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CA LMFT Clinical Exam > Law and Ethics > Flashcards

Law and Ethics Flashcards

Which issues are legal, ethical or both

1
Q

Advertising

A

Legal - No false advertising
Ethical - No misleading advertising, claims, info, no soliciting reviews
No exaggerating competence

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2
Q

Authorization to Share Information

A

Legal - Anyone 12+ should sign a release
Ethical - Members of treatment unit 12+ should sign

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3
Q

Business Practices; Post License, Disclose owner’s name and license of business.

A

Legal

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4
Q

Reporting child abuse if there is a reasonable suspicion

A

Legal

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5
Q

Confidentiality

A

Legal - HIPPA, NPP, only break when mandated
Ethical - limits to, maintain unless mandated

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6
Q

Consultation when clinically indicated

A

Ethical

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7
Q

Managing Countertransference

A

Ethical

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8
Q

Avoiding dual relationships

A

Ethical

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9
Q

Understanding cultural factors

A

Ethical

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10
Q

Mandated reporting of elder abuse

A

Legal

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11
Q

Fees

A

Legal and ethical

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12
Q

Gifts

A

Ethical

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13
Q

Confidentiality in group therapy

A

Ethical

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14
Q

Notifying police when there is imminent intent to harm to others

A

Legal

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15
Q

Comply with HIPPA when communicating with third-party-payers

A

Legal

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16
Q

Informed consent

A

Legal - fees, signed for minor, license status, HIPPa etc.
Ethical - Alt. treatments, policies, limits to confidentiality, therapist background

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17
Q

Insurance

A

Legal - false claims
Ethical - Advocacy

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18
Q

Issues with other therapists

A

Ethical - support when compromised, no stealing clients, do not treat for same issue.

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19
Q

Seeking help for Personal Problems

A

Ethical

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20
Q

Privilege

A

Legal - only applies to legal situations
Ethical - Inform client about risks of waiving rights

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21
Q

Records

A

Legal - 7 years or until client is 25
Ethical - standard of practice, do not withhold.

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22
Q

Referral

A

Legal - no payment for referrals
Ethical - no payment, provide clinically appropriate

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23
Q

Scope of Comptetence

A

Ethical - stay current & in scope

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24
Q

Scope of Practice

A

Legal - stay in legally defined scope

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25
Q

Self-Determination

A

Ethical - client’s autonomy and participation in treatment plan

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26
Q

Sexual Realtions

A

Legal - illegal during + 2yrs, brochure
Ethical - avoid with those close to client, exes.

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27
Q

Standard of Care

A

Legal

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28
Q

Suicide

A

Legal - assess risk, meet standard of care
Ethical - address overall wellbeing of client

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29
Q

Telehealth

A

Legal - consent, appropriateness, document location
Ethical - resourcing, appropriateness, risk, privacy

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30
Q

Termination

A

Ethical - when a client isn’t benefitting

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31
Q

Treating Minors

A

Legal - comply with consent laws, can deny records to parents

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32
Q

Treating Multiple People in Treatment Unit

A

Ethical - risks, conflicts, secrets policy, informed consent

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33
Q

What Reporting is Mandated?

A

Physical abuse, sexual abuse, and neglect are mandated
Emotional abuse and exposure to domestic violence is optional.

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34
Q

If the client is 18 or older and the abuse occurred in childhood, should you report

A

No. Confidentiality is maintained unless there is a reasonable suspicion other minors are currently being abused.

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35
Q

Should I report if a child is taken out of state without permission?

A

No. This is considered kidnapping and the client should call law inforcement.

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36
Q

Should I report consensual sex between minors?

A

If one of the minors is less than 14 and the other is over 14, it is reportable.

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37
Q

What is the standard of care for assessing for child abuse or neglect?

A

If any risk factors are present, a therapist should assess for abuse and/or neglect

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38
Q

Should I file a report if I am not working in a professional capacity?

A

Filing a report is not mandated in this situation, but is optional.

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39
Q

Am I legally required to inform my client that I have reported?

