a written form containing a description of the therapy approach the therapist typically uses, the theoretical orientation with a discussion of the possible risks, and the client’s signature. Therapists should also checklist of topics to discuss which can be checked off quickly at the beginning of therapy. He or she should also record the dates of periodic informed consent discussions. These could be scheduled for three to six months, and the same forms that were used in the initial discussion can be implemented again.