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176 Cards in this Set

  • Front
  • Back

Is advertising legal, ethical, or legal and ethical?

Legal and Ethical

What are types of abuse are mandated to report?

Physical, sexual, and neglect

What two types of abuse are optional to report?

Domestic violence and emotional abuse

What should a therapist do if a child is taken out of state without permission?

Maintain confidentiality and encourage client to contact law enforcement.

When does consensual sex between minors mandate a report?

If one participant is 13 and younger and the sexual partner is 14 and over.


If one participant is 21 or over and the sexual partner is 16 and younger.

During the test, how should I asses consensual sex between minors?

Are either participant 13 and younger?


Is one participant old enough to drink? Then the other participant needs to be old enough to drive.

When should a therapist not inform their client of a mandated report?

If it puts client, victim, or therapist in danger

True or false homelessness is a mandated CPS report?

False

Lewd and lascivious behavior between minors ages 14 and 15 with a partner of how many years older is a mandated report?

10 years

Confidentiality is a legal, ethical, or legal and ethical responsibility?

Legal and ethical

A therapist must maintain confidentiality if a client discloses a crime previously committed unless this exception occurs?

The crime was against protected classes- child abuse, dependent adult abuse, and elder abuse

What are the 4 mandated exceptions to confidentiality?

Child abuse


Elder/dependent adult abuse


Harm to others/tarasoff


Court order/ search warrant

What are the 6 permitted (not mandated) exceptions to confidentiality?

High risk of suicide


Client is gravely disabled


ROI signed


Billing insurance


Disclosures to parents made by minors


Disclosures to other mental health providers to prevent harm to clients

What reasonable steps should a therapist take to protect victims from threats made by clients?

Notify law enforcement


Notify intended victim


Involuntary or voluntary hospitalization

What are the 6 categories of elder abuse?

Physical abuse


Abandonment


Isolation


Neglect


Financial abuse


Abduction

What type of elder abuse is optional to report?

Emotional abuse

Pertaining to elders or dependent adults residing in a long term facility, if non physical abuse occurs, what is the reporting process?

Report to local ombudsman or law enforcement immediately. Follow up with written report within two business days.

What reasonable steps should a therapist take to protect victims from threats made by clients?

Notify law enforcement


Notify intended victim


Involuntary or voluntary hospitalization

What are the 6 categories of elder abuse?

Physical abuse


Abandonment


Isolation


Neglect


Financial abuse


Abduction

What type of elder abuse is optional to report?

Emotional abuse

Pertaining to elders or dependent adults residing in a long term facility, if non physical abuse occurs, what is the reporting process?

Report to local ombudsman or law enforcement immediately. Follow up with written report within two business days.

Pertaining to elders or dependent adults residing in a long term facility, if physical abuse resulting in non serious bodily injury occurs, what is the reporting process?

Report to law enforcement within 24 hours. Written reports submitted to law enforcement, ombudsman, and licensing agencies within 24hours

Pertaining to elders or dependent adults residing in a long term facility, if physical abuse resulting in serious bodily injury ocurrs, what is the reporting process?

Report to law enforcement immediately. Written reports submitted to law enforcement, ombudsman and other licensing agencies within 2 hours.

If abuse ocurrs outside long term facility, what is the reporting process?

Report immediately to APS, written report submitted to APS within 2 business days.

Pertaining to elders or dependent adults residing in a long term facility, if physical abuse perpetrated by another resident with official diagnosis of dementia ocurrs, what is the reporting process?

Must be reported to ombudsman or law enforcement. Written reports must be submitted within 24 hours.

When is a therapist considered HIPAA entity?

When a therapist engages in electronic transactions with 3rd party payers

True or False, psychotherapy notes are provided to client if they make a written request to access their record?

False

True or False Psychotherapy notes are released with a subpoena or privilege waived by a client?

False

When parents are married who consents to treatment?

Either parent

When parents were never married who consents to treatment?

Either parent

When parents are divorced who consents for treatment?

Custody agreement- legal custody

If the child is in foster care who consents for treatment

Childs lawyer unless the court has issued a minute order for social worker or foster parent to consent.

