Issues and Ethics Exam 2

Chapter 5

19 cards   |   Total Attempts: 182
  

Cards In This Set

Front Back
Informed Consent
Involves the right of clients to be informed about their therapy and to make autonomous decisions pertaining to it.
Informed consent document
To define boundaries and clarigy the nature of the terapeutic relationship.
Legal aspects of informed consent
Capacity comprehension of information voluntariness
Capacity
The client has the ability to make rational decisions
Comprehension of information
The therapists must give clients information in a clear way and check to see that they understand it
Voluntariness
The person giving consent is acting freely in the decision-making process and is legally and psychologically able (competent) to give consent
Progress notes
A basic part of the clinical records and are required behavioral in nature and address what people say and do contain information on diagnosis, functional status, symptoms, treatment plan, consequences, alternative treatments, and client progress
Process notes
(psychotherapy notes) deal with cient reactions such as trensference and the therapist's subjective impressions of a client intimate details about lient, dreams or fantasies; sensitive information about a client's personal life; and a therapist's own thoughts, feelings, and reactions to client.
What does the law require and not require to have as far as notes
The law requires progress notes but not process nores.
Behavioral telehealth
Electronic consultaton between consumers and mental health providers,
Malpractice
"bad practice" the failure to render professional services or to exercise the degree of skill that is ordinarily expected of other professionals in a similar situation negligence that results in injury or loss to the client
Professional negligence
Can result from unjustified departure from usual practice from failing to exercise due care in fulfillin one's responsibilities
Standards of care
Standards commonly accepted by the profession possess and exercise the knowledge, skill and judgement common to other members of their profession
4 elements of malpractice
1. a professional relationship between the therapist and the client must have existed 2. the therapist must have acted in a negligent or improper manner, or have deviated from the "standard of care" by not providing services that are considered "standard practice int eh community" 3. the client must ahve suffered harm or injury, which must be demonstrated 4. ther emust be a legally demonstrated causal relationship between the practitioner's negligence or breach of duty and the damage or injury claimed by the client
Duty
2 aspects of establishing a legal duty; 1. the existence of a special relatnship 2. the nature of that special relaionship A duty exists when a therapist implicitly or explicitly agrees to provide mental health services