FT 502 - Law & Ethics MIDTERM

Scope of Practice
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Terms in this set (43)
Scope of Practice
The range of clinical procedures and activities that are allowed by law for a profession. Defined by state law, cannot be expanded & applies to everyone in your profession equally.
Scope of Competence
Activities that you have appropriate education, training , and experience to do on your own. Can be expanded & applies to you specifically.
Important Documents
Informed Consent
Consent to Treat
Authorization to Release Information
No Secrets Policy
What are the 4 reportable types of child abuse?
Physical
Emotional (Only one that MAY be reported)
Neglect
Sexual

OTHER: Willful harm/Endangerment
Warning Signs of Physical Abuse
Unexplained injuries, such as bruises, broken bones (fractures) or burns
Injuries that don't match the given explanation
Injuries that aren't compatible with the child's developmental ability
Warning Signs of Sexual Abuse
Sexual behavior or knowledge that's inappropriate for the child's age
Pregnancy or a sexually transmitted infection
Genital or anal pain, bleeding, or injury
Statements by the child that he or she was sexually abused
Inappropriate sexual behavior with other children
UTI
Warning Signs of Neglect
Poor growth
Excessive weight with medical complications that are not being adequately addressed
Poor personal cleanliness/hygiene
Lack of clothing or supplies to meet physical needs
Hoarding or stealing food
Poor record of school attendance
Lack of appropriate attention for medical, dental or psychological problems or lack of necessary follow-up care
Child Abuse:
What do you report?
Whom do you report to?
When is the verbal report due?
When is the written report due?
Reasonable suspicion of child abuse
CPS
Immediately/within 24 hours
Within 36 hours
What if the child is not your client?
Child does NOT have to be your client
What if someone already made a report?
Make it again, or obtain a copy to ensure it was made
Child Abuse: How do you manage the therapeutic relationship?Normalize Provide Resources Explain the ProcessWho is an elder?65+Who is a dependent adult?18-64What are the 6 reportable types of elder abuse?PAIFAN: Physical Abduction Isolation Financial Abandonment NeglectElder Abuse: Physical Abuse with serious bodily injury in a long term care facilityCall law enforcement immediately (within 2 hours) Written report to local law enforcement, local ombudsmam, long term care facility's licensing agency within 2 hoursElder Abuse: Physical abuse without serious bodily injury in a long term care facilityCall law enforcement within 24 hours Written report to law enforcement, local ombudsman, long term care facility's licensing agency within 24 hoursElder Abuse: Caused by resident of long term facility and the resident has dementia, no serious bodily injuryCall law enforcement or local ombudsman immediately or as soon as possible Written report within 24 hoursElder Abuse: Other than physical abuse, in a long term care facilityTelephone or internet report as soon as practically possible Written report to local law enforcement or local ombudsman within 2 daysElder Abuse: If in a state hospital or state developmental centerCall to designated investigators of the state department of state hospitals, the state department of developmental services, or to local law enforcement immediately or as soon as possible Written report within 2 daysElder Abuse: If abuse was in any place other than long term care facility, state mental hospital or state developmental center (Most likely in a home)Call or internet report to adult protective services or to local law enforcement immediately If reporting by phone, follow up with written report within 2 daysWhen an elder or dependent adult tells the therapist that he or she has been abused, you do not have to report if ALL of the following are true:- Not aware of any independent evidence that corroborates the alleged abuse - The elder or dependent adult has a mental illness or dementia, or is the subject of a court ordered conservatorship due to mental illness or dementia - The therapist reasonable believes the abuse did not occur in exercise of clinical judgmentWhen is your duty to protect triggered?Imminent danger of physical bodily injury Client or family member told you directlyWhat steps are you to take to carry our your duty to protect?Consider hospitalization, notify law enforcement, reasonable efforts to warn victimWhat actions do you take to manage the therapeutic relationship?Normalize Explain Process Provide ResourcesAssessment: How do you gather information re. child/elder abuse?Questions Resources/Referrals - authorization to release info, can then speak with doctor, pastor, family member, etc. MSE - Mental Status Exam Observation Testing History Social Support - Family, friends, clubs, church, etc.The Scope of Practice for a MFT includes: A) Assessing, diagnosing