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LAW & ETHICS FINAL EXAM LATEST
VERSION REAL QUESTIONS AND
CORRECT ANSWERS ALREADY GRADED
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Reasons a MFT is required to break confidentiality - CORRECT ANSWER 1. Suspected child abuse
- Suspected elder or dependent adult abuse
- Danger to self or others
- Legal authorization such as a court order or client release The event of a national security investigation - CORRECT ANSWER MFTs are required to turn over clients records, but they are legally prohibited from informing the client that they have done so. Instances in which confidential can be broken - CORRECT ANSWER Disclosure of confidential information to the person and entity paying for services Disclosure to public health authorities for the purposes of public health surveillance and interventions Privilege - CORRECT ANSWER Refers to info that can be excluded from court proceedings Can therapist waive clients rights to privileged communication? - CORRECT ANSWER No, only the client can waive their own right to privileged communication
Steps responding to a subpoena or court order - CORRECT ANSWER 1. Contact an attorney asap
- Assess the subpoena for its source (if ordered by a judge, the MFT must obey)
- Contact the client to determine their wishes.
- Assert privilege on behalf of the client (unless waived by client or judge decides privilege does not apply) Both legal parents (parents are married or never married and both have retained parental rights) have to consent for treatment for the minor client. True or false? - CORRECT ANSWER False. Typically either parent can provide consent on their own for therapy for the minor. What is a Caregiver's Authorization Affidavit"? - CORRECT ANSWER Authorization for treatment from a relative who lives in the same home as the minor Parents do not have right to access records of their child's treatment if the child consented independently, & parents cannot be forced to pay for services provided without the parents' consent. True or False? - CORRECT ANSWER True All MFTs are legally required to keep records that are consistent with "sound clinical judgement, the standards of the profession, and the nature of services rendered" True or false? - CORRECT ANSWER True
When is specific authorization not required by law? - CORRECT ANSWER When information is needed by another active health care provider or health care facility for the purposes of diagnosis or treatment or when the information is required as part of a billing process. In order for a mft to write a letter in support of a client's request for an Emotional Support Dog? - CORRECT ANSWER 1. 30-day clinical relationship with the client
- The therapist must complete a clinical assessment
- The therapist must inform the client that falsely presenting an ESD as a service animal is a crime. What must happen at the start of engaging a client in telehealth? - CORRECT ANSWER 1. Get specific telehealth consent
- Inform Clint's of the risk and limitations of telehealth services 3. Provide the client with the MFT's licensure/registration information 4.Document reasonable efforts to locate crisis resources local to the client What must happen at the start of each telehealth session? - CORRECT ANSWER 1. The mft must obtain and document the client's full name and current location (specific address) 2. Assess whether the client is appropriate for telehealth
- Use best practices for security and confidentiality Psychotherapy notes are considered part of the client records. True or false? - CORRECT ANSWER False; psychotherapy notes must be kept separate from the rest of the client file and are NOT considered part of the client record. However, under state law, these records would still be subject to subpoena.
If you suspect child abuse, you must immediately report by phone to DCFS and follow up with a written report within 48 hours. True or false? - CORRECT ANSWER False, the written report must be submitted within 36 hours. Anyone admitted as an inpatient in a hospital or other 24-jour health care facility is, by definition, a dependent adult. True or false? - CORRECT ANSWER True If elder/dependent abuse does NOT occur in a long-term care facility, then a phone report of the abuse must be made immediately to Adult Protective Services and follow up within two working days. True or false? - CORRECT ANSWER True Can a mft begin the process of involuntary hospitalization if they believe that a client has a mental disorder causing them to be a danger to themselves or is gravely disabled and refusing voluntary services? - CORRECT ANSWER Yes! But the MFT must be able to cite specific facts supporting their decision and then find what the county considers a "eligible professional" like a police officer to write the 5150 application. Tarasoff v. California Board of Regents - CORRECT ANSWER Established that danger to a reasonably identifiable victim outweighs client confidentality.
