Final Exam Flashcards

(69 cards)

1
Q

Tarasoff/Ewing and HIV/AIDS

A

NOT TARASOFF

No duty to warn or protect, therapists not MDs and cannot diagnose medical disorders

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2
Q

Informed Consent empowers patient to: (3)

A

Gain information
Ask questions
Assist in own recovery

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3
Q

Empowered Collaboration (3)

A

Two fully engaged and committed people
Shows respect for client as a person, not a diagnosis
Gives client autonomy and self-determination

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4
Q

Four elements required for valid Informed Consent

A

Capacity
Comprehension of information
Voluntary
Document

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5
Q

Informed Consent and Empowered Collaboration are…

A

Ongoing and organic

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6
Q

Four mechanisms of accountability

A

Licensing boards
Ethics committees
Civil suits of malpractice
Criminal allegations

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7
Q

Four elements of a civil lawsuit

A

Duty of care
Standard of care
Demonstrable harm
Proximate cause

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8
Q

Skype and HIPPA - three requirements to be a covered entity

A

Health care provider + transmits information electronically + conducts covered transactions

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9
Q

Skype and HIPPA - three requirements to be a covered entity

A

Health care provider + transmits information electronically + conducts covered transactions

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10
Q

Delayed Discovery Rule

A

Statute of limitations begins UPON DISCOVERY of injury, not upon injury

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11
Q

Most common use of Delayed Discovery Rule

A

Sexual abuse cases

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12
Q

Burden of proof - civil standards

A

Preponderance of evidence (51%)

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13
Q

Burden of proof - criminal standards

A

Beyond a reasonable doubt (99%)

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14
Q

What is “take steps”?

A

Rule of least restrictive treatment requires us to take steps prior to hospitalization

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15
Q

7 steps prior to hospitalization (Rule of Least Restrictive Treatment)

A
Increase frequency of sessions
Phone contact
Support system
Medication
Adjunctive treatment
Agreement
Hospitalization
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16
Q

Record Keeping (7-year rule)

A

Retain records for 7 years following discharge AND 7 years from the patient’s 18th birthday (25 years)

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17
Q

Time frame for completion of electronic records

A

24-48 hours OR by end of week

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18
Q

Multiple Relationship with… (3)

A

the client OR a person closely associated with client OR promises to enter another relationship

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19
Q

Consequences of Multiple Relationships to patients (7)

A
Patient suicide
Guilt & shame
Delayed reaction (PTSD)
Increased rage
Patient feels (and is) victimized
Decreased self-esteem
Major depression
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20
Q

Multiple Relationship risk factors

A
Practicing in isolation
No association memberships
Rural area
Vulnerable due to own issues
Need for patient approval
Poor self-esteem
Low self-assertion
Middle-aged or older
Male
Young female patients
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21
Q

Multiple Relationship risk factors

A
Practicing in isolation
No association memberships
Rural area
Vulnerable due to own issues
Need for patient approval
Poor self-esteem
Low self-assertion
Middle-aged or older
Male
Young female patients
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22
Q

Title of Sexual Exploitation Brochure

A

Therapy Never Includes Sexual Behavior

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23
Q

Penalty for sex with patient (2)

A

Automatic license revocation + criminal felony

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24
Q

When is sex with patient is illegal? (3)

