Legal vs. Ethical Flashcards
(102 cards)
1
Q
NOT alter medical records
A
Legal
2
Q
NOT offer or accept payment for referrals
A
Legal AND Ethical
3
Q
NOT treat any person with whom the therapist had a previous sexual relationship
A
Ethical
4
Q
When client is in another location, provide local emergency resources
A
Legal AND Ethical
5
Q
Inform clients of the limits of confidentiality
A
Ethical
6
Q
Avoid treatment disruptions by providing contact info, appropriate termination, and a professional will
A
Ethical
7
Q
Work within the MFT scope of practice
A
Legal
8
Q
NOT condone or engage in discrimination
A
Ethical
9
Q
Assess and document the assessment of a client’s potential for committing violence
(Duty to Protect)
A
Legal
10
Q
Inform client or treatment unit of any potential consequences of therapist-client role changes
A
Ethical
11
Q
Provide services that display cultural competence
A
Ethical
12
Q
Comply with HIPAA standards if a covered HIPAA entity
A
Legal
13
Q
Provide appropriate referrals if needed
A
Ethical
14
Q
Consider appropriateness of electronic therapy and inform clients of potential risks
A
Legal AND Ethical
15
Q
Avoid sexual relationship with a client or client’s immediate family members
A
Legal AND Ethical
16
Q
Keep clinically sound medical records
A
Legal AND Ethical
17
Q
Maintain clinical sound medical record for 7 years or until a minor client is 25
A
Legal
18
Q
Avoid dual relationships with clients and supervisees
A
Ethical
19
Q
Take “appropriate preventive measures” to avert harm to suicidal clients
A
Legal AND Ethical
20
Q
NOT engage in false or misleading advertising
A
Legal AND Ethical
21
Q
Work jointly with clients to develop treatment plans that are consistent with client treatment goals
A
Ethical
22
Q
NOT abandon or neglect a client
A
Ethical
23
Q
Obtain informed consent for telemedicine
A
Legal AND Ethical
24
Q
NOT engage in sexual relations with clients or terminate therapy in order to engage in a sexual relationship with clients
A
Legal AND Ethical
25
Report suspected elder abuse/neglect immediately and file a report within 2 days
Legal
26
Continue therapeutic relationship only if it’s reasonably clear the client is benefiting
Ethical
27
Respect the rights of clients to make their own decisions
Ethical
28
Provide adequate information about therapy including potential risks and benefits
Legal AND Ethical
29
Inform clients of availability for emergencies and other contact between sessions
Ethical
30
Keep records locked and secure at all times
Legal
31
NOT maintain a therapeutic relationship solely for financial gain
Ethical
32
Obtain a signed release to share information/records
Legal AND Ethical
33
Report suspected child abuse/neglect immediately and file a report within 36 hours
Legal
34
NOT use their professional relationship to further their own interests
Ethical
35
Avoid treating a client who is receiving treatment from another therapist except by agreement with that therapist
Ethical
36
Educate group therapy members about confidentiality and encourage to obtain written agreement from group members
Ethical
37
Notify local law enforcement when a client has made a specific and serious (i.e., imminent) threat to an identifiable other
Legal
38
Process the need to file a child abuse report
Ethical
39
Advise clients of the information that will likely be disclosed to a third-party payer
Legal AND Ethical
40
Consider potential conflicts when treating multiple parties of a treatment unit
Ethical
41
Strive to identify and understand the diverse cultural backgrounds of clients
Ethical
42
Discuss appropriate treatment alternatives
Ethical
43
Disclose fees before onset of treatment
Legal AND Ethical
44
NOT submit false treatment claims to third-party payers
Legal AND Ethical
45
Make efforts to understand how personal beliefs affect the process of therapy
Ethical
46
Document treatment decisions and maintain clinically sound records
Legal AND Ethical
47
Stay current with developments in the field through educational activities or clinical experience
Ethical
48
Maintain confidentiality except when mandated or permitted by law to break it
Legal AND Ethical
49
Manage issues of privilege when records are requested in a legal proceeding
Legal
50
NOT alter diagnosis or treatment unit in order to get paid
Legal
51
Store, transport, and dispose of records in ways that protect confidentiality
Legal AND Ethical
52
Provide services within scope of competence as determined by education, skills, and training
Ethical
53
Seek professional assistance for personal problems that impair performance
Ethical
54
Display license publicly in treatment office
Legal
55
Inform the clients of the therapist’s professional background
Ethical
56
Obtain signed authorization from every member of treatment unit who is old enough to consent to release information
Legal AND Ethical
57
Give reasonable notice to clients with unpaid balances of their intent to refer to collections or sue
Ethical
58
NOT solicit clients from therapists or encourage clients to leave other therapists
Ethical
59
Obtain informed consent of adults
Legal AND Ethical
