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Federico Grosso, DDS, PhD, MFT, BCFE
FGrosso.com
805-962-3628

fcgt@fgrosso.com

ADVANCED APPLICATIONS OF LAW AND ETHICS FOR CALIFORNIA DRUG AND ALCOHOL COUNSELORS © 8th Edition (2011)

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Price: $53.00
ADVANCED APPLICATIONS OF LAW AND ETHICS FOR CALIFORNIA DRUG AND ALCOHOL COUNSELORS 8th Edition 2011

This workbook contains the complete legal and ethical guidelines to create a safe practice for all California drug and alcohol treatment clinicians and educators. Applicable California laws, regulations, Case law, and CCBADC/CAADE ethical standards are reviewed thoroughly. The reader's learning process is assisted with the use of vignettes, questions and answers at the end of each chapter. A comprehensive spectrum of legal and ethical issues are discussed thoroughly yet concisely. It is important to remember that D&A Counselors are particularly vulnerable in clinical practice: they don’t have legal recognition to hold confidentiality and they are not legally mandated reporters, except for child abuse reporting. Unfortunately, child abuse reporting doesn't provide counselors with the necessary protection against malpractice actions. This book provides the necessary structure to navigate through these challenging clinical situations.

The material is easy to read and understand by avoiding "legalese". It's written from an expert witness’ perspective addressing clinical possibilities instead of an “all-nothing” attitude. The clinician is shown how to consider possibilities and still be a safe counselor. Many California D&A Counselor academic institutions use this workbook as a teaching text. Many attorneys working in the malpractice arena also use this workbook as preparation material in legal actions.

This book is only available on this website. Current edition: 2011

Table of Contents


Introduction


Chapter 1 The Counselor’s Personal Belief System

A Personal Frame of Reference

Internal Reality and Clinical Safety

The Complexity of Making Safe Legal and Ethical Decisions

Potential Loss of Objectivity

Clinical Example # 1

Questions for Clinical Example # 1

Chapter Questions


Chapter 2 Informed Consent

   Informed Consent and Creating Counseling Safety

  Informed Consent and Case Law

  Legally-Required Elements of Informed Consent

  Ethically-Required Elements of Informed Consent

  Informing Clients of the Potential Risks and Benefits of Treatment

  Clinical Example

  Counseling Contract, Part I: The Counseling Process

  Counseling Contract, Part II: The Client’s Rights

  Counseling Contract, Part III: Fees and Length of Therapy

  Counseling Contract, Part IV: Consent for Treatment

  Counseling Contract, Part V: Office Policies

  Termination of Counseling

  Managing Termination Safely

  Reasonable and Prudent Steps to Take When Terminating Difficult and Uncooperative Clients

  Termination of Treatment and CCBADC/CAADE Ethical Standards

  Clinical Example # 1

  Questions for Clinical Example # 1

  Clinical Example # 2

  Questions for Clinical Example # 2

  Clinical Example # 3 31

  Questions for Clinical Example # 3

  Chapter Questions


Chapter 3 Confidentiality


Confidentiality
Danger to Self or Others
Mandated Breaches of Confidentiality
Permitted Breaches of Confidentiality
Written Releases of Information
Sample of a Release of Information Document
Group Counseling
Holding Information Policy (Secrets): The Ethical Counseling Duty and Clinical Implications
Impact of the “Holding Information Policy on Treatment and the Counseling Relationship  
Minors and Confidentiality
Minors and Privilege
Safeguarding Sensitive Clinical Information Involving Minors From Insurance Companies
Electronic Devices
The Internet
Fax Machines
Fax Warnings
Sample Fax Warnings
HIV Status
Confidentiality & “Mandated Reporting”
Making a Decision to Report or Not Report an Ethically-Mandated Breach of Confidentiality
Documenting the Decision to Report or Not Report an Ethically-Mandated Breach of Confidentiality
Potential Breaches of Confidentiality in Settings With Multiple Clinicians
Other CCBADC/CAADE Ethical Standards Related to Confidentiality
Clinical Example # 1
Questions for Clinical Example # 1  
Clinical Example # 2
Questions for Clinical Example # 2
Clinical Example # 3
Questions for Clinical Example # 3
Clinical Example # 4
Questions for Clinical Example # 4
Chapter Questions

Chapter 4 Privilege

Privilege

Evidence Code 1010-1027

Exemptions to Privilege

    Clinical Example # 1

  Questions for Clinical Example # 1

  Chapter Questions


Chapter 5 Important Legal Concepts in D&A Counseling Practice.

