Law and Ethics psych 560 Quiz #4

informed consent

legal and ethical obligation of consultant

involves right of client to be informed about their therapy and to make autonomous decisions pertaining to it

define boudnaries/clarify the nature of basic consulting relationship

educating clients about informed consent

empower client to ask questions about their care

questions for clients to answer about their care

What are: 

• your goals of this? 

• expected of client? 

• limitations of confidentiality? 

• financial agreements? 

To what extent is the consultant available between sessions? 

informed consent in private practice & agency settings

• information about consulting process (verbally & writing)

• document that you reiterated the information that was recently signed by client/parent

• if working in agency ask about required paperwork

• if running own business make sure you have your own paperwork clear and concise

Content of Informed Consent

• what the process is

• background of the consultant

• costs involved

• length of consultations and termination

• clients’ right of access to their files

• recording therapy sessions or live observations

AASP member & CMPC: a

a. obtain appropriate informed consent for services (use understandable language) ASAP, content will vary

AASP member & CMPC: b

if client is legally incapable of providing consent

AASP member & CMPC: c

AASP member & CMPC: d

Nature and purpose of confidentiality

• confidenciality is a right granted to all clients of mental health couseling services

• being clear about how information clients give you is going to be used anf secured

• this promotes turst and will give you the best foundation as a consultant to help your client

Limits of Confidentiality

When: 

• clerical assistants handle confidential information

• consultant consults 

• consultant is being supervised 

• client has given consent 

• client poses danger to self or others 

• client discloses intention to commit crime 

• consultant suspects abuse/neglect

• court orders consultant to make records available 

guidelines for maintaining adequate clinical records

should be detailed accounts of these items: 

• plans for servies 

• informed consent/documentation of such

• fees/billing info

• identifying data

• assessment/summary info

• keep all info private information safe & secure 

ethical issues in online consulting

ethics code and technology

emerging issues w online consulting 

• require identification 

• discuss a plan for when technology fails

• comply w HIPPA confidentiality 

• respond in timely manner to clients texts or emails 

advantages and disadvantages of online consulting

Pros:

• more accesible 

• in own space 

Cons: 

• if 

HIPPA

Health insurance portability and accountability act, provides legal protection for ppls personal health info and links closely w the ethical issue of 3rd party request for service

• defines who much follow laws regarding protected health info, who is exempt from the limitations of HIPPA and what/how info is protected, who has access to PHI and what right individuals have w respect to their PHI

privacy rule

defines rules and limitations regarding access to all forms of personal health information

• purpose of both rules is to protect a clients confidential file

security rule

serves to shelter the indivduals information after access has been allowed

• in order to clear this 2nd hurdle, the healthcare team must find ways to protect confidentiality whole PHI is being shared electronically between team members

• delimits electronic info

Malpractice

failure to render professional services/exercise the degree of skill that is ordinarily expected of professional services in similar situation

professional negligence

can result from unjustified departure from usual practice

standard of care

standards that are commonly accepted by the profession

reasons for malpractice suits

• failure to obtain/document informed consent

• refusal to counsel clients due to value differences

• client abandonment/premature termination

• sexual misconduct w a client 

• practicing beyond scope of competency 

• negligent assessment/misdiagnosis 

• unhealthy responses to transference relationships 

• failure to assess or manage a dangerous client 

malpractice is reduced by 

• reasonable assessment and intervention process took place 

• professional consultation was sought 

• clinical referrals were made when appropriate 

• thorough and current documentation was done 

risk management

practice of focusing on the identification, evaluation, and treatment of problems that may injure clients and lead to fulfilling an ethics complaint to a licensing board

ways to help risk management

• be aware of local and state laws

• make use of treatment contracts

• inform clients that they have a right to their care and to terminate treatment at any time

• document what you do and why

• maintain good financial and clinical records