Law & Ethics - TDC - Frequently Missed True/False

1. _____Ignorance of the law is an acceptable legal defense for injuring clients.

False- you are responsible for knowing the law

2. _____Clients have the right to sue their clinician for abandonment.

True- it is the therapists ethical responsibility to provide referrals

3. _____A client is legally entitled to adequate information from the therapist before the client provides consent to treat.

True- risks and benefits, fees, termination process within consent

4. _____Clinicians should take additional steps if necessary to insure a client's comprehension of the informed consent contract.

True- i.e. English as a second language, explaining terms they may not know

5. _____Couples should be informed that both reconciliation and separation are possible outcomes of therapy.

True- expectations of tx managing expectations

6. _____ Terminating services in order to pursue a social financial, or sexual relationship with a client is acceptable.

False

7. _____ If a 13 year-old seeks and consents for his own treatment his parents still have a legal right to access his records.

False- if ct 12 or older and can consent for his own tx, he would have to provide an ROI to allow anyone included his parents to access his records

8. _____A therapist must obtain signed informed consent prior to treatment.

False- if adult, signed consent not necessary; if a MINOR, need signed consent

9. _____When treating a couple the clinician only needs informed consent from one of the individuals.

False- need from all tx units

10. _____Termination rights for both the clinician and the client should be included in the informed consent.

True

11. _____ Legally fees must be disclosed before the onset of therapy.

True

12. _____A therapist should document that he/she obtained informed consent for treatment from client.

True

13. _____ The therapist has an ethical and legal duty to inform clients of possible outcomes of treatment in order to remain within the standard of care.

True

14. _____ A therapist should obtain a distinct and separate informed consent for the use of any challenging or novel modalities including any involving touch.

True

15. _____The clinician is responsible for providing appropriate referrals for continuity of care when the client initiates termination.

False- true is clinician terminates

16. _____ Managing confidentiality is a legal and ethical issue.

True

17. _____The only exceptions to confidentiality are by a client's written consent to release information or a legal mandate or legal permission to release information.

True

18. _____If a husband calls for information about his wife who is in treatment the therapist should assert privilege.

False- privilege is only when dealing with court- term used regarding ROI in legal setting

19. _____The term privilege relates to the release of information in a legal setting.

True

20. _____A therapist is obligated to break confidentiality if there is reasonable suspicion of child abuse.

True

21. _____A therapist is obligated to break confidentiality if the client is suicidal.

False- grey area, CAN but not legally obligated, must determine clinical context

22. _____ A therapist is mandated to break confidentiality is there is reasonable suspicion of elder abuse.

True

23. _____If a client has a plan to vandalize someone's car the therapist should warn the victim and warn the police.

False- not enough to warrant Tarasoff

24. _____If a new client indicates signs of hopelessness and depression a prudent therapist would assess for suicide.

True- managing suicide is a legal requirement

25. _____ If a client makes a serious threat to harm an identifiable other the therapist must warn the victim.

False- must warn police (legal), victim is optional

26. _____Someone over the age of 60 is considered an elder.

False- 65+ is considered an elder

27. _____Therapists are mandated to report domestic violence.

False

28. _____If a 65-year-old woman shares that her husband hit her the therapist should report domestic violence to the police.

False- report to APS

29. _____ When a clinician faces a legal action against them initiated by the client the BBS or a district attorney, the therapist is permitted to break confidentiality.

True- example of when ct does not have privilege (b/c ct initiated legal action, they waived it in order to do so?)

30. _____If another clinician contacts you stating that he/she has a release you may provide the information requested.

False- need to see a copy of the ROI

31. _____A group confidentiality contract is a good way to clarify clients' responsibility and protect the clinician.

True

32. _____When treating minors it is the parent who holds privilege.

False- the ct holds privilege unless there is a guardian ad litem (or conservator?)

33. _____ If an adult client shares they were a victim of child abuse as a minor and the perpetrator still has access to children the therapist must file a child abuse report.

False- not enough to warrant report- need to have reasonable suspicion abuse is currently happening (need new incident)

34. _____Therapists are always required to obtain written consent from a parent or guardian before releasing any confidential information about a minor client.

