Lcsw Law And Ethics

Front 1

what are the two criteria that must be met for a minor to consent to MH treatment?

at what age can a minor consent under this statute?

Back 1

The statute does not define “treatment.” However, treatment in this context does notinclude convulsive therapy, psychosurgery or psychotropic drugs. A minor who is 12 years of age or older may consent to mental health treatment or counseling on an outpatient basis or to residential shelter services, if both of the following requirements are satisfied: The minor, in the opinion of the attending professional person, is mature enough to participate intelligently in the outpatient services or residential shelter services. and the minor would present a danger of serious physical or mental harm to self or to others without the mental health treatment or counseling or residential shelter services, or is the alleged victim of incest or child abuse.”

Front 2

can you discuss a minors treatment with their parents? If so, under what conditions?

Back 2

The health care provider is required to involve a parent or guardian in the minor’s treatment unless the health care provider decides that such involvement is inappropriate. This decision and any attempts to contact parents must be documented in the minor’s record. While this exception allows providers to inform and involve parents in treatment, it does not give providers a right to disclose medical records to parents without the minor’s consent.

Front 3

true or false. It is considered child abuse if there one has sexual intercourse with a child under the age of 16 when the perpetrator is over 19

Back 3

false. the law states the age range is

Unlawful sexual intercourse with a child under the age of 16 when the perpetrator is over the age of 21 is reportable as child abuse.

Front 4

a clinician must always report when someone reveals child abuse, even if the abuse occurred far in the past.

Back 4

technically, no. However, if the clinician were to know that the perpetrator still has access to children, that would be a reasonable suspicion of abuse, and must make a report.

Front 5

True or false.

If a 13 year old and 14 year old have consentual intercourse, it is considered child abuse and reportable.

Back 5

True. Sex with a minor under the age of 14 by anyone over the age of 13 is reportable.

Front 6

true or false. you must inform the person or parent if you are making a child abuse report.

Back 6

false, although it would be advisable to do so.

Front 7

What convictions can cause a license to be revoked?

Back 7

A conviction of a crime "substantially related to the qualifications, functions, or duties of a licensee "

Front 8

True or False? Using controlled substances can get your license revoked.

Back 8

True IF it is used "in a manner to be dangerous or injurious to the person holding the license or to any other person so that it prevents the person to safely practice social work."

In addition, license can be revoked if using WHILE performing social work--alcohol included.

Front 9

True or false: You can legally have a sexual relationship with a client 3 years after teminating therapy.

Back 9

True. The legal standard is after two years.

Front 10

Is it a Legal or Ethical requirement: Maintaining Confidentiality

Back 10

BOTH

Front 11

What is the one legal requirement around charging fees for private therapy in social work?

Back 11

You must disclose fees to a prospective client before the commencements of treatment.

Front 12

Legal or Ethical. You cannot engage in activity that subverts a licensing exam

Back 12

Legal.

Front 13

True or false. An ASW (registrant) cannot provide therapy in their own practice for a fee until licensed.

Back 13

False. They cannot have a private practice, but can collect fees as an employee of someone else.

Front 14

True or False. You MUST disclose confidential patient records IF compelled by a health care service plan.

Back 14

False. You may disclose but are not compelled.

You MUST disclose to 1) a court 2) a board, commission, or admin agency for purposes of adjudication, 3) a subpoena, 4) a search warrant, or 5) otherwise required by law

Front 15

In HIPPA, is "medical information" considered the same as "psychotherapy notes"?

Back 15

no. Psychotherapy notes are given more confidentiality than client identity, demographics, general needs, etc.

Front 16

Are clinical social workers considered legally the same as "psychotherapists?"

Back 16

no. They are only considered by law as psychotherapists when engaged in psychotherapy practice. MFTs, psychologists are always considered this.

Front 17

What is client-psychotherapist privilege?

Back 17

This only applies in judicial proceedings. (trials, depositions, subpoenas for records). Allows psychotherapist to not disclose things client has said in confidence.

Front 18

When does client privilege apply to clinical social work?

Back 18

a) social worker is the client's therapist

b) information was said in CONFIDENCE

c) the privilege is NOT WAIVED by client (holder of the privilege)

Front 19

Who can hold privilege of client disclosures?

