LPCC Law and ethics Flashcards

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1
Q

Regardless of education and training, LPCC’s are NOT allowed to…

A

Regardless of education and training, LPCC’s are NOT allowed to

o Projective techniques in personality assessment
o Individually administered IQ tests
o Neuropsychological testing
o Using a battery of 3+ tests to determine: psychosis, dementia, amnesia, cognitive impair, criminal behavior

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2
Q

Acceptable abbreviations on advertisements include

A

Registered Associate Professional Clinical Counselor
or/
registered associate PCC
*(‘APCC¬’– only used if full title included)

Licensed Prof Clinical Counselor or/ LPCC

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3
Q

In regards to social media, it is unethical to:

A

In regards to social media, it is unethical to:

  • search or view CT’s social media (unless given permission)
  • “friend” CT’s (or teachers ‘friending’ students)
    AKA establish virtual relationship
  • NOT create a separate personal and professional account
  • share confidential info
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4
Q

To provide teletherapy to a CT in state, legally the TH must:

A

To provide teletherapy to a CT in state, legally the TH must:

hold current & valid license

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5
Q

Legally, prior to starting teletherapy, TH must:

A

Legally, prior to starting teletherapy, TH must

(1) Obtain informed consent from CT
(2) Inform potential risks and limitations of telehealth TX
(3) Provide CT with license # and type
(4) Document efforts to ascertain the contact info of relevant resources + emergency services, in CTs area.

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6
Q

Legally, prior to the start of each teletherapy session, TH must:

A

Legally, prior to the start of each teletherapy session, TH must:

(1) Verbally obtain & document CT full name + address of present location
(2) Assess CT appropriateness for telehealth (including consideration of CT’s psychosocial situation)
(3) Utilize industry best practices for telehealth to ensure CT confidentiality and security of communication

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7
Q

Legally, to use teletherapy with a CT residing out of state only if:

A

Legally, to use teletherapy with a CT residing out of state only if:
A CA licensee or registrant meets the requirements in that jurisdiction,
AND
telehealth is allowed by that jurisdiction.

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8
Q

Ethically, Telehealth and TH website (advertisement), must include:

A

Ethically, Telehealth and TH website (advertisement), must include:

  • electronic links to licensure and professional certification boards
  • Website = Accessible for disabled Ct’s + translation services
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9
Q

Ethically, informed consent for electronic storage of CT records should include:

A

Ethically, informed consent for electronic storage of CT records should include:

how records are maintained (security + length of storage time)

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10
Q

Ethically, bartering is acceptable only if:

A

Ethically, bartering is acceptable only if:

  • no exploitation or harm
  • CT requested
  • arrangement accepted by professionals in community

*consider cultural implications, discuss relevant concerns, & document in clear written contract

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11
Q

Ethically, when determining to accept GIFTS, TH must consider:

A

Ethically, when determining to accept GIFTS, TH must consider:

  • therapeutic relationship
  • monetary value of gift
  • CT’s motivation
  • TH motivation for wanting to accept or decline
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12
Q

Ethically, when working with groups:

A

Ethically, when working with groups:

  1. screen & select prospective CT’s who:
    have similar needs + goals
    won’t impede group process
    won’t be harmed by group experience
  2. protect CT’s from trauma (physical, emotional or psychological)
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13
Q

It is unethical for TH working in an organization to self-refer (refer CT’s to private practice), unless…

A

It is unethical for TH working in an organization to self-refer (refer CT’s to private practice), unless…

organization’s policies make explicit provisions for self-referrals

(if allowed, inform CT’s of other available options)

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14
Q

It is unethical to split fees, or…

A

It is unethical to split fees, or…

give or receive payment, discounts, or any compensation for referrals

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15
Q

It is unethical to refer prospective or current clients due to,

A

It is unethical to refer prospective or current clients due to:

TH personal values, beliefs & behaviors

seek training when = risk of imposing values, TH values inconsistent w/CT goals or are discriminatory

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16
Q

ethically, TH should avoid entering or continuing therapy when:

A

ethically, TH should avoid entering or continuing therapy when:

TH lack of competency

(give culturally / clinically appropriate referrals)
if CT decline referrals, TH terminates

17
Q

When is it ethically appropriate for TH to terminate?

A

it is ethically appropriate for TH to terminate when …

  • CT no longer needs assistance
  • CT not likely to benefit
  • CT harm
  • CT non-payment
  • TH jeopardy of being harmed by CT or CT acquaintance

*Provide pretermination counseling & referrals (when necessary)

18
Q

It is UNETHICAL to have sexual / romantic relationship with former CT within..