If a parent is in crisis or suicidal is it appropriate to treat without consent?

Yes

If the therapist receives a subpoena signed by the judge or court order what is the therapist required to do?

Provide the court requested information

If a therapist receives a subpoena signed by a lawyer what should the therapist do?

1. Contact client


2. Assert privilege on behalf of the client


3. If client waives privilege have client sign waiver

If therapist believes that waiving privilege would be harmful to client what should they do?

Inform client their concern and proceed as client wishes

A therapist may deliver telehealth services to clients in another state only if?

Therapist meets the requirements to legally provide services in that jurisdiction and the state allows delivery of services via telehealth.

If a client is a California resident and travels out of state the therapist must do what to provide teletherapy?

Check with other state licensing board to see if teletherapy is permitted

A therapist may deliver telehealth services to clients in another state only if?

Therapist meets the requirements to legally provide services in that jurisdiction and the state allows delivery of services via telehealth.

If a client is a California resident and travels out of state the therapist must do what to provide teletherapy?

Check with other state licensing board to see if teletherapy is permitted

What 5 steps must be completed before before initiating Telehealt therapy?

1. Asses wether client is appropriate for telehealth


2. Obtain consent verbal or written, must be documented


3. Inform client or risks and harm of telehealth


4. Provide client with license # and type of license


5. Document reasonable efforts to obtain contact information of local resources and emergency services in the clients area

Prior to each telehealth session the therapist must do what 3 things?

Verbally obtain the clients full name and address of location


Reasses the appropriateness of telehealth including clients psychosocial situation


Use telehealth best practices pertaining to confidentiality and technology.

How does a therapist report abuse if occurred in different state?

Report abuse to local CPS agency.

If a client presents with suicidal ideation what should the therapist do next?

Asses further for plan and means.

Do you report domestic violence for elderly population?

If the victim is over age of 65

Can a therapist refuse client access to their record? What should they do if they feel releasing record could be harmful?

Therapist has right to deny request if they feel it would be harmful to client. Therapist should document date of request, reasons for denial, and send the record to another therapist to review the record.

True or False, The Standard of Care is the "minimum" level of care

True

According to the standard of care, what should a therapist do when they are faced with an ethical dilemma or they lack information about a certain scope of practice?

Seek consultation

What should a therapist do if a client comes to them with an issue that is not under the therapist's scope of competence.

The therapist should refer the client to another therapist that is competent in that subject area. However, the therapist can disclose to the client their lack of experience in the subject area and could obtain additional education and training.

When are signatures on informed consents mandated?

When treating clients or delivering services remotely.

What is the timeline for submitting a CPS report?

Report via phone immediately. Submit written report within 36 hours.

What should a therapist do if a client discloses child abuse in the past?

Verify if report was made to CPS. If there was no report then file a new one.

If a client expresses suicidal ideation to the therapist what should the therapist do?

Asses for plan and means

Is danger to self a mandate breach of confidentiality?

No

Who makes decisions about a conservatee's medical care?

The conservator and conservatee

How long should a therapist maintain records for an adult and child?

Adult- 7 years


Child- 7 years after the child turns 18



What is the time line for a client accessing their records?

5 days to inspect the record, 10 days to provide treatment summary, and 15 days to provide entire copy of record.

Can parents have access to a minor's record?

If therapist s concerned that access to the record could cause harm to the client, therapist can deny the request. For children over the age of 12, they must sign a release allowing parents to view the record.

What size font has to be on release of information?

14

If a therapist falsely advertises by claiming they are an "expert" in a certain subject are is this a legal and/or ethical issue?

Legal and Ethical

Can a therapist provide therapy to a client who moves to another state?

No

How should a dual relationship be handled in therapy?

If the client is not already a client, then therapist should refer to a different therapist. If a dual relationship is identified after the client has started therapy then the dual relationship should be discussed with the client and asses for appropriateness of therapy to continue.

What should a therapist do if they experience countertransference?

Seek consultation

What should a therapist do if they are experiencing therapist impairment?

Refer client to another provider and seek personal therapy.

If a client discloses to her current therapist that she had a sexual relationship with her previous therapist, what should the current therapist do?

