Term
| according to the AG an MFT may conduct psychological testing subject to 3 conditions: |
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Definition
1. testing must be done to improve an interpersonal relationship
2. must test only your OWN clients (but can have a PhD psychologist do testing & still see client)
3. testing must be w/in your scope of competence |
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Term
| as a therapist you are LEGALLY REQD to disclose 3 things to a new client by the end of the first session: |
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Definition
1. whether you are under supervision and if so, the identity of your supervisor
2. your fee
3. if you are working for a business which operates unfer a FBN you must disclose the name(s) of the owner |
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Term
| as good practice what else is recommended to tell the client by the end of the 1st session |
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Definition
1. rules about confidentialty
2. brief description ab the risks & benefits of therapy
3. office policies (cancellation fees)
4. policies for weekends/emergencies
5. no secrets policies
good to have these items in writing
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Term
| a dual relationship is not necessarily considered illegal or unethical w/a few exceptions: |
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Definition
1. any sexual contact w/a client or w/in 2 years following proper termination (after 2 yrs still arguable)
if client had sex w/a prior therapist must give them th ebooklet "Professional Therapy Never Includes Sex" and review it w/the client
2. no sex w/clients partner
3. see as a client anyone you have had sex w/before
4. have a close personal relationship w/client
5. borrow money from client
6. hire a client
7. have a business venture w./client
8. see a student or supervisee as a client
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Term
| what are some examples of protecting confidentiality |
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Definition
1. avoid sign-in sheet
2. beware of inquiries from family/friends
3. avoid acknowledgement in public places
4. make sure its OK to call telephone number or mail to clients address |
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Term
| what does civil code section 56.10 state? |
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Definition
can share info about client to other licensed health care providers w/out clients permission
but always good practice to obtain written consent |
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Term
| what are the 3 exceptions to confidentiality and are mandatory to report? |
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Definition
1. abuse to child, elder or dependent adult
2. disclosure to FBI (Patriot Act)
3. Dangerous client (BUT work w/client first) - Tarasoff/Ewing
note: cant report DV or past crimes |
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Term
| what are the 5 components of Tarasoff? |
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Definition
1. threat must be for Physical violence
2. threat must be to another Identifiable person
3. threat must be Serious - clear, believable & imminent
4. Source of knowledge must be directly from the dangerous client or from a reliable 3rd party (Ewing)
5. must warn victim & law enforcement (duty to warn) |
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Term
| what are the 3 excpetions to confidentiality thay are permissive but create a right to disclose? |
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Definition
1. emotional abuse to child, elder or dependent
2. client is a danger to self or others - Evidence Code section 1024
3. crime to victim under 16
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Term
| what is the special issue concerning confidentiality & DV |
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Definition
generally therapist does not have right to report unless there is an exception but may have an ethical duty to intervene to ensure safety for client
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Term
| what are the 4 components of Evidence Code section 1024 |
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Definition
1. therapist has Reasonable Cause
2. to believe patient is in such Mental or Emotional condition as to be
3. Dangerous to self or others or property
4. and that Disclosure is Necessary to prevent the threatened danger |
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Term
| what is Welfare & Institutions code 5150? |
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Definition
| if client is in grave danger to self may have authority to hospitalize them against their will and hold them for 72 hours |
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Term
| what are the 3 ways a child can become emancipated |
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Definition
1. marry w/parental consent & a court order granting permission to marry
2. become active duty military (only way is if they lied ab their age)
3. obtain a court order for emancipation - child must be 14 or older, have the consent of a parent or legal guardian & show the court they can support themselves w/legally-derived income
these kids canbe treated as adults in every case except for child abuse |
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Term
| what are teh 5 areas of concern when treating a minor? |
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Definition
1. confidentiality
2. privilege
3. consent to treatment
4. release of records
5. abuse |
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Term
| what confidentiality rights do minors have? |
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Definition
1. generally same rights as adults but parents are entitled to records if they consented (but try to talk w/parents & child first before giving up info)
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Term
| what are 2 exceptions where you woudlnt want to give parents right to info/records |
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Definition
1. if disclosure might have a detrimental effect on the minors Physical or Psychological Well-Being
2. if disclosure would have a detrimental effect on childs Rrofessional Relationship w/therapist |
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Term
| can a child assert or waive their own privilege? |
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Definition
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Term
| who can waive a childs privilege? |
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Definition
| a parent or legal guardian can unless they are not acting in the best interest of the child - then a guardian ad litem can |
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Term
| if your records are subpoena'd must you share records? |
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Definition
| no - subpoena is not a court order. will want to talk w/client first to get their permission |
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Term
| can you waive the privilege on behalf of the child? |
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Definition
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Term
| when can a minor consent to their own treatment? |
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Definition
1. if emancipated
2. if 12 or older can consent to own treatment but therapist must believe child is sufficiently mature to intelligently participate in counseling
Law states you must make reasonable efforts towards getting parental consent w/in a reasonable time |
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Term
| what records must you keep? |
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Definition
| everything! phone calls w/parents, couple, consultation w/a colleague, calls to reschedule, etc |
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Term
| what does the acronym SOAP stand for in recordkeeping? |
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Definition
S - record the clients Subjective report (client reported having trouble getting out of bed this morning)
O - therapists Objective view of client (clients mood was depressed, client seemed uncomfortable)
A - Analysis/Assessment - what was done in therapy (talked ab new things client cld try this week to increase her energy)
P - Whats the plan? (client will return in 1 week & start CBT) |
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Term
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Definition
| therapist (or if working for an agency then teh agency owns them) |
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Term
| how long should you keep records? |
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Definition
7-10 years
or 7 years after a minor reaches 18 |
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Term
| what are the 4 options a therapist has after receiving a written request from client to view records? |
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Definition
1. allow an inspection w/in 5 working days
2. provide copies w/in 15 days
3. provide a summary pursuant to Health & Safety code w/in 10 working days
4. can refuse if you believe it will create a detrimental consequence if they see the records
*will want to talk to client about this and see whats their motivation - try to hold ground as its almost never good for the client to see their records |
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