Quick Studies Flashcards
Is it illegal, unethical or both to misrepresent yourself in advertising?
Illegal
Ethical aspects of advertising
Accurately represent competence, correct any false or misleading info about them, don’t solicit testimonials from vulnerable clients, only claim “expertise” if you have the background.
When do you write a written report for child abuse?
36 hours
Is child emotional abuse a mandated report?
No, it is optional.
What within child abuse are you mandated to report?
Physical and sexual abuse and neglect
If a child is taken out of state without permission is it child abuse?
No it is kidnapping. Encourage client to contact law enforcement.
If your client reports abuse that occurred when they were a minor, do you report?
Therapist would maintain confidentiality unless reasonable suspicion that the perp was abusing other minors
When is consensual sex between minors reportable?
One is 13 or younger and the other is 14 or older
One is under 16 and the other is 21. (Old enough to drink, old enough to drive)
No consensual sex with a minor is always reportable
Downloading, possessing, or transmitting child porn constitutes…
Sexual exploitation of a minor and is a mandated report.
True or false.
Lewd behavior between minors ages 14 and 15 with a partner who is 10 or more years older is a mandated report.
True
Confidentiality is…
A legal and ethical requirement placed on the therapist that restricts the volunteering of information obtained in the therapeutic relationship.
True or false.
Therapist must maintain confidentiality if a client discloses crimes previously committed.
True
Who are the protected classes and exceptions of crimes
Child abuse, dependent adult abuse or elder abuse
When treating a multiple person unit who is required to sign an ROI?
Each member competent to do so and 12+ years of age.
Group therapy and confidentiality
Therapist is responsible to maintain confidentiality of all group members. Ethically responsible to obtain agreement of members to respect confidentiality of other members
A therapist is not obligated to maintain confidentiality when..
If a client commits an act of theft or violence against the therapist.
True or false.
Confidentiality survives the death or a client or former client.
True. There must be an authorization from the personal representative of the deceased client.
True or false.
Confidentiality survives the death or a client or former client.
True. There must be an authorization from the personal representative of the deceased client.
MANDATED exceptions to confidentiality
Court order, order from a state board, search warrant naming the therapist, and a coroner’s request
PERMITTED exceptions to confidentiality
High risk suicide, gravely disabled, auth from clients rep, insurance, disclosures to parents of minor child or other MH providers to prevent harm are all…
LEGAL duty to protect and report
Client expresses a clear plan of threat to an identifiable victim
When you have a duty to protect who do you identify FIRST?
Police
Who is an elder?
65+
Physical abuse, abandonment, isolation, neglect, financial abuse, and abduction are all
Mandated elderly reports to APS
True or false
Emotional elderly abuse is a mandated report?
False. It is optional
Who are HIPAA providers?
Providers who engage in transactions with third party payers (insurance)
True or false.
Medical records are kept separate from psychotherapy notes?
True
Informed consent with minors:
When parents are married who signs?
Either parent
Informed consent with minors:
When parents were never married who can consent?
Either may consent
Informed consent with minors:
When parents are divorced who consents?
Custody agreement determines who consents
Informed consent with minors:
Can a legal guardian consent?
Yes
Who holds privilege?
The client, all members of unit, a guardian or conservator, personal rep if client is deceased
Does consent for telehealth need to be written?
It can be either verbal OR written but needs to be documented
