Legal: What is an example of when a conservator is making informed consent?
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when client is determined to be unable to make competent decisions
regarding his own treatment
Ethical: Boundaries
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1. LMFT should set boundaries
2. should be in best interest of the client safeguard against exploitation
3. clear consent
4. police around in between sessions
5. clarify non-therapy roles
6. openly discuss clients pushing boundaries
, 7. obtain supervision or consultation when needed
8. physical touch take into consideration culture etc.
Ethical: What not to do to increase scope of competence
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1. Ask client to educate you
2. hold to presumptions
3. assume knowledge about demographics equals knowledge about the
person
Ethical: Required Disclosures for Research
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1. must include all info that could impact their willingness to participate
2. be open to diminishing consent for
a. people in clinical treatment
b.impairments to understanding and communication
c. children
3. procedures and purpose
4. experimental procedures
5. risks and benefits
6. alternative procedures
7. limits on confidentiality
8. freedom to withdraw
9. contact info for questions and concerns
Ethical: Release of Records for referrals
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, 1. outside our scope of practice or outside scope of competence
2. should have reasonable knowledge of local resources
3. can make referrals for functional needs like housing
4. use warm handoff to refer clients
5. Get ROI for referral (make sure to consider on-going collab)
6. follow-up with client
Ethical: When faced with not knowing which standard to use legal or ethical what
should you do?
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1. Defer to the higher level of standard, but if conflict couldn't be solved
you must follow the law.
2. for ex. Confidential release is allowed by law but not required by law and
does not involve safety, ethics standard maybe better to get ROI.
3. Agency policy contradicts with ethics or law. In this case, you need to
make known your ethical obligations and must make responsible steps to
resolve the problem.
Ethical: Protecting Confidentiality in Research
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1. ethical required unless have written release
2. with information that involves family be careful how this is shared
3. de-indentify as needed
4. plan for transfer of data if needed.... push for research to publish raw
data sets for replicability or other researchers to analyze your data. if you
keep your raw data have a plan for what happens to your raw data.
, Legal: when can HIPAA be violated
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1. authorization form
2. TPO:treatment payment and healthcare
3.Public health activities like disease control
4. audits, investigations, inspections
5. judicial proceedings
6. law enforcement purposes
7. emergency circumstances
Legal:
1. what is the Bellah vs Greenson case?
2. what is Tarasoff vs California board of regents?
3. Ewin vs Goldstein?
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1. case that established MFT to prevent suicide
2. to inform potential victims of imminent harm of severe bodily harm (must
warn victims or talk client out of it but must also inform law enforcement
within 24 hours even if issue is resolved)
3. allows MFT to consider third party information when considering a
mandated report
Legal: Release of record for support animal
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when client is determined to be unable to make competent decisions
regarding his own treatment
Ethical: Boundaries
Give this one a try later!
1. LMFT should set boundaries
2. should be in best interest of the client safeguard against exploitation
3. clear consent
4. police around in between sessions
5. clarify non-therapy roles
6. openly discuss clients pushing boundaries
, 7. obtain supervision or consultation when needed
8. physical touch take into consideration culture etc.
Ethical: What not to do to increase scope of competence
Give this one a try later!
1. Ask client to educate you
2. hold to presumptions
3. assume knowledge about demographics equals knowledge about the
person
Ethical: Required Disclosures for Research
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1. must include all info that could impact their willingness to participate
2. be open to diminishing consent for
a. people in clinical treatment
b.impairments to understanding and communication
c. children
3. procedures and purpose
4. experimental procedures
5. risks and benefits
6. alternative procedures
7. limits on confidentiality
8. freedom to withdraw
9. contact info for questions and concerns
Ethical: Release of Records for referrals
Give this one a try later!
, 1. outside our scope of practice or outside scope of competence
2. should have reasonable knowledge of local resources
3. can make referrals for functional needs like housing
4. use warm handoff to refer clients
5. Get ROI for referral (make sure to consider on-going collab)
6. follow-up with client
Ethical: When faced with not knowing which standard to use legal or ethical what
should you do?
Give this one a try later!
1. Defer to the higher level of standard, but if conflict couldn't be solved
you must follow the law.
2. for ex. Confidential release is allowed by law but not required by law and
does not involve safety, ethics standard maybe better to get ROI.
3. Agency policy contradicts with ethics or law. In this case, you need to
make known your ethical obligations and must make responsible steps to
resolve the problem.
Ethical: Protecting Confidentiality in Research
Give this one a try later!
1. ethical required unless have written release
2. with information that involves family be careful how this is shared
3. de-indentify as needed
4. plan for transfer of data if needed.... push for research to publish raw
data sets for replicability or other researchers to analyze your data. if you
keep your raw data have a plan for what happens to your raw data.
, Legal: when can HIPAA be violated
Give this one a try later!
1. authorization form
2. TPO:treatment payment and healthcare
3.Public health activities like disease control
4. audits, investigations, inspections
5. judicial proceedings
6. law enforcement purposes
7. emergency circumstances
Legal:
1. what is the Bellah vs Greenson case?
2. what is Tarasoff vs California board of regents?
3. Ewin vs Goldstein?
Give this one a try later!
1. case that established MFT to prevent suicide
2. to inform potential victims of imminent harm of severe bodily harm (must
warn victims or talk client out of it but must also inform law enforcement
within 24 hours even if issue is resolved)
3. allows MFT to consider third party information when considering a
mandated report
Legal: Release of record for support animal
Give this one a try later!
