L&E Quiz Flashcards
(219 cards)
1
Q
Ignorance of the law is an acceptable legal defense for injuring clients.
A
False
2
Q
Clients have the right to sue their clinician for abandonment.
A
True
3
Q
A client is legally entitled to adequate information from the therapist before the client provides consent to treat.
A
True
4
Q
Clinicians should take additional steps, if necessary, to ensure a client’s comprehension of the informed consent contract.
A
True
5
Q
Couples should be informed that both reconciliation and separation are possible outcomes of therapy.
A
True
6
Q
Terminating services in order to pursue a social, financial, or sexual relationship with a client is acceptable.
A
False
7
Q
If a 13 year old seeks and consents for his own treatment, his parents still have a legal right to access his records.
A
False
8
Q
A therapist must obtain a signed informed consent prior to treatment.
A
False
9
Q
When treating a couple, the clinician only needs informed consent from one of the individuals.
A
False
10
Q
Termination rights for both the clinician and the client should be included in the informed consent.
A
True
11
Q
Legally, fees must be disclosed before the onset of therapy.
A
True
12
Q
A therapist should document that they obtained informed consent for treatment from a client.
A
True
13
Q
The therapist has an ethical and legal duty to inform clients of possible outcomes of treatment in order to remain within the standard of care.
A
True
14
Q
A therapist should obtain a distinct and separate informed consent for the use of any challenging or novel modalities, including any involving touch.
A
True
15
Q
The clinician is responsible for providing appropriate referrals for continuity of care when the client initiates termination.
A
False
16
Q
Managing confidentiality is a legal and ethical issue.
A
True
17
Q
The only exception to confidentiality are by a client’s written consent to release information or a legal mandate or legal permission to release information.
A
True
18
Q
If a husband calls for information about his wife who is in treatment, the therapist should assert privilege.
A
False
19
Q
The term privilege relates to the release of information in a legal setting.
A
True
20
Q
A therapist is obligated to break confidentiality if there is reasonable suspicion of child abuse.
A
True
21
Q
A therapist is obligated to break confidentiality if the client is suicidal.
A
False
22
Q
A therapist is mandated to break confidentiality if there is reasonable suspicion of elder abuse.
A
True
23
Q
If a client has a plan to vandalize someone’s car, the therapist should warn the victim and warn the police.
A
False
24
Q
If a new client indicated signs of hopelessness and depression, a prudent therapist would assess for suicide.
A
True
25
If a client makes a serious threat to harm an identifiable other, the therapist must warn the victim.
False
26
Someone over the age of 60 is considered an elder.
False
27
Therapists are mandated to report domestic violence.
False
28
If a 65 yr old woman shared that her husband hit her, the therapist should report domestic violence to the police.
False
29
When a clinician faces a legal action against them initiated by the client, the BBS, or a district attorney, the therapist is permitted to break confidentiality.
True
30
If another clinician contacts you stating that they have a release, you may provide the information requested.
False
31
A group confidentiality contract is a good way to clarify clients’ responsibility and protect the clinician.
True
32
When treating minors, it is the parent who holds privilege.
False
33
If an adult client shares they were a victim of child abuse as a minor and the perpetrator still has access to children, the therapist must file a child abuse report.
False
34
Therapists are always required to obtain written consent from a parent or guardian before releasing any confidential information about a minor client.
False
35
The parent or guardian must provide legal consent for a minor’s treatment if the minor is under 12.
True
36
It is a therapist’s legal responsibility to make an effort to learn and understand cultural assumptions of their client.
False
37
Providing false information to an insurance company for the purpose of obtaining treatment is ethically acceptable.
False
38
Therapists have an ethical responsibility to take reasonable care in maintaining client confidentiality while using electronic devices.
True
39
If an HIV+ client discloses intent to have unprotected sex with someone, the therapist has a legal duty to warn that individual.
