LCSW test prep California– Law and Ethics – Flashcards
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Soliciting private info beyond what is essential for providing services: ethical or legal?
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ETHICAL ISSUE: Privacy + Confidential
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Maintaining clinical records: ethical or legal?
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LEGAL and ETHICAL
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Securing a license/registration by fraud: ethical or legal?
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LEGAL: Unprofessional conduct (conditions for Suspension, Revocation of license)
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Incompetence in performance of clin SW: ethical or legal?
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LEGAL: Unprofessional conduct (conditions for Suspension, Revocation of license)
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Act or omission that falls sufficiently below standard of conduct as to constitute gross negligence: ethical or legal?
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LEGAL: Unprofessional conduct (conditions for Suspension, Revocation of license)
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Sexual relationships: ethical or legal?
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LEGAL and ETHICAL
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Performing, acting as if able to perform, offering to perform any professional services beyond scope of license: ethical or legal?
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LEGAL: Unprofessional conduct (conditions for Suspension, Revocation of license)
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Failure to maintain confidentiality: ethical or legal?
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LEGAL: Unprofessional conduct (conditions for Suspension, Revocation of license)
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Fee disclosure: ethical or legal?
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LEGAL and ETHICAL
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Paying, accepting payment/ remuneration for referrals: ethical or legal?
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LEGAL and ETHICAL
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Keeping records (LEGAL)
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Failure to keep records consistent with clinical judgment, standards, nature of services = unprofessional conduct (conditions for Suspension, Revocation of license)
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Termination of services -arranging transfer (ETHICAL)
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1-Termination or interruption of services w/o notifying ct promptly + arranging transfer/ referral as needed . 2- Failure to take reasonable steps to avoid abandoning cts who are still in need of services 3-Failure to terminate when services no longer serve ct's needs 3- = ETHICAL VIOLATIONS
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Fees (LEGAL)
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Prior to the commencement of treatment, failing to disclose to ct or prospective ct the fee to be charged for the profess.services, or the basis upon which fee to be computed = ILLEGAL
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Misrepresenting education/license/registration/ qualifications
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Misrepresentation re type or status of a license/reg., or other misrepresentation or permitting misrepresentation of his or her education, qualifications, profess affiliations= ILLEGAL
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Termination based on failure to pay (ETHICAL)
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Termination based on failure to pay overdue balance w/o following: payment policies were made clear, ct not in imminent risk, consequences of nonpayment addressed = ETHICAL VIOLATION
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Payment for Services: Fees (ETHICAL)
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Failure to ensure fees are fair, reasonable. + commensurate w services. Failure to consider ct's ability to pay= ETHICAL VIOLATION:
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Payment for Services: Accepting barter (ETHICAL)
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Accepting barter w/o all of the following:it's an accepted practice among profs locally, essential for provision of services, +initiated by ct + w ct's consent = ETHICAL VIOLATION
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Payment for Services: private practice by agency employee (ETHICAL)
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Soliciting private fee/ remuneration for services to cts who are entitled to them thru your employer or agency= ETHICAL VIOLATION: NASW 1.13 Payment for Services
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Access to Records (ETHICAL)
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1-Not providing cts w/ reasonable access to records.2- Not assisting ct to interpret them if access to records might lead to serious misunderstanding or harm3- not limiting access + documenting rationale when there is compelling evidence that serious harm would result = ETHICAL VIOLATIONS
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Alleged sexual misconduct of ct's former therapist (LEGAL)
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1-Failure to provide the brochure re the rights of, and remedies for, patients who have been involved sexually with their psychotherapist. 2- Failure todiscuss with the patient the brochure prepared by the department= ILLEGAL.
