ADVANCED APPLICATIONS OF LAW AND ETHICS FOR CALIFORNIA SOCIAL WORKERS 7th Edition
This
book is a comprehensive legal and ethical issues resource for California social workers. It addresses multiple clinical issues faced in social services and psychotherapy practice. It integrates California law, Case law, and NASW ethical standards throughout the books multiple and pertinent clinical discussions. Readers about the professional duty owed to the client, which opposing attorneys focus on to discredit the clinician and identify his/her as incompetent in the practice of social work. The book contains diverse topics on interest to social workers. Each topic is developed in a manner to help the clinician understand the multitude of subsets that can affect clinical practice.
This
book addresses its content in a manner that is easy to read and comprehend. A variety of clinical examples based on legal challenges clarify the clinician's responsibility to the client as required by California law. This book is a must to those who want to develop the standard of care and create a protective structure should a legal action arise.
University instructions can request a complimentary copy. E-mail or mail a request on university letterhead.
Table of Contents
Introduction
Chapter 1 The Clinician’s Internal Belief System
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 the Treatment Contract
Informed Consent and Case Law
Legally-Required Elements of Informed Consent
Ethical Counseling Duty to Obtain Informed Consent
Treatment Contract, Part I: The Therapy or Service Delivery Process
Treatment Contract, Part II: The Client’s Rights
Treatment Contract, Part III: Fees and Length of Therapy/Social Services
Treatment Contract, Part IV: Consent for Treatment
Treatment Contract, Part V: Office Policies
Informing Clients of the Potential Risks and Benefits of Treatment
Clinical Example
Informed Consent When Using “Challenging” Therapies or Social Services
Hugging and Psychotherapy/Social Services Treatment: Creating Clinical Safety
Informed Consent and Touching Therapies
Touch Therapies and Boundary Violations
Steps to Prevent an Accusation of a Boundary Violations
Termination and Standard of Care
Managing Termination Safely
Reasonable and Prudent Steps to Take When Terminating Difficult and Uncooperative Clients
Sudden Termination of Clinical Services
Termination and NASW Ethical Standards
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 3 Confidentiality
Confidentiality
Mandated Breaches of Confidentiality
Permitted Breaches of Confidentiality
Written Releases of Information
Sample of a Release of Information Document
Releasing Outpatient Treatment Records for Diagnosis and Treatment Only
Group Counseling
“Holding Information” Policy (Secrets) and Its Clinical Implications
How the “Holding Information” Policy Affects Treatment and the Professional 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 Warning
HIV Status
Confidentiality and Mandated Reporting
Making a Decision to Report or Not Report a Legally-Mandated Breach of Confidentiality
Documenting a Decision to Report or Not Report a Legally-Mandated Breach of Confidentiality
Confidentiality Challenges: Employees and Volunteers
Confidentiality Challenges With Ex-Associates, Ex-Interns, and Ex-Trainees
Potential Breaches of Confidentiality in Settings With Multiple Clinicians
NASW 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 LCSW Practice
Scope of Practice
Scope of Competence
NASW Ethical Standards Related to Competence and Integrity
Professional Duty
Some Clinical Examples of Professional Duty
Professional Duty Regardomg Assessing Correctly
Professional Duty Regarding Diagnosing Correctly
Professional Duty RegardingTreating Correctly
Collaborating With Others
Standard of Care
Attending to Standard of Care in Clinical Practice
The Clinician’s Counseling Duty to Assess for Clinically Important Issues Thoroughly and Completely
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 Clinical Social Workers
SECTIONS 4980–4989
Clinical Example # 1
Questions for Clinical Example # 1
Clinical Example # 2
Questions for Clinical Example # 2