It is ILLEGAL to have sexual relationship with former CT within…

A

UNETHICAL to have sexual / romantic relationship with former CT within = 5 years post-termination

ILLEGAL to have sexual relationship with former CT within = 2 years post-termination

19
Q

Prior to CT assessment, ethically TH must:

A

Prior to CT assessment, ethically TH must:

disclose the purpose and nature of assessment

20
Q

When providing an evaluation, it is unethical to:

A

When providing evaluation, it is unethical to:

evaluate current/former CT’s (or partners/family )
&
can’t give therapy to those evaluated

21
Q

Prior to CT evaluation, ethically TH must:

A

Prior to CT evaluation, ethically TH must:

  • obtain written consent
  • inform of purpose (it’s not therapy)
  • whom info is shared with
22
Q

Ethically, a TH may refrain from making a diagnosis or

reporting a diagnosis if…

A

Ethically, a TH may refrain from making a diagnosis or

reporting a diagnosis if = it is in the best interest of the client.

23
Q

It is unethical for assessment to be…

A

It is unethical for assessment to be = unsupervised (unless intended for self-administration)

24
Q

When CT is in a professional relationship with other mental professionals, ethically TH should:

A

When CT is in a professional relationship with other mental professionals, ethically TH should:

get CT release to inform other TH + collaborate

25
Q

Ethically, informed consent should include:

A

Ethically, informed consent should include:

limits of confidentiality (supervisor/team)
type of services provided
purpose, goals, techniques, limitations, risk /benefits
TH credentials, experience & approach
procedures for TH death
technology role
diagnosis
test/report use
fees, billing, non-payment
records
participate in Tx plan
right to refuse services/modality changes + consequences

26
Q

Informed consent with mandated CT’s should ethically include:

A

Informed consent with mandated CT’s should ethically include:

limits of confidentiality + reporting requirements
type of info shared + with whom
right to refuse + consequences

27
Q

Sexual or romantic (virtual + in-person) relationships are considered unethical:

A

Sexual or romantic (virtual + in-person) relationships are considered unethical with:

current CT (or friends/family/partner) 
former CT (or friends/family/partner) within 5 years post termination 

*can’t start therapy when CT-TH had previous relationship

28
Q

It is considered unethical to start therapy with friends or family when:

A

It is considered unethical to start therapy with friends or family when = Th unable to remain objective

29
Q

virtual friendship (social media) with current CT is =

A
virtual friendship (social media) with current CT is = 
UNETHICAL
30
Q

When determining whether to accept Gift, ethically TH must consider…

A

When determining whether to accept Gift, ethically TH must consider…

therapeutic Relationship + monetary value + CT/TH motivation

31
Q

Th have an ethical duty to _______, for CT’s to improve barriers/access for Ct growth. TH must obtain _____

A

Th have an ethical duty to _______, for CT’s to improve barriers/access for Ct growth. TH must obtain _____

ADVOCATE

CT informed consent (prior)

32
Q

Prior to role changes, ethically TH must:

A

Prior to role changes, ethically TH must:

CT informed consent + right to refuse services + potential consequences

Examples: (vice versa)
individual TO couple /family
evaluative TO therapeutic role
counselor to mediator

33
Q

Ethics on use of Testimonials

A

Ethics on use of Testimonials

Th who use testimonials, DON’T SOLICIT them from CURRENT/FORMER CT’S (or any person vulnerable to undue influence)

TH obtain CT permission & discuss implications

34
Q

ethically, when making public statements TH must clarify:

A

ethically, when making public statements TH must clarify:

TH are speaking from their personal perspectives & are not speaking on behalf of all TH or the profession

35
Q

when providing consultation, ethically TH must

A

when providing consultation, ethically TH must =

Written/verbal agreement of rights/responsibilities + fees + risks/benefits + purpose + conf limits

36
Q

It is unethical to evaluate…

A

It is unethical to evaluate…

current / former CT’s (or friends/family)

unethical to counsel ppl TH is evaluating

37
Q

Ethically, when using social media, TH should =

A

Ethically, when using social media, TH should =

create separate professional and personal web pages and profiles that clearly distinguish between the two kinds of virtual presence

38
Q

Lack of knowledge or misunderstanding of ethical responsibility

A

*Lack of knowledge or misunderstanding of ethical responsibility = is not a defense against charge of unethical conduct

39
Q

Ethically, teletherapy informed consent should include:

A

Ethically, teletherapy informed consent should include:

o Telehealth credentials, Th physical practice location +
contact info
o Risks / benefits (potential misunderstanding = lack of
visual cues/tone of voice + ways to address)
o Limits of confidentiality w/tech use
o Possible technology error + Alt method of service delivery
o Anticipated response time
o Crisis procedures
o Time zone differences
o Cultural / language issues (may affect delivery of services)
o Possible denial of insurance benefits
o Social Media Policy