Legal vs Ethical

Question 1

Advertising

Answer 1

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

Question 2

Authorization to share information

Answer 2

Both: Anyone 12+ should sign release of info

Question 3

Business Practices such as including license type and #, business owner’s name and type of business

Answer 3

legal: you must Post license; Disclose owner’s name and license of business

Question 4

Child Abuse

Answer 4

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

Question 5

Confidentiality

Answer 5

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

Question 6

Consultation

Answer 6

Ethical: Should be done when clinically indicated; protect identity of client

Question 7

Countertransference

Answer 7

Ethical: Manage it; Seek consultation when problematic

Question 8

Dual Relationships/ Conflict of Interests

Answer 8

Ethical : Avoid dual relationships because of potential conflict of interest; Manage
unavoidable dual relationships

Question 9

Diversity

Answer 9

Ethical: Understand cultural factors affecting clinical issues

Question 10

Elder/Dependent Abuse

Answer 10

Lega: Mandated report if reasonable suspicion; Report to appropriate agency

Ethical: no, but BBS likes you to process need to report with client

Question 11

Fees

Answer 11

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

Question 12

Gifts

Answer 12

Ethical: Do not give or receive gifts that could compromise integrity of therapy; Consider monetary value and clinical significance

Question 13

Groups

Answer 13

Ethical: Discuss issues of confidentiality

Question 14

Harm to others

Answer 14

Legal: Assess for harm; Notify Police if there is imminent plan; Possibly notify victim if clinically appropriate

Question 15

HIPAA

Answer 15

Legal: Comply with HIPAA when electronically communicating with 3rd party payers

Question 16

Informed Consent

Answer 16

Both
Legal: Disclose Fees; Signed for Minor; Potential Risks

Ethical: Alternate treatments; office policies; limits of confidentiality; therapist background

Question 17

Insurance

Answer 17

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

Question 18

Issues with other
therapists

Answer 18

Ethical: Support when compromised; Do not see a client who is being treated by another therapist; Do not solicit clients from other therapists

Question 19

Personal Problems

Answer 19

Ethical: Seek professional help for mental health/substance abuse issues. (DUI can result in suspension of license)

Question 20

Privilege

Answer 20

Both

Legal: Only applies to legal situations; Notify client of subpoena; Assert privilege

Ethical: should inform client of potential risks of waiving privilege

Question 21

Records

Answer 21

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

Question 22

Referral

Answer 22

Both

Legal: Illegal to pay or receive payments for referrals

Ethical : Unethical to pay or receive payments for referrals; Provide clinically appropriate referrals

Question 23

Scope of Competence

Answer 23

Ethical: Should only work within bounds of education, skills and training; stay current with skills

Question 24

Scope of Practice

Answer 24

Legal: Must work within legally defined scope

Question 25

Self Determination

Answer 25

Ethical: Avoid advice giving; support client to make own decisions; Jointly create treatment plan

Question 26

Sexual Relations

Answer 26

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

Question 27

Standard of Care

Answer 27

Legal
Legally, therapist must provide care that meets standards

Ethical– ethical standards contribute to Standard of Care (not actually an ethical issue)

Question 28

Suicide

Answer 28

Both

Legal: Meet standard of care; Assess; Intervene according to level of risk

Ethical: Addressing overall well-being of client

Question 29

Telehealth

Answer 29

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)

Question 30

Termination

Answer 30

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

Question 31

Treating multiple
people in treatment unit

Answer 31

Ethical: Should consider and discuss
risks/conflicts of interest; Review informed consent for new treatment unit; Discuss “secrets” policies