Legal vs Ethical Flashcards
Advertising
Both
Legal: Do not engage in false or misleading advertising
Ethical: Avoid false/misleading advertising; Avoid/correct misleading claims and info; Do not solicit testimonials from clients
Authorization to share information
Both: Anyone 12+ should sign release of info
Business Practices such as including license type and #, business owner’s name and type of business
legal: you must Post license; Disclose owner’s name and license of business
Child Abuse
Both
Legal: HIPAA – provide NPP; maintain confidentiality except when mandated or permitted to break it
Ethical: inform of limits; maintain confidentiality except when mandated or permitted to break it
Confidentiality
Both
Legal: HIPAA – provide NPP; maintain confidentiality except when mandated or permitted to break it
No
Ethical: inform of limits; maintain confidentiality except when mandated or permitted to break it
Consultation
Ethical: Should be done when clinically indicated; protect identity of client
Countertransference
Ethical: Manage it; Seek consultation when problematic
Dual Relationships/ Conflict of Interests
Ethical : Avoid dual relationships because of potential conflict of interest; Manage
unavoidable dual relationships
Diversity
Ethical: Understand cultural factors affecting clinical issues
Elder/Dependent Abuse
Lega: Mandated report if reasonable suspicion; Report to appropriate agency
Ethical: no, but BBS likes you to process need to report with client
Fees
Both
Legal: Disclose fees before onset of therapy
Ethical: Manage fees; Disclose fee policies; Alert client before using collections; Consider ability to pay for services
Gifts
Ethical: Do not give or receive gifts that could compromise integrity of therapy; Consider monetary value and clinical significance
Groups
Ethical: Discuss issues of confidentiality
Harm to others
Legal: Assess for harm; Notify Police if there is imminent plan; Possibly notify victim if clinically appropriate
HIPAA
Legal: Comply with HIPAA when electronically communicating with 3rd party payers
Informed Consent
Both
Legal: Disclose Fees; Signed for Minor; Potential Risks
Ethical: Alternate treatments; office policies; limits of confidentiality; therapist background
Insurance
Both
Illegal to submit false claims, Advise patients of info that will likely be
Ethical: Advocate if needed services are denied; Advise client that information would be shared with insurance; Avoid false claims
Issues with other
therapists
Ethical: Support when compromised; Do not see a client who is being treated by another therapist; Do not solicit clients from other therapists
Personal Problems
Ethical: Seek professional help for mental health/substance abuse issues. (DUI can result in suspension of license)
Privilege
Both
Legal: Only applies to legal situations; Notify client of subpoena; Assert privilege
Ethical: should inform client of potential risks of waiving privilege
Records
Both
Legal: Maintain sound records for 7 years or until minor is 25; Keep records locked and secure; Comply with record requests appropriately; Never alter records
Ethical: Maintain sound records; do not withhold for lack of payment; protect client records
Referral
Both
Legal: Illegal to pay or receive payments for referrals
Ethical : Unethical to pay or receive payments for referrals; Provide clinically appropriate referrals
Scope of Competence
Ethical: Should only work within bounds of education, skills and training; stay current with skills
Scope of Practice
Legal: Must work within legally defined scope
Self Determination
Ethical: Avoid advice giving; support client to make own decisions; Jointly create treatment plan
Sexual Relations
Both
Legal: Illegal to have sexual contact during therapy and for 2 years following; Must provide brochure if adult client discloses sexual activity with past therapist
Ethical: Also includes sexual relationships with relatives/friends of client; Avoid treating someone with whom you’ve had a previous sexual relationship
Standard of Care
Legal
Legally, therapist must provide care that meets standards
Ethical– ethical standards contribute to Standard of Care (not actually an ethical issue)
Suicide
Both
Legal: Meet standard of care; Assess; Intervene according to level of risk
Ethical: Addressing overall well-being of client
Telehealth
Both:
Legal: Obtain informed consent; follow jurisdictional laws (client’s location); provide license number; document efforts to obtain local resources in case of emergency; each session determine if telehealth is appropriate for client
Ethical: Provide appropriate resources in case of emergency; determine that technologically– assisted services are appropriate for clients; inform clients of the potential risks and limitations associated with technologically assisted services; ensure security of
communication; follow jurisdictional laws (client’s location)
Termination
Ethical:
Not a legal issue, but should avoid abandonment
Ethical: Terminate when client is no longer benefiting; Provide referrals for premature termination; Maintain professional will
Treating multiple
people in treatment unit
Ethical: Should consider and discuss
risks/conflicts of interest; Review informed consent for new treatment unit; Discuss “secrets” policies
