ABCs of Legal v Ethical

Question 1

Advertising

Answer 1

Yes Legal - do not engage in false misleading advertising

Yes Ethical - avoid false/misleading advertising; avoid/correct misleading claims and info; do not solicit testimonials from vulnerable clients

Question 2

Authorization to share information

Answer 2

Yes legal - anyone 12+ should sign a release

Yes ethical - all members of treatment unit who are 12+ should sign

Question 3

Business practices

Answer 3

Legal - post license; disclose owners name and license of business

Question 4

Child abuse

Answer 4

Yes Legal- mandated reporter if reasonable suspicion

No ethical - but BBS likes you to process need to report with client

Question 5

Confidentiality

Answer 5

Yes Legal - HIPAA - provide NPP; Maintain confidentiality except when mandated or permitted to break it

Yes Ethical - Inform of limits; Maintain confidentiality except when mandated or permitted to break it

Question 6

Consultation

Answer 6

Ethical - Should be done when clinically indicated; Protected identity of client

Question 7

Countertransference

Answer 7

Ethical - Manage it; Seek consultation when problematic

Question 8

Dual relationships/Conflict of Interests

Answer 8

Ethical - Avoid dual relationships because of potential conflict of interest; Manage unavoidable dual relationships

Question 9

Diversity

Answer 9

Ethical - Understand cultural factors affecting clinical issues

Question 10

Elder/Dependent Abuse

Answer 10

Legal Yes- Mandated report if reasonable suspicion; report to appropriate agency

Ethical No- But BBS likes you to process need to report with client

Question 11

Fees

Answer 11

Legal Yes - disclose fees

Ethical Yes - Manage fees; disclose policies; alert client before using collections; consider ability to pay for service

Question 12

Gifts

Answer 12

Ethical - Do not give or receive gifts that could compromise integrity of therapy; consider monetary value and clinical significance

Question 13

Groups

Answer 13

Ethical Yes - Disclose issues of confidentiality

Question 14

Harm to others

Answer 14

Legal - Assess for harm; notify police if there is imminent plan; Possibly notify victim if clinically appropriate

Question 15

HIPAA

Answer 15

Legal - Comply with HIPAA when electronically communicating with third-party payers

Question 16

Informed Consent

Answer 16

Yes Legal - Disclose fees; signed for minor; if fictitious business name is used, name and license of owner; technology utilization; License status; License number; NPP if HIPAA-covered entity; Notice where complaints can be filed

Yes Ethical - Alternate treatments; office policies; Limits of confidentiality; therapist background

Question 17

Insurance

Answer 17

Yes Legal - Ilegal to submit false claims; advise patients of info that will likely be disclosed to third-party payer

Yes Ethical - advocate if needed services are denied; advise client that information would be shared with insurance; avoid false claims

Question 18

Issues with other therapists

Answer 18

Ethical - Support when compromised; do not see a client who is being treated by another therapist; do not solicit clients from other therapists

Question 19

Personal Problems

Answer 19

Ethical - seek professional help for mental health/substance abuse issues. (DUI can result in suspension of license.)

Question 20

Privilege

Answer 20

Legal Yes - only applies to legal situations; notify client of subpoena; assert privilege

Ethical Yes - should inform client of potential risks of waiving privilege

Question 21

Records

Answer 21

Yes Legal - Maintain sound records for 7 years or until minor is 25; keep records locked and secured; comply with record requests appropriately; never alter records

Yes Ethical - maintain sound records; do not withhold for lack of payment; protect client records

Question 22

Referral

Answer 22

Legal - Illegal to pay or receive payments for referrals

Ethical - Unethical to pay or receive payments for referrals; provide clinically appropriate referrals

Question 23

Scope of Competence

Answer 23

Ethical - should only work within bounds of education, skills, and training; stay current with skills

Question 24

Scope of Practice

Answer 24

Legal - Must work within legally defined scope

Question 25

Self-Determination

Answer 25

Ethical - avoid giving advice. Support client to make own decisions; jointly create treatment plan

Question 26

Sexual Relations

Answer 26

Legal - Illegal to have sexual contact during therapy and for 2 years following; must provide brochure if adult client discloses sexual activity with past therapist Ethical - also includes sexual relationships with relatives/friends of client; avoid treating someone with whom you’ve had a previous sexual relationship

Question 27

Standard of Care

Answer 27

Yes Legal - Legally therapist must provide care that meets standards No Ethical - but ethically standards contribute to standard of care

Question 28

Suicide

Answer 28

Legal Yes- Meet standard of care; Assess; intervene according to level of risk Ethical Yes- Addressing overall well-being of client

Question 29

Telehealth

Answer 29

Yes legal - obtain informed consent; follow jurisdiction laws (client’s location); provide license number; document effort to obtain local resources in case of emergency; each session determine if telehealth is appropriate for client Yes ethical - provide appropriate resources in case of emergency; determine that technologically - assisted services are appropriate for clients; inform clients of associated with telehealth; ensure security of communication; follow jurisdictional laws (client’s location)

Question 30

Termination

Answer 30

No legal - but should avoid abandonment Yes ethical - terminate when client is no longer benefiting; provide referrals for premature termination; maintain profession will

Question 31

Treating Minors

Answer 31

Yes Legal - comply with consent laws; can deny parents access to records if harmful to patient or treatment No ethical - but should manage issues of confidentiality

Question 32

Treating multiple people in treatment unit

Answer 32

Ethical - should consider and discuss risks/conflicts of interest; review informed consent for new treatment unit; discuss “secrets policies”