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Sexual conduct (LEGAL)
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Sex with a ct or a former ct w/in 2yrs from termination, soliciting sex from a ct, or committing sexual abuse or sex.misconduct w/ct or committing act punishable as sex crime, if it's subst.related to qualifications, functions, duties of a clinical social worker.= ILLEGAL
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When providing services to couples/ family members (ETHICAL)
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Clarify who is considered ct and the nature of professional obligations to various individuals ETHICS
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Child abuse reporting (LEGAL)
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Failure to comply with child abuse reporting requirements (call asap, f/u in writing w/in 36 hours)= Unprofessional conduct (conditions for Suspension, Revocation of license)
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Seeking consult when needed: ethical or legal?
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ETHICS/ NASW
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Informed consent to tx: ethical or legal?
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LEGAL + ETHICAL
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Client self determination: ethical or legal?
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ETHICS
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COnflict of interest: ethical or legal?
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LEGAL + ETHICAL
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Duty to Warn: ethical or legal?
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LEGAL (Tarasoff decision)
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Scope of Practice: ethical or legal?
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LEGAL
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Scope of Competence: ethical or legal?
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LEGAL + ETHICAL
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Standard of care: ethical or legal?
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LEGAL
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Privileged Communication: ethical or legal?
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LEGAL
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Misrepresentation: ethical or legal?
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LEGAL and ETHICAL
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Fee disclosure: ethical or legal?
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LEGAL and ETHICAL
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Elder/ Dep Adult Abuse Reports: ethical or legal?
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LEGAL
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Informed consent (ETHICAL)
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Failure to provide services only w/ valid inf. consent incl. purpose, risks + limits of services costs, alternatives,right to refuse/withdraw consent, time frame covered by consent = ETHICAL VIOLATION
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Involuntary clients (ETHICAL)
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Failure to provide information about the nature and extent of services and about the extent of clients' right to refuse service= ETHICAL VIOLATION
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Providing services via electronic media ETHICAL
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Failure to inform recipients of the limitations and risks associated with such services = ETHICAL VIOLATION
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Dual / Multiple relationships ETHICAL
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Engaging in dual or multiple relationships w/clients or former clients in which there is a risk of exploitation or potential harm to the client = ETHICAL VIOLATION
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Right to privacy (ETHICAL)
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Soliciting private infor from cts unless it is essential to provide services or conduct evaluation/ research. Once private information is shared, not complying w/ standards of confidentiality = ETHICAL VIOLATION
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Sexual misconduct/ abuse
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sex w/ a client or former ct w/in 2years from termination, soliciting sex, or committing act of sexual abuse or misconduct w/ a ct, or committing an act punishable as a sex crime, if its subst. related to qualifications, functions, duties of clinical SW = ILLEGAL
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Explaining limits of confidentiality (ETHICAL)
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Failure to discuss nature of confidentiality + limitations of clients' right to confidentiality as soon as possible in SW-client relationship= ETHICAL VIOLATION
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Confidentiality w/ couples, families, groups (ETHICAL)
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1-Failure to seek agreement re each person's right to confid. +obligation to preserve the confidentiality of others.2- Failure to inform you cant guarantee all participants will honor such agreements= ETHICAL VIOLATION
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Right to confidentiality (ETHICAL)
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Failure to keep all info confid. except for compelling prof.reasons- e.g. when disclosure needed to prevent serious, foreseeable,+imminent harm to a client or other identifiable person=ETHIC. VIOLATION
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Disclosure of confidential info (ETHICAL)
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Failure to inform clients, to extent possible, re disclosing confid. info +potential consequences, when feasible beforehand (whether SW disclosing on basis of a legal requirement or ct consent)=ETHIC. VIOL.