Scope of Practice

Scope of Practice for MFT, LCSWs, and Psychologists

Scope of Competence

CCBADC/CAADE Ethical Standards Related to Scope of Competence

Counseling Duty

Some Clinical Examples of Counseling Duty

Counseling Duty Regarding Assessing Appropriately

Counseling Duty Regarding Diagnosing Appropriately

Counseling Duty Regarding Treating Appropriately

     Collaborating With Others

     Standard of Care

Attending to Standard of Care in Clinical Practice

The Clinician’s Therapeutic Duty to Assess for Clinically Important Issues Throroughly and 

    Completely

Important Mental Health Case Law

Clinical Example # 1

Questions for Clinical Example # 1

Clinical Example # 2

Questions for Clinical Example # 2

Chapter Questions


Chapter 6 Business and Professions Code as it Applies to Alcoholism and Drug Abuse Counselors  SECTIONS 4700.

Business and Professions Code


Chapter 7 Malpractice and Unprofessional Conduct

Malpractice

Unprofessional Conduct

The 21st Century: Being a Good Counselor Won’t Be Enough to Avoid Malpractice

Creating Therapeutic Safety: Learning the Hard Way

Mental Health Records and Lawsuits: A Direct Correlation

How Small Clinical Issues Become Malpractice Actions

A Malpractice Lawsuit Arising From a Child Abuse Report As Well As Not Making The Report

Clinical Example # 1

Questions for Clinical Example # 1

Clinical Example # 2

Questions for Clinical Example # 2

Chapter Questions


Chapter 8 The Counseling Relationship

      The Counseling Relationship

CCBADC/CAADE Ethical Guidelines Related to the Counseling Relationship

Creating Safety and the Counseling Relationship

  Using the Counseling Relationship Appropriately

Injuring the Counseling Relationship

The Power Differential of the Counseling Relationship

Clinical Example # 1

Questions for Clinical Example # 1

Clinical Example # 2

Questions for Clinical Example # 2

Chapter Questions


Chapter 9 Dual Relationships

Dual Relationships

Harmful Dual Relationships

Friendships With Clients

Sexuality and Clients

Sexual Harassment: A Work Place Hazard for D&A Counselors,

Harmful Dual Relationships and Testifying For Clients

Clinical Example # 1

Questions for Clinical Example # 1

Clinical Example # 2

Questions for Clinical Example # 2

Chapter Questions


Chapter 10 Managing Crisis Issues and Creating Counseling Safety

The Danger For Clinicians When Facing Crisis Issues

The Clinician’s Scope of Competence Regarding Crisis Issues

Reasonable and Prudent Steps Required To Manage Crisis Issues

Assessing The Client’s Competence

Initial Assessment of the Client

Consultation With Past and Present Treatment Providers

Observable Clinical Behavior

Psychosocial Stressors and Environmental Problems

Culturally Sensitive Assessments

Assessing For Risk Factors

Establishing An Appropriate 5-Axis Diagnosis

The Presenting Problem

The Emergency “Plan of Action” To Manage Crisis Issues

Applicable California Laws in Managing Crisis and High Risk Issues

Ethical Standards and Crisis Issues

Breaching Confidentiality in a Safe Manner

Hospitalization as a Clinical Intervention

Post-hospitalization Risk Factors

Suicide — Specific Laws and Codes: Managing This Issue

Serious Threat of Harm to An Identifiable Victim (Tarasoff Situation) — Specific Laws and Codes: 

    Managing this Issue

Spousal Abuse — Specific Laws and Codes: Managing This Issue

Child Abuse — Specific Laws and Codes: Managing This Issue

Elder/Dependent Abuse — Specific Laws and Codes: Managing This Issue

HIV Positive Clients — Specific Laws and Codes: Managing This Issue

Eating Disorders — Specific Laws and Codes: Managing This Issue

Substance Abuse/Dependence To The Degree Where the Client is a Danger to Self or Others — 

    Specific Laws and Codes: Managing This Issue

Documenting Intake Information

Documenting A Mental Status Form

Sample Mental Status Form

Documenting a Beck Depression Inventory

Documenting Consultations

Documenting Treatment Plans for Crisis Issues

Generic Issues Treatment Plan

Documenting a 5-Axis Diagnosis

Documenting the Legal Challenges

Legal/Ethical Documentation Examples

Clinical Example # 1

Questions for Clinical Example # 1

Chapter Questions


Chapter 11 The Suicidal Client and Standard of Care

The Suicidal Client

Legal, Ethical and Clinical Standard of Care for Treating Suicidal Clients

Reasonable and Prudent Steps to Manage Suicidality

Ethically-Permitted Breaches of Confidentiality Under Evidence Code 1024

Clinical Example # 1

Questions for Clinical Example # 1

Chapter Questions


Chapter 12 The Dangerous Client — Serious Threat to Harm

The Dangerous Client

The Dangerous Client and Laws Affecting D&A Cpounselors

Managing “Serious Threat to Harm”

