Ethics Final Exam Flashcards
(37 cards)
What does PHI stand for?
Personal Health Information
Definition: any health information used to identify a client that relates to physical or mental health, relating to a past, present, or future condition, for both living and deceased individuals
What do Byrne v. Avery Center for Obstetrics and Gynecology give us?
HIPAA could be used in establishing standard of care in a breach of contract suit.
What agreement do you use for billing services, accountants, or other services that ensures they are HIPAA compliant?
Business Associate Agreement
What does CE stand for?
Covered Entity
T or F: most treatment information may be shared for purposes of treatment, payment, or health care operations
True
What are psychotherapy notes?
notes recorded (in any medium) by a health care provider who is a mental health professional documenting or analyzing the contents of conversation during a private counseling session or a group, joint, or family counseling session and that are separated from the rest of the individual’s medical record (HIPAA, 45 C.F.R. §164.501).
What did Tarasoff v. Regents give us?
Duty to warn.
The case involved a client who said he was going to kill a an ex girlfriend and so the therapist called the police who questioned the client and then left. The therapist should have attempted to find the girl and warn her.
“The protective priviledge ends where the public peril begins”
To prove malpractice client must prove (3):
1) The therapists actions fell below the standard of care.
2) That the client or third party was injured and
3) that the party’s “damages” were due to the lack of care
What is malpractice?
A lawsuit brought by a therapists client or a third party.
What is an NPP?
“Notice of private practices” educates clients as to their privacy rights, as well as potential uses and disclosures of their PHI.
Define Priviledge
a right owned by the client to not have their private information disclosed in court
What did Jaffee v. Redmond give us?
Gave us priviledge.
In the case, therapist was asked in court to disclose information and the therapist did not disclose it for the benefit of the client. This was good!
What happened in Ward v. Willbanks
“graduate student Julea Ward adamantly refused to work with a gay client”
What is Keeton v. Anderson-Wiley
“a graduate student attending Augusta State University expressed that she preferred not to engage in therapy with LGBT clients unless it involved conversion therapy.”
What is the most common allegation in malpractice suits?
Sexual Misconduct pg. 122
What are the 4 components of decision-making?
What are the ethical components? ́
What are the clinical components? ́
Are there any potential legal issues? ́
Are there any professional issues to reflect upon?
What are the 6 moral principles of autonomy?
Autonomy, nonmaleficence, beneficence, justice, veracity and fidelity
What is TPO?
Treatment, Payment, Operations
It is unethical to be sexually attracted to a client?
No. “Experiencing sexual attraction to a client is not itself unethical…It is making the choice to act on the attraction or denies the attraction to the point at which it impedes therapy that is unethical”
Can I be sexually intimate with a former client?
No “Sexual Intimacy is prohibited with ALL current AND former clients” -Ch 7 slides
What are some risk factors of suicide?
Previous suicide attempts ́Presence of a diagnosed mental illness ́Strong suicide ideation ́Reporting hopelessness ́Distress and anxiety ́Evidence of impulsive or self-destructive actions ́Access to lethal means/methods ́Significant psychosocial stressors ́Personal losses and exposure to other suicides ́Childhood trauma ́Substance abuse ́Identification within the LGBTQ community
Can you send a thank you card for receiving a new client referral?
No, because this violates confidentiality
What goes in the first section of the IC?
Therapist information including credentials, orientation, procedures,
What goes in the second section of the IC?
Client rights including rights to records, to be active in choosing therapist, right to refuse counsel, implications of refusing treatment, right to ask questions
