Legal v Ethical Issues Flashcards
Altering medical records
legal
Offering or accepting payment for referrals
L/E
Not treating someone whom the therapist has had a previous sexual relationship
ethical
When clt is in another location (telehealth, vacation), providing emergency resources
L/E
Informing clt’s of limits of confidentiality
ethical
avoid treatment disruptions by providing contact info, appropriate termination, and professional will
ethical
work within the MFT scope of practice
legal
not condoning or engaging in discrimination
ethical
assess and document the assessment of a client potential for committing violence (duty to protect)
legal
Inform clt or treatment unit of any potential consequences of therapist/clt role changes
ethical
Provide services that are culturally competent
ethical
Comply with HIPPA standards if a HIPPA covered entity
Legal
providing appropriate referrals when needed
ethical
Considering appropriateness of telehealth and informing clt’s of potential risks
L/E
Avoiding sexual relationship with clt or clt’s family members
L/E
Keep clinically sound medical records
L/E
Avoid dual relationship with clts and supervisees
ethical
maintain clinically sound records for 7 years or until minor clt is 25
legal
take appropriate preventive measures to averting harm to suicidal clts
L/E
not engaging in false or misleading advertising
L/E
Work jointly with clts to develop tx plans that are consistent w/ clt tx goals
ethical
not abandon or neglect clts
ethical
obtain informed consent for telemedicine
L/E
not engage in sexual relations with clts or terminate therapy in order to engage in sexual relationship
L/E
Continue therapeutic relationship only if it’s reasonably clear that a clt is benefitting
Ethical
Reporting elder abuse/neglect immediately and filing report within 2 days
legal
respect the rights of clts to make their own decisions
ethical
provide adequate information about therapy, including risks and benefits
L/E
inform clt’s of availability for emergency and contact between sessions
Ethical
Keep records locked and secured at all times
legal
not maintain therapeutic relationship solely for financial gain
ethical
obtain a signed release to share information/records
L/E
Reporting child abuse/neglect immediately and file a report within 36 hours
legal
not using professional relationship to further their own interests
ethical
avoid treating clt who is getting therpay from another therapist, except by agreement of the other provider
ethical
Educating group therapy members about confidentiality and encourage to obtain written agreement from group members
ethical
notify local law enforcement when a clt has made a specific and serious threat to an identifiable other
legal
process the need to file a child abuse report
ethical
advise clts of the information that will likely be shared to a third party payer
L/E
Consider potential conflicts when treating multiple parties of a tx unit
ethical
stive to identify and understand the diverse cultural backgrounds of clts
ethical
discuss appropriate tx alternatives
ethical
Disclose fees before onset of treatment
L/E
not submitting false tx claims to third party payers
L/E
Make efforts to understand how personal beliefs affect the process of therapy
ethical
Document tx decisions and maintain clincally sound records
L/E
Stay current with developments in the field through educational activities or clinical experience
Ethical
Maintain confidentiality except when mandated or permitted by law to break it
L/E
Manage issues of privilege when records are requested in a legal proceeding
legal
not alter dx or tx in order to get paid
Legal
store, transport, and dispose of records in ways that protect confidentiality
L/E
Provide services within scope of competence as determined by education, skills, and training
Ethical
Seek professional assistance for personal problems that interfere with performance
ethical
display license pubically in tx office
legal
inform clts of the therapist’s professional background
ethical
obtain signed authorization from every member of treatment unit who is old enough to consent to ROI
L/E
Give reasonable notice to clt’s with unpaid balances of their intent to refer to collections or sue
Ethical
Not solocit clts from therapists or encourage clts to leave their therapists
ethical
obtain informed consent of adults
L/E
Ordinarily refrain from batering for services unless it is suitable to accept barter as payment
ethical
assist colleagues who are imparied due to substance use, emotional problems, or mental illness
ethical
obtain written consent from clt to use their clinical information in a presentation
L/E
Take reasonable steps to prevent distortion or research or clinical background
ethical
disclose owners and license info if using fictitious name
legal
not solicit testimonials from clts who, due to their particular circumstances are vulnerable to undue influence
ethical
not use names that mislead the public
L/E
not financially exploit clts
ethical
articulate “secrets policy” when working with families and couples
ethical
represent themselves as an expert or having specialization only if they have the training to meet the professional standards in that speciality area
L/E
seek consultation when clinically appropriate
ethical
management office policies
ethical
obtain signed informed consent of minors
legal
management of countertransference
ethical
MFTs do not give or receive gifts from clts that impair the integrity or efficacy of ther therapy
ethical
disclose fees and management of fee payments
L/E
not withhold records because clt has not paid for services
L/E
accurate represent their qualifications
L/E
process the need to file and elder/dependent adult abuse report
ethical
truthfully represent clinical services rendered for payment to third party payers
L/E
Advocate for necessary services and challenge denial of payments
ethical
obtain written consent to record a session or permit third party observation
L/E
Provide necessary translation or help with communcation if it perceived that communication is not clear due to impairments or fluency issues
ethical
provide the BBS brochure “therapy never includes sexual behavior” to any adult clt who reports sex with prior therapist
legal
Not exert undue influence on the choice of treatment based on their own values/beliefs
ethical
