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Law & Ethics > Midterm Exam > Flashcards

Midterm Exam Flashcards

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1
Q

4 Elements of a Civil Suit of Malpractice

A

Duty of Care – Relationship established
Duty to Protect – Reasonable Therapist
Proximate Cause – Harm caused by therapist
Demonstrable Harm – Money damages

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2
Q

2 Parts of APA Ethics Code

A

Unenforceable – aspirational guidelines

Enforceable – numbered codes, mandates

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3
Q

What is the primary element that resulted from deinstitutionalization with regard to clinical treatment?

A

The rule of least restrictive treatment

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4
Q

2 Elements of Law

A

Case Law

Statutes

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5
Q

Higher court ruling that becomes precedent

A

Case Law

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6
Q

Legislative process codifies case law

A

Statutes

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7
Q

Four elements of standard of care

A

Reasonable therapist
Case law
Statutes
Ethics code

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8
Q

Ethics committee and code

A

APA

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9
Q

Licensing board

A

BOP

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10
Q

Attorney General

A

Criminal allegations

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11
Q

Standard of Care

A

Reasonable therapist

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12
Q

Duty of Care

A

Established relationship

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13
Q

Proximate Cause

A

Therapist is cause of harm

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14
Q

Demonstrable Harm

A

Money damanges

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15
Q

Expert Witness

A

Gives expert opinion

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16
Q

Fact witness

A

On case before legal action

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17
Q

Two types of actions BOP can assign when a violation of licensing law occurs

A

Disciplinary and Public

Nondisciplinary and confidential

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18
Q

Reasons for Disciplinary and Public action (4)

A

Sex with patient
Breaches of confidentiality
Insurance issues
Failure to keep records

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19
Q

Reason for Nondisciplinary and Confidential action

A

No public display of licensure on documents or office

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20
Q

CSI requirements for mandated reporting - Tarasoff Original Ruling (3)

A

Communicated directly to therapist
Imminent danger
Identifiable victim (with a moment’s reflection)

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21
Q

Tarasoff/Ewing Assessment for Threat (8)

A 
Gender - male 
Plan - specificity
Feasibility
Previous violence - best predictor
Current problem - who is in danger
Substance use - increases likelihood
Support system - includes insurance
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22
Q

Requirements for mandating reporting (3)

A 
Warm victims (civil code)
Notify authorities (civil code)
Take steps (Tarasoff)
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23
Q

Revocation stayed

A

Loss of license stopped

24
Q

Revocation

A

Complete loss of license

25
Q

Stipulation

A

Agreement between BOP and therapist

26
Q

Surrender

A

Voluntarily give up license

27
Q

Tarasoff Original Ruling

A

CSI

28
Q

Veteran’s Administration (2)

A

Protect even in absence of stated threat

Seek past records

29
Q

Ewing Decision - 2 primary additions to Tarasoff

A

Communicated by family or reliable other

For the purpose for advancing therapy

30
Q

Arson/Peck (2)

A

Use of arson can be a deadly weapon

Damage to property

31
Q

Hedlund (2)

A

Duty to protect potential bystanders

Victim to victims

32
Q

Does an empirically validated suicide risk assessment procedure exist?

A

No

33
Q

What is the strongest predictor of teen suicide attempt?

A

Non-suicidal self-injury (NSSI)

34
Q

Difference between Risk Factors and Warning Signs

A

Risk Factors - static and enduring

Warning Signs - episodic and variable

35
Q

Risk Factors examples (3)

A

Age
Demographics
Family history of suicide

36
Q

Warning Signs examples (2)

A

Mood

Life events

37
Q

Is use of a safety agreement a good protective measure for a suicidal client?

A

No

38
Q

Age group with highest suicide rate

A

45-54 years old

39
Q

SAD PERSONAS suicidality scale

A 
Sex
Age
Depression
Previous attempts
Ethanol (substance) use
Rational thought loss
Social support lacking
Organized plan
No significant other
Access to means
Sickness
40
Q

Which is more serious to assessment of danger to self or other? False Positive or False Negative

A

False Negative

41
Q

2 primary elements of malpractice re: suicide (Baerger, Bongar, and Sullivan)

A

Foreseeability (should clinician have anticipated?)

Causation (did clinician take sufficient steps?)

42
Q

Privacy

A

No illegal search and seizure (4th amendment rights)

43
Q

Confidentiality

A

Ethical standard of professional conduct

44
Q

Privilege

A

Legal protection from disclosure in legal proceedings

45
Q

When a therapist strongly disagrees with a client on a political topic, the therapist should: (2)

A

Remain neutral

Seek consultation

46
Q

Can a lack of diversity training lead to misdiagnosis using the DSM?

A

Yes

47
Q

Insurance Diagnosis

A

Giving clients alternate diagnoses to receive insurance coverage (ILLEGAL AND UNETHICAL)

48
Q

3 broad dimensions of multicultural counseling

A

Therapist self-awareness
Therapist understanding
Skill in using culturally appropriate interventions

49
Q

Cultural encapsulation

A

Lack of understanding and ignorance of another’s cultural background

50
Q

Intersectionality (Crenshaw)

A

The intersection of social categorizations, creating

overlapping and interdependent systems of discrimination or disadvantage

51
Q

Cultural Humility (3)

A

Long-term understanding and learning
Humble and respectful attitude
A state of not knowing

52
Q

4 Bins of ethical decision making

A

Legal (state, federal, or regulatory)
Clinical (patient welfare)
Ethical (standard of care)
Risk Management (liability)

53
Q

Difference between confidentiality and privilege

A 
Confidentiality = ethics
Privilege = law
54
Q

4 agencies holding psychologists accountable

A

Licensing boards (BOP)
Ethics committees (APA, CPA)
Civil suits of malpractice
Criminal allegations

55
Q

Preponderance of evidence

A

Burden of proof in a civil suit

Law & Ethics (3 decks)

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