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CA MFT Exam - Law & Ethics: Questions & Answers
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CA MFT Exam - Law & Ethics: Questions & Answers
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CA MFT Exam - Law & Ethics: Questions & AnswersMFT Scope of Practice ✔️Ans - A legal term. An LMFT may:
Practice psychotherapy
Diagnose and treat mental disorders (in order to improve client's
relationships)
Administer and interpret psychological tests (as long as doing so is within
the MFT's scope of competence as determined by education, training, or
experience, and as long as it is directed toward improving client's
relationships
Privilege ✔️Ans - A legal term. The legal right not to have confidential
information revealed during legal proceedings or in court. The client or
client representative holds the privilege.
Subpoenas and privilege ✔️Ans - A therapist's first response upon
receiving a subpoena is to assert privilege. The therapist can release
records if the client gives him written permission to do so, or if the court
orders him to do so.
Who holds privilege? ✔️Ans - The client, if he is an adult, or if he is a
minor who is receiving treatment without parental consent.
The court can waive the privilege
If a minor is a ward of the state, the minor holds privilege, which can be
waived by the court or by the client's attorney
If there is a legal guardian, he/she can waive privilege on behalf of client
Exceptions to privilege ✔️Ans - A judge decides if the facts of the case
fall under one of the following exceptions to privilege:
The client has introduced his emotional condition in a legal proceeding
The client has treated information as if it were not confidential
The thx has been appointed by the court to examine the client
The thx has been ordered by the court to divulge information
The client has sought therapy to commit and/or escape punishment for a
crime
Proceedings to determine sanity
Proceedings to establish client competence
, Confidentiality ✔️Ans - Both legal & ethical term
Thx cannot divulge HIV even if client is endangering a partner
Mandated reporters are allowed to respond to follow-up inquiries from
investigators
Mandated Exceptions to Confidentiality ✔️Ans - Suspected abuse
Tarasoff
The Patriot Act of 2002
Permissive Exceptions to Confidentiality ✔️Ans - Client is a danger to
self, or to the person or property of others (California evidence code 1024)
Disclosures to licensed professionals (such as supervisor or colleague) to
get help in treating client
When there is an authorization to release PHI
When client has signed a health insurance claim form
Breach of duty (thx sues client for non-payment, or client sues thx for
malpractice)
Child Abuse Reporting ✔️Ans - Immediately by phone
Within 36 hours by written report
Optional reporting of child abuse ✔️Ans - Emotional abuse and fetal
abuse
Out of state reporting of child abuse ✔️Ans - Must be reported no
matter where it occurs, and no matter the location of the victim/abuser
All reports must always be made to CPS or law enforcement within
California
Historical reporting of child abuse ✔️Ans - When victim is now over 18,
no report
When victim is now over 18, but thx has a reasonable suspicion that the
perpetrator has or is abusing others who are currently under the age of 18
"Having access" is a myth; emphasis is on "reasonable suspicion"
Non-reportable "Lewd & Lascivious Conduct" ✔️Ans - • A minor is
under 14 years old and his or her partner is under 14 years old, assuming
they are of "similar age, maturity, & sophistication."
• A minor is 14 years old and his or her partner is under 24 years old.
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