Exceptions to Privilege - CORRECT ANSWER 1. The client makes their mental or emotional condition an issue in a lawsuit.
- The client alleges breach of duty by the therapist.
- Evaluation or therapy is taking place by court order.
- A defendant in a criminal case requested the evaluation or therapy to determine their sanity.
- The client is under age 16 and is the victim of a crime, and the therapist believes that disclosing information is in the child's best interests.
- The therapist was sought out for the purpose of committing a crime or avoiding detection after the fact. For former clients, state law prohibits sexual behaviors for one year after the last professional contact. True or false? - CORRECT ANSWER False; Two years If your client informs you that they have had a sexual relationship with another therapist, you are required by law to provide for them the state-authored brochure Therapy Never Includes Sexual Behavior. True or false? - CORRECT ANSWER True MFTs' scope of practice - CORRECT ANSWER MFTs are allowed to work with individuals, couples, families, and groups, use psychotherapeutic techniques, independently diagnose mental illnesses and use psychological tests. What are two conditions that MFT can use psychological tests? - CORRECT ANSWER 1. It has to be in the context of a therapy relationship.
- The MFT must have adequate training in administering the test.
What are limits to MFTs' scope of practice? - CORRECT ANSWER MFT cannot provide legal advice, medical advice, or other forms of guidance that are outside of the MFT scope of practice like recommending medication. What does unprofessional conduct mean? - CORRECT ANSWER Actions taken in a professional role that are below minimum professional standards. Under state law, you must inform clients before treatment begins of the fee they will be charged and the basis upon which that fee was computed (like a sliding scale). True or false? - CORRECT ANSWER True Every new client does not need to be informed of the process of filing a board compliant. True or false? - CORRECT ANSWER False; Legally, every client needs to be informed of the process in the event that they choose to file a complaint in the future. Federal law requires therapists to provide a Good Faith Estimate of a new client's treatment costs, if the client is not planning to use their insurance to cover these costs. True or false? - CORRECT ANSWER True Which one is incorrect? A. Insurance companies typically must reimburse MFTs alongside other mental health providers.
Therapist can advertise their fee in any manner. True or false? - CORRECT ANSWER False; Fees must be must exact! Fees such $95 and up are not legal. Advertisement that is false, misleading or deceptive are not legal including scientific claims that are not backed by research. True or false? - CORRECT ANSWER True Therapists are legally prohibited from accepting any form of payment for referrals. True or false? - CORRECT ANSWER True When a situation comes up in therapy that is outside of an MFT's scope of competence, a responsible MFT will consult with a supervisor or others to determine what appropriate next steps would be. True or false? - CORRECT ANSWER True Problematic multiple relationships - CORRECT ANSWER 1. Borrowing money from a client
- Hiring a client
- Joining with a client in a business venture
- Having a close personal relationship with a client. Multiple relationships must be carefully examined to see whether they would potentially impair clinical judgment or create risk of
client exploitation. True or false? - CORRECT ANSWER True Based on the CAMFT code of ethics, is providing multiple forms of treatment to the same person or family as a potential conflict? - CORRECT ANSWER Yes. To avoid any risk to clients, it may be preferable to refer out for additional services that are different from those for which the therapist was initially hired. Consent does not need to be given in writing, but it should be documented in the client file. True or false? - CORRECT ANSWER true Ethically, therapist must respect the confidences of their clients unless a policy such as "no secrets" are put in place. True or false? - CORRECT ANSWER True What are less common instances where discloses is required? - CORRECT ANSWER 1. Investigation by board, commission, or arbitration panel