Clinical Example # 3 97
Questions for Clinical Example # 3
Chapter Questions
Chapter 7 Malpractice and Unprofessional Conduct
Malpractice
Unprofessional Conduct
Creating Therapeutic Safety: Learning the Hard Way
Mental Health Records and Lawsuits: A Direct Correlation
How Small Clinical Issues Become Malpractice or BBS Administrative Actions
How Attorneys Develop Malpractice Cases Against Clinicians In Conjunction With An Expert Witness
A Malpractice Lawsuite Arising From a Child Abuse Report As Well As Not Making A Report
Clinical Example # 1
Questions for Clinical Example # 1
Clinical Example # 2
Questions for Clinical Example # 2
Chapter Questions
Chapter 8 The Professional Relationship
The Professional Relationship
NASW Ethical Guidelines Related to the Professional Relationship
Protecting the Professional Relationship
Using the Professional Relationship
Injuring the Professional Relationship
The Power Differential of the Professional 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
Civil and Criminal Actions Specific to Sexual Boundary Violations
Mandated Brochure “Therapy Never Includes Sex”
Administrative Actions by the BBS
Sexual Harassment: A Work Place Hazard for LCSWs
Testifying on Behalf of Clients Can Create Harmful Dual Relationships
Subtle Dual Relationships
Clinical Example # 1
Questions for Clinical Example # 1
Clinical Example # 2 124
Questions for Clinical Example # 2
Clinical Example # 3
Questions for Clinical Example # 3
Chapter Questions
Chapter 10 Managing Crisis Issues and Creating Therapeutic 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 Current Treatment Providers
Observable Clinical Behavior
Psychosocial Stressors and Enviornmental Problems
Culturally Sensitive Assessments
Assessing For Risk Factors
Establishing An Appropriate 5-Axis Diagnosis
The Presenting Crisis Issue
The Emergency “Plan of Action” To Manage Crisis Issues
Applicable California Laws in Managing Crisis and High Risk Issues
NASW 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 and 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 Exam
Sample Mental Status Form
Documenting A Beck Depression Inventory
Documenting Consultations
Documenting Treatment Plans for Crisis Issues
Generic Crisis Issue Treatment Plan
Documenting A 5-Axis Diagnosis
Documenting the Legal Challenge
Legal/Ethical Issues Documentation Example
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 the Suicidal Client
Reasonable and Prudent Steps to Manage Suicidality
Permitted Breaches of Confidentiality Under Evidence Code 1024
Clinical Example # 1
Questions for Clinical Example # 1
Chapter Questions
Chapter 12 The Dangerous Client in a Tarasoff Situation
The Dangerous Client
Dangerous Clients and Laws Affecting Psychotherapists
Ewing v. Goldstein
Clinical Applications Under Ewing v. Goldstein
Calderon v. Glick (2005), Ca. App. 4th
Managing “Serious Threat to Harm”
Clinical Example # 1
Questions for Example # 1
Clinical Example # 2
Questions for Clinical Example # 2
Chapter Questions
Chapter 13 Mandated 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
Recent Additions to the Child Abuse Laws
The Confidentiality Bind in Child Abuse Reporting
The Child Abuse Laws—Penal Code 11164-11174.3
Child Abuse Report
Clinical Example # 1
Questions for Example # 1
Clinical Example # 2
Questions for Clinical Example # 24
Clinical Example # 3
Questions for Clinical Example # 3
Chapter Questions
Chapter 14 Elder and Dependent Abuse Reporting
Elder and Dependent Abuse
Empoyees and Elder/dependent Adult Laws
Elder and Dependent Abuse Reporting and Immunity for LCSWs
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 Example # 1
Clinical Example # 2
Questions for Clinical Example # 2
Chapter Questions
Chapter 15 Mental Health Records
Mental Health Records and Psychotherapy
Patient Records: The Law and Ethical Standards
Health and Safety Code 123130 — The Foundation for the Content of Mental Health Records
The Clinical Foundation for Content of Mental Health Records
Patient Access to His/Her Mental Health Records
Computerized Records
Clinical Example # 1
Questions for Example # 1
Clinical Example # 2
Questions for Clinical Example # 2
