Legal v. Ethical Flashcards
Scope of Practice
Legal
Advertising Disclosures
Legal
Privilege - client’s legal right to prevent their therapist from disclosing information shared during therapy in a legal proceeding (like court). It’s about who controls the release of information.
Legal
Minor’s Consent
Legal
Involuntary Hospitalization - placing someone in a psychiatric facility against their will when certain legal criteria are met; person poses a serious risk to themselves or others due to a mental illness, and refuses or is unable to seek help voluntarily.
Legal
Mandated reporting of Abuse
Legal
HIPAA - protecting client’s health information
Legal
Professional Therapy Never Includes Sex
Legal
Retaining Records for 7 yrs; releasing records
Legal
Scope of Competence - only providing services that you’re trained and qualified to offer; duty to protect clients from harm by not working outside scope of competence
Ethical
Pro Bono Work - offering services for free or at a reduced fee
Ethical
Cultural Awareness
Ethical
Cultural Awareness Definiton
Cultural awareness means recognizing, respecting, and understanding the values, beliefs, practices, and experiences that come from a client’s cultural background — including race, ethnicity, religion, language, gender identity, sexual orientation, ability, socioeconomic status, and more.
It also means being aware of your own cultural lens and biases — and how these impact your clinical work.
Informed Consent - ongoing process that reflects your commitment to client autonomy, transparency, and respect.
Ethical
What Should Be Included in Informed Consent?
Nature and goals of therapy
Therapist’s qualifications and approach
Confidentiality and its limits (e.g., danger to self/others, mandated reporting)
Risks and benefits of therapy
Client rights (e.g., to stop therapy, to ask questions)
Fees, payment policies, and cancellation
Use of technology or telehealth (if applicable)
Supervision, recording, or consultation (if applicable
No Client Can Really Feel Safe
N – Nature of treatment
What therapy involves, goals, methods, expected course
C – Confidentiality and its limits
When you may be legally or ethically required to break confidentiality (e.g., harm to self/others, abuse)
C – Competence and qualifications
Your licensure, training, and supervision (if applicable)
R – Risks and benefits
Potential emotional discomfort, outcomes, and possible benefits
F – Fees and financial policies
Cost per session, cancellations, insurance info, late fees
S – Services and client rights
Right to withdraw, ask questions, file a complaint, receive referrals, etc.
Disclosing limits of Confidentiality
Ethical
At the start of therapy; telling clients when you might break confidentiality
Disclosing limits of Confidentiality
Other Dual Relationships
Ethical
Disposing of Records Securely
Ethical
Non-abandonment
Ethical - ensure that clients are not left without adequate care or resources when treatment ends
Required by law (especially HIPAA) and ethically necessary for autonomy and transparency.
Informed Consent
Legally mandated to disclose in certain situations and ethically part of client trust.
Limits of Confidentiality
Legal duty to report; ethically tied to protecting vulnerable populations.
Mandated Reporting of Abuse
Legally must avoid false/misleading claims; ethically about honesty and competence.
Advertising Accuracy
Legally bound to practice within your license; ethically obligated to avoid harm.
Scope of Competence
Legal implications if harm occurs; ethical duty to provide continuity of care.
Non-Abandonment
Federal law; also aligns with ethical duty to protect client confidentiality.
HIPAA (Privacy & Security)
Legal process; ethically requires careful consideration of client rights and well-being.
Involuntary Hospitalization
Ethically central to competent care; can have legal implications if discrimination occurs.
Cultural Awareness