False
40
When informed of child abuse, a therapist must make an immediate report and follow up with a written report within 24 hours.
False
41
When informed of elder or dependent adult abuse, a therapist must make the report immediately and follow up with a written report within 3 working days.
False
42
When filing a report, the therapist is allowed to share any information about the case that they think is relevant to report.
True
43
Therapists should document their reasons for filing an abuse report.
True
44
Privilege is the right of the client to maintain confidentiality regarding the legal system.
True
45
If a client initiates a lawsuit claiming emotional injury, attorneys for the opposing side are entitled to said client’s records.
True
46
Privilege is suspended if either client or therapist sues the other.
True
47
If a lawyer subpoenas a client’s records without a release, and the therapist is unable to contact the client, the therapist should turn over the records.
False
48
Professional duty begins as soon as the client enters into an implicit or explicit therapeutic contract.
True
49
A therapist may provide services without consent for treatment if the client is in a crisis.
True
50
Therapists have a professional duty to know when a specialist should be utilized.
True
51
Therapists have a professional duty to know when hospitalization is required.
True
52
Authorizations to release information must include an end date.
True
53
Therapists have an ethical professional duty to collaborate or refer to improve and protect the health and wellbeing of their client.
True
54
A Tarasoff condition only exists if a client expresses a serious threat to harm an identifiable victim.
False
55
A therapist is not mandated to report consensual sex between minors when they are between the ages of 14 and 18.
True
56
If a 16 year old is having consensual sex with her 21-year-old boyfriend, the therapist must file a child abuse report.
False
57
If a 15 year old is having consensual sex with her 21-year-old boyfriend, the therapist must file a child abuse report.
True
58
If a 13 year old is having consensual sex with her 15-year-old boyfriend, the therapist must file a child abuse report.
True
59
If a client makes a threat to an unidentifiable victim, the therapist must warn the police.
True
60
Therapists must maintain mental health records.
True
61
If a therapist receives a court order for client records, the therapist should assert privilege.
False
62
Therapists should investigate child abuse if they have reasonable suspicion.
False
63
If child abuse occurs in another state, the therapist is mandated to report the child abuse in the state in which it occurred.
False
64
A therapist should inform couples of their “secret” policy before the onset of treatment.
True
65
Statements made by a client’s immediate family members regarding the client’s serious danger to harm someone must be considered in Tarasoff situations.
True
66
Performing any professional services outside the scope of the license is acceptable if explained to the client.
False
67
Clinicians should not engage in dual or multiple relationships with clients or former clients when there is a risk of potential harm to the client.
True
68
When dual or multiple relationships are unavoidable, clients are responsible for setting clear, appropriate boundaries.
False
69
Therapists should avoid initiating treatment when there is a known dual relationship.
True
70
When a clinician provides services to two or more people who have a relationship to each other (e.g., couples, family members), the clinician should clarify the nature of their professional responsibilities to each individual.
True
71
Clinicians should under no circumstances engage in sexual activities or sexual contact with current clients, whether such contact is consensual or forced.
True
72
Clinicians should not engage in sexual activities or sexual contact with clients’ relatives or others with whom clients maintain a close personal relationship.
True
73
Clinicians should not provide clinical services to individuals with whom they have had a prior sexual relationship.
True
74
It is considered unprofessional conduct to engage in sexual relations with a client within two years following termination of therapy.
True
75
When obtaining a release of information, all members of the treatment unit who are old enough to consent should sign the release.
True
76
A therapist should report to CPS if they find out one of their clients is dealing drugs to junior high students in the area.
False
77
If a client has not had a complete medical evaluation in the last two years, a reasonable and prudent clinician should refer the client for a complete medical check-up.
True
78
Clinicians providing any treatment without a psychiatric consultation, when warranted, are considered to be practicing below the standard of care.
True
79
If the client has a legally designated conservator or guardian ad litem, then that person may exercise privilege on their behalf.
