This group is legally unable to give informed consent without a guardian's approval.
Who are "minors" or "incompetent adults"?
Confidentiality is the hallmark of the MFT profession. These are three main exceptions to the laws and ethics surrounding confidentiality.
-Client gives a written consent (ROI)
-Legal mandate or permission
-Child, Elder, or Dependent Abuse or Neglect
The difference between scope of practice and competence
Malpractice is when _____ action is taken against a LMFT for breaching _______. Typically this is determined if the therapist was ______.
Legal ; Therapeutic Duty (Standard of Care); Negligent
The length of time MFTs must wait to initiate a sexual relationship with a client.
Two years after Termination...or never...never is good.
A therapist must update informed consent when this happens in the therapeutic relationship.
What is "a significant change in treatment" or "a change in therapist's practice"?
The three main assessments of danger to self in preventing suicide
PLAN, INTENT, and MEANS to carry out the plan
The concept of scope of practice refers to this aspect of a professional's work.
What is "the limits of professional duties and skills"?
_____________ is the way to prove the MFT's competence.
Record Keeping
Having feelings that seem to be about one person when they're really about someone else
Transference
Several of these inclusions make up the optional yet ethical requirements incorporated in informed consent (Name three)
Limits of Confidentiality
Cancellation policy
Therapeutic procedures used
Risks and benefits
Communication (text, email, etc.) and emergencies
Billing practices (collections?)
Therapist background
Expectations of clients
This is the legal term for when a therapist must disclose confidential information to prevent harm to the client or others.
What is "duty to warn" or "duty to protect"?
MFTs are allowed to diagnose and treat mental disorders as long as they do this.
What is "remain within the limits of their training and competence"?
Engaging in sexual behavior with a client is considered this type of violation.
What is "unprofessional conduct" or "sexual misconduct"?
Despite CA law not specifically address dual relationships, CAMFT Ethical Standard 4, which addresses harmful dual relationships,
views MFTs who violate this standard and cause harm to a client as acting _________
Unethically and Unprofessionally
According to CA laws, MFTs are able to see a consenting minor as long as these three conditions are met.
1. The minor is 12 years or older
2. The minor is mature enough to comprehend the informed consent and treatment plan
3. MFT makes attempts to reach parents UNLESS they can document how this can be detrimental
These are the steps an MFT should take when receiving a subpoena.
1. Verify who sent it.
2. Consult with client and determine what they want to do
3. Respond within a reasonable timeframe
4. Assert privilege on behalf of the client or comply depending on what the client says
Practicing outside one's scope can lead to this consequence.
What is "license suspension or revocation"?
This is the legal and ethical obligation when a client discloses any sexual behavior with a previous therapist
Must give the Therapy Never Includes Sexual Behavior brochure and go through it with the client. Leave it up to them to report or not.
Not all dual/multiple relationships are unethical, and some need not be avoided, including those that are due to geographic proximity, diverse communities.Dual relationships are harmful when eithor of these two conditions are met.
1) loss of objectivity by the therapist and/or
2) coercion of the client by the clinician.
Failure to obtain informed consent can result in this legal consequence.
What is "a malpractice lawsuit"?
The ability to "waive" privilege belongs to this party
This is always up to the client, a client’s guardian, a court appointee (guardian ad litum), or a judge.
NEVER the therapist.
Given the new Scope of Practice requirements as of January 1, 2022, LMFTs are allowed to do psychological testing as long as these two conditions are met.
1) The LMFT must have appropriate training in the instrument used
2) Testing must be case-specific and within a therapeutic context (within the treatment plan and ongoing therapeutic relationship).
These four disciplinary actions make up the possible outcomes of a civil or criminal lawsuit against an LMFT
Revocation; Stipulation; Suspension; Surrender
When facing a dual relationship, a reasonable and prudent MFT would obtain _________ and _________ steps to maintain objectivity.
consultation; document