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Law and Ethics Exam Flashcards _ (DETAILED ANSWERS) Semester 2 2024 - DISTINCTION
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Law and Ethics Exam Flashcards _ (DETAILED ANSWERS) Semester 2 2024 - DISTINCTION
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8/12/24, 6:54 AMLaw and Ethics Exam
Jeremiah
Terms in this set (181)
1. Describe parameters
2. determine what issues are involved
3. consult guidelines and laws for each issue
Sets for ethical and legal dilemmas
4. identify alternative solutions
5. consider consequences of each alternative
6. choose course of action
Scope of practice legally defined boundaries of a counselor's professional practice
a) 6 semester units or 9 quarter
in order to see couples and families: b) at least 500 supervised hours
c) at least 6 hours or CEUs in MFT with WITH RENEWAL CYCLE
1. A 67-year-old woman meets with a C. Call police to report client's plan and process it with client.
therapist for the first time. She informs the Rationale: The best answer is C. The client has made a serious threat of physical
therapist that her husband is physically violence toward her husband, so the therapist's duty to protect/duty to report has been
abusive toward her and she can't take it triggered. We cannot maintain confidentiality in this case, so A is eliminated. B does not
anymore. She shares her plan to finally stand address the imminent danger at all. This leaves C and D. The first part of D is correct, as
up to him by taking a knife and showing him elder abuse is present, but notifying the husband of her threat is not clinically
what it feels like to be hurt. She states she appropriate. There is a history of physical violence perpetrated by the husband; sharing
has never harmed him before. How should this information with the husband could inflame the situation and increase the
the therapist manage likelihood of violence between the husband and wife. This leaves C as the best
the legal obligations in this case? available option.
A. Create a safety plan and maintain
confidentiality. B. Create a safety plan and
report abuse to police.
C. Call police to report client's plan and
process it with client.
D. Call APS and warn her husband of her
plan for violence.
Law and Ethics Exam
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,8/12/24, 6:54 AM
2. A client reports that she recently awoke in C. Inform the client that the therapist must file a child abuse report.
the middle of the night to sounds of Rationale: This would trigger a mandated report for neglect so C is the best answer as it
crying children in the apartment next door. manages the legal obligation. There is enough for reasonable suspicion so D is not
She went to see if everyone was okay and indicated. A and B could be done at some point but a report has been triggered so that
discovered that the parents had left the 8- needs to be done first.
year-old, 5-year-old, and 2-year-old home
alone. The client suspects that the parents
are using drugs and expresses a desire to
help the kids. How should the therapist
manage the legal obligations?
A. Process client's feelings about the
situation and document the need to file a
report in the file.
B. Discuss ways the client could help the
kids.
C. Inform the client that the therapist must
file a child abuse report.
D. Determine if the children are in danger.
CAN USE- administer and interpret psychological tests to assess attitudes, abilities,
aptitude, achievements, interests, personal characteristics, disabilities, and mental and
emotional, and behavioral concerns and development
Can use what tests? CANT use what?
CANT- personality tests, intelligence tests, neuropshychological tests, battery of 3 or
more to assess psychosis, dementia, amnesia, cognitive impairment, or criminal bx
Counselor providing information outside of denial, suspension, or revocation of license or registration
scope consequences
limits of what a counselor is qualified to do (education, training, supervised experience,
Scope of competence:
credentials, and professional experience)
1. Communicate appropriately
2. no discrimination
Diverse populations keep in mind: 3. culturally sensitive when diagnosing (culture and economic status)
4. Address biases
5. Asses instruments are culturally sensitive
requires counselors to address when mental illness, physical illness, chemical
Counselor impairment
dependency, or other factor may interfere with the ability to provide ethical treatment
1. encourage counselor first
ethical violations of colleagues? actions you
2. Formal report to state or national board
take?
3. always take into consideration client confidentiality
the right to privacy and refers to obligation to protect clients from unauthorized
Confidentiality information disclosure being revealed from a professional relationship (cannot confirm
or deny this person is a client)
Confidentiality ethical or legal? Both, disclose only when appropriate with consent or legal/ethical justification
stress the importance, express it in prescreening interviews and initial counseling
Group therapy confidentiality requirements
sessions and periodically reminding members
define who is client, discuss confidentially, document in writing agreement in
Couples and families confidentiality
confidentiality, make apolicy
counselors should discuss with research participants the limits to the research and
Research Confidentiality implement procedures that protect confidentiality, disguise participants unless they
have authorization
Law and Ethics Exam
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avoid disclosing confidential info to consultants that "reasonably could lead to"
Consultations confidentiality identification of a client without prior consent of the client, only discuss relevant info for
the purpose to consult
Electronic media confidentiality emails, voicemails- HIPAA
Still do not disclose information without authorization from client or client's
Court-ordered treatment confidentiality representative, court can order a waiver of confidentiality for court, probation officer,
other relevant people
HIPPA's privacy rule requires counselors to written Notice of Privacy Practices at or before the beginning of treatment that
provide indicates how protected health information will be used and disclosed
1. Duty to warn/protect
When confidentiality MUST be breached
2. Child abuse (under 18)
(MUST BE!)
3. Elder/dependent adult abuse
1. certain types of child/elder abuse (emotional damage or at risk of suffering emotional
damage)
When confidentiality MAY be breached
2. Danger to self/others
(MAY BE)
3. Disclosure to health care providers, plans, professionals, facilities (common practice
to provide auth but not required)
denial, suspension, or revocation of license, misdemeanor punishable by jail 6 months
Penalties for breaching confidentiality
and/or fine not exceeding $2,500
Health Insurance Portability and Accountability Act- to secure patient's health
information
HIPAA's privacy rule security rule- security safeguards for electronic PHI
transaction rule- required providers who submit certain transactions electronically to
use the same electronic format
health care providers, health care plans, counseling, mental health furnishes, bills, or is
Covered entities (HIPPAA)
paid for health care in a regular course of business
required before discloses PHI except with info is being disclosed for routine purposes
(billing, treatment, etc), when disclosure is necessary to avert a serious threat to the
health or safety of patient/others.
Auth includes-
Authorization
1. description of information to be disclosed,
2. name/function of person
3. expiration date of auth,
4. statement informing patient his/her right to receive copy of auth and to revoke it
1. Right to inspect and receive a copy of their PHI, Pt cannot obtain info when Phi was
obtained by someone other than the provider under the promise of confidentiality
2. Right to amend their PHI-request an amendment
3. Right to receive an accounting of disclosures of their PHI- to third parties made
during a 6 year period prior to request
Patient Rights
4. Right to request restrictions on disclosures of their PHI
5. Right to request confidential communications- request to speak within them in a
certain way (phone or send mail to post office )
6. Right to receive a notice of privacy practices- note of their rights prior to treatment
(NOT a substitute for informed consent)
LEGAL term referring to a person's rights to not have confidential information revealed
Privilege
in a legal proceeding without permission of the person or their legal rep.
1. Patient
2. Guardian or conservator of the patient
Holder of privilege 3. Personal representative if the patient is dead
Law and Ethics Exam - Counselor cannot testify if privilege is not waived or court decides its an exception
3/22
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