True
80
Parents may exercise the privilege on behalf of their child simply because they are that child's parents.
False
81
A clinician who receives a subpoena for the records of a minor client would not look to the parents or guardians for instructions on whether to release the records but would instruct the parents or guardians to petition the court for guardian ad litem status.
True
82
Clients have the right to revoke or modify release authorizations at will.
True
83
A therapist has a legal duty to prevent suicide.
False
84
Clinicians must take “appropriate preventive measures” to avert harm to suicidal clients
True
85
Ethically, it is acceptable to wait until the middle phase of treatment to determine who the unit of treatment is going to be.
False
86
Minors may only consent to their own treatment if they are over the age of 12 and are victims of abuse.
False
87
Clinicians are expected to recognize risk factors that can lead to actions resulting in harm to self or others.
True
88
Not keeping mental health records that meet the standard of care is considered illegal and unprofessional conduct.
True
89
A clinician can hospitalize a client when the client’s mental or physical state causes them to be in imminent danger of harming themselves or others.
False
90
Social isolation of an elder or dependent adult is a mandated report.
True
91
A clinician can be deemed legally negligent when their treatment plan neglects or overlooks a client’s suicidal tendencies.
True
92
When a client is over 18 years of age and discloses abuse they experienced as a child, the therapist is mandated to report it.
False
93
A clinician is mandated to report all child abuse, including on children residing outside California.
True
94
Therapists have 3 working days following a written request from a client to allow the client to inspect records.
False
95
A therapist should keep records for a minimum of 5 years to meet the standard of the profession.
False
96
A therapist has 15 days to provide the patient with a copy of the records.
True
97
A therapist may deny a client access to their records when the therapist determines that there is a high risk of detrimental consequences to the client if the client were to see the records.
True
98
The monetary value of the gift should be considered when deciding whether or not to accept a gift from your client.
True
99
Client records are the property of the client.
False
100
A therapist may deny a parent access to the minor’s record if the clinician believes releasing the records would have a detrimental effect on the therapeutic relationship.
True
101
A therapist may deny a parent access to the minor’s record if the minor’s well-being would be jeopardized by releasing records to a parent.
True
102
If parents are married, both must sign the informed consent to treat their minor child.
False
103
If parents were never married, either of them may consent for treatment of a minor child.
True
104
A 12 year old can consent for treatment if they are mature enough to participate intelligently in treatment.
True
105
If a minor consents to their own treatment, they are responsible for the fees.
True
106
Any advertisements must include either the exact title of the practitioner’s license or the license number.
False
107
It is unethical but legal to receive compensation for the referral of clients.
False
108
If a therapist uses the term “psychotherapy” or “psychotherapist” in advertisements, they must include their license number.
True
109
Clinicians have a professional duty to discuss with their clients how insurance companies will manage their confidential information.
True
110
Dual relationships between supervisors and supervisees are considered unprofessional conduct.
True
111
It is a therapist’s legal duty to challenge a “denial of services” from an insurance company.
False
112
The purpose of HIPAA is to standardize electronic patient health, administrative, and financial data.
True
113
It is unethical to accept gifts from clients.
False
114
When a person is unable to provide food, clothing, and shelter for themselves due to a mental disorder, they are considered gravely disabled.
True
115
The legal requirements for a 5150 (involuntary hold) include when a person is a danger to self or other due to mental illness or they are gravely disabled.
True
116
If a therapist learns that a client had sex with a previous therapist, they should file a complaint with the BBS.
False
117
If a therapist learns that a client had sex with a previous therapist, they should provide the client with the brochure from the BBS outlining their rights and discuss the brochure’s contents.
True
118
Termination may not be appropriate when a client is hospitalized, in crisis, or actively suicidal.
True
119
When termination is initiated by the therapist, consultation is important to ensure that the therapist's reasons for termination and management of the termination process are consistent with community standards and the standard of care.