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Self-determination (ETHICAL)
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Failure to limit cts' right to self-determin. when, in your professional judgment, cts' actions or potential actions pose a serious, foreseeable,+imminent risk to themselves or others. =ETHIC. VIOLATION
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Consulting with colleagues (ETHICAL)
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1-Not consulting w/ colleagues when it's in ct's best interests. 2-When consulting, disclosing more ct info than necessary =ETHIC. VIOLATION
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Referrals (ETHICAL)
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Giving or receiving payment for a referral (when no professional service is provided by the referring party)=ETHIC. VIOLATION
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Sex with colleagues (ETHICAL)
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1-sex w/supervisees/ students. 2- Failure to avoid sex w/ colleagues; failure to transfer professional responsibilities, when necessary, to avoid a conflict of interest, if having or anticipating sexual relationship w/ colleague. =ETHIC. VIOLATIONS
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Unethical actions by colleagues (ETHICAL)
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1-Failure to discuss concerns directly w/ colleague when feasible +when such discussion is likely to be productive. 2- Failure to proceed, when necessary, to take actions through formal channels = =ETHIC. VIOLATIONS
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Incompetent or Impaired colleague (ETHICAL)
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1-Failure to consult w/ the colleague when feasible+ assist in taking remedial action. 2- Failure, If problem persists +colleague hasnt taken steps to address it, to take action thru appropriate channels established by employers, agencies, NASW, licensing + regulatory bodies =ETHIC. VIOLATIONS
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Billing (ETHICAL)
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Establish + maintain billing practices that accurately reflect nature + extent of services provided and that identify who provided the service in the practice setting. ETHICS
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Responsibilities towards employer (ETHICAL)
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Failure to be a diligent steward of the resources of employing organization =ETHIC. VIOLATIONS
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Client transfer (ETHICAL)
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1-Failure to discuss w/ client benefits/risks of transferring care. 2- Failure to discuss w/ ct whether consultation w/ previous service provider would be in ct's best interests. =ETHIC. VIOLATIONS
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Discrimination (ETHICAL)
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To practice, condone, facilitate, or collaborate w/ any form of discrimination =ETHIC. VIOLATIONS
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Solicitations (ETHICAL)
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Soliciting testimonial endorsements (incl. consent to use ct's prior statement as a testimonial endorsement) from current clients or others vulnerable to undue influence=ETHIC. VIOLATIONS
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Impairment (ETHICAL)
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1-To allow own personal problems, psych.soc.distress, legal probs, SA, or MH difficulties to interfere w/ prof. judgment +performance. 2- If it occurs, failure to seek immediate consultation +take immed. remedial action. =ETHIC. VIOLATION
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Private conduct (ETHICAL)
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Allowing one's private conduct to interfere w/ ability to fulfill profess.responsibilities. =ETHIC. VIOLATION
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Integrity of profession (ETHICAL)
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Faiure to act to prevent the unauthorized and unqualified practice of social work =ETHIC. VIOLATION
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Minor consent: ethical or legal?
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Legal
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"No secrecy" rule: ethical or legal?
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Ethical
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Professional boundaries: ethical or legal?
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EThical
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Explain your privacy practices (incl. privileged communication)
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Legal and Ethical
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Protecting privileged communcation
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Legal
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Access to records (legal)
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provide access except when there is compelling evidence that serious physical injury or death would result.
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Access to records (ethical)
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provide access except when there is "compelling evidence" that "serious harm" would result
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Keeping records (legal)
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you must keep adequate clinical records consistent with the standards of your profession
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Access to couple therapy records by 3rd party (legal)
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consent by just one member of couple
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Access to couple therapy records by 3rd party (ethical)
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need consent from each individual prior to releasing
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Keeping records of couple (legal)
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can keep joint or separate records. The law requires you to keep adequate clinical records consistent with the standards of your profession, but the law allows you to keep records for a couple either separately or conjointly.
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Derogatory language (ethics)
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Do not use derogatory language in written or verbal communications to or about cts. Use accurate + respectful language.
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Involuntary hold (ethical or legal?)
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Legal
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standard of care (meaning)
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legal principle requiring professionals to engage in the standard of care that is practiced by reasonable and prudent members of their own profession in their own locality
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Seeking consultation when needed (ethical or legal)
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Ethical