Provide the client the brochure Professional therapy never involves sexual behavior.

If client is not making progress in therapy what should a therapist do?

Seek consultation

If therapist is conducting research on clients and changes all identifying information, does the thearpist still need to obtain consent?

Yes

If the client wants to terminate and the therapist does not think it is a good idea what should the therapist do?

Therapist should share concerns with client but support client's right to self determination.

If a spanish speaking client is experiencing a crisis and an interpreter is not available, what should the therapist do?

Use family member or collateral that is Spanish speaking to interpret

What should a therapist do when obtaining informed consent from a client who lacks capacity?

Therapist should obtain permission from a third party. The therapist should ensure the 3rd party acts in a manner that is consistent with client's wishes and interests. Therapist should take reasonable steps to enhance client's ability to give informed consent.

How should a therapist handle documenting other individual's identifying information (name) who are not the client?

Do not add other people's name to the record they have not consented to treatment and would be a breach of confidentiality. Reference them in ways that the therapist would know who it is.

True or False, the therapist is responsible for providing appropriate referrals for continuity of care when the client initiates termination?

False

True or False. Legally, therapists are mandated to warn the victim of a serious threat made by a client.

False, warning the victim is optional. Ethically, therapists should warn the victim.

If a 65 year old woman shares that her husband hit her, what should the therapist do?

Report to APS

True or False, therapists are always required to obtain written consent from a parent or guardian before releasing any confidential information about a minor client.

False, if child is over the age of 12 you need the child to sign a release.

A Tarasoff condition only exists if a client expresses a serious threat to harm an identifiable victim.

False, the therapist could receive outside information from family members or friends.

It is a therapist's legal duty to challenge a "denial of services" from an insurance company.

False, it is an ethical duty.

When treating a minor over 12, how should a therapist handle consent first?

Determine if parents should consent. Therapist needs to have reason not to include the parents. This should be done before obtaining written consent from the minor.

In family therapy, who gives consent?

Every member of the family receiving treatment if they are mature enough, this includes minors under the age of 12.

Is it ethical to charge a client if you have not told them in advance what the fee is? (this includes crisis situations)

It is unethical to charge a client for treatment if you have not disclosed the fee you. Therapist must accept refusal to pay or negotiate a rate that is acceptable.

Does a legal representative have access to client's records and how can this be accomplished?

Yes, a legal representative can have access to the records, however, a release of information must be signed by the legal representative.

When seeking consultation about a case from another therapist in a small/rural community- what should the therapist do first?

Obtain a release of information from the client

What should a therapist do first if they find out their new client used to be in a romantic relationship with an existing client?

Seek consultation

Is it ethical to terminate treatment for a client with major depression who just lost her job and can no longer afford the fees? What should the therapist do?

It is unethical to abruptly terminate. The therapist should temporarily lower the fees and inform the insurance company.

It is identified in couples therapy that the couple's fights often result in physical altercations, what should the therapist do first?

Refer to individual therapy. Would not make a safety plan because therapist should do that with client when they are alone. Couples therapy is unethical for couples experiencing domestic violence.

True or False, therapists must have locked filing cabinet in their office?

False, therapists need a locked filing cabinet but does not have to be in their office as long as they can securely transport files.

After a therapist advocates for their client for additional sessions with the insurance company and the insurance company denies, stating the client can only have two more sessions- what should the therapist do? (Client is unemployed and can not pay out of pocket for additional sessions)

Therapist should continue providing sessions and discuss an alternative payment plan with client. Terminating with just 2 sessions left is unethical for someone who has a significant mental health disorder. Charging client free of charge is also unethical.

If a minor client disclosed previous child abuse what should the therapist do?

File a CPS report. If client stated that it was previously reported, try to verify if the report is one file. If unable to verify, report to CPS.

If an adult client disclosed previous child abuse as an adult what should the therapist do?

Maintain confidentiality

The parents of a 14 year old minor are divorced and share legal custody. The father refuses to acknowledge the child’s need for therapy and will not consent. How should the therapist proceed?

Obtain consent from minor only and document reasons to not include the parents.