True
120
A therapist must obtain signed written consent to provide teletherapy.
False
121
A professional will explains who is responsible for a therapist’s files and clients if the therapist dies.
True
122
When there is a request for information related to any aspect of psychotherapy, each member of the treatment unit should sign the authorization before the disclosure of information.
True
123
A therapist should immediately terminate treatment with a client if the therapist is unable to effectively manage their countertransference.
False
124
If a therapist suspects that a colleague is unable to perform their professional duties due to personal issues (e.g., substance abuse, mental health problems), the therapist should first report them to the BBS.
False
125
Therapists should refrain from bartering for services.
True
126
Therapist should explain how fees will be managed, including in the event that the client has not paid their fees.
True
127
A therapist has a legal right to withhold a client’s records if they have not paid their fees.
False
128
Therapist should inform clients, to the extent possible, about the disclosure of confidential information and the potential consequences, when feasible before the disclosure is made.
True
129
If a therapist’s records are stolen, the therapist should file a police report and notify the clients.
True
130
If a therapist observes an act of child abuse while shopping at the mall, the therapist is mandated to make a report.
False
131
HIPAA standards apply if a therapist communicates electronically.
False
132
It is legal but unethical to advertise false skills and specialties.
False
133
The font on an authorization to release information must be at least 12 point.
False
134
Changing a client’s diagnosis to ensure payment by insurance is acceptable with client’s consent.
False
135
A therapist must notify the BBS of change of name or address within 30 days.
True
136
An incarcerated client loses their right to privilege.
False
137
A baby who tests positive for drugs at birth would require a mandated child abuse report.
False
138
A therapist must notify the BBS of any convictions, including a DUI, within 30 days.
True
139
A conflict of interest occurs when there is a dual relationship between the therapist and client where the therapist may have personal investment and become biased with treatment.
True
140
Parents who are in prison lose their rights to access their minor child’s records.
False
141
After a client dies, the client’s designated personal representative or the legal executor of their estate has a right under law to access the records.
True
142
A minor may not consent to convulsive therapy, psychosurgery, or psychotropic medication without the consent of the minor’s parent or guardian.
True
143
During the initial session, informed consent should include a discussion of the risks and benefits of treatment and the purpose of therapy.
True
144
If a therapist is on an insurance panel, and the insurance conducts an audit requesting client records, the therapist must provide copies of the records.
True
145
Timeline to respond to client request of records
5 days to allow client to inspect.
10 days to provide a summary.
15 days to provide a full copy.
146
Child abuse reporting timeline
File report immediately (phone call). Provide written report w/in 36 hrs.
147
Four parts of Standard of Care
Statues (Laws)
Licensing Board Requirements
Ethical Codes
Consensus of Professionals
148
Advertising:
Legal?
Ethical?
Legal Issue: Yes. Do not engage in misleading advertising.
Ethical Issue: Yes. Avoid misleading advertising. Avoid/correct misleading claims and info; don't solicit testimonials from vulnerable clients.
149
Authorization to Share Information (ROI):
Legal?
Ethical?
Legal: Yes. Anyone 12+ should sign release.
Ethical: Yes. All members of treatment unit who are 12+ should sign.
150
Business Practices:
Legal?
Ethical?
Legal: Yes. Post license. Disclose owner's name and license of business.
Ethical: No
151
Child Abuse:
Legal?
Ethical?
Legal: Yes. Mandated report if reasonable suspicion.
Ethical: No, but BBS likes you to process need to report with client.
152
Confidentiality:
Legal?
Ethical?
Legal: Yes, HIPPA - Provide NPP; maintain confidentiality except when mandated or permitted to break it.
Ethical: Yes, inform of limits, maintain confidentiality except when mandated or permitted to break it.
153
Consultation:
Legal?
Ethical?
Legal: No.
Ethical: Yes, should do when clinically indicated, protect the id of the client
154
Countertransference:
Legal?
