Legal vs Ethical

Question 1

Advertising

Answer 1

Both

Legal: Do not engage in false or misleading advertising

Ethical: Avoid false/misleading advertising; Avoid/correct misleading claims and info; Do not solicit testimonials from clients

Question 2

Authorization to share information

Answer 2

Both: Anyone 12+ should sign release of info

Question 3

Business Practices such as including license type and #, business owner’s name and type of business

Answer 3

legal: you must Post license; Disclose owner’s name and license of business

Question 4

Child Abuse

Answer 4

Both

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

Question 5

Confidentiality

Answer 5

Both

Legal: HIPAA – provide NPP; maintain confidentiality except when mandated or permitted to break it
No

Ethical: inform of limits; maintain confidentiality except when mandated or permitted to break it

Question 6

Consultation

Answer 6

Ethical: Should be done when clinically indicated; protect identity of client

Question 7

Countertransference

Answer 7

Ethical: Manage it; Seek consultation when problematic

Question 8

Dual Relationships/ Conflict of Interests

Answer 8

Ethical : Avoid dual relationships because of potential conflict of interest; Manage
unavoidable dual relationships

Question 9

Diversity

Answer 9

Ethical: Understand cultural factors affecting clinical issues

Question 10

Elder/Dependent Abuse

Answer 10

Lega: Mandated report if reasonable suspicion; Report to appropriate agency

Ethical: no, but BBS likes you to process need to report with client

Question 11

Fees

Answer 11

Both

Legal: Disclose fees before onset of therapy

Ethical: Manage fees; Disclose fee policies; Alert client before using collections; Consider ability to pay for services

Question 12

Gifts

Answer 12

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

Question 13

Groups

Answer 13

Ethical: Discuss issues of confidentiality

Question 14

Harm to others

Answer 14

Legal: Assess for harm; Notify Police if there is imminent plan; Possibly notify victim if clinically appropriate

Question 15

HIPAA

Answer 15

Legal: Comply with HIPAA when electronically communicating with 3rd party payers

Question 16

Informed Consent

Answer 16

Both
Legal: Disclose Fees; Signed for Minor; Potential Risks

Ethical: Alternate treatments; office policies; limits of confidentiality; therapist background

Question 17

Insurance

Answer 17

Both
Illegal to submit false claims, Advise patients of info that will likely be

Ethical: Advocate if needed services are denied; Advise client that information would be shared with insurance; Avoid false claims

Question 18

Issues with other
therapists

Answer 18

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

Question 19

Personal Problems

Answer 19

Ethical: Seek professional help for mental health/substance abuse issues. (DUI can result in suspension of license)

Question 20

Privilege

Answer 20

Both

Legal: Only applies to legal situations; Notify client of subpoena; Assert privilege

Ethical: should inform client of potential risks of waiving privilege

Question 21

Records

Answer 21

Both

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

Question 22

Referral

Answer 22

Both

Legal: Illegal to pay or receive payments for referrals

Ethical : Unethical to pay or receive payments for referrals; Provide clinically appropriate referrals

Question 23

Scope of Competence

Answer 23

Ethical: Should only work within bounds of education, skills and training; stay current with skills

Question 24

Scope of Practice

Answer 24

Legal: Must work within legally defined scope

Question 25

Self Determination

Answer 25

Ethical: Avoid advice giving; support client to make own decisions; Jointly create treatment plan

Question 26

Sexual Relations

Answer 26

Both 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: Also includes sexual relationships with relatives/friends of client; Avoid treating someone with whom you’ve had a previous sexual relationship

Question 27

Standard of Care

Answer 27

Legal Legally, therapist must provide care that meets standards Ethical-- ethical standards contribute to Standard of Care (not actually an ethical issue)

Question 28

Suicide

Answer 28

Both Legal: Meet standard of care; Assess; Intervene according to level of risk Ethical: Addressing overall well-being of client

Question 29

Telehealth

Answer 29

Both: Legal: 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: 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 (client’s location)

Question 30

Termination

Answer 30

Ethical: Not a legal issue, but should avoid abandonment Ethical: Terminate when client is no longer benefiting; Provide referrals for premature termination; Maintain professional will

Question 31

Treating multiple people in treatment unit

Answer 31

Ethical: Should consider and discuss risks/conflicts of interest; Review informed consent for new treatment unit; Discuss “secrets” policies