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Law & Ethics > Final Exam (Mike's study guide) > Flashcards

Final Exam (Mike's study guide) Flashcards

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1
Q

Homicide

A

o Duty to protect
o Permitted to breach
o Mandated to take steps

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2
Q

Suicide

A

o Mandated or permitted to breach
o Consult/Document
• Case by case basis
o Mandated to take steps

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3
Q

Bellah v Greenson

A

o It is unclear if Tarasoff applies to suicide

• Statute of limitation ran out so we do not have certainty

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4
Q

Goal of Crisis Intervention

A

o To bring client back to pre-morbid state, and to restore individuals to pre-crisis functioning

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5
Q

Menendez Case – confidentiality ruling

A

o Once therapist is threatened, therapy is over

• Oziel was threatened, and at that point therapy was over so the tapes were not part of therapy

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6
Q

Counter-Transference: 3 types

A
  1. CT to client’s transference – objective
  2. CT based on therapist’s archaic conflicts – subjective
  3. CT based on reality – objective
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7
Q

Informed Consent

A

good for length of treatment

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8
Q

Release of information

A

good for 12 months

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9
Q

Get consent for consult

A

when not using identifying information

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10
Q

Do not need consent for consult

A

when not using identifiable information

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11
Q

Standard of Care

A

getting a professional consult

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12
Q

Bracketing

A

suspend one’s own judgment for client’s sake

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13
Q

Unruh civil right act

A

damages 3x amount awarded

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14
Q

Conscience clause

A

religious freedom

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15
Q

Death with dignity

A

legal in CA

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16
Q

5 Limits of Confidentiality

A 
o	Child abuse
o	Elder abuse
o	Dependent abuse
o	Threat of harm to self
o	Threat of harm to others
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17
Q

Informed Consent

A

must be given at the outset of treatment (no later than 3rd session)

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18
Q

Sexual exploitation brochure

A

“Therapy never includes sexual behavior”

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19
Q

When is a psychotherapist required to breach confidentiality upon receiving a report from a patient he or she has been sexually abused by a former therapist?

A

Child/dependent/elder abuse

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20
Q

Barter – two types:

A

o 1. Products

o 2. Services (more risky)

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21
Q

DIRE exception

A

Minors may be seen for psychotherapy without parental consent if the therapist believes without the treatment the minor’s situation may become dire (e.g., suicide, homicide)

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22
Q

How to report child abuse – two required actions:

A

o 1. Immediately by phone

o 2. Prepare and send report (within 36 hours)

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23
Q

Daniel v Daniel (1990) Family Code 3151

A
  • The child’s counsel appointed by the court may hold privilege
  • Judge may appoint to pull therapist out of the middle
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24
Q

Upon becoming aware of elder or dependent abuse, when do you have to make the initial phone call to APS?