A

It is not legally required but it is considered best practice unless it would put any party involved at risk of harm.

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40
Q

Is failure to provide medical care reportable?

A

Yes. It is considered neglect?

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41
Q

Are previous crimes reportable?

A

No. Only if they are crimes about children, dependent adults, or elders.

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42
Q

Who signs for a release of information?

A

Each participant in therapy 12 or older who is competent to do so.

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43
Q

Permitted Exceptions to Confidentiality

A

High Risk of Suicide
Grave Disability
A client or their representative signs an authorization
When billing insurance
Disclosures to parents of minors
Disclosures to other mental health providers in order to prevent harm to patients

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44
Q

What is the Duty to Protect?

A

When the client presents serious danger of violence to an identifiable other, the therapist is obligated to take steps to protect the victim, which may include:
Calling the victim(s)
Notifying the police
Voluntary or involuntary hospitalization
Medication management
Therapeutic interventions

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45
Q

What is the Duty to Report?

A

When the client makes threats of serious danger or violence to a reasonably identifiable other, the therapist is obligated to report to local law enforcement within 24 hours.

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46
Q

NOT alter medical records

A

Legal

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47
Q

NOT offer or accept payment for referrals

A

Legal and Ethical

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48
Q

NOT treat any person with whom the therapist had a previous sexual relationship.

A

Ethical

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49
Q

When client is in another location, provide local emergency resources.

A

Legal and Ethical

50
Q

Inform clients of the limits of confidentiality.

A

Legal

51
Q

Avoid treatment disruptions by providing contact info, appropriate termination, and a professional will.

A

Ethical

52
Q

Work within the MFT scope of practice

A

Legal

53
Q

NOT condone or engage in discrimination.

A

Ethical

54
Q

Assess and document the assessment of a client’s potential for committing violence (Duty to Protect)

A

Legal

55
Q

Inform client or treatment unit of any potential consequences of therapist-client role changes

A

Ethical

56
Q

Comply with HIPAA standards if a covered HIPAA entity

A

Legal

57
Q

Provide appropriate referrals if needed

A

Ethical

58
Q

Consider appropriateness of electronic therapy and inform clients of potential risks

A

Legal and Ethical

59
Q

Avoid sexual relationship with a client or client’s immediate family members

A

Legal and Ethical

60
Q

Keep clinically sound medical records

A

Legal and Ethical

61
Q

Avoid dual relationships with clients and supervisees

A

Ethical

62
Q

Maintain clinical sound medical record for 7 years or until a minor client is 25

A

Legal

63
Q

Take “appropriate preventive measures” to avert harm to suicidal clients

A

Legal and Ethical

64
Q

NOT engage in false or misleading advertising

A

Legal and Ethical

65
Q

Work jointly with clients to develop treatment plans that are consistent with client
treatment goals

A

Ethical

66
Q

NOT abandon or neglect a client

A

Ethical

67
Q

Obtain informed consent for telemedicine

A

Legal and Ethical

68
Q

NOT engage in sexual relations with clients or terminate therapy in order to engage in a
sexual relationship with clients

A

Legal and Ethical

69
Q

Continue therapeutic relationship only if it’s reasonably clear the client is benefiting

A

Ethical

70
Q

Report suspected elder abuse/neglect immediately and file a report within 2 days

A

Legal

71
Q

Provide adequate information about therapy including potential risks and benefits

A

Legal and Ethical

72
Q

Inform clients of availability for emergencies and other contact between sessions

A

Ethical

73
Q

Keep records locked and secure at all times

A

Legal

74
Q

NOT maintain a therapeutic relationship solely for financial gain

A

Ethical

75
Q

Obtain a signed release to share information/records

A

Legal and Ethical

76
Q

Report suspected child abuse/neglect immediately and file a report within 36 hours

A

Legal

77
Q

NOT use their professional relationship to further their own interests

A

Ethical

78
Q

Avoid treating a client who is receiving treatment from another therapist except by agreement with that therapist