Chapter Questions
Chapter 16 The Content of Mental Health Records
Appropriate Conent of Mental Health Records
Intake Form
Informed Consent Form
Additional Informed Consent(s)
Ledger Form
Psychometric Testing
Written Releases of Information
5-Axis Diagnosis, Treatment Plan, and Prognosis
Consultations and Medical Information
Progress Notes
Discharge Summary
Chapter Questions
Chapter 17 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 18 Writing Case Notes
A Repeatable Format
Documenting Scope of Practice
Documenting Diagnosis
Consultations and Referrals
Writing Progress Notes
Documenting Legal and Ethical Issues
The Appropriate Use of the Treatment Plan
Writing Discharge Summaries
Clinical Charting for Hospital Consultations
Chapter 19 Subpoenas
Supboenas
Managing Subpoenas
Sample Document 1: Supoena
Sample Document 2: Notice to Consumer
Sample Document 3: Proof of Service
Sample Document 4: Declaration of Services
Clinical Example # 1
Questions for Clinical Example # 1
Chapter Questions
Chapter 20 Associate Supervision
Supervision Issues
Dual Relationship with Interns and Associates
Associates as Employees
Additional Requirements for Associates
Advertising
Supervisor’s Responsibilities
NASW Ethical Standards Related to Supervision
How the Supervisee’s Dual Relationship With a Client Can Harm the Clinical Supervisor
Contractual Agreements
Clinical Example # 1
Questions for Clinical Example # 1
Clinical Example # 2
Questions for Clinical Example # 2
Chapter Questions
Chapter 21 Advertising
Advertising
Fictitious Names and Yellow Pages
Advertising and Associates
Referral Services
Specialty Practice
Clinical Example # 1
Questions for Clinical Example # 1
Chapter Questions
Chapter 22 Fees
Fees
Bartering
Disclosure of Fees
Non-Affordability of Fees
Collecting Unpaid Balances
Maintaining Clinica Objectivity With Third Party Payers
Serious Challenges Faced By Clinicians When Third Party Parties Pay For Clinical Services
NASW Ethical Standards Regarding Financial Arrangements
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 23 Insurance and Managed Care
Insurance and Confidentiality
Insurance Fraud
Appealing Adverse Utilization Review Decisions in Managed Care
Confidentiality and HIPAA Legislation
Reasonable and Prudent Actin To Take Before The Client Runs Out of Insurance Benefits
Clinical Example # 1
Questions for Clinical Example # 1
Chapter Questions
Chapter 24 Forensics, Telephone and Online Counseling
Expert Witness
Child Custody Evaluations
Personal Injury Evaluations9
Psychometric Testing
Criminal Forensic Evaluations
Telephone and Online Counseling
Witness of Fact Versus an Expert Witness
Business and Professions Code 805
Clinical Example # 1
Questions for Clinical Example # 1
Clinical Example # 2
Questions for Clinical Example # 2
Chapter Questions
Chapter 25 Cultural Diversity
Cultural Diversity and Psychotherapy/Social Services
Professional Duty and Cultural Diversity: Example: The Mexican-American Client
Clinical Example # 1
Questions for Clinical Example # 1
Clinical Example # 2
Questions for Clinical Example # 2
Chapter Questions
Chapter 26 Treatment of Minors, Family Code (Marriage and Family Laws)
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
Holding Information Policy and Minors
Minors and Releasing Sensitive Clinical Information to Third Party Payers
Family Code
Clinical Example # 1
Questions for Clinical Example # 1
Clinical Example # 2
Questions for Clinical Example # 2
Chapter Questions
Chapter 27 Clinical Challenges With Legal Implications
Clinical Objectivity: The Foundation of Making Clinical Decisions
The Risks and Benefits of Keeping Minimal vs. Volumious Records
Clinicians Ignore Risk Factors At Their Own Risk
The Out of Compliance and Uncooperative Client
The Impaired Clinician and His or Her Immediate Colleagues
The “It’ll Never Happen to Me” Syndrome 349
Working and Collaborating With Unlicensed Mental Health Clinicians
Chapter 28 A Structure to Process Legal and Ethical Decision
Managing Legal and Ethical Challenges Safely
Chapter 29 Accessing California Law Through the Internet
Appendix Answer Key
Answers to Chapter Questions
References
Index