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CA LMFT Exam > Legal vs. Ethical > Flashcards

Legal vs. Ethical Flashcards

1
Q

NOT alter medical records

A

Legal

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2
Q

NOT offer or accept payment for referrals

A

Legal AND Ethical

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3
Q

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

A

Ethical

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4
Q

When client is in another location, provide local emergency resources

A

Legal AND Ethical

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5
Q

Inform clients of the limits of confidentiality

A

Ethical

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6
Q

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

A

Ethical

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7
Q

Work within the MFT scope of practice

A

Legal

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8
Q

NOT condone or engage in discrimination

A

Ethical

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9
Q

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

A

Legal

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10
Q

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

A

Ethical

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11
Q

Provide services that display cultural competence

A

Ethical

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12
Q

Comply with HIPAA standards if a covered HIPAA entity

A

Legal

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13
Q

Provide appropriate referrals if needed

A

Ethical

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14
Q

Consider appropriateness of electronic therapy and inform clients of potential risks

A

Legal AND Ethical

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15
Q

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

A

Legal AND Ethical

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16
Q

Keep clinically sound medical records

A

Legal AND Ethical

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17
Q

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

A

Legal

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18
Q

Avoid dual relationships with clients and supervisees

A

Ethical

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19
Q

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

A

Legal AND Ethical

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20
Q

NOT engage in false or misleading advertising

A

Legal AND Ethical

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21
Q

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

A

Ethical

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22
Q

NOT abandon or neglect a client

A

Ethical

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23
Q

Obtain informed consent for telemedicine

A

Legal AND Ethical

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24
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

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25
Q

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

A

Legal

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26
Q

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

A

Ethical

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27
Q

Respect the rights of clients to make their own decisions

A

Ethical

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28
Q

Provide adequate information about therapy including potential risks and benefits

A

Legal AND Ethical

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29
Q

Inform clients of availability for emergencies and other contact between sessions

A

Ethical

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30
Q

Keep records locked and secure at all times

A

Legal

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31
Q

NOT maintain a therapeutic relationship solely for financial gain

A

Ethical

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32
Q

Obtain a signed release to share information/records

A

Legal AND Ethical

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33
Q

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

A

Legal

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34
Q

NOT use their professional relationship to further their own interests

A

Ethical

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35
Q

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

A

Ethical

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36
Q

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

A

Ethical

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37
Q

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

A

Legal

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38
Q

Process the need to file a child abuse report

A

Ethical

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39
Q

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

A

Legal AND Ethical

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40
Q

Consider potential conflicts when treating multiple parties of a treatment unit

A

Ethical

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41
Q

Strive to identify and understand the diverse cultural backgrounds of clients

A

Ethical

42
Q

Discuss appropriate treatment alternatives

A

Ethical

43
Q

Disclose fees before onset of treatment

A

Legal AND Ethical

44
Q

NOT submit false treatment claims to third-party payers

A

Legal AND Ethical

45
Q

Make efforts to understand how personal beliefs affect the process of therapy

A

Ethical

46
Q

Document treatment decisions and maintain clinically sound records

A

Legal AND Ethical

47
Q

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

A

Ethical

48
Q

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

A

Legal AND Ethical

49
Q

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

A

Legal

50
Q

NOT alter diagnosis or treatment unit in order to get paid

A

Legal

51
Q

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

A

Legal AND Ethical

52
Q

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

A

Ethical

53
Q

Seek professional assistance for personal problems that impair performance

A

Ethical

54
Q

Display license publicly in treatment office

A

Legal

55
Q

Inform the clients of the therapist’s professional background

A

Ethical

56
Q

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

A

Legal AND Ethical

57
Q

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

A

Ethical

58
Q

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

A

Ethical

59
Q

Obtain informed consent of adults

A

Legal AND Ethical

60
Q

Ordinarily refrain from bartering for services unless it is suitable to accept barter as payment

