click below
click below
Normal Size Small Size show me how
mft law and ethics
| Question | Answer |
|---|---|
| What is the standard of care? | A baseline standard of professional expectations, not about being a perfect clinician |
| All of the following are true regarding standard of care in the field of mental health except? | A. It is the standard of perfection. |
| Other things that are under the Standard of Care under ethics and community standards. You could be subjected to legal ramifications if these didn't happen: | Limits of confidentiality Risks and benefits of treatment Alternative treatments. Cancellation policy Billing procedure Communication and emergency practices. Background of the therapist. Define who the client is - individual, couple, group, etc. |
| the therapist has an ethical and legal duty to inform patients of possible outcomes of treatment to remain in the standard of care | true |
| You have just completed a two-month course on psychological testing when you receive a call from Christopher, who asks if you can administer a battery of psychological tests. Your response to Christopher would be: | Refer him to a psychologist |
| what is the scope of competence? | defines or limits what an individual can do within the profession based on their training or experience |
| what is scope of competence defined by? | education, training, and experience |
| Dick is a therapist who has no experience in personality disorders. He starts sessions with Daryl who turns into Kevin, Cory, and Lucy. w/o no consultation, he continues. is this an issue of scope of competence? | he has no previous experience in treating clients that have a clinical disorder so yes it would be a scope of comptenence issue |
| what are the limits of confidentiality? | if one is a danger to one's self or others |
| bellah v greenson | a family who sued a psychiatrist for not actively trying to stop a suicide attempt after a overdose therapist has a responsibility to report reasonable suspicions of suicide |
| how to intervene with a suicidal client | |
| what is informed consent? | A legal and ethical term defined as the consent by a client to a proposed psychotherapeutic procedure Informed consent involves providing clients with information necessary to make educated decisions about treatment. |
| What is confidentiality? | Confidentiality is both a legal and an ethical concept involving a restriction on the release of private information that is defined by various state and federal lawsand ethical standard |
| How do you request a client to voluntarily break confidentiality? | obtain a written release of information |
| What is privilege? | legal rule that refers to the right of the holder of the privilege to refuse to disclose, and to prevent someone else from disclosing, confidential communications in a legal proceeding. |
| If you are seeing a group/family/couple, how do you release information without breaking privilege? | must receive waiver |
| How to handle a situation of a minor's privilege? | A minor client holds own privilege. Parents DO NOT hold privilege for the minor, only if a parent has been appointed by the court as a guardian ad litem. |
| what are some exceptions to privilege? | - if client puts emotional condition into lawsuit client claimed insanity when ordered directly by courts when client waives privilege therapist is appointed for court suit against the client |
| what to be mindful with when looking at minors and confidentiality? | - therapists have to be mindful what they disclose to parents because it may put the minor in danger |
| what to be mindful of in confidentiality and groups? | - it is important to express the importance of confidentiality in a group setting |
| evidence code 1024 | - there is no privilege if a patient is in an emotional condition that is considered to be a danger to self or others |
| tarasoff v regents of California | - if one is a danger to others and a threat to someone's safety, then it is an automatic safety report |
| Lanterman-Petris Short Act of 1967 | - authorizes an officer or clinician to involuntary detain a person with a mental disorder that is a danger to self or others for a period of 72 hours |
| What is CARNA? | law that requires certain people to report suspected child abuse or neglect |
| who are mandated reporters for child abuse? | clergy members child care providers educators law enforcement medical professionals mental health professionals commercial film and photographic print processors HR employees |
| joint knowledge | when two or more mandated reporters jointly report an abuse report a single report can be made by the reporting team |
| types of child abuse | physical abuse sexual abuse neglect willful cruelty unjustifiable punishment |
| what not to report | acts of consensual sex between those who are under 14 who are of similar age incidents of accidental unjust reasonable force by public school employees mutual fights between minors fetal abuse |
| how long do you have to write a report of child abuse? | report immediately through telephone and write a follow up report 36 hours after the incident |
| what are the penalties of failing to report? | 6 months of county jail or a 1000$ fine if abuse results into death: one year in county jail and $5k fine |
| who is a dependent adult? | a person who is the ages between 18-64 and has mental limitations that prevent them from carrying out normal activities |
| who are mandated reporters for elder abuse? | health care practitioners mental health professionals adult personal care providers law enforcement clergy paramedics financial institutions code enforcement |
| what are the types of elder abuse? | physical abuse sexual abuse neglect abandonment isolation financial abuse suffering failure of a care custodian to provide goods that are necessary to avoid physical pain |
| when to report dependent abuse? | make a telephone report immediately send a fax report within 2 working days |
| there is no obligation to report dependent elder abuse when ALLL of the following is present | - dependent elder has told the therapist that they have experienced a form of abuse - reporter has no evidence of this abuse - elder has a diagnosis of a mental deficit (dementia) - therapist believed the abuse did not happen |
| what is considered to be supervision of an mft trainee? | - promoting the growth and development of the supervised - promoting the welfare of the clients that are seen by the supervisee - evaluating the performance of the supervisee |
| what are supposed to be the qualifications of the supervisor? | - must hold a valid license which is not under suspension or probation - must be licensed for at least two years - reviews client/patient records and monitors and evaluates assessments |
| what is a supervisor responsibility statement? | - helps develop a supervision plan for both the trainee and the supervisor - must be submitted to the BBS when the associate applies for licensure |
| What is the minimum amount of supervision per week should a trainee get? | - 1 hour IF seen individually - 2 hours IF seen in a group |
| What is the maximum amount of supervision should a trainee get? | no more than 6 |
| if an mft trainee is seeing 5 clients, how many supervision hours should they get? | they should recieve AT LEAST 1 hour of supervision per 5 clients |
| what is gatekeeping? | - the supervisors responsbility of making sure that the clinician is not a danger to the public - making sure that the clinician is practicing effectively |
| during the time a trainee is at a site, what is the type of relationship that they can have? | employee volunteer |
| what is a supervisor not responsible for? | - |
| can an mft trainee WORK in a private practice? | NOPE. this is prohibited if the trainee is getting paid |
| How many people can participate in a supervision session? | 8 |
| mental health providers can not give services under these circumstances? | - without the consent of a parent or a legal guardian |
| what are the legally specified circumstances which allow therapists to give treatment to minors? | - 12 or older - outpatient therapy - mature enough to participate - responsible for own treatment |
| if a minors parents are both still together what are the guidelines for consent to treatment? | - either parent may consent to treatment |
| if a parent has joint legal custody, how does consent to medical treatment work? | - either parent may consent to treatment |
| if a parent has sole legal custody, how does consent to medical treatment work? | - only one parent is designated to consent |
| What is a caregiver's authorization affidavit? | - gives an individual the authority to consent to the minors medical treatment in the same way that a parent does - valid for one year after signing - can be overridden |
| Are MFTS allowed to make an evaluation as well as provide counseling? | NO. this type of dual role is not allowed |
| What is senate bill 274? | allows the courts to identity more than 2 or more parents of a child to identify custody/visitiation/ support eg: kinship foster care, stepparents, open adoption |
| who is an emancipated minor? | if the minor is responsible for their own finances and is separated from their parents therapist can legally treat if proof of marriage certificate/enlistment papers or court orders |
| what do parents have a right to when serving an individual who is a minor? | parents have a right to information when working with the client eg: updates on how the treatment is going and how parents could be helpful to treatment parents also have the right to access treatment records HOWEVER, minor can refuse this |