A

Ethical

79
Q

Educate group therapy members about confidentiality and encourage to obtain written agreement from group members

A

Ethical

80
Q

Notify local law enforcement when a client has made a specific and serious (i.e., imminent) threat to an identifiable other

A

Legal

81
Q

Process the need to file a child abuse report

A

Ethical

82
Q

Advise clients of the information that will likely be disclosed to a third-party payer

A

Legal and Ethical

83
Q

Consider potential conflicts when treating multiple parties of a treatment unit

A

Ethical

84
Q

Discuss appropriate treatment alternatives

A

Ethical

85
Q

Disclose fees before onset of treatment

A

Legal and Ethical

86
Q

NOT submit false treatment claims to third-party payers

A

Legal and Ethical

87
Q

Document treatment decisions and maintain clinically sound records

A

Legal and Ethical

88
Q

Stay current with developments in the field through educational activities or clinical
experience

A

Ethical

89
Q

Maintain confidentiality except when mandated or permitted by law to break it

A

Legal and Ethical

90
Q

Manage issues of privilege when records are requested in a legal proceeding

A

Legal

91
Q

NOT alter diagnosis or treatment unit in order to get paid

A

Legal

92
Q

Store, transport, and dispose of records in ways that protect confidentiality

A

Legal and Ethical

93
Q

Provide services within scope of competence as determined by education, skills, and
training

A

Ethical

94
Q

Display license publicly in treatment office

A

Legal

95
Q

Inform the clients of the therapist’s professional background

A

Ethical

96
Q

Obtain signed authorization from every member of treatment unit who is old enough to
consent to release information

A

Legal and Ethical

97
Q

Give reasonable notice to clients with unpaid balances of their intent to refer to
collections or sue

A

Ethical

98
Q

NOT solicit clients from therapists or encourage clients to leave other therapists

A

Ethical

99
Q

Obtain informed consent of adults

A

Legal and Ethical

100
Q

Assist colleagues who are impaired due to substance use, emotional problems, or
mental illness

A

Ethical

101
Q

Obtain written consent from a client to use their clinical information in a presentation

A

Legal and Ethical

102
Q

Take reasonable steps to prevent distortion of research or clinical background

A

Ethical

103
Q

Disclose owners and license info if using a fictitious name

A

Legal

104
Q

NOT solicit testimonials from clients who, due to their particular circumstances, are vulnerable to undue influence

A

Ethical

105
Q

NOT use names that mislead public

A

Legal and Ethical

106
Q

NOT financially exploit clients

A

Ethical

107
Q

Articulate “secrets policy” when working with families and couples

A

Ethical

108
Q

Represent themselves as an expert or having a specialization ONLY if they have the
training to meet the professional standards in that specialty area

A

Legal and Ethical

109
Q

Seek consultation when clinically appropriate

A

Ethical

110
Q

Management of office policies

A

Ethical

111
Q

Obtain signed informed consent of minors

A

Legal

112
Q

Management of countertransference

A

Ethical

113
Q

Disclose fees and management of fee payment

A

Legal and Ethical

114
Q

NOT withhold records because a client has not paid for services

A

Legal and Ethical

115
Q

Accurately represent their qualifications

A

Legal and Ethical

116
Q

Process the need to file an elder/dependent adult abuse report

A

Ethical

117
Q

Truthfully represent clinical services rendered for payment to third-party payers

A

Legal and Ethical

118
Q

Advocate for necessary services and challenge denial of payments

A

Ethical

119
Q

Obtain written consent to record a session or permit third-party observation

A

Legal and Ethical

120
Q

Provide necessary translation or help with communication if it is perceived that
communication is not clear due to impairments or fluency issues

A

Ethical

121
Q

NOT exert undue influence on the choice of treatment based on their own values/beliefs

A

Ethical

122
Q

Provide the BBS brochure “Therapy Never Includes Sexual Behavior” to any adult client
who reports sex with a previous therapist

A

Legal

CA LMFT Clinical Exam (6 decks)

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