Chapter 19: Legal and Ethical Issues Flashcards Preview

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Flashcards in Chapter 19: Legal and Ethical Issues Deck (27)
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1

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

-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)

2

In what situations must confidentiality be breached?

-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

3

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

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

4

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

-Physical abuse
-Emotional, verbal abuse
-Neglect
-Sexual abuse
-Repots made to CPS or local police

5

What are the different forms of child sexual abuse?

-Sexual assault (rape)
-Molestation
-Incest
-Sexual exposure
-Sexual exploitation
-Sexual grooming

6

What age defines a child?

Under 18

7

What age defines an "elder adult"?

Age 65 and above

8

What defines a "dependent adult"?

Mentally or physically disabled

9

What are the forms of elder/dependent adult abuse?

-Physical abuse
-Sexual abuse
-Emotional, verbal abuse
-Neglect
-Isolation
-Abandonment
-Fiduciary (financial) abuse

10

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

-Call the police w/ this info
-Make a reasonable effort to warn the intended victim

11

Define "Duty to Protect"? Aka?

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

12

Define commitment.

Involuntary confinement in a mental health treatment facility

13

What are the 2 kinds of commitment?

-Civil
-Criminal

14

Define civil commitment.

-Involuntary psychiatric hospitalization based on a person's state of mental health
-Not based on a criminal violation

15

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

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

16

What does the Patients' Bill of Rights include?

-Right to the least restrictive environment
-Right to treatment
-Right to refuse treatment
-Access to telephone, mail, visitors, privacy, TV

17

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

-5150 = 5 year firearm prohibition
-5250 = lifelong firearm prohibition

18

Define criminal commitment.

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

What are the 2 aspects of criminal commitment?

-Competency to stand trial
-Insanity defense

20

Define competency to stand trial.

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

21

What does a competency evaluation determine about a defendant?

-Understands the charges
-Understands the legal process
-Is able to use counsel in own defense
-Is in contact w/ reality

22

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

-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

What is insanity defense?

-Plea for "Not Guilty by Reason of Insanity"
-Refers to mental state at the time of the crime

24

What fraction of those acquitted for NGRI have schizophrenia?

2/3

25

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

Less than 1%

26

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

25%

27

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

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