Law and Ethics

Question 1

CAMFT 1.5 Therapist Disclosures

Answer 1

MFTs provide adequate information to patients in clear and understandable language so that patients can make meaningful directions about their therapy. MFTs respect the right of patients to choose whether to enter into or remain in a therapeutic relationship.

Question 2

CAMFT 1.7 Client Benefit

Answer 2

MFTs continually monitor their effectiveness and take steps to improve when necessary. MFTs continue therapeutic relationships only so long as it is reasonably clear that patients are benefiting from the relationship.

Question 3

Minors who consent on their own

Answer 3

• Minor 12 or older, subject to conditions

- Confidentiality is the minor’s right

Question 4

“Professional Therapy Never Includes Sex”

Answer 4

• State produced brochure with information on therapeutic boundaries and how to file complaints
• If a therapist becomes aware through a client that the client had alleged sexual intercourse, sexual behavior, or sexual contact with previous psychotherapist during prior treatment, the therapist must give the client this brochure
• Must give brochure and document that they got the brochure

Question 5

Mandated Reporting-Reasonable Suspicion

Answer 5

• If others in the same profession with the same information would suspect abuse, you should too
• If you have reasonable suspicion, when operating within your professional role, you must report

Question 6

Adult and Dependent Adult Abuse

Answer 6

• Any person who is 65 years or older who is a resident of California
• A dependent adult generally refers to people:
• 18 years old up to 65 years old who is a California resident
• With physical or mental limitations restricting ability to carry out normal activities or protect own rights
• Any inpatient in 24 hour health facility

Question 7

Adult and Dependent Adult Abuse: What is Reportable?

Answer 7

• Physical abuse
• Includes over or under medication
• Abandonment
• Abduction - taken out of state against their will
• Isolation
• Financial abuse - perpetrator has “unfair advantage” against victim
• Neglect (including self-neglect)

Question 8

Maintain documentation:

Answer 8

• Maintain documentation for at least 7 years after last clinical contact
• For minors, 7 years after they turn 18

Question 9

Requests for information

Answer 9

• Subpoena - must respond
• First, contact your professional liability attorney
• Second, assess for source and validity
• Third, contact client and find out what they want to do next - do they want to wave privilege?
• If you cannot contact the client, you should assert privilege on the client’s behalf

Question 10

Exceptions to Privilege - Judges Decide if there is an Exception to Privilege, Not Therapists

Answer 10

• Client makes their emotional condition an issue in a lawsuit
• Client alleges breach of duty by the therapist
• Evaluation or therapy is taking place by court order
• A criminal defendant has requested the evaluation or therapy to verify sanity
• If the client is under 16, and is the victim of a crime, and the therapist believes that disclosing the information is in the client’s best interest
• Client is using therapist in a crime - unclear?!