By law, informed consent must include:
Fee disclosure, fictitious business name (if used) and the name and lisence of owner(s), license displayed conspicuously, intern must disclose pre-license status
Standard of care
The level of skill, knowledge, and care in diagnosis and treatment that other reasonably careful therapists would possess and use in similar circumstances
Examples of maintaining standard of care include:
Thorough informed consent, thorough diagnosis, thorough assessment, creating a treatment plan, appropriate consultation, appropriate referrals, reasonable steps to prevent harm
Scope of practice
The practice of marriage, family, and child counseling where the focus is interpersonal relationships.
Special relationship
Therapist client relationship is considered a "special relationship" because client is particularly vulnerable and dependent on therapist, who has some control over client's welfare. This imposes an affirmative duty on therapist to protect other from ther
Ethics
behavior, practices, and standards considered, "right and good" and established by professional organization (CAAMFT).
Professional ethical behavior includes, but is not limited to:
Establishment and maintenance of professional boundaries; avoidance of dual relationships; obtaining client's informed consent.
Unprofessional conduct includes, but is not limited to:
conviction of a crime substantially related to qualifications, securing license through fraud, using illegal substances or drugs and alcohol of any kind to the point of impairing ability to conduct safely with public, gross negligence or incompetence, mis
Unprofessional conduct is punishable by the following
up to six months in jail or a $2500 fine, injunction or restraining order, license places on probationary status, license suspended or revokes.
T/F therapists are required to report unprofessional conduct on the part of another therapist.
False. Therapists are encouraged to report, but not required.
T/F Sexual misconduct between therapist and client is reportable
False. Client must be given brochure "professional therapy never includes sex," and can be encouraged to report it to BBS.
How long are MFTs required to keep client records?
7 years from the date of termination for adults, for children it is 7 years from when they turn 18.
T/F therapist are required to to display license in a conspicuous place in their primary place of business.
True
T/F therapists are required to give client a copy of their license if it is requested.
False. There are not provisions in the law requiring therapists to give clients a copy of their licenses.
Priviledge
The client's legal right not to have confidential information revealed during a legal proceeding. This protects clients from having confidences revealed publicly without permission.
T/F privilege exists between an MFT professional corporation and a client who is receiving services from that corporation.
True.
CA evidence code 1013 defines holder of privilege as:
client regardless of age when there is no guardian or conservator; a guardian ad litem or conservator; personal representative if client is deceased; all members of treatment unit (individual, couple, family)
Who can assert priviledge?
the person who holds privilege; therapist on behalf of a client. Therapist must do so until directed otherwise directed by client or by court order. Therapist may claim privilege when subpoenaed by a lawyer, therapist may not claim privilege when ordered
T/F a minor client can hold the privilege?
True. a minor hold privilege unless there is a legally designated guardian ad litem or conservator.
T/F parents may exercise the privilege on behalf of their minor child?
False. Parents may not do so simply because they are the parents, they may only do so if designated as guardian ad litem by the courts.
What action should be taken if a therapist receives a subpoena for a minor's records?
Therapist should instruct parents to petition for guardian ad litem status. An individual cannot act as guardian ad litem unless represented by an attorney.
Who has the legal right to access a minor client's treatment record?
An attorney or other person appointed guardian ad litem.
Exceptions to privilege include:
client has introduces his/her emotional condition in a legal proceeding' if the client has treated confidential info as though it were not confidential; if there is a breach of duty; if the therapist has been appointed by court to examine client; if clien
T/F it is beyond a therapist's scope of practice to decide if an exception to privilege applies to a given circumstance.
True. It is the first responsibility of a therapist to assert privilege.
T/F therapists are required to report child abuse to the state in which it occurred
False. All reports must be made to CA Cps. Reporting to other states is considered a breach of confidentiality.
Child abuse is required to be reported within how many hours?
48
T/F second or third hand information, or information therapist learns about third parties can be reportable.
True
T/F any police or sheriff's department must accept a child abuse report
True
T/F alcohol or drug use is sufficient basis for reporting child abuse or neglect
False
What is the standard of care of a clinician is unsure if a given instance merits a child abuse report?
Call CPS and allow them to determine; document phone call and the person whom you asked; document the cited law that mandates report (penal code 11165.9)
T/F actual observation of abuse is not necessary to make a report.
True
T/F a mandated reporter requires certainty to make a child abuse report
False. Child abuse/neglect requires "reasonable suspicion" on the part of the therapist.
T/F mental health care practitioners are required to investigate child abuse
False, they must only report it. Investigating child abuse would be beyond the scope of practice for a therapist
T/F a parent taking a child out of state with out the knowledge or consent of the other parent is reportable
False. Parent should be directed to contact police and or their lawyer.
T/F new information is not required to be reported once the initial report has been made
False. Any new information is considered mandated reporting .