An adult client tells a therapist they were molested as a minor. What should the therapist do?

Determine if there is suspicion of current molestation of minors. Because the client is an adult, you would not report to CPS. If the client was still a minor, therapist should report to CPS. Just because the molester has access to minors does not mandate a report, there needs to be reason to believe the abuse is currently going on.

When should a therapist review informed consent with a client?

Prior to the onset of therapy and over the course of the therapeutic relationship.

If a therapist determines it is not appropriate to obtain parental consent for a client over the age of 12, they should?

Obtain the client’s informed consent and document the reason for not including the parents.

It is identified in couples therapy that the husband and wife had a bad physical fight, what should the therapist do to stop the violence?

Refer each to individual therapy and stop couples therapy. Provide resources to each individual separately.

Before terminating therapy with a client who is not making progress, what should the therapist do?

Seek consultation then if there continues to be no progress, explore lack of progress with the client.

Does a Tarasoff warning apply if the individual with a plan to harm is not your client (example- family member, husband of client)

No

If a therapist is made aware of a potential mandated report of abuse/neglect what is the therapist ethical obligation to the client prior to making a report?

Review the limits of confidentiality. If a report is mandated, therapist should inform the client that a CPS report must be made. On test, if it is between making a report or informing client of report- choose informing client unless client, victim, or therapist is in danger.

What is a no secrets policy?

A therapy policy put in place for couple and family services intended to prevent important information in a relationship from being hidden from either party participating in services. It comes from the understanding that when a couple or family are participating in services the “relationship” is the client, not one or the other participants. So in order to uphold what is best for the “relationship” the therapist will not hold secrets for one or the other participants.

When reporting to the police/victim of a potential threat, how much details can the therapist provide?

As much information necessary in communicating the threat.

In couple or individual therapy, if a therapist needs a release of information signed to obtain information from another provider, who needs to sign the release?

Every individual in the treatment unit.

A suicidal client leaves a goodbye message on the therapists voicemail, what should the therapist do?

Contact the client’s emergency contact.

What 3 things must therapist legally do to ensure her records are protected?

1. Assign a password or lock computer


2. Adhere to the standard of care when keeping records secure


3. Ensure mobile phone is secure if keeping client contact information on it.

If a therapist does not have a copy of a typed ROI and needs one signed promptly what should the therapist do?

Have the client write a release in her own handwriting and sign/date.

Is it legal to bill insurance for missed appointments?

Yes

When can a therapist agree to barter?

If it is determined this is the only way the client can attain services.

If a client is not in crisis and unable to pay the therapy fee for the unforeseeable future is it ethical to terminate?

Yes

Pertaining to continuity of care and collaborating with a previous therapist to a new therapist- when an ROI is signed what information should be shared?

Information indicated on ROI and any crisis issues such as a history of suicide attempts, substance abuse issues, etc.

True or False, in a situation of crisis, a therapist may provide information needed to treat a client without their consent. For example- 5150 due to suicide or psychotic episodes

True

True or False, a positive toxicology test at birth is a mandated report?

False a positive toxicology report in itself is not enough, therapist should asses for further neglect.

IN order to provide the best coordinated care to a patient, what should a therapist do?

Obtain signed release to speak with client's medical providers- doctors, psychiatrist, etc

A therapist receives a gift card as a "thank you" for providing services, ethically what should the therapist do? What if it is from a family of a different culture?

Because gift cards have no indication of cash value, therapist should respectfully decline. The gift card does not have cultural meaning so it would not be relevant.

True or false, including client success stories in advertising is unethical?

True. Asking a client to do the therapist a favor could be seen as misuse of influence and power the therapist has over the clients.

Do you report to APS if a now deceased elder was previously abused?

No

What is the difference between a conflict of interest and dual relationship?

Conflicts of interest occur when there are circumstances that make it hard for the therapist to be impartial.

If a therapist is providing services to a female client and the client's boyfriend contacts therapist for services, what should the therapist do and why?

Refer the client to another therapist. Providing individual therapy to the boyfriend and girlfriend would create a conflict of interest.

True or false, it is ethical to change the unit of treatment for example, individual to couples therapy?