A

While in therapy
Within two years of termination
Therapeutic deception

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25
Original Tarasoff
CSI Communicated directly to therapist Serious threat of physical harm Identifiable vicitm
26
Hedlund
Duty to protect potential bystanders
27
VA
Seek past records - protect in absence of stated threat
28
Ewing
Communicated to therapy OR immediate family or reliable other FOR the purpose of advancing therapy
29
Ewing
Communicated to therapy OR immediate family or reliable other FOR the purpose of advancing therapy
30
Duty to warn vs Duty to protect
Mandated to breach confidentiality (OG Tarasoff) vs Permitted to breach confidentiality (Revised Tarasoff)
31
Does Tarasoff apply to suicide? (Bellah v Greenson)
``` Don't know! Case dismissed (no duty to warn in case of suicide, statute of limitations ran out) ```
32
Two benefits of Appropriate Therapist self-disclosure
Clients report reduction in symptom distress | Clients like therapist more
33
T/F Benefits of Therapist self disclosure require a positive therapeutic alliance
True
34
T/F Benefits of Therapist self disclosure require a positive therapeutic alliance
True
35
When do you send a client for further evaluation or consultation?
When therapy is threatened or endangered by the patient
36
Prior to termination, psychologists must provide...(2)
Pre-termination counseling Recommend alternative services as appropriate EXCEPT when precluded by the actions of the patient or payor
37
Four elements of proper termination
Consult/document No crisis Reasonable notice (30-90 days) Proper referrals
38
Three elements of proper referrals
Available Similar fee Theoretical orientation
39
Results of Menendez Ruling (2)
Threats eliminated legal right to maintain confidentiality | Therapy ends the moment the therapist is threatened or in danger
40
Jennifer Keeton
Cannot counsel LGBTQ is immoral due to religious beliefs Public universities can require students to follow Code of Ethics that conflicts with religious beliefs Code of Ethics > religious freedom/free speech
41
Julea Ward
CAN ask to refer out LGTBQ clients on religious grounds (Conscience Clause)
42
Conscience Clause
Relieves a person from compliance on religious grounds | state by state issue
43
California Conscience Clause case
Pharmacist right to refuse prescribing abortion pill or contraception
44
Beliefs vs Behaviors
Beliefs are independent of ethics vs Behaviors must abide by ethics
45
Bracketing
Managing personal values so they do not contaminate therapy
46
Child must be ____ years old and have a _____ factor to consent to therapy
12 years old; maturity factor
47
Dire Exemption
Minors may be seen without parental consent if the situation is dire (suicide, homicide, etc)
48
Two types of custody
Legal (Decisions) | Physical (Location)
49
8 Required Reports of Elder/Dependent Abuse
``` Physical/sexual Neglect, even unintentional Abandonment Isolation Financial Self-Neglect Abduction Psychological Abuse ```
50
When to report Elder/Dependent Abuse
Therapist observes Therapist has knowledge Therapist is told Therapist has reasonable suspicion
51
How to report Elder/Dependent abuse
Phone - immediately | Report form - within two working days
52
4 Required Reports of Child Abuse
Sexual abuse Neglect Willful cruelty/unjustifiable punishment Unlawful corporal punishment or injury
53
When to report Child Abuse
Reasonable suspicion
54
How to report Child Abuse
Phone - immediately | Report form - within 36 hours of reasonable suspicion
55
``` Old vs New Terms Divorce > Defendant > Plaintiff > Alimony > ```
Dissolution Respondent Petitioner Spousal Support
56
Family Code 3151
The child’s counsel appointed by the court may hold privilege Judge may appoint to pull therapist out of the middle
57
Two ways judge can rule in conflict between couples or minors/parents
Patient-therapist privilege (no disclosure) | Third party rule (cannot prevent disclosure)
58
Subpoena (3)
From attorney Strongly requests recipient to follow Do not respond without patient consent
59
Court Order (3)
From presiding judge Demands/compels recipient to follow Must respond without patient
60
T/F A subpoena alone does not override disclosure requirements without consent of the patient
True
61
T/F HIPAA does not regulate information disclosures to the legal system, but licensing laws still apply with subpoena
True
62
T/F State laws require a signed patient authorization for disclosure of information with subpoena
True
63
How to properly handle subpoena (8)
``` Properly Served Validity Waiver By Patient Failure to Object (NOT a waiver) 15 Days to Release Motion to Quash Court Order In Camera Meeting ```
64
What year was the APA Ethics Code updated?
2017 (enforceable and unenforceable)
65
Intersectionality
Intersecting social identities related to systems of oppression/discrimination
66
Cultural Humility
Not knowing
67
Encapsulation
Ignorance of another's culture
68
Three Dimensions of Multicultural Competency
Therapist self-awareness Therapist understanding Skill in using interventions
69
Empowered collaboration should be...(2)
ongoing and organic