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78 Cards in this Set
- Front
- Back
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Is it ethically wrong to have a client sign a consent form without engaging in a discussion/process? |
YEP |
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What do clients need to know? |
Their rights and what you will do to protect their privacy |
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What is the relational approach to consent? |
Includes the kind of content and approach you use in describing it. Use working alliance skills.Be gentle in delivery and careful with language. |
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Kripalani, Bengtzen, Henderson, and Jacobson (2008) inform that ______% to ____% of material is understood by clients. |
30-81 CPA I.33 maximize understanding of a person with diminished capacity. |
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Foote and Shuman discuss what topic? |
Consent, disclosure and waiver for forensic psycholgical evaluations.. What role does psychologist and lawyer play in this??? |
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What model does Foot and Shuman present? |
A conjoined model where psychologist and lawyer dish information relevant to their speciality so client is well informed. |
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What are the three paths to forensic evaluations in a trial? |
1. Court order 2. Lawyer encouraged 3. Agreement |
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Should all forensic evaluations require consent? |
YES! no matter what, if they refuse they have to deal with the consequence. |
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Melton's (1997) reccomendations for ethical evaluation process include: |
1. notify person of all legal issues to be addressed 2. use miranda language 3. discuss limits of confidentiality - where reports go - idenfity if testimony is anticipated - other uses of report - tarasoff warnings 4. Clarify you are evaluator not therapist 5. request full participation |
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The model reccomended by Foote and Shuman was model 3.. |
Psych gives letter to lawyer indicating all testing to be done and what process psych will go over, leaving lawyer to go over his I.C information. |
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Bass and Quimby present the topic of... |
Addressing informed consent in couples counselling. "SECRETS" |
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Bass and Quimby advise what? |
Ensure your personal approach to informed consent is made clear before sessions to ensure clients understand your position on secrets. |
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True or False... There is no specific guideline on how to deal with couples confidentiality. |
True |
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Bass and quimby reccommend against... |
Joint and individual sessions... (tricky) |
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According to Crowhurst and Dobson (1993) what is one of the most important patient rights? |
Informed consent... |
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According to Crowhurst and Dobson (1993) what is informed consent? |
mutual participation in shared decision making process. |
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Accordint to Crowhurst and Dobson, what are the 5 exceptions in not obtaining Informed consent? |
1. Emergency 2. Incompetency 3. Therapeutic privilege 4. Waived rights 5. Mentally ill |
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What is tort law? |
civil injury to person or property |
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Two components of tort law? |
Battery (intentional) and Negligence (unintentional) |
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What is battery? |
Unintentional and illegal unpermitted physical contact with another person |
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What is negligence? |
Failure to use due care in ones actions or ommission, which resulted in unintentional injury. 1. Defendant has legal duty to claimant 2. defendanty breached duty 3. claimant sustains injury 4. breach of duty is cause of injury |
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What is a subjective test in legal proceedings? |
would you have done the procedure if you have known more before hand? |
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What is an objective test in legal proceedings? |
would you have declined treatment if you have known more before hand? Preffered in Canada.. |
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What are the two disclosure requirements? |
- Professional disclosure standard - Material risk disclosure standard |
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What is professional disclosure standard? |
what is usually done by the local professional community, prevailing/reasonable practice standard. |
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What is Material risk disclosure standard? |
disclosure of info that a person would consider potentially hazardous. |
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What is included in a guideline for obtaining valid consent (5 categories) |
1. evidence of a choice 2. understanding of info 3. actually understanding relevant info 4. evidence of choice based on rational 5. arriave at reasonable outcome of choice. |
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What is age of discernment? |
Age at which children have a good understanding 14 and up. |
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What is voluntariness? |
Willing- free of guilt and coersion |
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What does informed consent encourage? |
Client to be active and engaged participant. |
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An informed consent document is used to disclose.... |
risks, benefits, alternatives, define boundaries and clarify relationship |
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When might we not be able to go over informed consent? |
Emergency (still go over limits) |
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We must give clients the opportunity to _______________ during the informed consent process. |
Ask questions. |
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True or False- Informed consent guarantees legal safety from action. |
False. |
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How many sessions does it take to do informed consent properly? |
No number- ongoing |
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Whats usually containted in the IC process? |
- Process description - background info - costs - length - termination info - consultation info - interuption plans - risks and benefits - alternatives - recording - rights to access files - confidentiality |
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Why is record keeping valuable? |
required for high quality service, continutiy of care and ease of transfering clients. protection |
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What is a progress note? |
aspect of clients treatment documented.... - plan -symptoms -what said -behavior (simple/straightforward) |
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What is a process note? |
(psychotherapy note) psychologists private thoughts not attached to file. |