Ethical?
Legal: No.
Ethical: Yes. Manage it, seek consultation when problematic.
155
Dual Relationship/Conflict of Interest:
Legal?
Ethical?
Legal: No
Ethical: Yes, avoid dual relationships bc of potential conflict of interest, manage unavoidable dual relationships
156
Diversity:
Legal?
Ethical?
Legal: No
Ethical: Yes. Understand cultural factors affecting clinical issues.
157
Elder/Dependent Abuse:
Legal?
Ethical?
Legal: Yes. Mandated report if reasonable suspicion. Report to appropriate agency.
Ethical: No, but BBS likes you to process need to report with client.
158
Fees:
Legal?
Ethical?
Legal: Yes, disclose fees before onset of therapy.
Ethical: Yes. Manage fees, disclose fee policies, alert client before using collections, consider ability to pay for services.
159
Gifts:
Legal?
Ethical?
Legal: No
Ethical: Yes. Do not give or receive gifts that could compromise integrity of therapy; consider monetary value and clinical significance.
160
Groups:
Legal?
Ethical?
Legal: No
Ethical: Yes. Discuss issues of confidentiality.
161
HIPAA:
Legal?
Ethical?
Legal: Yes. Comply with HIPAA with electronically communicating with third party payers.
Ethical: No.
162
Harm to Others:
Legal?
Ethical?
Legal: Yes. Assess for harm. Notify police if there is imminent plan, possibly notify victim if clinically appropriate.
Ethical: No
163
Informed Consent:
Legal?
Ethical?
Legal: Yes. Disclose fees. Signed for Minor; If fictitious business name is used, name and license of owner;
Technology utilization; License status; License number; NPP if
HIPAA-covered entity; Notice where complaints can be filed
Ethical: Yes. Alternate treatments. Office policies. Limits of confidentiality. Therapist background.
164
Insurance:
Legal?
Ethical?
Legal: Yes. Illegal to submit false claim; advise patients of info that will likely be disclosed to third-party payer.
Ethical: Yes. Advocate if needed services are denied. Advise client that information would be shared with insurance. Avoid false claims.
165
Issues with Other Therapists:
Legal?
Ethical?
Legal: No
Ethical: Yes. Support when compromised; Do not see a client who is being treated by another therapist; Do not solicit clients from other therapists
166
Personal Problems:
Legal?
Ethical?
Legal: No
Ethical: Yes. Seek professional help for mental health/substance abuse issues. (DUI can result in suspension of license.)
167
Privilege:
Legal?
Ethical?
Legal: Yes. Only applies to legal situations; Notify client of subpoena; Assert privilege
Ethical: Yes. Should inform client of potential risks of waiving privilege.
168
Records:
Legal?
Ethical?
Legal: Yes. 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: Yes. Maintain sound records; Do not withhold for lack of payment; Protect client records
169
Referral:
Legal?
Ethical?
Legal: Yes. Illegal to pay or receive payments for referrals
Ethical: Yes. Unethical to pay or receive payments for referrals; Provide clinically appropriate referrals
170
Scope of Competence:
Legal?
Ethical?
Legal: No
Ethical: Yes. Should only work within bounds of education, skills, and training; Stay current with skills
171
Scope of Practice:
Legal?
Ethical?
Legal: Yes. Must work within legally defined scope.
Ethical: No.
172
Self-Determination:
Legal?
Ethical?
Legal: No
Ethical: Yes. Avoid advice giving; Support client to make own decisions; Jointly create treatment plan
173
Sexual Relations:
Legal?
Ethical?
Legal: Yes. Illegal to have sexual contact during therapy and after. Must provide brochure if adult client discloses sexual activity with past therapist
Ethical: Yes. Also includes sexual relationships with relatives/friends of client; Avoid treating someone with whom you’ve had a previous sexual relationship
174
Standard of Care:
Legal?
Ethical?