and treating B) Treating couples, families, groups and individuals C) Using applied psychotherapeutic techniques D) All of the aboveD) All of the aboveThe Scope of Competence for a MFT: A) Is determined by the therapist's education, training & experience B) Can't be expanded C) Is not limited by the Scope of Practice for a MFT D) Refers to the license status of the therapistA) Is determined by the therapist's education, training and experienceThe laws for the practice of MFT are established and enforced by: A) California Association of Marriage and Family Therapists B) American Association for MFT C) The Board of Behavior Sciences D) The American Psychological AssociationC) The Board of Behavioral SciencesThe primary purpose of the ethics codes are to A) Protect clinicians from liability B) Train new clinicians C) Safeguard client welfare D) Follow the lawC) Safeguard client welfareA therapist may formally refuse to give information to the court in a legal proceeding involving the client by A) Claiming confidentiality B) Hiring an attorney C) Asserting privilege D) Informing clients they are not available for court proceedingsC) Asserting privilegeA Marriage and Family Therapist's therapeutic duty is: A) A law pertaining to marriage and family therapists B) Begins at the first telephone contact with the client C) Inclusive of all legal, but not ethical guidelines for Marriage and Family Therpist D) To do no harmD) To do no harmWhich of the following is a legal requirement of informed consent? A) Stating the theory most used by the therapist B) Stating the therapist's fee C) Stating the risks and benefits of therapy D) Stating the limits of confidentialityB) Stating the therapist's feeAll of the following apply to the standard of care EXCEPT: A) Best practice guidelines for marriage and family therapists B) Skill level, knowledge and care in diagnosis and treatment that other reasonably careful therapists would possess and use in similar circumstance C) Legal concept used to defend or prosecute therapists accused of negligence or incompetence D) Static and solid guidelines established by the BBSD) Static and solid guidelines established by the BBSAll of the following are examples of malpractice and unprofessional conduct EXCEPT: A) Failure to maintain confidentiality B) Supervision related violations C) Failing to pay colleagues a finder's fee for client referrals D) Straying from south therapeutic practicesC) Failing to pay colleagues a finder's fee for client referrals (No such thing as a "finder's fee")Which of the following are recommended actions to protect yourself from malpractice complaints: A) Work collaboratively with clients and address complaints B) Maintain familiarity with professional standards C) Keep excellent records D) All of the aboveD) All of the aboveMarriage and Family Therapists are mandated reporters of child abuse and therefore must report: A) All known instances of child abuse B) Reasonable suspicion of child abuse to their current clients only C) Reasonable suspicion of child abuse that they learn of within their professional capacity D) Child abuse that occurs with clients being seen at the clinician's place of employmentC) Reasonable suspicion of child abuse that they learn of within their professional capacityA supervisor or administrator may impede or sanction an individual for making a report of reasonable suspicion of child abuse. T/FFalseA verbal report of reasonable suspicion of child abuse must be made to: A) Child Protective Services immediately (as soon as practically possible) B) The child's school immediately (as soon as practically possible) and within 24 hours C) Child Protective Services immediately and within 36 hours D) Local law enforcement within 36 hoursA) Child Protective Services immediately (as soon as practically possible)A written report of reasonable suspicion of child abuse must be submitted to: A) Child Protective Services within 2 working days B) Child Protective Services within 36 hours C) CMFT within 36 hours D) Local law enforcement within 2 working daysB) Child Protective Services within 36 hoursAccording to the Jensen Article, a wooden spoon is permissible for spanking a child if: A) There is good cause B) Both parents agree C) Certain criteria are met D) Nothing else has altered the behaviorC) Certain criteria are metIn what cases do you breach confidentiality?Duty to Protect (Tarasoff) Child abuse Elder abuse Dependent adult abuseWhat are the legal requirements of informed consent?Therapist fees Licensure status How to file a grievance HIPPA -- BEST PRACTICE (ethical, not legal requirement): Risks & benefits of therapy Confidentiality & limits Office policiesTherapists have a duty to protect when...A client (or a family member of the client) communicates to the therapist the client's "serious threat" (which must be imminent in order to be serious) of physical violence to a reasonably identifiable intended victim