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If it is not documented, did it happen? |
Nope |
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What should be documented when working with violent clients in a crisis situation? |
1. events leading up 2. behavior 3. strategies used to minimize crisis 4. alternative strategies 5. rational for intervention 6. method of restraint 7. how situation ended |
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What are proper retention policies for records? |
10 years after service (adult) 10 years after turn age of majority (youth) Keep a summary of treatment, destroy record. |
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Online counselling is full of dangers (true or false) |
TRUE - True identity issues - third party recording - emergency protocol |
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Malpractice means what? |
Bad practice! failure to exercies proper care |
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Malpractice structure? |
1. professional relationship existed 2. legal duty breached 3. client suffered harm 4. must be able to link causation to professional |
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What are some reasons for malpractice? |
1. procedure bad 2. not adequately trained to administer procedure 3. failure to warn or protect 4. informed consent not given 5. no explanation of consequences 6. refusal to counsel due to values 7. client abandonment (premature termination) 8. Sexual misconduct 9. Negligent diagnosis
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What are some malpractice risk management strategies? |
- be cautious - be honest - know limits - consult - |
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When working with dependant adults you should be vigilant for________ and _________? |
Abuse and exploitation |
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When working with dependant adults you should identify____________? |
Who the substitute decision maker is |
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When an adult is unable to give consent they will have a substitute decision maker, a psychologist must do this before starting.... |
- determine authority and type of substitute decision maker. - Inform dependant adults of limitations to confidentiality (guardian can access all) - Exept emergency conent from guiardian when needed. |
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When working with suicidal clients, you have to inform them of your ethical and legal duty to... |
break confidentiality and duty to protect |
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Assessing suicide guidelines include: |
take warnings seriously identify clients with mental health issues explore stressors that are active PLAN? Method Means Motive Substance use Giving things away History Support system |
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What is the core of effective therapy? |
confidentiality |
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Mandatory reporting is... |
designed to prevent acts of future violence |
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Three legal things required of the client in informed consent.... |
Understanding (comprehension) Voluntariness competency (Capacity)_ |
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Therapists are not premitted to disclose confidential info about a client unless.. . |
- Legally required to do so - Client has given consent |
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A few examples of situations where therapists can break confidentiality... |
- client waiver of privilege - court order - danger to self or others - managed care - civil proceedings |
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Duty to warn is... |
mental health practitioner has to make reasonable effort to contact potential victim of threat of harm or law. |
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Duty to protect is... |
where therapist has an obligation to protect an identified third party who is being threatened. |
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What is privacy? |
right of an individual to decide extend of sharing oneself with others. |
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What did Cram and Dobson (1993) discuss? |
Confidentiality for canadian psychologists |
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What is a basic human right under the Canadian Charter of Rights and Freedoms? |
Privacy |
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What is privilege? |
Right to withold information deemed confidential from a special relationship |
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Is there privilege in canada? |
No |
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What are Wigmore (1940') conditions? |
1. Information originated in a confidence that it would not be disclosed. 2. Confidentiality is essential to the relationship between parties. 3. the relationship is one that the community believes should be carefully followed. 4. Damage of disclosure must not exceed benefit. |
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Slavutych vs. Baker (1976) involved what? |
involved priviliege being granted under wigmores conditions in Canada. |
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2 exemptions to privilege in canada are: |
Psychologist works for solicitor Psychologist is mediator |
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Mandatory reporting is in all provinces except. |
Yukon |
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Failing to warn may lead to a charge of failure to__? |
Act |
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Alberta Mental Health states that third party requests for information may be granted to. |
- agency or physical responsible for care - WCB - Discipline committee under HPA - Subpoena pursuant to Child welfare act |
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Crowhurst and Dobson (1993) discussed? |
Legal issues and clinical applications of informed consent. |
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According to Crowhurst and Dobson what are the 5 exceptions to the Informed consent rule? |
1. medical emergency 2. incompetence 3. therapeutic privilege (disclosure harmful) 4. Client waver 5. Mentally ill or dangerous |
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What is the doctrine of informed consent? |
Legal response to percieved issues in doctor-patient communication. |
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Guidelines for obtaining informed consent: |
1. assess competency 2. evaluate legal status to consent 3. ensure voluntariness 4. be specific 5. provide info (nature, risks, benefits, alternatives, consequences of non proceeding, method to recind consent) 6. examine method of consent |
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According to Crowhurst and Dobson (1993) informed consent is defined 2 ways in the literature. |
a myth a mutually shared decision-making process |
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What is the underlying assumption in informed consent? |
- fundamental right to autonomy |
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What law does consent fall under? |
TORT |
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According to O'Reilly (2002) FOIP does what? |
Sets out rules as to how public bodies and their employees are to handle personal info. |
