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14 Cards in this Set

  • Front
  • Back
Client Records:
Who owns the records?
Therapist - owns records
Client - owns the content
Client Records: Confidentiality
How should records be secured?
1. Locked Room or Locked Filing Cabinet
2. Limited Access to Electronic Database
Client Records:
Duration of Record Retention
7 years from the age of maturity
Adults: 7 yrs after discharge date
Minor:7 yrs after reach'g age 18

Exception: Emancipated Minrs
age 18+1yr
Client Access to Records: Denial of Access
How does HIPAA preempt California Law?
HIPAA - access to records is "reasonably likely to endanger the life or physical safety of the client or another person."
The person however, IS given the right to review the denial
Client Access to Records: Denial of Access of Psychotherapy Notes
How does California Law preempt HIPAA
California Law - "may" have access to "copy" of Psychotherapy /Summary Notes; if there is a legal reason for doing so

HIPPA - absolute NON-reviewable denial of psychotherapy notes
Access to Records via Written Request:
How does the Health & Safety Code (H&SC) preempt the Ethics Code?
Ethics Code allows for withholding records for non-payment

the H&SC does NOT allow therapist to withhold records due to non-payment
Client Records: Respond'g to Client Request for Access to Records: Time-lines
- Inspect /View
- Copy of Records
- Summary of Records
Inspection of records:
- 5 business days from receipt of written request
- during business hours

Copy of Records
- 15 days of receipt of written request

Summary (if a Summary is requested in advance)
10 business days
30 calendar days (maximum)
Multiple Relationships: Gottlieb's (1993)
3 Recommendations /Considerations?
1. Power Differential (how great?)
2. Duration of the Relationship
3. Clarity of Termination
--- is there probability of return
Multiple Relationships: Standards for Conflict of Interest (Name 2)
1. Impair objectivity
2. Expose other person to harm/exploitation
Fees for Services
Establishing Fee
Financial Crisis
Collection Agency
Obligation to Continue to Treat
Establishing Fee:
- Fees s/b established as early as feasible

Financial Crisis
- Fee "may" be temporarily waived or lowered
- Schedule fewer appts
- Temporarily suspends appts

Possible Abandonment:
- Abruptly refer out
- Not treat'g in an emerg sit'n

3. Collection Agency:
- discuss matter w/Clt
- notify Clit if Collection is immanent
- collection if agreement can't be reached
--- only give ltd info (name, address, amt owed)
- legal proceedings allow a breach but of relevant info
- NO OBLIGATION to continue to treat client that does not pay as agreed
--- approp termination still applies
Interruption or Termination of Tx:
Name 4 Approp Reasons to Terminate
1. Client no longer needs the service
2. Client is not likely to benefit
--- achieved goals of tx
--- not respond'g to tx
--- not complying with tx
3. Client is being harmed by continued svc
4. Therapist is endangered by the client or another person with whom the client has a rlsp
When is advance notice of termination not nec'y?
When there is a threat/danger posed to the Psychologist
What does Health & Safety Code Section 123260(b) say about Treatment of Minors?
12 yrs or older is allowed Mental Health Outpatient Treatment w/o Parental Consent
What are the 2 general actions that a Board of Psych can give to a Psychologist?
Non-disciplinary
--- citation & fine
--- educational review
--- letter of warning

Disciplinary
--- Probation