Confidentiality
What law governs the confidentiality of client records for mental health specialists?
HIPAA (Health Insurance Portability and Accountability Act).
What is one type of abuse mental health specialists are required to report?
Child abuse.
What is the key document that specifies the scope of practice for a mental health specialist in California?
The job description and state licensure guidelines.
What must be provided to clients before services begin?
Informed consent.
What is the term for the moral conflict between professional duties and client well-being?
Ethical dilemma.
Under what circumstances can a mental health specialist disclose client information without consent?
When there is a threat of harm to self or others, or mandated by law.
What must be reported by a behavioral specialist who works with dependent adults or elders?
Suspected elder or dependent adult abuse.
Which professionals can legally provide mental health services in a school setting?
Licensed or credentialed school counselors, psychologists, or social workers.
How should behavioral specialists obtain consent from clients who are minors?
Through parental or guardian consent, unless the minor qualifies for services without it under state law.
What is the term for a situation where a mental health professional's values conflict with a client’s treatment needs?
Value conflict.
What California-specific law regulates confidentiality for mental health services in addition to HIPAA?
The California Confidentiality of Medical Information Act (CMIA).
When is a behavioral specialist mandated to breach confidentiality due to a client's threats?
When the client poses a credible threat to another person (Tarasoff duty to warn/protect).
What is the term for working outside the boundaries of a behavioral specialist’s education and training?
Practicing beyond the scope of competence.
Can a mental health specialist work with clients without a written informed consent form?
No, written consent is best practice and often required by law.
What should a mental health specialist do if they are asked to perform a service outside their scope of competence?
Refer the client to a qualified professional.
What ethical obligation does a mental health specialist have regarding client confidentiality and group therapy?
They must educate group members about confidentiality but cannot guarantee it from others in the group.
How soon after suspecting abuse should a mandated report be filed?
Immediately by phone and followed by a written report within 36 hours.
What should a behavioral specialist do if a client requests services that fall outside the specialist’s professional licensure?
Decline and refer to a licensed professional.
What must be included in an informed consent document for behavioral specialists working with minors?
Nature of services, risks, confidentiality limits, and parental involvement.
What ethical dilemma may arise when a specialist treats clients from different cultural backgrounds?
Navigating cultural competence while avoiding imposing personal biases.
Under what law are mental health specialists required to protect the confidentiality of electronic health records?
HITECH Act (Health Information Technology for Economic and Clinical Health Act).
What is the consequence for failing to report suspected abuse as a mandated reporter?
Legal consequences such as criminal liability, fines, or loss of licensure.
What is required for a mental health specialist to supervise a trainee?
Appropriate licensure, supervision training, and compliance with state laws.
Can behavioral specialists conduct research on clients without obtaining informed consent?
No, informed consent is required for any research involving clients.
What should a specialist do if a client exhibits behavior that could endanger others but refuses to allow disclosure?
Follow the Tarasoff duty to protect and report the threat.