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Flashcards in Random Law/Ethics Deck (51)
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1

Obtaining clients "Informed Consent" for treatment is legally + ethically mandated, except for 2 reasons to treat without consent....?

Reasons to treat without consent:
1. Crisis situation
2. When a client refuses informed consent

2

LEGAL and ETHICAL issues

R-A-P-I-S-T R - R - F S-I-C

R-elease of info
A-dvertising
P-rivilege
I-nformed consent
S-exual relations
T-elehealth

R-ecords
R-eferrals
F-ees

S-uicide
I-nsurance
C-onfidentiality

3

LEGAL issues

ABC- CDE- FHI - IMP- RRR - SSS - ST

A-dvertising
B-usiness practices
C-onfidentiality

C-hild abuse
D-anger to others
E-lder abuse

F-ees
H-IPPA
I-nformed consent

I-nsurance
M-inors
P-rivelege

R-elease of info
R-eferrals
R-ecords

S-exual relations
S-uicide
S-tandard of care

S-cope of practice
T-elehealth

4

ETHICAL issues
(23)

A-CCC-DD-FF-GG-III-PP-RRR-SSSS-TT

Advertising
Confidentiality
Consultation
Countertransference
Dual Relationships
Diversity
Fees
Families/couples
Gifts
Groups
Informed consent
Insurance
Issues w/colleagues
Privilege
Personal problems
Records
Referrals
Release of info
Sexual relations
Suicide
Scope of competence
Self-determination
Termination
Telehealth

5

Telemedicine informed consent can be verbal or written, and MUST include:

Telemedicine informed consent can be verbal or written, and MUST include:

1. procedures for crisis/technology errors
2. risks

6

Prior to each session of Telemedicine...the Therapist must:

Prior to each session of Telemedicine...the Therapist must:

• Verify Ct Name + location (verbal + document)
• Reassess Appropriateness
• Ensure Confidentiality + Secure Communication

7

It is illegal for therapist to provide telemedicine to a client that is out of state, unless they are traveling temporarily , but Therapist must first...

In order to provide telemedicine with client traveling temporarily out of state Th must:

1. Check states licensing board if teletherapy is permitted
2. must receive informed consent specific to tele-therapy.

8

Prior to start of telemedicine Th must...

Prior to start of telemedicine Th must...

• Assess appropriateness
• Verbal or written consent (documented)
• Risks/limitations
• License info
• Local resources/emergency services (documented)

9

IN order to use insurance, Ct needs

Diagnosis (used only for medical necessity)

10

When using insurance, Therapist have a duty to...

Th have duty to inform Ct of how info is managed

Th have ethical duty (not legal) to appeal insurance if Tx is denied or allotted sessions are up

11

In addition to Therapists ethical duty to appeal insurance, they must also...

Discuss fee options & Ct's responsibility to pay (incase insurance denies)

12

When using insurance, It is considered illegal (fraud) to...

When using insurance, It is considered illegal (fraud) to...

-Give or change diagnosis in order to use insurance
-Bill both Ct's insurance
-Bill for missed sessions
-Charge higher for due to insurance

13

If using insurance, Therapist must inform insurance of..

fee changes & unlicensed status

14

advertising false skills & experience =

advertising false skills & experience =
ILLEGAL + UNETHICAL

15

all advertisements MUST include:

all advertisements MUST include:
License # and Title

16

Advertisement with fictitious business name require..
(DBA - 'doing business as')

Advertisement with fictitious business name require..
(DBA - 'doing business as')

NAME + LICENSE = of OWNER

17

When advertising, Th must avoid...

When advertising, Th must avoid...

-using client testimonial (unethical)
-stating "expertise" without qualifying training
-statements of false expectations (better in 10 days)

18

Withholding client records for non-payment is...

ILLEGAL

19

Informed consent for Fees includes:

Informed consent for Fees includes:

- payment methods accepted
- billing schedule
- fee adjustment
- non-payment consequences

20

Th should resolve Non-payment of fees by...

Th should resolve Non-payment of fees by...
1. review fee agreement + set up payment plan
2. If Ct not in crisis = Discuss Termination
3. Submit to collection agency

21

As a last resort, Th submits Ct to collection agency for non-payment and is allowed to share...

As a last resort, Th submits Ct to collection agency for non-payment and is allowed to share...

Name + Amount Owed

22

In order to raise Ct fees, Th should...

give client 3 months written notice

*must inform insurance of any fee adjustment*

23

It is acceptable to terminate for non-payment of fees

True; only if Ct is not in crisis

24

Bartering is ONLY ACCEPTABLE IF ...

Bartering is ONLY ACCEPTABLE IF ...

1. client initiated
2. part of cultural norm
3. boundary violations are considered

(best to barter goods rather than services)

25

If new client cannot afford Ct fees...

refer out

(ongoing client can't afford due to temporary situation 'job loss' = reduce fee/ provide sliding scale )

26

Mandated exceptions to Confidentiality..

Mandated exceptions to Confidentiality..

1) Child + Elder/Dependent
abuse/neglect
2) Danger to others
3) Signed release of info
4)*Court order
(subpoena by court/judge)
5) BBS Investigation
(ethical violation)
6) Search warrant for office
7) Client death–coroner
investigation
8) Request for records by
client or rep
9) Patriot act to share records

27

Third Parties who attend therapy

Th inform visitor they’re not a Ct and therefore not entitled to confidentiality or privilege under the law.

(Th respects confidential nature of session, & visitor should not expect legal protections afforded to Ct.

28

The Patriot Act

mandated exception to confidentiality:
requires therapists (and others) to provide (FBI) agents with client information AND prohibits therapist from disclosing to the
client that the FBI sought or obtained the items under the Act.

29

Confidentiality - allowed, but not mandated exceptions

Confidentiality - allowed, but not mandated exceptions

1) Danger to self
2) Crisis communicate w/providers
3) payment responsibility
4) insurance audit
5) crime against Th

30

Holder of Privilege

always client initially (all members of tx unit)

Minors - guardian ad litem (not parents-unless given guardian ad litem status)

Conservator - shares privilege with client (ct never loses privilege)

Deceased client - personal representative given by court

Incarcerated ct - still has privilege (allowed to access records / minors records)