False- if ct is under 12 need from parent; if 12+ need from child (can get from both, but child 12+ is enough, and MUST get from child)

35. _____ The parent or guardian must provide legal consent for a minor's treatment if the minor is under 12.

True

36. _____ It is a therapist's legal responsibility to make an effort to learn and understand cultural assumptions of their client.

False- it's an ethical issue to be culturally competent, not legal

37. _____Providing false information to an insurance company for the purpose of obtaining treatment is ethically acceptable.

False- illegal and unethical

38. _____Therapists have an ethical responsibility to take reasonable care in maintaining client confidentiality while using electronic devices.

True

39. _____If an HIV+ client discloses intent to have unprotected sex with someone the therapist has a legal duty to warn that individual.

False

40. _____When informed of child abuse a therapist must make an immediate report and follow up with a written report within 24 hours.

False- within 36 hours

41. _____When informed of elder or dependent adult abuse a therapist must make the report immediately and follow up with a written report within 3 working days.

False- within 2 days

42. _____ When filing a report the therapist is allowed to share any information about the case that he or she thinks is relevant to report.

True

43. _____Therapists should document their reasons for filing an abuse report.

True

44. _____Privilege is the right of the client to maintain confidentiality regarding the legal system.

True

45. _____If a client initiates a lawsuit claiming emotional injury attorneys for the opposing side are entitled to said client's records.

True

46. _____Privilege is suspended if either client or therapist sues the other.

True

47. _____ If a lawyer subpoenas a client's records without a release and the therapist is unable to contact the client, the therapist should turn over the records.

False- assert privilege

48. _____Professional duty begins as soon as the client enters into an implicit or explicit therapeutic contract.

True

49. _____A therapist may provide services without consent for treatment if the client is in a crisis.

True

50. _____Therapists have a professional duty to know when a specialist should be utilized.

True

51. _____Therapists have a professional duty to know when hospitalization is required.

True

52. _____Authorizations to release information must include an end date.

True

53. _____Therapists have an ethical professional duty to collaborate or refer to improve and protect the health and well-being of their client.

True

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

False- could have outside information and/or clinical judgement, look at whole clinical picture (esp ct mood or state)

55. _____A therapist is not mandated to report consensual sex between minors when they are between the ages of 14 and 18.

True-

Are either of them 13 or under? No

Either old enough to drink? No

-- In the clear

56. _____If a 16 year old is having consensual sex with her 21-year-old boyfriend the therapist must file a child abuse report.

False-

Are either of them 13 or under? No

Either old enough to drink? Yes

Is the other old enough to drive? Yes

-- in the clear

57. _____If a 15 year old is having consensual sex with her 21-year-old boyfriend the therapist must file a child abuse report.

True

58. _____If a 13 year old is having consensual sex with her 15-year-old boyfriend the therapist must file a child abuse report.

True- if they are 13, can only be sexually active with another 13 yr old or younger

59. _____If a client makes a threat to an unidentifiable victim the therapist must warn the police.

False- must be identifiable (could also be an identifiable population or place, like a school)

60. _____Therapists must maintain mental health records.

True

(must keep records that meet the standard of care)

61. _____ If a therapist receives a court order for client records the therapist should assert privilege.

False- with a court order you cannot assert privilege (only assert priv if subpoena by 3rd party like a lawyer)

62. _____Therapists should investigate child abuse if they have reasonable suspicion.

False- you would file report, not our job to investigate, but IS obligation to assess

63. _____If child abuse occurs in another state the therapist is mandated to report the child abuse in the state in which it occurred.

False, report in CA

64. _____A therapist should inform couples of their "secret" policy before the onset of treatment.

True

65. _____ Statements made by a client's immediate family members regarding the client's serious danger to harm someone must be considered in Tarasoff situations.

True

66. _____Performing any professional services outside the scope of the license is acceptable if explained to the client.

False

67. _____Clinicians should not engage in dual or multiple relationships with clients or former clients where there is a risk of potential harm to the client.

True

68. _____When dual or multiple relationships are unavoidable clients are responsible for setting clear, appropriate boundaries.

