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Law & Ethics > Midterm Exam > Flashcards

Midterm Exam Flashcards

(55 cards)

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1
Q

4 Elements of a Civil Suit of Malpractice

A

Duty of Care – Relationship established
Duty to Protect – Reasonable Therapist
Proximate Cause – Harm caused by therapist
Demonstrable Harm – Money damages

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2
Q

2 Parts of APA Ethics Code

A

Unenforceable – aspirational guidelines

Enforceable – numbered codes, mandates

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3
Q

What is the primary element that resulted from deinstitutionalization with regard to clinical treatment?

A

The rule of least restrictive treatment

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4
Q

2 Elements of Law

A

Case Law

Statutes

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5
Q

Higher court ruling that becomes precedent

A

Case Law

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6
Q

Legislative process codifies case law

A

Statutes

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7
Q

Four elements of standard of care

A

Reasonable therapist
Case law
Statutes
Ethics code

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8
Q

Ethics committee and code

A

APA

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9
Q

Licensing board

A

BOP

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10
Q

Attorney General

A

Criminal allegations

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11
Q

Standard of Care

A

Reasonable therapist

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12
Q

Duty of Care

A

Established relationship

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13
Q

Proximate Cause

A

Therapist is cause of harm

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14
Q

Demonstrable Harm

A

Money damanges

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15
Q

Expert Witness

A

Gives expert opinion

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16
Q

Fact witness

A

On case before legal action

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17
Q

Two types of actions BOP can assign when a violation of licensing law occurs

A

Disciplinary and Public

Nondisciplinary and confidential

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18
Q

Reasons for Disciplinary and Public action (4)

A

Sex with patient
Breaches of confidentiality
Insurance issues
Failure to keep records

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19
Q

Reason for Nondisciplinary and Confidential action

A

No public display of licensure on documents or office

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20
Q

CSI requirements for mandated reporting - Tarasoff Original Ruling (3)

A

Communicated directly to therapist
Imminent danger
Identifiable victim (with a moment’s reflection)

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21
Q

Tarasoff/Ewing Assessment for Threat (8)

A 
Gender - male 
Plan - specificity
Feasibility
Previous violence - best predictor
Current problem - who is in danger
Substance use - increases likelihood
Support system - includes insurance
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22
Q

Requirements for mandating reporting (3)

A 
Warm victims (civil code)
Notify authorities (civil code)
Take steps (Tarasoff)
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23
Q

Revocation stayed

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A

Loss of license stopped

24
Q

Revocation

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A

Complete loss of license

25
Stipulation
Agreement between BOP and therapist
26
Surrender
Voluntarily give up license
27
Tarasoff Original Ruling
CSI
28
Veteran's Administration (2)
Protect even in absence of stated threat | Seek past records
29
Ewing Decision - 2 primary additions to Tarasoff
Communicated by family or reliable other | For the purpose for advancing therapy
30
Arson/Peck (2)
Use of arson can be a deadly weapon | Damage to property
31
Hedlund (2)
Duty to protect potential bystanders | Victim to victims
32
Does an empirically validated suicide risk assessment procedure exist?
No
33
What is the strongest predictor of teen suicide attempt?
Non-suicidal self-injury (NSSI)
34
Difference between Risk Factors and Warning Signs
Risk Factors - static and enduring | Warning Signs - episodic and variable
35
Risk Factors examples (3)
Age Demographics Family history of suicide
36
Warning Signs examples (2)
Mood | Life events
37
Is use of a safety agreement a good protective measure for a suicidal client?
No
38
Age group with highest suicide rate
45-54 years old
39
SAD PERSONAS suicidality scale
``` Sex Age Depression Previous attempts Ethanol (substance) use Rational thought loss Social support lacking Organized plan No significant other Access to means Sickness ```
40
Which is more serious to assessment of danger to self or other? False Positive or False Negative
False Negative
41
2 primary elements of malpractice re: suicide (Baerger, Bongar, and Sullivan)
Foreseeability (should clinician have anticipated?) | Causation (did clinician take sufficient steps?)
42
Privacy
No illegal search and seizure (4th amendment rights)
43
Confidentiality
Ethical standard of professional conduct
44
Privilege
Legal protection from disclosure in legal proceedings
45
When a therapist strongly disagrees with a client on a political topic, the therapist should: (2)
Remain neutral | Seek consultation
46
Can a lack of diversity training lead to misdiagnosis using the DSM?
Yes
47
Insurance Diagnosis
Giving clients alternate diagnoses to receive insurance coverage (ILLEGAL AND UNETHICAL)
48
3 broad dimensions of multicultural counseling
Therapist self-awareness Therapist understanding Skill in using culturally appropriate interventions
49
Cultural encapsulation
Lack of understanding and ignorance of another's cultural background
50
Intersectionality (Crenshaw)
The intersection of social categorizations, creating | overlapping and interdependent systems of discrimination or disadvantage
51
Cultural Humility (3)
Long-term understanding and learning Humble and respectful attitude A state of not knowing
52
4 Bins of ethical decision making
Legal (state, federal, or regulatory) Clinical (patient welfare) Ethical (standard of care) Risk Management (liability)
53
Difference between confidentiality and privilege
``` Confidentiality = ethics Privilege = law ```
54
4 agencies holding psychologists accountable
Licensing boards (BOP) Ethics committees (APA, CPA) Civil suits of malpractice Criminal allegations
55
Preponderance of evidence
Burden of proof in a civil suit

Law & Ethics (3 decks)

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