Back 19

a) client themselves

b) conservator or guardian should they exist

c) personal representative if client is dead

d) therapist

Front 20

What is a social worker's obligation around reporting domestic violence?

Back 20

None. Only medical staff are currently mandated to report suspected domestic violence. Courts can compel disclosure from a social worker, however, with court order.

Front 21

What are the conditions under which you can refuse to disclose records to a client?

Back 21

1) you document date of request and reason for refusal

2) you make records available to other treating providers

3) you inform patient of your refusal and inform them of their right to have their records sent elsewhere

4) you can choose to make a summary and provide to patient

Front 22

Which is more restrictive about client records, HIPPA (federal) or California Law?

Back 22

California law, the Confidentiality of Medical Information Act (COMIA)

Front 23

What is the set of laws that require extra privacy protections for sensitive info, such as substance abuse treatment records or HIV status?

a) HIPPA

b) COMIA

c) BOTH

Back 23

COMIA (california privacy law)

Front 24

true or false

A provider has an obligation to communicate with a client over email if they request it

Back 24

True! Providers are required by law to make alternative communication options available if reasonable to do so.

Front 25

true or false. All email communication must be through encrypted email.

Back 25

False. HIPPA does not (yet) require encryption, but does require efforts made to avoid disclosure, including limiting info disclosed in unencrypted emails. encryption is encouraged but it is understood can be a financial burden.

Front 26

True or False. Under HIPPA, clients have a right to inspect their psychotherapy notes.

Back 26

False. Clients have a right to their medical record but not "psychotherapy notes", which is narrowly defined as "contents of a conversation during a private counseling or group counseling session, separated from the rest of the clinical record" (I.e therapist note to self)

Front 27

what criteria need to be met for a 5150 hold?

Back 27

danger to self, danger to others, grave disability as a result of mental disorder

Front 28

How long can you hold someone on 5150?

Back 28

72 hours, weekends can be excluded if no treatment available on those days

Front 29

If a patient requests records, can you prepare a summary of the record rather than disclosing all records?

Back 29

yes, as long as it contains pertinent history, consults and referrals, diagnosis, treatment plan, prorgess of treatment, prognosis, tests, discharge summaries, and ALL medications prescribed

Front 30

how old does a minor need to be to get birth control?

Back 30

any age.

Front 31

At what age can minors consent to AOD treatment?

Back 31

12 years or older. The minors parents must be included in treatment, or if not appropriate, must state in the clinical record why it is not appropriate

Front 32

if a minors parents seek AOD treatment for a child who does not want it, can the child still be treated by a provider?

Back 32

yes. and the minors records can be given to the parents without minors consent in this scenario.

Front 33

Under what conditions can a minor become emancipated?

Back 33

a) they are married

b) they are in the armed forces

c) they prove to the court that they are 1) at least 14, 2) willingly lives separately from parents, 3)is managing own finances, 4) the sources of income is not illegal

Front 34

True or False. You do not have to do a child abuse report if you find out your client has been trading child pornography pictures over the internet.

Back 34

False. Anyone who depicts, duplicates, prints, or exchanges any media in which is child is engaged in obscene sexual conduct is committing sexual exploitation of a child and is reportable

Front 35

Does the law consider it neglect if a family does not pursue recommended medical care for their child due to religious reasons?

Back 35

No. If there is no other indication of neglect or abuse besides this, it is not reportable.

Front 36

How quickly must you report child abuse/neglect? how do you report it?

Back 36

IMMEDIATELY reported by phone, with a written report to follow within 36 hours.

Front 37

If you make a child abuse report privately, on a neighbor (not in your professional capacity), can you be sued later?

Back 37

no. Mandated reporters can make reports as private citizens but are not REQUIRED to make reports as private citizens. However, they do get immunity from liability as a result.

Front 38

What are the seven types of elder abuse?

Back 38

1) isolation

2) mental suffering

3) neglect

4) physical abuse

5) abandonment

6) abudction

7) fiduciary abuse

Front 39

What are the timelines for reporting elder abuse?

Back 39

By phone, IMMEDIATELY report. A written report within 2 working days.

Front 40

Jj

Back 40

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