True it is acceptable to change the unit of treatment.

When changing the unit of treatment for example from individual to couples therapy what legal issues should be handles?

Obtain informed consent for the new unit of treatment that includes a discussion regarding potential risks and benefits of changing unit of treatment.

Who is allowed to see psychological evaluation test scores?

Only those qualified to interpret them

When do parents hold privilege for their minor client?

If they have been elected as guardian ad litem

If your patient is conserved, who holds privelige?

Conservator

In couple, family, or group settings- how does the therapist handle privelige?

You must receive a waiver of each member of the treatment unit in order to waive privelige.

If your patient is a minor, who holds privelige?

The minor holds privelige.

How is privelige handled in a court case where a client brings their mental health diagnosis/treatment into a case

Privelige is waived

Continuing to provide treatment and charge a client despite the client's symptoms disappearing and functioning well is- illegal, unethical, or illegal and unethical?

Unethical

A female client with a history of suicide attempts comes to session and reports that she wants to end it all. After further assessment, the therapist learns that the client has a plan to take pills she has hidden at home. What should the therapist do NEXT?

Discuss voluntary hospitalization or initiate involuntary hospitalization if necessary

The client reports feeling bad and having suicidal ideation, but denies having a plan and promises not to take any action on those feelings. The therapist still feels concerned about the client. How should the therapist respond?

Suggest making contact between sessions.

A therapist sees a new client for severe anxiety and panic attacks. The client is a recent immigrant from Asia and has difficulty understanding and speaking English. What should the therapist do first?

Determine the client's specific language then arrange for a qualified interpreter for the session.

Is lack of preventative medical care- example vaccines a mandated report?

No

At what age does not mandate a report to leave kids at home alone?

10 or 11 or older there is no law stating an age and keep in mind of any harm is happening

On the test what is an identifying factor for a dependent adult?

receiving disability check or relying on someone else to get their needs met

Is a therapist legally allowed to break confidentiality coordinating care with medical providers in a crisis situation, for example 5150?-

yes

When does informed consent need to be signed?

If it is a minor. If you receive verbal consent from an adult it must be documented.it is always best to sign. Test will want to make sure you document.

What is legally required to be included in informed consent?

Fees for service, license status, any technology utilization, fictitious business name being used, if you are a HIPAA covered entity.

What should be included in informed consent according to the standard of care?

limits of confidentiality, risks and benefits of treatment, alternative treatments, emergency/crisis, background of therapist, define who the client is (unit of treatment-couple, individual, group)

What are reasons not to include parents consent to minor receiving therapy?

parents were against treatment, child struggling with parent issues, etc.

if you are treating a child with divorced parents and the custody agreement indicates either parent can sign for treatment what should therapist do according to best practice?

Have both parents sign

A dad who has physical custody of his child on the weekends brings his 11 year old child in for treatment for depression, when the therapist contacts the mother who has legal custody of the child, the mother refuses to allow the child to receive treatment, what are the therapists legal obligations in this case?

The therapist can not provide therapy to the child.

Can legal guardians consent for treatment?

Yes

What are the two reasons to not obtain informed consent?

The client denies to sign or review informed consent and a crisis issue

Who holds privelige? Conservatee or Conservator?

Conservator

Who holds privelige? The child or the child's guardian ad litem?

Guardian ad litem

If a client has introduced an emotional condition into an emotional proceeding is privilege waived?

yes

If a client sues for malpractice is privelige waived?

Yes

A client comes to the therapist office to use therapy as a way to cover up a crime, what does this mean for the psychotherapist-client privelige?

Privelige is waived

Does a client who is 16 years of age and a victim of a crime such as rape or extortion have privelige?

No

If a client is in such a mental condition that they are a danger to others and are going to harm property or others, can a clinician break confidentiality?

Yes

Can a clinician breach confidentiality and share information to a coroner during an investigation?

Yes

What is the very first things you should do when you receive a subpoena?

Contact the client

If a client informs the therapist that they want to waive privelige but the therapist believes doing so would be harmful to the client, what is the therapists ethical obligation?

Discuss concerns with client. If client still wants to waive privelige, have client sign waiver.

