Legal or Ethical Flashcards
Legal, Ethical (or both)
Advertising
Legal and ethical: false/misleading ad’s
Ethical: Soliciting Ct’s testimonials
Ethical, Legal (or both)
Release of Information
Ethical and Legal
- Everyone 12+ should sign
- For fam tx: All family members 12+ should sign
Ethical, Legal (or both)
Business practices
Legal:
Show
- Thx license
- business license
- names of owners
Ethical, Legal (or both)
Child Abuse
Legal: mandated report
Ethical: process with Ct’s before/after report if feasible
Ethical, Legal (or both)
Confidentiality
Legal:
- HIPAA –> Provide NPP
- Maintain confidentiality unless otherwise indicated
Ethical:
- Explain limits to confidentiality
Ethical, Legal (or both)
Consultation
Ethical:
- clinical indications
- protect Ct’s ID
Ethical, Legal (or both)
Countertransference
Ethical:
- manage and seek consultation if necessary
Ethical, Legal (or both)
Dual Relationships/Conflict of Interests
Ethical
- avoid dual relationships d/t conflict of interest
- manage dual relationships if inevitable
Ethical, Legal (or both)
Diveristy
Ethical
- strive to understand cultural issues impacting clinical work
Ethical, Legal (or both)
Elder/Dependent Abuse
Legal:
- mandated report
- APS if lives at home; law enforcement if lives at a facility
Ethical
- process with Ct
Ethical, Legal (or both)
Fees
Legal:
- disclose fees
Ethical:
- disclose fee policies
- consider Ct’s financial situations
- inform Ct before using collecting agency
Ethical, Legal (or both)
Gifts
Ethical
- do not receive or give gifts that could compromise clinical integrity
- evaluate monetary values
- accept if culturally appropriate and monetary value is insignificant
Ethical, Legal (or both)
Groups
Ethical
- confidentiality not protected by law
Ethical, Legal (or both)
Danger to others
Legal:
- assess for harm
- inform law enforcement
- inform potential victims if clinically appropriate (not elevating risks)
Ethical, Legal (or both)
HIPAA
Legal:
- Compliance if communicating with Ct’s via or w/ 3rd party payers
Ethical, Legal (or both)
Informed consent
Legal:
- disclose fees
- signed for minors
- potential risks
Ethical
- limits to confidentiality
- thx background
- alternative tx
- office policies
Ethical, Legal (or both)
Insurance
Legal:
- false claims
Ethical:
- advocate for Ct
- Limits to confidentiality (audit)
Ethical, Legal (or both)
Personal Problems
Ethical
- consultation for countertransferance
- seek mental health service for personal health
- DUI can result in suspension of license
Ethical, Legal (or both)
Records
Legal
- maintain records for 7 years or until Ct is 25 years old
- Keep records locked and secure
- Never alter records
- Comply with records request appropriately
Ethical
- Keep sound records
- Do not withhold due to lack of payment
Ethical, Legal (or both)
Referral
Legal:
- Illegal to pay or receive payment for referrals
Ethical:
- Unethical to pay or receive payment for referrals
- Referral as clinically appropriate
Ethical, Legal (or both)
Scope of Competence
Ethical
- Practice only within bounds of education, training, skills; stay current with skills
Ethical, Legal (or both)
Scope of Practice
Legal:
- Must work within legally defined scope
Ethical, Legal (or both)
Self-determination
Ethical:
- Avoid advice giving
- Help Ct make their own decision
- Jointly create tx plan
Ethical, Legal (or both)
Sexual Relations
Legal:
- Must not have sexual relations w/ Ct or former Ct within 2 years after tx
Ethical:
- Includes friends/relatives of Ct
- Avoid taking on Ct who previously had sexual relations
Ethical, Legal (or both)
Standard of Care
Ethical:
- Must provide care that meets standard
