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MFT Law and Ethics Exam > Ethical Vs Legal > Flashcards

Flashcards in Ethical Vs Legal Deck (32)
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1

Legal, Ethical (or both)

Advertising

Legal + Ethical

Do not engage in false or misleading advertising

(ethical) Do not solicit testimonials from clients

2

Ethical, Legal (or both)

Release of Information

Legal + Ethical

Anyone 12yr+ should sign release

All members of treatment unit who are 12+ should sign

3

Ethical, Legal (or both)

Business practices

Legal

Must post license
Disclose owner's name
License of business

4

Ethical, Legal (or both)

Child Abuse

Legal

Mandated report if reasonable suspicion

(ethically BBS likes you to process need to report w/ct)

5

Ethical, Legal (or both)

Confidentiality

Legal + Ethical

(legal)
HIPAA- provide NPP
maintain confidentiality except when mandated or permitted to break it

(ethical)
inform of limits, maintain confidentiality, except when mandated or permitted to break it

6

Ethical, Legal (or both)

Consultation

Ethical

Should be done when clinically indicated + protect identity of client

7

Ethical, Legal (or both)

Countertransference

Ethical

manage it + seek consultation when problematic

8

Ethical, Legal (or both)

Dual Relationships/Conflict of Interests

Ethical

Avoid dual relationships b/c of potential conflict of interest; manage unavoidable dual relationships

9

Ethical, Legal (or both)

Diveristy

Ethical

Understand cultural factors affecting clinical issues

10

Ethical, Legal (or both)

Elder/Dependent Abuse

Legal

Mandated report if reasonable suspicion; Report to appropriate agency (APS if at home; Police if at nursing home)

*ethical- bbs likes you to process need to report with client

11

Ethical, Legal (or both)

Fees

Legal + Ethical

Disclose fees

(ethical) manage fees; disclose fee policies; alert ct before using collections agency; consider ability to pay for services

12

Ethical, Legal (or both)

Gifts

Ethical

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

13

Ethical, Legal (or both)

Groups

Ethical

Discuss issues of confidentiality

14

Ethical, Legal (or both)

Danger to others

Legal

Assess for harm
notify police if there is imminent plan
possibly notify victim if clinically appropriate

15

Ethical, Legal (or both)

HIPAA

Legal

Comply with HIPAA when electronically communicating with 3rd party payers

16

Ethical, Legal (or both)

Informed consent

Legal + ethical

(legal) disclose fees; signed for minor; potential risks

(ethical) alternate treatments; office policies; confidentiality limits; therapist background

17

Ethical, Legal (or both)

Insurance

Legal + ethical

(legal) illegal to submit false claims

(ethical) advocate if needed services are denied; advise client that information would be shared with insurance; avoid false claims

18

Ethical, Legal (or both)

Issues with other therapists

Ethical

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

19

Ethical, Legal (or both)

Personal Problems

Ethical

Seek professional healp for mental health/substance abuse issues (DUI can result in suspencion of license)

20

Ethical, Legal (or both)

Privilege

Legal + Ethical

(legal) Only applies to legal situations; Notify client of subpeona; Assert privilege

(ethical) Inform client of potential risks of waiving privilege

21

Ethical, Legal (or both)

Records

Legal + Ethical

(legal) Maintain sound records for 7 years or until minor is 25; Keep records locked and secure; Comply with record requests appropriately; Never alter records

(ethical) Maintain sound records; do not withhold for lack of payment; protect client records

22

Ethical, Legal (or both)

Referral

Legal + ethical

(legal) Illegay to pay or receive payment for referrals

(ethical) unethical to pay or receive payments for referrals; provide clinically appropriate referrals

23

Ethical, Legal (or both)

Scope of Competence

Ethical

Should only work within bounds of education, skills & training, stay current with skills

24

Ethical, Legal (or both)

Scope of Practice

Legal

Must work within legally defined scope

25

Ethical, Legal (or both)

Self-determination

Ethical

avoid advice giving
support clients to make own decisions
jointly create treatment plan

26

Ethical, Legal (or both)

Sexual Relations

Legal + Ethical

(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) includes sexual relationships with relatives/friends of client; avoid treating someone with whom you've had a previous sexual relationship

27

Ethical, Legal (or both)

Standard of Care

Legal

Therapists must provide care that mets standards

28

Ethical, Legal (or both)

Suicide

Legal + Ethical

Meet standard of care; assess; intervene according to level of risk

addressing overall well-being of client

29

Ethical, Legal (or both)

Telehealth

Legal + Ethical

(legal) obtain informed consent; follow jurisdictional laws (clients location); provide license number; document efforts to obtain local resources in case of emergency; each session determine if telehealth is appropriate for client

(ethical) provide appropriate resources in case of emergency; determine that technologically assisted services are appropriate for clients; inform clients of the potential risks and limitations associated with technologically assisted services; ensure security of communication; follow jurisdictional laws (clients location)

30

Ethical, Legal (or both)

Termination

Ethical

Terminate when client is no longer benefitting
Provide referrals for premature termination
Maintain professional will