- A lawful request from an arbitrator or arbitration panel
- A coroner's investigation of client's death
- National security investigation Agency policy does not provide an excuse for MFTs to ignore ethical duties. True or false? - CORRECT ANSWER True
Few disclosures Legal, ethical, or both? - CORRECT ANSWER Legal Child, elder, & dependent adult abuse reporting Legal, ethical, or both? - CORRECT ANSWER Legal Involuntary hospitalization Legal, ethical, or both? - CORRECT ANSWER Legal Insurance parity Legal, ethical, or both? - CORRECT ANSWER Legal Insurance parity Legal, ethical, or both? - CORRECT ANSWER Legal Providing Therapy Never Includes Sexual Behavior brochure Legal, ethical, or both? - CORRECT ANSWER Legal Minors' consent for therapy Legal, ethical, or both? - CORRECT ANSWER Both Confidentiality Legal, ethical, or both? - CORRECT ANSWER Both
Maintaining records Legal, ethical, or both? - CORRECT ANSWER Both Truth in advertising Legal, ethical, or both? - CORRECT ANSWER Both Telehealth compliance Legal, ethical, or both? - CORRECT ANSWER Both Client autonomy Legal, ethical, or both? - CORRECT ANSWER Both Non-discrimination Legal, ethical, or both? - CORRECT ANSWER Both Fees for referrals Legal, ethical, or both? - CORRECT ANSWER Both Crisis management Legal, ethical, or both? - CORRECT ANSWER Both Sexual relationships Legal, ethical, or both? - CORRECT ANSWER Both Monitoring self for impairment
Legal, ethical, or both? - CORRECT ANSWER Ethical Bartering Legal, ethical, or both? - CORRECT ANSWER Ethical Advocating with payors Legal, ethical, or both? - CORRECT ANSWER Ethical Termination and non-abandonment Legal, ethical, or both? - CORRECT ANSWER Ethical Multiple Relationships Legal, ethical, or both? - CORRECT ANSWER Ethical Assisting impaired colleagues Legal, ethical, or both? - CORRECT ANSWER Ethical The 14th birthday rule - CORRECT ANSWER If one partner is 14yrs or older, and the other is under 14, the therapist must report. The 21/16 rule - CORRECT ANSWER If one partner is under 16 and the other is 21 or older, the therapist must report. Distribution and intentional downloading of child porn is child abuse.
True or false? - CORRECT ANSWER True If elder or dependent adult abuse happened within a long-term care facility, law enforcement must be notified immediately and a written report submitted within 2hrs. True or false? - CORRECT ANSWER True Abduction of a elder or dependent adult - CORRECT ANSWER The law refers to an elder or dependent adult being taken outside of California, or prevented from returning, against their will. Ethically it is okay to have sex with a former client after 2yrs from a professional contact. True or false? - CORRECT ANSWER False; ethically, the code of ethic strongly discourage sexual relationships with former clients. MFTs are prohibited from having sexual relationships with clients and former clients' partners and immediate known family members. True or false? - CORRECT ANSWER True CAMFT does not allow MFTs to work with clients who are simultaneously working with other mental health providers. True or false? - CORRECT ANSWER False; such arrangements is encouraged if the different therapists are working on different issues.
Can a therapist withhold referrals or treatment records simply because a client has an unpaid balance? - CORRECT ANSWER No CAMFT encourages MFTs to offer assistance to colleagues who are impaired by substance abuse or mental or emotional problems. True or false? - CORRECT ANSWER True CAMFT requires therapists to respect the confidences of colleagues when in the context of their professional relationship. True or false? - CORRECT ANSWER True CAMFT specifically prohibits LMFTs involved in court cases from offering a diagnosis of someone the LMFT has not personally assessed or treated. True or false? - CORRECT ANSWER True While LMFT supervisors may not enter into sexual relationships with active supervisees, ethical standards do not prohibit such relationships once the supervisory relationship has ended. True or false? - CORRECT ANSWER True The CAMFT does not encourage LMFTs to offer support to colleagues who are experiencing impairment due to substance abuse or mental health issues.
True or false? - CORRECT ANSWER False. CAMFT encourages such behavior.