A

Ethical

61
Q

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

A

Ethical

62
Q

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

A

Legal AND Ethical

63
Q

Take reasonable steps to prevent distortion of research or clinical background

Hint: Not Legal and Ethical

A

Ethical

64
Q

Disclose owners and license info if using a fictitious name

A

Legal

65
Q

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

Hint: Not BOTH

A

Ethical

66
Q

NOT financially exploit clients
Hint: Not LEGAL and ETHICAL

A

Ethical

67
Q

NOT use names that mislead public

A

Legal AND Ethical

68
Q

Articulate “secrets policy” when working with families and couples

A

Ethical

69
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

70
Q

Seek consultation when clinically appropriate

A

Ethical

71
Q

Management of office policies

A

Ethical

72
Q

Obtain signed informed consent of minors

A

Legal

73
Q

Management of countertransference

A

Ethical

74
Q

Disclose fees and management of fee payment

A

Legal AND Ethical

75
Q

Marriage and family therapists do not give to or receive gifts from clients that impair the integrity or efficacy of the therapeutic relationship

A

Ethical

76
Q

NOT withhold records because a client has not paid for services

A

Legal AND Ethical

77
Q

Accurately represent their qualifications

A

Legal AND Ethical

78
Q

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

A

Ethical

79
Q

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

A

Legal AND Ethical

80
Q

Advocate for necessary services and challenge denial of payments

A

Ethical

81
Q

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

A

Legal AND Ethical

82
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

83
Q

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

A

Legal

84
Q

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

A

Ethical

85
Q

What is a Conflict of Interest

A

When there is a business transaction occurring through the therapy with the client

86
Q

Boundary Crossing

A

A harmless or even helpful departure from standard therapeutic practices. Boundary crossings can include things like giving large gifts, missing appointments, or socializing outside of appointments.

87
Q

Boundary Violation

A

A harmful or potentially harmful act that exploits the patient. Boundary violations can include things like engaging in sexual activity with a client, or a therapist sharing personal issues with a client.

88
Q

Who is the holder of privilege, ALWAYS?

A

The client

89
Q

Who is able to consent to treatment when there is a court order, and probation officer for a minor in the foster care system?

A

The minor can consent if 12 or older, and the judge/court and consent for treatment

90
Q

Who do you notify FIRST when having to initiate Tarasoff?

A

The Police

91
Q

What should you do if someone is referring clients to you under the misconception that you specialize in working with a population that you don’t?

A

Ethically, you should correct the referring party.

92
Q

If you want to raise fees, which policy should you follow?

A

The one stated in your informed consent

93
Q

What information can you share if a client in unable to consent and is in an emergency situation?

A

Relevant information for client’s treatment in the emergency

94
Q

What topics are safe from the “No secrets” policy?

A

HIV and Domestic Violence

95
Q

What does the Mental Health Services Act cover?

A

Pays for help with mental health treatment

96
Q

When is a forensic evaluation done?

A

ONLY in the legal system or with legal proceedings occurring

97
Q

What 3 conditions are needed to treat a couple with a history of violence/DV?

A
  1. Both partners agree on the level of violence that occurred between them
  2. The perpetrator takes responsibility for their actions and has an arsenal of alternative coping mechanisms that they regularly practice
  3. The victim takes responsibility for their safety and sticks to the safety plan if needed.
98
Q

On advertisements for your services, if you have another degree not related to therapy, you must…

A

Legally, you may advertise that degree, but you must indicate that it is not in a field related to therapy (ex. PhD in Biology must be indicated)

99
Q

What information can be shared when working as a multidisciplinary team at the same facility?

A

All members of the team working within the same facility can access the client’s records and information can be shared

100
Q

For incarcerated clients, who holds privilege?

A

The client

101
Q

Define: Lethality

A

lethality is defined as someone having the ability to cause death or serious harm.

102
Q

What is important to do during termination?

A

Review client’s gains and what was learned over the course of treatment

CA LMFT Exam (3 decks)

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