True or False:

Both legal and mental health professionals often deal with conflicts in which human beings are under great stress

True or False:

Bothe legal and mental health professionals deal with life challenges that have psychological and legal dimensions (divorce, child custody, death, life transitions)

True or Falce:

Both legal and mental health professionals may give advice to clients to help them with difficult problems.

Legal Truth is defined as rational, based on natural law and authority of precedent

Counseling truth is empirical, based on inference from observation. 

Plaintiffs sought disclosure of confidential communication between Police

Redmond and Karen Beyer

Conclusion: recognize psychotherapist/patient privilege and protect information from compelled disclosure in court. 

Disclosure by the counselor

Free consent-this refers to the notion that the client's decision to engage in counseling is made without coercion or undue prssure.

The major principle involved in informed consent is respect for autonomy.

Justice and nonmaleficence are also invoked.

client info brochure

question list

declaration of rights

contract

consent to treatment form

Informed consent special populations:

Minors

People with diminished capacity

Court-mandated counseling

Internet-Counseling

Minors- custodial parent or guardian must give informed consent. obtain assent from child. 

People with diminished capacity- present information in an understandable manner

Required by MA law

Ethics Code

Risk management

ACA

AMHCA

True or false:

A Mental Health Counselor can be sued for malpractice while conducting a court ordered evaluation

The purpose of HIPAA is to protect the privacy of people using health care services while also allowing some information exchange.

Clients have access to their records

They can give non coerced permission to release informatin for insurance and other necessary issues

each office must have a privacy officer

psychotherapy notes areconsidered at a higher level of privacy than regular health care notes  

Security Rule- details what health-care providers need to do to prevent the unintended release or destruction of elctronic patient informaiton and safeguard those records

Privacy Rule- governs how psychologiss intentionally disclose protected information to others, including patients, insurance companies, and other providers

Transaction Rules- standardizes the electronic format for health care transactions. 

relevant to gencies tha receive federal aid

For people under the age of 18, the rights to review the education records resides with the students paretns or legal guardians

For people over the age of 18, the rights are granted to the individual. 

The licensee must maintain a cleint's record for a minimum period of 5 years from the date of the client's last professional encounter with teh licensee.

If the client is a minor, the licensee must maintain teh record for at lest 1 year after the client has reached the age of majority, and no less than 5 years. 

1. recruit honestly and avoid solicitation

2. Fair fees and clear communication

3.Establish alternative care when services must be interrupted

4. Accurate record keeping

5.client privilege applies even when they are mandated to receivetherapy

6. if client neeeds to be hospitalized against their wishes, the procedures used should be respectful to clients and minimally restrict their freedom

Guidance counseling serves k-12 population

Built on a philosophy of prevention, short term counseling, and program development.

Infuses career development and group work

Focuses on health and wellness

Mid 1970s

Psychotherpay became part of health care thir party reimbursements. 

AMHCA begins in 1976

Focus on wellness

Focus on strengths

Infusion of a contextual perspective

Focus on work and career 

Infusion of intellecutal contributions from psychology and other fields.

Nazi doctors-- Nuremberg Code

CIA research on brainwashin and mind control

Tuskegee shyphillis experiment

Aids drug testin on nyc minority orphans

psychiatric hospitalization of dissidents in USSR

competence

respect for hyman dignity

use power responsibly

promote public confidence in profession

place welfare of the client as top responsibility

do no harm

respect autonomy

benefit others

be just

be faithful

accord dignity

care and compassion

pursuit of excellence

accept accountability

APA 

ACA

NASW

Intuitive ethical judgment

Critical-evaluative judgment

Respect for autonomy

Nonmaleficence

Beneficence

Justice

Fidelity

focuses on the historically formed character of identifiable persons, which forms the basis for professional judgment. Focus on intentions, moral posture, and character vs. principle ethics focus on acts and choices. 

Ideal vs. obligations

Prudence

Integrity

Respectfulness

Benevolence

Traditional--neutral value fee

Empowering-- tenets of feminist models

Postmodern--deconstructing opressive mechanisms- change inside individual

Emancipatory Communication-defines self rom interpersonal and sociopolitical frame, individual and social problems

Self-Determinatin

caring and compassion

collaboration and democratic participation

Human Diveristy

Distributive Justice

Boundary crossing is a departure from common practice with the intent to help a client with some credible evidence that benefit is likely to result.

Boundary Violation is a departure from accepted practice that causes the client harm or is very likely to cause harm. Usually for the counselor's benefit.

Is there a loss of effectiveness

objectivity

competence

exploitation

Real relationship

transference relationship

working relationship

transference

internalized therapist

continuing professional relationship

unequal power

harm to patients