A client is suing a company over emotional damages. The therapist receives a subponea from a lawyer, what is the therapists next steps in order?

Contact client if you can't get a hold of client assert privilege on behalf of client even if you know that eventually the court will have access to records.

If the court issues a subponea for records and the therapists believe that some of the information shared could be detrimental to the client, what should the therapist do?

Advocate that limited information be provided to the court.

On the test if it just says subponea who should I assume its from?

Lawyer

If a client wants a copy of their record how much can a therapist charge per copy?

25 cents

A therapist is treating a client who is 12 and their mother comes in demanding to access the record what does the parent need to do?

Obtain signed release from the minor allowing mother access to the record

A 10 year olds parents want a copy of their child's records, what should the therapist do?

Provide the record UNLESS it would be harmful to the client or theraputic relationship

What specifically does a release of information need to indicate?

specific uses and limitations of information disclosed- example, medication adherence and side effects

If you are already seeing a client and they lose their job, ethically what should a therapist do?

Temporarily lower fees to help client in time of crisis/stress

If a client is delinquent in payments can a therapist breach confidentiality and send the client to collections?

Yes- but must be a part of informed consent!

Can a therapist withhold the record if a client has not paid their bill?

No

What are the circumastances that would make bartering acceptable?

Initiated by the client, goods such as vegetables are being offered in exchange, and it is in a community where bartering is an acceptable practice.




**The exchange must be written and signed by both parties**

Does Tarasoff apply if the alleged perpetrator is NOT your client?




For example, a wife tells you in therapy that her husband intends to kill his boss.

No, tarasoff does not apply. The therapist should encourage the wife to call the police in this situation.

If a client is 12 years old but did not consent to treatment and his parents want access to the record- what should therapist do?

obtain authorization from client

After a client describes feelings of hopelessness or shame what are the next steps a therapist should do in order?

Asses for suicidal ideation THEN for a plan and means.

The therapist would like to raise fees now that the client’s financial situation has improved. How should the therapist ethically manage the situation?

Ethically, therapists are permitted to raise fees after adjusting them to meet a client’s needs. Prior to adjusting the fees, the therapist should assess the client’s situation and, with the client, agree on an acceptable timeline

A therapist is providing therapy to an 83 year old man who is conserved. Legally, who must consent to the 83 year olds treatment?

The conservator must sign. The conservatee can also sign, but legally the conservator has to.

A therapist is treating a minor with suicidal ideation and a tentative plan and access to means, what should the therapist do next?

Prior to initiating hospitalization, the therapist should contact the client's parents unless there is harm to the client. Then the therapist could initiate a 5150 with the parents involved.

Is it within a therapist's scope of practice to provide court evaluations to establish conservatorship?

No a psychiatrist or psychologist do conservatorship evaluations.

In order to legally advertise jointly, therapists must:

notify clients as to whether they are sole practitioners or a legal partnership.

Before terminating with a client for non payment what should the therapist make sure they have done?

Make certain that the client fully understands the details of the payment for service agreement.

After receiving a request for records from a client and turning over the records, what should a therapist do?

The therapist should determine the appropriateness of sharing records (B) prior to honoring the client’s request. If the therapist determines the records could be detrimental to the well-being of the client, the request can be denied, otherwise, the therapist must provide records.

A therapist saw a couple in therapy for several months and is subsequently contacted by the wife who wants him to testify in court on her behalf about an unrelated matter. In this situation, legally the therapist should:

Testify only if both husband and wife provide written consent

Is it legally required to take notes during a therapy session?

No

Can you provide specialized therapy such as EMDR with no experience if you obtain supervision and training?

No, it is illegal and unethical to provide this treatment without extensive trainings prior to treatment delivery.

If a therapist is suing a client for non payment, what happens with privelige?

Privilege is waived, however, the content of therapy is not revealed.

If a therapist is subpoenaed records for a situation they believe will be an exception to privilege (ex using emotional condition) what should they do?

The therapist should still assert privilege until the court orders the records

Are dual relationships/conflicts of interest a legal, ethical, or legal and ethical issue?

Ethical