Clinical Example # 1

Questions for Clinical Example # 1

Chapter Questions


Chapter 13 Child Abuse Reporting

Child Abuse

Managing Child Abuse Reporting

Reporting Child Abuse Involving Adults Abused as Children

Employees and Child Abuse Law

Child Abuse Reporting and Immunity

The Use of Anatomically Correct Dolls to Prove Child Abuse

Reporting Consensual Sex Between Minors

Reporting Consensual Sex Between Minors and Adults

Special Reporting Categories

The Confidentiality Bind in Child Abuse Reporting

The Child Abuse Laws—Penal Code 11164-11174.3

Child Abuse Report

Clinical Example # 1

Questions for Clinical Example # 1

Clinical Example # 2

Questions for Clinical Example # 2

Clinical Example # 3

Questions for Clinical Example # 3

Chapter Questions



Chapter 14 Elder and Dependent Abuse Reporting

Management of Elder and Dependent Abuse

Elder and Dependent Abuse Reporting and Immunity

Recent Changes to the Elder/Dependent Abuse Laws

The Elder and Dependent Abuse Laws

    Welfare and Institutions Code Section 15600-15755

Elder/Dependent Abuse Report

Clinical Example # 1

Questions for Clinical Example # 1

Clinical Example # 2

Questions for Clinical Example # 2

Chapter Questions


Chapter 15 Treatment Records

Treatment Records

Patient Records: Ethical Standards

Health and Safety Code 123130 — Foundation for Content of Treatment Records

Patient Access to His/Her Mental Health Records

Appropriate Content of Mental Health Records

Intake Form

Informed Consent Form

Additional Informed Consent

Ledger Form

Psychometric Testing

Written Releases of Information

Five-Axis Diagnosis, Treatment Plan and Prognosis

Consultations and Medical Information

Progress Notes

Discharge Summary

Clinical Charting for Hospital Consultations

Sample Clinical Forms

Sample Intake Form

Sample Informed Consent Form

Sample Ledger Form

Sample Mental Status Exam Form

Sample Release of Information Form

Sample Diagnosis, Treatment Plan, and Prognosis Form

 

Sample Consultation Form

Sample Progress Form

Sample Discharge Summary

Chapter Questions


Chapter 16 Subpoenas

Subpoenas

Managing Subpoenas

Sample Document 1: Actual Subpoena

Sample Document 2: Notice to Consumer

Sample Document 3: Proof of Service

Sample Document 4: Declaration of Records Released

Chapter Questions


Chapter 17 Supervision

Supervision Issues

Scope of Competence

Dual Relationships With Supervisees

Supervisees as Employees

The Supervisee’s Dual Relationship With a Client Cam Impact the Clinical Supervisor

Clinical Example # 1

Questions for Clinical Example # 1

Clinical Example # 2

Questions for Clinical Example # 2

Chapter Questions


Chapter 18 Advertising

Advertising

Ethical Standards Regarding Advertising

Advertising by Supervisees

Clinical Example # 1

Questions for Clinical Example # 1

Chapter Questions


Chapter 19 Fees

Fees

Bartering

Disclosure of Fees

Collecting Unpaid Balances

Maintaining Clinical Objectivity With Third Party Payers

Serious Challenges Faced By Clinicians When Third Parties Pay For Services

Clinical Example # 1

Questions for Clinical Example # 1

Clinical Example # 2

Questions for Clinical Example # 2

Clinical Example # 3

Questions for Clinical Example # 3

Chapter Questions


Chapter 20 Insurance and Managed Care

Insurance and Confidentiality

Insurance Fraud

Appealing Adverse Utilization Review Decisions in Managed Care

Confidentiality and the Internet

Reasonable and Prudent Actions To Take Before Clients Run Out of Insurance Benefits

Clinical Example # 1

Questions to Clinical Example # 1

Chapter Questions


Chapter 21 Forensics, Telephone and Online Counseling

Expert Witness 2

Telephone and Online Counseling

Witness of Fact Versus Expert Witness

Clinical Example # 1

Questions to Clinical Example # 1

Chapter Questions


Chapter 22 Cultural Diversity

Counseling Duty and Cultural Diversity Example — The Mexican-American Client

Clinical Example # 1

Questions to Clinical Example # 1

Clinical Example # 2

Questions to Clinical Example # 2

Chapter Questions


Chapter 23 Treatment of Minors

Treatment of Minors With Parental Consent

Treatment of Minors Without Parental Consent

Treatment of Emancipated Minors

Treatment of Minors in Divorce Situations

Drug and Alcohol Counseling Treatment for Minors

Complete Text of the Family Law

Clinical Example # 1

Questions to Clinical Example # 1

Clinical Example # 2

Questions to Clinical Example # 2

Chapter Questions


Chapter 24       A Structure to Process Legal and Ethical Decision

The Clinical Structure

Practice Vignette

Legal Clinical Vignettes

Ethical Clinical Vignettes


Chapter 25 Accessing California Law Through the Internet


Appendix Answer Key

Answers to Chapter Questions

Answers to Clinical Vignettes

Answers to Ethical Vignettes


References

Index