60
Ordinarily refrain from bartering for services unless it is suitable to accept barter as payment
Ethical
61
Assist colleagues who are impaired due to substance use, emotional problems, or mental illness
Ethical
62
Obtain written consent from a client to use their clinical information in a presentation
Legal AND Ethical
63
Take reasonable steps to prevent distortion of research or clinical background
Hint: Not Legal and Ethical
Ethical
64
Disclose owners and license info if using a fictitious name
Legal
65
NOT solicit testimonials from clients who, due to their particular circumstances, are
vulnerable to undue influence
Hint: Not BOTH
Ethical
66
NOT financially exploit clients
Hint: Not LEGAL and ETHICAL
Ethical
67
NOT use names that mislead public
Legal AND Ethical
68
Articulate “secrets policy” when working with families and couples
Ethical
69
Represent themselves as an expert or having a specialization ONLY if they have the
training to meet the professional standards in that specialty area
Legal AND Ethical
70
Seek consultation when clinically appropriate
Ethical
71
Management of office policies
Ethical
72
Obtain signed informed consent of minors
Legal
73
Management of countertransference
Ethical
74
Disclose fees and management of fee payment
Legal AND Ethical
75
Marriage and family therapists do not give to or receive gifts from clients that impair the integrity or efficacy of the therapeutic relationship
Ethical
76
NOT withhold records because a client has not paid for services
Legal AND Ethical
77
Accurately represent their qualifications
Legal AND Ethical
78
Process the need to file an elder/dependent adult abuse report
Ethical
79
Truthfully represent clinical services rendered for payment to third-party payers
Legal AND Ethical
80
Advocate for necessary services and challenge denial of payments
Ethical
81
Obtain written consent to record a session or permit third-party observation
Legal AND Ethical
82
Provide necessary translation or help with communication if it is perceived that
communication is not clear due to impairments or fluency issues
Ethical
83
Provide the BBS brochure “Therapy Never Includes Sexual Behavior” to any adult client who reports sex with a previous therapist
Legal
84
NOT exert undue influence on the choice of treatment based on their own values/beliefs
Ethical
85
What is a Conflict of Interest
When there is a business transaction occurring through the therapy with the client
86
Boundary Crossing
A harmless or even helpful departure from standard therapeutic practices. Boundary crossings can include things like giving large gifts, missing appointments, or socializing outside of appointments.
87
Boundary Violation
A harmful or potentially harmful act that exploits the patient. Boundary violations can include things like engaging in sexual activity with a client, or a therapist sharing personal issues with a client.
88
Who is the holder of privilege, ALWAYS?
The client
89
Who is able to consent to treatment when there is a court order, and probation officer for a minor in the foster care system?
The minor can consent if 12 or older, and the judge/court and consent for treatment
90
Who do you notify FIRST when having to initiate Tarasoff?
The Police
91
What should you do if someone is referring clients to you under the misconception that you specialize in working with a population that you don't?
Ethically, you should correct the referring party.
92
If you want to raise fees, which policy should you follow?
The one stated in your informed consent
93
What information can you share if a client in unable to consent and is in an emergency situation?
Relevant information for client's treatment in the emergency
94
What topics are safe from the "No secrets" policy?
HIV and Domestic Violence
95
What does the Mental Health Services Act cover?
Pays for help with mental health treatment
96
When is a forensic evaluation done?
ONLY in the legal system or with legal proceedings occurring
97
What 3 conditions are needed to treat a couple with a history of violence/DV?
1. Both partners agree on the level of violence that occurred between them
2. The perpetrator takes responsibility for their actions and has an arsenal of alternative coping mechanisms that they regularly practice
3. The victim takes responsibility for their safety and sticks to the safety plan if needed.
98
On advertisements for your services, if you have another degree not related to therapy, you must...
Legally, you may advertise that degree, but you must indicate that it is not in a field related to therapy (ex. PhD in Biology must be indicated)
99
What information can be shared when working as a multidisciplinary team at the same facility?
All members of the team working within the same facility can access the client’s records and information can be shared
100
For incarcerated clients, who holds privilege?
The client
101
Define: Lethality
lethality is defined as someone having the ability to cause death or serious harm.
102
What is important to do during termination?
Review client's gains and what was learned over the course of treatment