False- the clinician is responsible

69. _____Therapists should avoid initiating treatment when there is a known dual relationship.

True

70. _____When a clinician provides services to two or more people who have a relationship to each other (e.g. couples, family members), the clinician should clarify the nature of his or her professional responsibilities to each individual.

True

71. _____Clinicians should under no circumstances engage in sexual activities or sexual contact with current clients whether such contact is consensual or forced.

True

72. _____Clinicians should not engage in sexual activities or sexual contact with clients' relatives or others with whom clients maintain a close personal relationship.

True

73. _____Clinicians should not provide clinical services to individuals with whom they have had a prior sexual relationship.

True

74. _____ It is considered unprofessional conduct to engage in sexual relations with a client within two years following termination of therapy.

True (ethical issue)

75. _____ When obtaining a release of information all members of the treatment unit who are old enough to consent should sign the release.

True

76. _____ A therapist should report to CPS if they find out one of their clients is dealing drugs to junior high students in the area

False- a minor using a drug is not reason to report, and even though we could argue that drugs are harmful the ct does not have intent to harm

77. _____ If a client has not had a complete medical evaluation in the last two years a reasonable and prudent clinician should refer the client for a complete medical check-up.

True, want to rule out medical condition

78. _____Clinicians providing any treatment without a psychiatric consultation when warranted, are considered to be practicing below the standard of care.

True

79. _____ If the client has a legally designated conservator or guardian ad litem then that person may exercise privilege on their behalf.

True

80. _____Parents may exercise the privilege on behalf of their child simply because they are that child's parents.

False- even parents have to go to the court and become a guardian ad litem

81. _____A clinician who receives a subpoena for the records of a minor client would not look to the parents or guardians for instructions on whether to release the records but would instruct the parents or guardians to petition the court for guardian ad litem status.

True

82. _____Clients have the right to revoke or modify release authorizations at will.

True

83. _____A therapist has a legal duty to prevent suicide.

False- not legal duty to prevent it but we have to take "appropriate preventive measures" to avert harm to suicidal clients.

84. _____Clinicians must take "appropriate preventive measures" to avert harm to suicidal clients.

True

85. _____ Ethically it is acceptable to wait until middle phase of treatment to determine who the unit of treatment is going to be.

False

86. _____Minors may only consent to their own treatment if they are over the age of 12 and are victims of abuse.

False- just have to be 12 and mature enough to engage meaningfully in therapy

87. _____Clinicians are expected to recognize risk factors that can lead to actions resulting in harm to self or others.

True

88. _____Not keeping mental health records that meet the standard of care is considered illegal and unprofessional conduct.

True- legal (and ethical?)

89. _____A clinician can hospitalize a client when the client's mental or physical state causes him/her to be in imminent danger of harming self or others.

False- can initiate hospitalization/5150 but cannot actually hospitalize ct

90. _____Social isolation of an elder or dependent adult is a mandated report.

True

91. _____A clinician can be deemed legally negligent when his/her treatment plan neglects or overlooks a client's suicidal tendencies.

True

92. _____When a client is over 18 years of age and discloses abuse he/she experienced as a child the therapist is mandated to report it.

False

93. _____A clinician is mandated to report all child abuse including on children residing outside the state of California.

True- remember to report to CA even if happened in another state

94. _____Therapist have 3 working days following a written request from a client to allow the client to inspect records.

False- 5 days

95. _____A therapist should keep records for a minimum of 5 year to meet the standard of the profession.

False- 7 years or ct is 25 (7 yrs after turn 18)

96. _____A therapist has 15 days to provide the patient with a copy of the records.

True

97. _____A therapist may deny a client access to their records when the therapist determines that there is a high risk of detrimental consequences to the client if the client were to see the records.

True- (remember that if therapist does this, ct has right to have another therapist look at their records to see if there is reason to deny access)

98. _____Client records are the property of the client.

False- records are property of therapist or agency

99. _____ The monetary value of the gift should be considered when deciding whether or not to accept a gift from your client.

True

100. _____ A therapist may deny a parent access to the minor's record if the clinician believes releasing the records would have a detrimental effect on the therapeutic relationship.

True