A

Immediately

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25
When to send pre-printed report to APS after becoming aware of elder/dependent abuse?
Within 2 working days
26
7 Types of mandated elder abuse reporting:
``` o 1. Physical and sexual assault o 2. Neglect o 3. Abandonment o 4. Isolation o 5. Financial o 6. Self neglect o 7. Abduction ```
27
Type of permitted elder abuse reporting:
o 1. Psychological abuse
28
CA “Elder” definition:
CA resident 65 and older
29
CA “Dependent” definition:
CA resident between ages 18-64 o Unable to care for oneself for a variety of reasons • Mentally or physically challenged
30
Three ways a client’s records can be sought:
o 1. Issuance of subpoena “ad testificandum” o 2. Issuance of subpoena “duces tecum” o 3. Court order (more powerful than a subpoena)
31
Subpoena duces tecum
Command to appear in court and bring specific documents
32
Notice to consumer
client knows his or her records are being sought
33
Valid subpoena
``` Notice to consumer Client knows about subpoena Get written release if possible Properly served by court clerk Issued by attorney – usually in civil proceeding ```
34
Court order
power of the judge
35
Subpoena ad testificandum
Legal demand to give testimony
36
Four elements of proper termination
1. CCC – DDD (consult and document) 2. No current crisis 3. Reasonable notice 4. Proper referral
37
Three elements of proper referral
1. Available 2. Similar fee 3. Theoretical orientation
38
When can you forgive the client co-pay?
When you have informed and cleared it with the insurance company
39
“Rational thinking loss”:
God told me to jump off a building, but told me I will not die doing this
40
“Irrational thinking”:
Youthful exuberance – I haven’t booked my first commercial yet, and I have been in Hollywood for three weeks
41
“Death by suicide”:
Currently accepted terminology
42
Informed Consent:
Good for length of treatment
43
Release of information:
Good for 12 months
44
Beliefs:
Personal values do not need to be changed, must follow ethics code
45
Behaviors
Must abide by the ethics codes related to discrimination
46
In CA, HIV/AIDS is not considered Tarasoff
True
47
Informed consent is suggested to be in writing, but is not law
True
48
Patient access to records:
Access to view – 5 days Access to copy – 15 days Summary of records – 10 days
49
Four elements that make Informed Consent valid:
1. Capacity 2. Comprehension of information 3. Voluntary 4. Document
50
Elements in Informed Consent
``` Office policies Client’s rights Limits of confidentiality Fees Insurance Emergency Cancellation policy Signature ```
51
Bracketing:
Managing personal values so they do not contaminate the counseling process
52
Conscience Clause:
A legislative provision that relieves a person from compliance on religious grounds
53
Julea Ward
dismissed from counseling program after refusing to counsel gay student
54
Dueling ethics codes:
Non-discrimination vs | Scope of competence
55
Forgiving and collecting the client co-pay
Must keep insurance company informed | May not forgive client co-pay as a contract for treatment
56
“Insurance” diagnosis
Must give correct diagnosis even if insurance company refuses reimbursement Insurance companies don’t want to pay for personality disorders or z-code
57
Billing for missed sessions
Ethics: Confidentiality with billing statement Legality: Indicate unattended session on statement
58
“Therapy never includes sexual behavior” – brochure
Give to client who reports sex with a former therapist At client’s request, a staff person may support or assist in reporting the incident, but should not pressure the client to report
59
Record keeping
Must keep records for 7 years from cessation of treatment, and 7 years past majority for minors
60
Court Order
Overrides need to obtain client consent A demand issued by a judge Must respond with or without client consent
61
Holder of privilege
Older minors – generally may hold their own privilege Younger minors – generally parent or legal guardian holds privilege General rule – decided in court by judge
62
3rd Party Rule:
US legal theory – people who voluntarily give information to 3rd parties have “no reasonable expectation of privacy”
63
Failure to report abuse
Misdemeanor | 6 months in jail or $1000 fine – or both
64
Purposely not report abuse
Misdemeanor | 1 year in jail or $5000 fine – or both
65
Child abuse
Reasonable suspicion Notify APS immediately by phone Prepare and send report within 36 hours
66
Divorce
dissolution
67
Defendant
respondent
68
Plaintiff
petitioner
69
Alimony
spousal support
70
Treating minors without parental consent (must have both)
1. Must be 12-17 years old | 2. Must be mature enough to have treatment (or danger to self or other without services)
71
Duty to warn vs duty to protect
Duty to warn refers to a counselor’s obligation to warn identifiable victims Duty to protect is a counselor’s duty to reveal confidential client information in the event that the counselor has reason to believe that a 3rd party may be harmed
72
Rule of least restrictive treatment
``` Before someone is hospitalized, is it possible to: Increase sessions support system medication consult agreement adjunctive treatment ```
73
When to Consult
``` Client deterioration Legal and ethical issues CT/burnout Uncertainty about diagnosis Lack of improvement Red flag issues: ```
74
Standard of care – four elements
1. Reasonable therapist 2. Ethics codes 3. Statute 4. Case law
75
Professionalism:
Working within own expertise Consultation or supervision in new area Maintaining knowledge of standard of care Maintaining personal mental health Practicing self-care Must practice professionalism when off-duty
76
Preventing Burnout – physical, emotional, mental exhaustion
Self-preparation for disappointments and lack of confidence Evaluate unrealistic self-expectations Continue replenishing: vacations, hobbies, active relationships, balance Consultation Personal therapy Work within competency
77
Patriot Act:
Federal court order sought from a federal judge – if approved, client’s records are sought We are not required to provide this information to anyone other than the person seeking it One time only
78
Child custody:
Legal – decisions | Physical – location
79
Types of child custody
Intact Domestic partnership – adoption Joint Sole

Law & Ethics (3 decks)

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