Legal: Yes. Legally, therapist must provide care that meets standards
Ethical: No. But ethical standards contribute to Standard of Care
175
Suicide:
Legal?
Ethical?
Legal: Yes. Meet standard of care; Assess; Intervene according to level of risk
Ethical: Yes. Addressing overall well-being of client.
176
Telehealth:
Legal?
Ethical?
Legal: Yes. Obtain informed consent; Follow jurisdictional laws (client’s location); Provide license number; Document efforts to obtain local resources in case of emergency; Each session determine if telehealth is appropriate for client
Ethical: Yes. 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 telehealth; Ensure security of communication; Follow jurisdictional laws (client’s location)
177
Termination:
Legal?
Ethical?
Legal: No. but should avoid abandonmet.
Ethical: Yes. Terminate when client is no longer benefiting; Provide referrals for premature termination; Maintain professional will
178
Treating Minors:
Legal?
Ethical?
Legal: Yes. Comply with consent laws. Can deny parents access to records if harmful to patient or treatment
Ethical: No. But should manage issues of confidentiality
179
Treating Multiple People in Treatment Unit:
Legal?
Ethical?
Legal: No
Ethical: Yes. Should consider and discuss risks/conflicts of interest; Review informed consent for new treatment unit; Discuss “secrets” policies
180
Categories of Elder Abuse
Physical
Abandonment
Isolation
Neglect
Financial Abuse
Abduction
Emotional (this is optional, not mandated report)
181
Elder/Dependent Abuse reporting timeline - outside long-term care facility
Report immediately to police or APS.
Written report w/in two days.
182
Elder/Dependent Abuse reporting timeline - in long-term care facility
Non-physical abuse
Report to law enforcement or local ombudsman immediately.
Written report w/in two days.
183
Elder/Dependent Abuse reporting timeline - in long-term care facility
Physical abuse - non-serious bodily injury by person with dementia diagnosis
Report to police and long term-care ombudsman in writing w/in 24 hrs.
Verbal report not required.
184
Elder/Dependent Abuse reporting timeline - in long-term care facility
Physical abuse - Serious bodily injury
Verbally report as soon as possible with no more than 2 hrs passing from observing, obtaining knowledge, or suspecting abuse/neglect.
Written report submitted within 24 hrs to local police, long term-care ombudsman, and corresponding state licensing agencies.
185
When the client has introduced their emotional condition in a legal proceeding.
Exception to Privilege
186
When the client has treated confidential information as though it were not confidential.
Exception to Privilege
187
When there is a breach of duty: The client sues the therapist for malpractice OR the therapist sues the client for non-payment (content of therapy remains confidential).
Exception to Privilege
188
When the therapist has been appointed by the court to examine the client.
Exception to Privilege
189
When the client has sought psychotherapy to commit a crime and/or escape punishment for a crime.
Exception to Privilege
190
When the client is under 16 years of age and has been the victim of a crime (e.g., extortion, statutory rape).
Exception to Privilege
191
In a proceeding requested by a defendant to determine sanity.
Exception to Privilege
192
When the psychotherapist has reasonable cause to believe that the patient is in such mental or emotional condition as to be dangerous to themselves or to the person or property of another and that disclosure of the communication is necessary to prevent the threatened danger.
Exception to Privilege
193
In a proceeding brought by or on behalf of a client to establish competence.
Exception to Privilege
194
When a coroner requests information in the course of an investigation of deaths involving public health concerns, abuse, suicides, poisonings, accidents, SIDS, suspicious deaths, unknown deaths, criminal deaths, or when authorized by the decedent's representative.
Exception to Privilege
195
Legal requirements for Informed Consent
Fees of service
If fictitious business name used, name and license of owner(s)
Technology utilization
License status
License should be posted in office
NPP if HIPAA-covered entity
Notice where complaints can be filed
196
Standard of Care requirements for Informed Consent
Limits of confidentiality
Risks and benefits of treatment
Alternative treatments
Right of refusal
Cancellation policy
Billing procedures
Communication and emergency practices
Background of therapist
Defining who client is
197
Informed consent from a minor must be signed.
