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PSC 168 > Chapter 19: Legal and Ethical Issues > Flashcards

Chapter 19: Legal and Ethical Issues Flashcards

1
Q

What does the APA’s ethics code include in regards to sex?

A
  • No sex w/ current clients
  • No sex w/ former clients until at least 2 years after termination of therapy
  • No therapy w/ former sex partners
  • In general, avoid “dual relationships” (personal or professional)
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2
Q

In what situations must confidentiality be breached?

A
  • Child abuse
  • Older or dependent adult abuse
  • To prevent a serious crime of violence against an identifiable person
  • Records are being subpoenaed by the courts
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3
Q

Define confidentiality. When & in what way is a client informed?

A
  • Principle that certain professionals will not divulge the info they obtain from a client
  • Client informed in writing of exceptions before starting therapy
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4
Q

What kind of child abuse merits the breach of confidentiality? Who is it reported to?

A
  • Physical abuse
  • Emotional, verbal abuse
  • Neglect
  • Sexual abuse
  • Repots made to CPS or local police
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5
Q

What are the different forms of child sexual abuse?

A
  • Sexual assault (rape)
  • Molestation
  • Incest
  • Sexual exposure
  • Sexual exploitation
  • Sexual grooming
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6
Q

What age defines a child?

A

Under 18

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7
Q

What age defines an “elder adult”?

A

Age 65 and above

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8
Q

What defines a “dependent adult”?

A

Mentally or physically disabled

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9
Q

What are the forms of elder/dependent adult abuse?

A
  • Physical abuse
  • Sexual abuse
  • Emotional, verbal abuse
  • Neglect
  • Isolation
  • Abandonment
  • Fiduciary (financial) abuse
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10
Q

What is the psychologist legally obligated to do when a client makes a believable threat of serious bodily harm against an identifiable person?

A
  • Call the police w/ this info

- Make a reasonable effort to warn the intended victim

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11
Q

Define “Duty to Protect”? Aka?

A
  • Therapists must break confidentiality in order to protect a person who may be the intended victim of a client
  • Aka Tarasoff decision/ruling
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12
Q

Define commitment.

A

Involuntary confinement in a mental health treatment facility

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13
Q

What are the 2 kinds of commitment?

A
  • Civil

- Criminal

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14
Q

Define civil commitment.

A
  • Involuntary psychiatric hospitalization based on a person’s state of mental health
  • Not based on a criminal violation
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15
Q

What does it say in sec. 5150 in the CA WIC?

A

If due to a mental disorder, there is danger to self or others or if a person is gravely disabled, this person may be placed on an up to 72 hr hold for evaluation and treatment in a mental health facility designated by the County

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16
Q

What does the Patients’ Bill of Rights include?

A
  • Right to the least restrictive environment
  • Right to treatment
  • Right to refuse treatment
  • Access to telephone, mail, visitors, privacy, TV
17
Q

What does the Weapons Restriction Law state in concordance with section 5150? 5250?

A
  • 5150 = 5 year firearm prohibition

- 5250 = lifelong firearm prohibition

18
Q

Define criminal commitment.

A

Legal process by which people accused of a crime are instead judged to be mentally unstable and sent to a mental health facility for treatment

19
Q

What are the 2 aspects of criminal commitment?

A
  • Competency to stand trial

- Insanity defense

20
Q

Define competency to stand trial.

A

Defendant’s mental state at the time of the psychological evaluation, after the arrest but before the trial

21
Q

What does a competency evaluation determine about a defendant?

A
  • Understands the charges
  • Understands the legal process
  • Is able to use counsel in own defense
  • Is in contact w/ reality
22
Q

What happens if a defendant is not found competent to stand trial?

A
  • Commitment to a secure psychiatric treatment facility
  • Will stay there until mental state is stabilized
  • Will undergo court proceedings
  • May or may not plead “Not Guilty by Reason of Insanity” at any time
23
Q

What is insanity defense?

A
  • Plea for “Not Guilty by Reason of Insanity”

- Refers to mental state at the time of the crime

24
Q

What fraction of those acquitted for NGRI have schizophrenia?

A

2/3

25
Q

Insanity defense is used in what percentage of violent crimes going on trial?

A

Less than 1%

26
Q

Of those who plead NGRI, what percentage of them are actually found NGRI?

A

25%

27
Q

What does it mean to be “guilty but mentally ill?

A

Defendants are guilty of committing a crime but are also suffering from a mental illness that should be treated during their imprisonment

PSC 168 (18 decks)

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