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MFT Law and Ethics Exam > Random Law/Ethics > Flashcards

Random Law/Ethics Flashcards

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1
Q

Obtaining clients “Informed Consent” for treatment is legally + ethically mandated, except for 2 reasons to treat without consent….?

A

Reasons to treat without consent:

  1. Crisis situation
  2. When a client refuses informed consent
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2
Q

LEGAL and ETHICAL issues

R-A-P-I-S-T R - R - F S-I-C

A 
R-elease of info
A-dvertising
P-rivilege
I-nformed consent 
S-exual relations
T-elehealth

R-ecords
R-eferrals
F-ees

S-uicide
I-nsurance
C-onfidentiality

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3
Q

LEGAL issues

ABC- CDE- FHI - IMP- RRR - SSS - ST

A

A-dvertising
B-usiness practices
C-onfidentiality

C-hild abuse
D-anger to others
E-lder abuse

F-ees
H-IPPA
I-nformed consent

I-nsurance
M-inors
P-rivelege

R-elease of info
R-eferrals
R-ecords

S-exual relations
S-uicide
S-tandard of care

S-cope of practice
T-elehealth

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4
Q

ETHICAL issues
(23)

A-CCC-DD-FF-GG-III-PP-RRR-SSSS-TT

A 
Advertising
Confidentiality 
Consultation 
Countertransference 
Dual Relationships 
Diversity 
Fees
Families/couples
Gifts 
Groups
Informed consent 
Insurance 
Issues w/colleagues
Privilege 
Personal problems  
Records
Referrals
Release of info 
Sexual relations
Suicide
Scope of competence 
Self-determination 
Termination 
Telehealth
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5
Q

Telemedicine informed consent can be verbal or written, and MUST include:

A

Telemedicine informed consent can be verbal or written, and MUST include:

  1. procedures for crisis/technology errors
  2. risks
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6
Q

Prior to each session of Telemedicine…the Therapist must:

A

Prior to each session of Telemedicine…the Therapist must:

  • Verify Ct Name + location (verbal + document)
  • Reassess Appropriateness
  • Ensure Confidentiality + Secure Communication
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7
Q

It is illegal for therapist to provide telemedicine to a client that is out of state, unless they are traveling temporarily , but Therapist must first…

A

In order to provide telemedicine with client traveling temporarily out of state Th must:

  1. Check states licensing board if teletherapy is permitted
  2. must receive informed consent specific to tele-therapy.
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8
Q

Prior to start of telemedicine Th must…

A

Prior to start of telemedicine Th must…

  • Assess appropriateness
  • Verbal or written consent (documented)
  • Risks/limitations
  • License info
  • Local resources/emergency services (documented)
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9
Q

IN order to use insurance, Ct needs

A

Diagnosis (used only for medical necessity)

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10
Q

When using insurance, Therapist have a duty to…

A

Th have duty to inform Ct of how info is managed

Th have ethical duty (not legal) to appeal insurance if Tx is denied or allotted sessions are up

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11
Q

In addition to Therapists ethical duty to appeal insurance, they must also…

A

Discuss fee options & Ct’s responsibility to pay (incase insurance denies)

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12
Q

When using insurance, It is considered illegal (fraud) to…

A

When using insurance, It is considered illegal (fraud) to…

  • Give or change diagnosis in order to use insurance
  • Bill both Ct’s insurance
  • Bill for missed sessions
  • Charge higher for due to insurance
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13
Q

If using insurance, Therapist must inform insurance of..

A

fee changes & unlicensed status

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14
Q

advertising false skills & experience =

A

advertising false skills & experience =

ILLEGAL + UNETHICAL

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15
Q

all advertisements MUST include:

A

all advertisements MUST include:

License # and Title

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16
Q

Advertisement with fictitious business name require..

DBA - ‘doing business as’

A

Advertisement with fictitious business name require..
(DBA - ‘doing business as’)

NAME + LICENSE = of OWNER

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17
Q

When advertising, Th must avoid…

A

When advertising, Th must avoid…

  • using client testimonial (unethical)
  • stating “expertise” without qualifying training
  • statements of false expectations (better in 10 days)
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18
Q

Withholding client records for non-payment is…

A

ILLEGAL

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19
Q

Informed consent for Fees includes:

A

Informed consent for Fees includes:

  • payment methods accepted
  • billing schedule
  • fee adjustment
  • non-payment consequences
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20
Q

Th should resolve Non-payment of fees by…

A

Th should resolve Non-payment of fees by…

  1. review fee agreement + set up payment plan
  2. If Ct not in crisis = Discuss Termination
  3. Submit to collection agency
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21
Q

As a last resort, Th submits Ct to collection agency for non-payment and is allowed to share…

A

As a last resort, Th submits Ct to collection agency for non-payment and is allowed to share…

Name + Amount Owed

22
Q

In order to raise Ct fees, Th should…

A

give client 3 months written notice

must inform insurance of any fee adjustment

23
Q

It is acceptable to terminate for non-payment of fees

A

True; only if Ct is not in crisis

24
Q

Bartering is ONLY ACCEPTABLE IF …

A

Bartering is ONLY ACCEPTABLE IF …

  1. client initiated
  2. part of cultural norm
  3. boundary violations are considered

(best to barter goods rather than services)

25
Q

If new client cannot afford Ct fees…

A

refer out

ongoing client can’t afford due to temporary situation ‘job loss’ = reduce fee/ provide sliding scale

26
Q

Mandated exceptions to Confidentiality..

A

Mandated exceptions to Confidentiality..