True
198
Age that minor can consent for own treatment if determined to be mature enough to do so, and there is reason to not include parents.
12 or older
199
When parents are married, who can provide consent for treatment?
Either parent.
200
When parents were never married, who can provide consent for treatment?
Either parent.
201
When parents are divorced, who can provide consent for treatment?
The parent with legal custody. Physical custody is not enough.
202
Parent/guardian who brings in child for treatment should sign Caregiver's Authorization Affidavit.
True
203
If child is in foster care, who can provide consent for treatment?
Child's lawyer, unless the court has issued a Minute Order for social worker or foster parent to consent.
204
A legal guardian of a minor may consent for treatment.
True
205
Reasons to Treat Without Consent
Client is in a crisis situation.
Client refuses informed consent (should document in notes).
206
Issues that are both Legal and Ethical
Advertising
Authorization to Share Info (ROI)
Confidentiality
Fees
Informed Consent
Insurance
Privilege
Records
Referral
Sexual Relations
Suicide
Telehealth
207
Issues that are Legal but not Ethical
Business Practices
Child Abuse
Elder/Dependent Abuse
Harm to Others
HIPAA
Scope of Practice
Standard of Care
Treating Minors
208
Issues that are Ethical but not Legal
Consultation
Countertransference
Dual Relationships/Conflicts of Interest
Diversity
Gifts
Groups
Issues with Other Therapists
Personal Problems
Scope of Competence
Self-Determination
Termination
Treating Multiple People in Treatment Unit
209
Physical Abuse btwn siblings - when is it a mandated CPS report?
If there is a big age difference between the siblings (i.e. 5 year old and 18 year old)
210
Reasonable suspicion definition (in context of abuse/neglect)
If another person trained as a therapist would also suspect that abuse/neglect was happening.
211
Minors and privilege - who holds?
Depends on type of legal proceeding dealing with.
Could be:
A court appointed guardian or the guardian ad litem
Legal counsel appointed by the court
Minor may be given authority themselves
First need to determine who holds the privilege when dealing with a minor in a legal proceeding. Exception: if under 16 and victim of a crime (i.e. rape, statutory rape, extortion)
212
Length of time to keep records for adult
7 years from termination
213
Length of time to keep child records
7 years after they turn 18
214
Age of minor client when required to sign authorization to release records
12 years or older - regardless of whether consented for own treatment
215
Consideration for sharing records with parents for clients under 12
Need to determine if will cause harm to client of therapeutic relationship - this determines sharing records with the parent
216
5 rights given to patients under HIPAA privacy rule
1. To request restrictions on certain uses and disclosures of their protected health info
2. To receive confidential communications from health care providers
3. To inspect and receive copy of their PHI (private health info)
4. To amend their PHI
5. To receive a paper copy of therapist’s NPP
217
Requirements for Notice of Privacy Practices
- Given to the client on or before start of treatment.
- Posted in therapist’s office and/or website.
- Need written acknowledgement from client that copy of NPP was received.
- Written in plain language.
- Explain how PHI will be used and disclosed.
- Describe how therapist protects health info under Privacy Rule.
- Specify when health info may be used/disclosed without client consent or authorization (exception to confidentiality).
- Describe uses/disclosures allowed for treatment, payment, and health care operation purposes.
- Describe client rights with respect to PHI.
- Notify clients how to obtain access to PHI.
218
Advertising must always include:
License number AND
Appropriate license designation (i.e LCSW, LMFT)
219
What needs to be written/signed:
Minor (12+) who consents for own treatment.
Requests for records.
Authorization to release/ROI.
Acknowledgement that NPP was received by client.
Consent for research and/or recording.
Waiver of privilege.
