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21 Cards in this Set

  • Front
  • Back
What is the function of the licensing board?
-to protect public from "grossly unqualified practitioners"
Four conditions for malpractice
1. a professional relationship that implies a legal duty of care
2. a breach of duty (negligence)
3. harm or injury occurred
4. the breach of duty caused the harm or injury
Vicarious Liability
-when supervisors and employers are legally responsible for the actions of their supervisees and employees
Primary cause of diciplinary action
sexual misconduct
Greatest source of stress reported by psychologists
lack of therapeutic success
What is most mentioned as an "ethically troubling issue"
confidientiality
What is the most frequent ethical violation by supervisors that supervisees mention?
inadequate performance evaluation and monitoring
Clients have __ yrs to make a complaint to the APA.
5
Responding to a Subpoena
1. Determine if subpoena is legally valid (requests PHI, not psychotherapy notes)
2. Contact the client or client's attorney (never hand over info, claim privilige on the part of the client)
3. Negotiate with requester (see if judge will accept a summary)
4. Seek guidance from court
5. If requested to provide testimondy for the first time in court of at a deposition, assert privilege
6. If a court order is issued, must comply or risk being held in contempt of court
Can you be a fact witness and an expert witness at the same time?
YES
Jaffe V. Redman
-right to say it's harmful to client to release records
-courts said privacy wins in a murder case psychotherapy notes
How long must you keep your records?
15 years (3 years total, 12 years in summary)
You are running a group for burnt-out psychologists and a member admits to having a sexual relationship with a current adult client. What do you do?
Maintain confidentiality
Are you allowed to receive a testimonial from a current client?
Yes, but can not solicit a testimonial
Can you see clients who are seeing other therapists?
Yes, but proceed with caution and sensitivity
Can you withhold records for nonpayment?
No, not if it harms a client
When should you set fees?
As early as possible (start of the first session)
When do you not need informed consent?
-naturalistic observations
-archival data, etc
Can you release test data in a court case?
Can send test materials directly to judge (DO NOT fice to clients - too confusing)
Informed consent to therapy
Need informed consent but do not need assent for therapy
Is bartering allowed?
Yes if it's not clinically contraindicated and resulting arrangement is not exploitative