Law and Ethics MFT Exit Exam – Flashcards

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Ethical Decision Making - Kidder Model
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Rule based - obligations to a set of codes or principles regardless of outcome End based - greatest good for greatest number Care based - thinking as committed to golden rule
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Scope of Practice
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Practicing within the scope of MFT, knowing when to refer to a different professional (ie medical, legal, nutritionist, etc.)
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Scope of Competence
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Not practicing outside of area of expertise (ie, therapist with substance abuse expertise, eating disorders expertise) make appropriate referrals
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Confidentiality
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Evidence Code 1024: an MFT is permitted to break confidentiality when a client's mental or emotional state is such that this person presents a danger to self or others, or the property of others 44. Evidence Code 1194: anyone who is employed by a physician or a licensed health clinic or facility and provides direct medical care to clients, MUST report spousal abuse. Not required by MFT unless employed in one of the listed settings
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Fees
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Fee Obligations: -the therapist does not have a legal obligation to take a client who cannot pay for services the therapist does not have the legal obligation to refer the client to a low cost center Fees: must disclose amount of services before therapy session. The fee will either be the full fee, or an adjusted fee, "low fee slot" and/or "sliding-fee schedule"
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Advertising
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MFT therapists must not advertise in a "false, fraudulent, misleading or deceptive" manner through available communication including: business cards, t.v., mail, radio, motion pictures, news paper book directory of practitioners internet
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Advertising Specialty Practice
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Requires that the MFT have the scope of competence which includes appropriate training, experience, and knowledge. -this scope must be certified by a recognized organization within the specific specialty area. -however, this is NOT required if the therapist simply limits practice to this specific area by limiting one's practice to a specific clinical area, one may become an expert, provided they have the scope of competence. -however, that person SHOULD NOT advertise as a specialist.
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Involuntary Hospitalization
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Code 5150: Involuntary hospitalization is permissible when a clients mental or physical state causes them to be an immanent state of danger to themselves or others. Only an MD is allowed to hospitalize a client. This hold is for 72 hours.
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Child Abuse Reporting
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Reports by clients over age 18 about child abuse that happened when they were a minor is not reportable unless the alleged perp is still in contact with the children. If abuse takes place out of state the MFT must report to their state, and not to the other state because that is a breech of confidentiality.
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Child Abuse Reporting Requirements
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Must be reported to law enforcement or county welfare department as soon as practically possible. A written report must be made within 36 hours.
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Dependent Adult and Elder Abuse Reporting
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Must make a report as soon as possible upon learning of the abuse by telephone and then follow up by a written report within 2 business days.
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Licensing requirements
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doctor's or master's degree, 175 hours of supervised practicum before grad, at least 18, pass written and vignette exam, no criminal record, required coursework completed, 3,000 hours of supervised experience, ratio of supervision to client-contact hours, ratio for professional enrichment activities, settings where clinical hours may be obtained, intern registration with the BBS within 90 days
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Types of Dependent Adult and Elder Abuse
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Physical, Financial, Neglect, Abandonment, Isolation, Sexual Assault
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Types of Child Abuse
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Physical, Sexual, Emotional, Neglect, Abandonment
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Ethical Decision Making - Kitchener Model
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1. Interpret a situation as requiring ethical decision 2.Formulate ethical course of action 3. Integrate personal and professional values 4. Implement an action plan
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Ethical Decision Making - Koocher and Kieth Spiegel Model
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1. Describe the parameters 2. Define the potential issues 3. Consult legal and ethical guidelines 4. Evaluate the rights, responsibilities, and welfare for all 5. Generate alternate decisions 6. Enumerate the consequences of each decision 7. Estimate the probability for outcomes of each decision 8. Make the decision
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Indicators of abuse
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1. Environmental problems (hazardous conditions) 2. Parental/Caregiver cues 3. Physical Indicators 4. Behavioral Indicators
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Trainees/Interns and Advertising
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trainees are not encouraged to advertise beyond using business cards -if they use business cards, the cards must clearly state their licensing status and the name and license number of their supervisor -registered interns can advertise as long as their ads are not misleading or false.
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Reasonable Suspicion
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It is objectively reasonable for a person to entertain suspicion based upon facts that could cause a reasonable person in a like position drawing when appropriate on training and experience to suspect abuse and neglect. Assessment for the purpose of reasonable suspicion to make a report. CPS conducts investigation - SCOPE.
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