1) Child + Elder/Dependent 
    abuse/neglect
2) Danger to others
3) Signed release of info 
4)*Court order 
    (subpoena by court/judge) 
5) BBS Investigation 
    (ethical violation) 
6) Search warrant for office 
7) Client death–coroner 
     investigation 
8) Request for records by 
     client or rep 
9) Patriot act to share records
27
Q

Third Parties who attend therapy

A

Th inform visitor they’re not a Ct and therefore not entitled to confidentiality or privilege under the law.

(Th respects confidential nature of session, & visitor should not expect legal protections afforded to Ct.

28
Q

The Patriot Act

A 
mandated exception to confidentiality:  
requires therapists (and others) to provide (FBI) agents with client information AND prohibits therapist from disclosing to the
client that the FBI sought or obtained the items under the Act.
29
Q

Confidentiality - allowed, but not mandated exceptions

A

Confidentiality - allowed, but not mandated exceptions

1) Danger to self
2) Crisis communicate w/providers
3) payment responsibility
4) insurance audit
5) crime against Th

30
Q

Holder of Privilege

A

always client initially (all members of tx unit)

Minors - guardian ad litem (not parents-unless given guardian ad litem status)

Conservator - shares privilege with client (ct never loses privilege)

Deceased client - personal representative given by court

Incarcerated ct - still has privilege (allowed to access records / minors records)

31
Q

10 Exceptions to Privilege

A
  1. claims emotional condition/injury in court
  2. shares confidential information
  3. 15yr (or younger) is victim of a crime
  4. seeks therapy to escape or commit crime
  5. Th appointed by court to examine ct
  6. Breach of Duty (Th/Ct sues)
  7. Determine sanity in criminal case
  8. Ct requests evaluation to establish competence
  9. Danger to others/self/property & sharing necessary to prevent harm
  10. coroner investigation (public health inspection)
32
Q

Subpoena

A
  1. contact client
  2. always assert privilege (until court orders you to do otherwise)
    - IF Ct wants to share = must sign waiver to privilege (if Th believes it’s harmful - discuss concerns with client)

Court/judge ordered - must give records
lawyer - assert privilege
subpoena to testify in court = consult with lawyer

33
Q

Privilege: If judge orders records for past client that is unrelated to a crime, Th can…

A

advocate to submit limited information

34
Q

HIPAA stands for? and mustbe complied by?

A

• Standard medical procedures for medical records confidentiality (billing/payment)

Electronic communication + third party payers (insurance, managed care)

(ex. use insurance but not electronically = not HIPPA)

35
Q

HIPAA info shared

A

medical (psychotherapy RECORDS, progress notes)

Diagnosis 
Treatment plan 
start/end times
interventions 
progress notes
36
Q

HIPAA timeline for accessing records

A

Same as records
5 days = inspect
10 = summary
15 = copy

37
Q

4 HIPAA Requirements

A

privacy,
electronic transaction standards,
security
national provider identifier numbers

Client must sign & be given copy of “Notice of Privacy Practices” prior to therapy (must be posted in office/website)

NPI - 10 digit number used for all transactions

38
Q

HIPAA– 5 client privacy rights

A

1) request restrictions on use/disclosure of protected health info (PHI)
2) receive confidential communication from providers
3) inspect & receive copy of PHI
4) right to amend their PHI
5) to receive a copy of the Th’s Notice of Privacy Practices

*PHI - protected health info

39
Q

what is HIPAA’s “Notice of Privacy Practices”

A

how ct’s information is used

Th duty to inform client

40
Q

When Therapist Should Refer…

A
  • Ct needs care outside Th scope of practice (ex. refer for meds/ psych-ct stopped meds)
  • Ct issues are outside Th scope of competence
  • Ct can’t afford Th fee (or Th has full client load)
  • Th terminate w/ct
  • domestic violence = Th must give safety resources + document in notes
41
Q

Illegal to receive/accept compensation for referrals

A

true (conflict of interest)

42
Q

inappropriate countertransference

A

sexual arousal, extreme dislike

43
Q

illegal to have sexual contact with client

A

currently & within 2 years of termination

unethical–prior sex w/client; sex with friends/relatives of client

44
Q

client invitations to Th, are only appropriate if…

A

it relates to client treatment goals

eats lunch with eating disorder ct

45
Q

If ct wants to terminate & Th disagrees

A

Th acknowledges ct right to terminate

46
Q

Th doesn’t need to provide referrals when…

A

If Ct has met Tx goals (unethical to continue therapy if no reason)

47
Q

Release of information must include

A

the specific info shared
name of Th/provider
end date
Ct’s right to have copy

*font must be min 14pt font

48
Q

If Ct requests records & Th determines its high risk for Ct to access records…Th must

A

 document date of Ct’s request
 specific potential detrimental consequences
 notify Ct of Th denial access to records
 Ct right to review with other professional (must sign release)

49
Q

Timeline for Elder/Dependent Abuse reporting…

A

outside facility = call police + report 2 days
in facility non-physical abuse = call police + 2 days
*unless:
physical non injury = 1 day
physical by resident w/dementia = 1 day
**physical serious injury = 2 hours

50
Q

Types of elder/dependent abuse

A

Physical:
 Assault / sexual abuse
 Physical restraints + overly medicated
 deprivation of food/water

Abandonment:
 caregiver willful withdrawal of support (when care/support is needed)
 isolation (ex. restricted from social contact use phone, see friends)

Neglect:
 failure to provide basic hygiene (ex. won’t change bedding)
 no meds
 self-neglect (ex. elderly lives alone & doesn’t care for self/home, ‘abnormal’ behavior)

Financial:
 not allowed access to money, stealing money

Abduction:
 take elderly out of state against will

Emotional abuse = *optional report  explore impact on Ct’s mental health
 threats, swearing

51
Q

Th must notify BBS within 30 days of

A

Th must notify BBS within 30 days of = change of name/address + any convictions (DUI)

MFT Law and Ethics Exam (9 decks)

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