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Law and Ethics > Legal vs. Ethical > Flashcards

Legal vs. Ethical Flashcards

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1
Q

Advertising

A

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

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2
Q

Authorization to share information

A

Legal: Yes: Anyone 12+ should sign release

Ethical: Yes: All members of treatment until who are 12+ should sign

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3
Q

Business Practices

A

Legal: Yes: Post license, disclose owner’s name and license of business

Not an ethical issue.

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4
Q

Child Abuse

A

Yes: Mandated report if reasonable suspicion

No - but BBS likes the therapist to process need to report with the client

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5
Q

Confidentiality

A

Legal: Yes: HIPAA - provide NPP; maintain confidentiality except when mandated or permitted to break it.

Ethical: Yes: inform of limits, maintain confidentiality except when mandated or permitted to break it

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6
Q

Consultation

A

Legal: No

Ethical: Yes: should be done when clinically indicated; protect identity of client.

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7
Q

Countertransference

A

Legal: No.

Ethical: Yes: manage it, seek consultation when problematic.

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8
Q

Dual relationships/conflict of interests

A

Legal: No.

Ethical: Yes: a valid dual relationships because of potential conflict of interest; manage unavoidable dual relationships

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9
Q

Diversity

A

Legal: No

Ethical: Yes: Understand cultural factors affecting clinical issues

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10
Q

Elder/Dependent Abuse

A

Legal: Yes: mandated report if reasonable suspicion; report to appropriate agency

Ethical: No but BBS would like the therapist to process need to report with client

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11
Q

Fees

A

Legal: Yes. Disclose fees.

Ethical: Yes. Manage fees, disclose fee policies, alert client before using collections, consider ability to pay for services

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12
Q

Gifts

A

Legal: Not a legal issue

Ethical: Yes: do not give or receive gifts that could compromise integrity of therapy, consider monetary value and clinical significance

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13
Q

Groups

A

Legal: No

Ethical: Yes. Discuss issues of confidentiality

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14
Q

Harm to others

A

Legal: Yes. Assess for harm, notify police if there is imminent plan, possibly notify victim if clinically appropriate

Ethical: Not an ethical issue.

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15
Q

HIPAA

A

Legal: Yes: comply with HIPAA when electronically communicating with 3rd party payers

Ethical: Not an ethical issue.

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16
Q

Informed consent

A

Legal: Yes: disclose fees, license status (should be posted), use of technology utilization, fictitious business name, if I am a provider bound by HIPAA, signed for minor, potential risks

Standard of care which could become legal issue:

Limits of confidentiality, risks and benefits of treatment, alternative treatment possibilities, cancelation policy, billing, communication and emergency protocol, background of therapist (expertise), define who the client is (individual, couple, group)

Ethical: Yes: alternate treatments, office policies, limits of confidentiality, and therapist background.

17
Q

Insurance

A

Legal: Yes: Illegal to submit false claims, advise patients of info that will likely be disclosed to 3rd party payer

Ethical: Yes: advocate if needed services are denied, advise client that information would be shared with insurance, avoid false claims.

18
Q

Issues with other therapists

A

Legal: Not a legal issue

Ethical: Yes: support when compromised, do not see a client who is being treated by another therapist, do not solicit clients from other therapists

19
Q

Personal Problems

A

Legal: Not a legal issue.

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

20
Q

Privilege

A

Legal: Yes: only applies to legal situations, notify client of subpoena, assert privilege

Ethical: Yes - should inform client of potential risks of waiving privilege

21
Q

Records

A

Legal: Yes: maintain sound record for 7 years or until minor is 25, keep records locked and secure, comply with record requests appropriately, never alter records

Ethical: Yes: Maintain sound records, do not withhold for lack of payment, protect client records

22
Q

Referral

A

Legal: Yes: illegal to pay or receive payments for referrals

Ethical: Yes: unethical to pay or receive payments for referrals, provide clinically appropriate referrals

23
Q

Scope of Competence

A

Legal: Not a legal issue

Ethical: Yes: should only work within bounds of education, skills and training and stay current with skills

24
Q

Scope of Practice

A

Legal: Yes: must work within legally defined scope

Ethical: not an ethical issue

25
Q

Self Determination

A

Legal: not a legal issue

Ethical: Yes: avoid advice giving, support client to make own decisions, jointly create treatment plan

Safety overrides self-determination.

Watch for questions about the elderly. Supporting self-determination whenever possible.

26
Q

Sexual Relations

A

Legal: Yes: 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: Yes: also includes sexual relationships with relatives/friends of client, avoid treating someone within whom you’ve had a prior sexual relationship

27
Q

Standard of Care

A

Defines usual and customary professional standards. How I would do things like: advertise, intake process, recording of sessions.

Includes: statutes (business code), licensing regulations (ex. CEUs), ethical codes, consensus of community of practitioners (ex. Expert witness)

Legal: Yes: legally, therapist must provide care that meets standards

Ethical: not an ethical issue; however, ethical standards contribute to standard of care

28
Q

Suicide

A

Legal: Yes: meet standard of care, assess, intervene according to level of risk

Ethical: Yes. Addressing overall well-being of client.

29
Q

Telehealth

A

Legal: Yes: 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: Yes: 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)

30
Q

Termination

A

Legal: No but should avoid abandonment

Ethical: yes: terminate when client is no longer benefiting. Provide referrals for premature termination, maintain professional will.

31
Q

Treating minors

A

Legal: Yes: comply with consent laws, can deny parents access to records if harmful to patient or treatment

Ethical: No but should manage issues of confidentiality

32
Q

Treating multiple people in treatment unit

A

Legal: Not a legal issue

Ethical: Yes: should consider and discuss risks/conflicts of interest, review informed consent for new treatment unit, discuss “secrets” policies

33
Q

Informed consent with minors - who should sign?

A 
Only one signature required when:
Parents are still married
Parents were never married
Parent has 100% legal custody
Parents have joint custody but custody agreement allows for one of the parents to sign (although best practice is to have both)

Two parent signatures required when:
Custody agreement dictates both parents must consent.

34
Q

Informed consent with minors - when parents aren’t the ones signing

A

Who can sign on behalf of a minor:
1) Legal guardianship trumps anything!
2) Attorney for child in foster care
3) If attorney is not an answer option, LCSW would be next in line.
4) if mental health is court ordered, foster parent can consent
5) If a guardian brings child in and doesn’t know where parents are located care affidavit should be signed
6) If court has issued minute order for LCSW or foster parent to sign
&) Minor 12 and older if determined to be mature enough to do so and there is reason to not include parents

Law and Ethics (8 decks)

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