Law and Ethics TDC 2

Which of the following accurately describes the Board of Behavioral Sciences:

A. It is a professional agency designed to protect mental health practitiioners

B. It is a state licensing agency that exists to protect the public

C. The BBS is a branch of the federal government that develops and oversees laws pertaining to the practice of behavorial health professionals

D. The BBS is a tax funded state agency that is part of the legislative branch.

It is a state licensing agency that exists to protect the public

The Board of Behavioral Sciences is part of which branch of government?

A. Legislative branch

B. Judicial branch

C. Executive branch

D. An independent agency

C. Executive branch

The BBS has the authority to do which of the following?

A. Develop statutes and regulations that are voted on by the state legislature

B. Create regulations, which are rules that implement laws passed by the legislature

C. Advocate for laws that will benefit behavioral health workers

D. Veto laws that board members view as harmful to the general public

B. Create regulations, which are rules that implement laws passed by the legislature

The BBS can refuse to issue any registration or license, or may suspend or revoke the license or registration of any licensee or registrant if the applicant, licensee, or registrant has been guilty of unprofessional conduct.

A. TRUE

B. FALSE

A. TRUE

When regulations are developed in a public agency, they must:

A. Be subject to public input before they can be adopted or implemented

B. Receive written approval from the governor

C. Be implemented within one month of issuance

D. All of the above

Be subject to public input before they can be adopted or implemented

The BBS could discipline a licensee or registrant in which of the following instances:

A. If the licensee or registrant receives a DUI

B. If the licensee or registrant fails to pay state or federal taxes

C. In cases where the licensee or registrant fails to obtain required continuing education coursework

D. All of the above

A. If the licensee or registrant receives a DUI

B. If the licensee or registrant fails to pay state or federal taxes

C. In cases where the licensee or registrant fails to obtain required continuing education coursework

A therapist can petition the Department of Consumer Affairs to reinstate their license if the Board of Behavioral Sciences revokes it following a disciplinary investigation in which he or she has been found guilty of unprofessional conduct.

A. TRUE

B. FALSE

B. FALSE

The most commonly cited reason psychotherapists are disciplined by the BBS is:

A. False advertising

B. Practicing outside their scope of practice

C. Receiving a DUI

D. Poor record keeping

Receiving a DUI

It is illegal to engage in sexual activity with a client in which of the following instances?

A. Engaging in sexual activities during treatment or within two years of termination

B. Engaging in sexual activities within 4 years of termination

C. It is always illegal and unethical to engage in sexual activities with a current or former client

D. It is only illegal to engage in sexual activity when actively treating the client.

Engaging in sexual activities during treatment or within two years of termination

A psychotherapist who advertises as an EMDR specialist, but lacks adequate training can best be described as:

A. Engaging in unprofessional conduct

B. Engaging in legal, but unethical practices

C. Meeting the standard of care if they are engaging in ongoing supervision

D. Failing to follow best practices

Engaging in unprofessional conduct

All of the following are examples of unprofessional conduct, except:

A. A therapist receives financial compensation for providing referrals

B. A therapist building their scope of competence informs the client of their current training and supervision prior to engaging in treatment

C. A therapist who is also a lawyer provides legal services to their psychotherapy client

D. A supervisor allows their supervisee to present themselves as able to offer professional services beyond the training or level of education, training or experience

A therapist building their scope of competence informs the client of their current training and supervision prior to engaging in treatment

A psychotherapist who receives a misdemeanor or felony conviction is required to do which of the following?

A. Immediately notify the BBS

B. Notify the BBS of the conviction within 30 days

C. Inform the BBS immediately and notify clients of the conviction

D. The psychotherapist does not have to take actions since law enforcement will notify the BBS

Notify the BBS of the conviction within 30 days

Which of the following describes an ethical dual relationship?

A. A therapist seeking advanced clinical training in Gestalt therapy works with a clinician who is a trainer at the Gestalt training institution

B. A therapist meets with a client who is their child's teacher

C. A therapist begins treatment with their ex-boyfriend's sibling

D. A therapist who is in a PsyD program receives therapy from their professor

A therapist seeking advanced clinical training in Gestalt therapy works with a clinician who is a trainer at the Gestalt training institution

Psychotherapists who maintain a public appearance on social media risk which of the following?

A. Breaking client confidentiality

B. Creating an unknown rupture in the therapeutic relationship

C. Creating blurred boundaries in the therapeutic relationship

D. All of the above

Breaking client confidentiality

B. Creating an unknown rupture in the therapeutic relationship

C. Creating blurred boundaries in the therapeutic relationship

According to the CAMFT Code of Ethics, gifts from clients should:

A. Not be accepted under any circumstances

B. Only be accepted after consideration of cultural norms, value of the gift, and the effect on the therapeutic relationship

C. Only be accepted if the client is in an equal or higher socioeconomic group

D. Not be accepted unless the therapist discussed gifts during informed consent

Only be accepted after consideration of cultural norms, value of the gift, and the effect on the therapeutic relationship

A psychotherapist could face disciplinary actions for engaging in legal, but unethical behavior.

A. TRUE

B. FALSE

TRUE

According to the NASW Code of Ethics, when should issues of confidentiality should be discussed with a client?

