LCSW Law and Ethics TDC

Ignorance of the law is an acceptable legal defense for injuring clients

False

Clients have the right to sue their clinician for abandonment

True

A client is legally entitled to adequate information from the therapist before the client provides consent to treat

True

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

True

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

True

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

False

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

False

A therapist must obtain signed informed consent prior to treatment.

False

When treating a couple, the therapist only needs informed consent from one of the individuals.

False

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

True

Legally, fees must be disclosed before the onset of therapy.

True

A therapist should document that they obtained informed consent for treatment from a client.

True

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

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

True

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

False

Managing confidentiality is a legal and ethical issue.

True

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

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

False

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

True

A therapist is obligated to break confidentiality if there is reasonable suspicion of abuse.

True

A therapist is obligated to break confidentiality if a client is suicidal.

False

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

True

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

False

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

True

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

False

Someone over the age of 60 is considered an elder.

False

Therapists are mandated to report domestic violence.

False

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

False

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

True

If another clinician contacts you stating that they have a release, you may provide the information requested.

False

A group confidentiality contract is a good way to clarify client's responsibility and protect the clinician.

True

When treating minors, it is the parent who holds the privilege.

False

If an adult client shares that 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

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

False

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

True

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

False

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

False

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

True

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

False

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

False- it is 36 hours

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- it is 2 working days

When filing a report, the therapist is allowed to share any information about the case that they think is relevant to report.

True

Therapists should document their reasons for filing an abuse report.

True

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

True

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

True

Privilege is suspended if either client or therapist sues the other.

True

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

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

True

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

True

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

True

Therapists have a professional duty to know when hospitalization is required.

True

Authorizations to release information must include an end date.

True

Therapists have an ethical professional duty to collaborate or refer to improve and protect the health and wellbeing of their client.

True

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

False

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

True

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

False

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

True

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

False

Therapists must maintain mental health records.

True

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

False

Therapists should investigate child abuse if they have reasonable suspicion.

False

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

False- always report in California if licensed here

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

True

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

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

False

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

True

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

False

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

True

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 their professional responsibilities to each individual.

True

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

True

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

True

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

True

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

True

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

True

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

False

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

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

True

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

True

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

False

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

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

True

A therapist has a legal duty to prevent suicide.

False

Clinicians must take "appropriate preventative measures" to avert harm to suicidal clients.

True

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

False

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

False

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

True

Not keeping mental health records that meet the standard of care is considered illegal and unprofessional conduct.

True

A clinician can hospitalize a client when the client's mental or physical state causes them to be in imminent danger of harming themselves or others.

False- we can only initiate hospitalization

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

True

A clinician can be deemed legally negligent when their treatment plan neglects or overlooks a client's suicidal tendencies.

True

When a client is over 18 years of age and discloses abuse they experienced as a child, the therapist is mandated to report it.

False

A clinician is mandated to report all child abuse, including on children residing outside of California.

True

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

False

A therapist should keep records for a minimum of 5 years to meet the standard of the profession.

False

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

True

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

Client records are the property of the client.

False

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

True

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