A. Prior to the onset of therapy

B. Whenever the therapist believes a client might share incriminating information

C. During the informed consent process and as needed over the course of treatment

D. During the informed consent process

During the informed consent process and as needed over the course of treatment

When engaging in group therapy, psychotherapists ethically should:

A. Inform group members of their legal obligation to maintain confidentiality

B. Obtain a written agreement to maintain confidentiality from group members

C. Terminate group members who break confidentiality

D. Discuss legal consequences for group members if they break confidentiality

Obtain a written agreement to maintain confidentiality from group members

Ethically, a psychotherapist with direct knowledge that a colleagues impairment is interfering with that colleagues ability to effectively treat clients should first:

A. Report the colleague to their professional association's ethics committee

B. Consult with other colleagues to identify next steps

C. Consult with the impaired colleague

D. Provide referrals to the colleague's clients to ensure quality of care

Consult with the impaired colleague

According to ethical guidelines, which of the following steps should a psychotherapist take if an impaired colleague does not take adequate steps to address the impairment that affects their ability to practice effectively?

A. Continue confronting the colleague about concerns and refer them to appropriate resources

B. Inform the colleague that a formal complaint to the BBS is required

C. Take additional action through various channels established by employers, agencies, licensing and regulatory bodies, and other professional organizations.

D. No further action is needed since the therapist confronted the colleague

Take additional action through various channels established by employers, agencies, licensing and regulatory bodies, and other professional organizations.

It is always considered unethical to engage in any form of physical contact with a client.

A. TRUE

B. FALSE

FALSE

Which of the following is the most appropriate response for a psychotherapist if their existing client asks them to complete a custody evaluation?

A. Inform them it is outside the therapist's scope of practice

B. Decline the request and explain that it would create an unethical dual relationship

C. Provide them with a letter that includes the therapist's opinion regarding custody

D. Only complete a custody evaluation if it is within the therapist's scope of competence

Decline the request and explain that it would create an unethical dual relationship

The difference between a forensic expert and a treating therapist is:

A. Forensic experts are retained to offer opinions and make recommendations in various legal contexts and treating therapists provide opinions on the assessment, diagnosis, treatment progress and recommendations, and prognosis of their clients.

B. Treating therapists are retained to offer opinions and make recommendations in various legal contexts and forensic experts provide opinions on the assessment, diagnosis, treatment progress and recommendations, and prognosis of their clients.

C. Treating therapists and forensic experts perform the same duties, and both are able to provide opinions on the assessment, diagnosis, treatment progress and recommendations, and prognosis of their clients.

D. Treating therapists and forensic experts perform the same duties, and both are retained to offer opinions and make recommendations in various legal contexts

Forensic experts are retained to offer opinions and make recommendations in various legal contexts and treating therapists provide opinions on the assessment, diagnosis, treatment progress and recommendations, and prognosis of their clients.

When treating minors and families involved in a custody dispute the therapist should ethically:

A. Obtain consent from the minor's legal counsel

B. Obtain consent from either parent or the minor if they are 12 or older

C. Obtain consent from the minor

D. Obtain copies of any court judgments or orders to determine who has the legal authority to consent to treatment

Obtain copies of any court judgments or orders to determine who has the legal authority to consent to treatment

Scope of practice is used to refer to the activities of the profession and is determined by external oversight organizations and spelled out in the Business and Professions Code.

A. TRUE

B. FALSE

TRUE

What is the first step a therapist should take when an existing client presents with an issue outside of the therapist's scope of competence?

A. Refer the client for adjunct services

B. Seek consultation to determine how to proceed

C. Conduct research to identify the best practices to address the issue

D. Inform the client of their limited competencies and continue to work on issues within scope of competence

Seek consultation to determine how to proceed

The standard of care is comprised of which of the following:

A. Statutes and regulations

B. Ethical Codes

C. Consensus of professional community

D. All of the above

A. Statutes and regulations

B. Ethical Codes

C. Consensus of professional community

What is the best way a psychotherapist can stay up-to-date on California regulatory and statutory changes?

A. Sign up for BBS newsletters and alerts

B. Engage in case consultation

C. Attend legal and ethical trainings between license renewal periods

D. Subscribing to a peer reviewed journal

Sign up for BBS newsletters and alerts

It is both legal and ethical to practice outside one's scope of competence if the psychotherapist is receiving supervision, training and education to support their growth.

A. TRUE

B. FALSE

TRUE

In crisis situations, a psychotherapist may engage in activities that are considered outside of their scope of practice.

A. TRUE

B. FALSE

FALSE

A therapist meets with a new client who has a diagnosis of bulimia nervosa. The therapist has no experience treating eating disorders. What is the best action for the therapist to take in this case?

A. Refer the client to other practitioners with competencies in eating disorders

B. Decline to engage in further treatment

C. Provide therapeutic services and seek additional training

D. Inform the client of scope of competence and proceed with therapy if acceptable to client

Refer the client to other practitioners with competencies in eating disorders

What initial step should a therapist take when they learn a legal action is being taken against them?

A. Immediately consult with professional colleagues

B. Contact their malpractice insurance provider

C. Document the legal action in the client's medical record

D. Review client's medical record to ensure documentation is up-to-date

Contact their malpractice insurance provider

Assessments must be completed within the first session of therapy when meeting with a new client.

A. TRUE

B. FALSE

FALSE

A comprehensive evaluation should include which of the following?

A. Current medication regimen

B. Information regarding risk assessment

C. Past psychotherapy experiences

D. All of the above

A. Current medication regimen

B. Information regarding risk assessment

C. Past psychotherapy experiences

Which of the following is the best tool available to a therapist when defending themselves in a disciplinary hearing?

A. Comprehensive record keeping

B. Engaging in consultation when difficult cases present

C. Seeking ongoing training to build scope of competence

D. None of the above

A. Comprehensive record keeping