Fulfills Requirement: Professional Ethics for all professions. Check with your state board if you have questions.
PER BBS: Exam Restructure FAQs for Registrants (ASWs, AMFTs and APCC ONLY): “If you don’t pass the exam prior to your registration’s expiration date, you must complete a 12-hour course in California Law and Ethics before you will be allowed to retake the exam during the next renewal cycle.” This course meets this 12-hour course requirement.
This comprehensive course provides early career clinicians, as well as those applying for MFT, LCSW, and LPCC licensure, everything needed to develop a broad understanding of the laws and ethics associated with clinical practice. Tips and interactive engagement enable optimal learning, application and retention of the information.
This foundational course offers 28 articles that cover all areas of legal and ethical issues associated with clinical practice. The course provides information on confidentiality, privilege and consent, limits to confidentiality and mandated reporting; legal standards for professional practice (sexual conduct, scope of practice, unprofessional conduct, fees, third-party payors, advertising, referral fees); professional competence and the prevention of harm (scope of competence, consultation, clinician’s self-care, referrals, values and beliefs of clinician, conflicts of interest, boundary management); therapeutic relationship (informed consent, concurrent psychotherapy, therapeutic issues, evaluation of risk factors, impacts of legal and ethical obligations on psychotherapy, issues of diversity, client autonomy, advocacy with third-party payors, discontinuation or termination of treatment); and business practices and policies (advertising, maintaining clinical records, clarification of roles, electronics and telehealth, payment policies, gifts in therapy, research, unethical or unprofessional conduct of colleagues, supervision). Additional resources for the clinician are provided at the end of the course.
Educational Objectives
This course will teach the participant to
Note the major requirements for making application for licensure as a marriage and family therapist
Define and delineate the scope of practice for marriage and family therapists
Describe the difference between scopes of practice and competence
Review the principle of confidentiality and its limitations
Define privilege and its intricacies
Describe the legal requirements associated with the treatment of minors
Note key laws related to the treatment of elder and dependent adults
Summarize the elements of informed consent and the laws and statutes which are associated with informed consent
Describe the legal requirements for documenting, storing, disposing of, maintaining and managing requests for medical records
Review the ethical and legal mandates related to sexual conduct
Summarize the actions that constitute unprofessional conduct for marriage and family therapists
Note the ethical and legal requirements associated with advertising
Syllabus
Licensing Requirements
Confidentiality, Privilege, and Consent
Confidentiality
Protecting client’s right to privacy
Maintaining confidentiality when disseminating information
Privilege
Knowing who holds the privilege
Impacts of privilege on treatment
Privileged information in legal matters
Treatment and complying with legal requirements when treating minors
Maintaining Clinical Records
Documentation
Storage of records
Disposal of records
Maintaining confidentiality of records
Managing requests for records
Consent
Providing service in person or via telemental health
Maintaining compliance with HIPAA laws
Limits to Confidentiality
Reporting suspected child, elder, and dependent adult abuse, neglect or exploitation
Breaking confidentiality when clients are a danger to self, others or suffering grave disability
Exceptions in legal proceedings
Legal Standards for Professional Practice
Compliance with laws and regulations associated with scope of practice and professional conduct
Regulations associated with sexual contact/conduct between therapist and client
Disclosure of fees and policies prior to initiating treatment and concerns with referral fees
Awareness of legal issues associated with Inpatient treatment and patient rights
Compliance with laws and regulations associated with third party payers and advertising
Professional Competence and Prevention of Harm
Professional Competence
Consultation to manage issues associated with ethical conduct and scope of competence
Maintenance of own health and well-being in order to provide competent service
Referring for adjunctive services when in the client’s best interest
Harm Prevention
Maintaining professional boundaries
Management of own beliefs, values and attitudes in order to protect against issues which might interfere with the provision of competent psychotherapy
Evaluation of conflicts of interest
Compliance with laws and regulations associated with sexual conduct and contact with current and former clients and collaterals
Therapeutic Relationship
Informed consent
Assessing needs when client is receiving concurrent therapies
Reviewing confidentiality, role of therapist, goals for treatment, treatment modalities
Reviewing and managing any limits to confidentiality and impacts on the therapeutic relationship
Evaluating risk factors that may impact the therapy
Management of legal or ethical obligations during the course of therapy
Awareness and process of issues associated with diversity
Providing treatment that promotes client’s autonomy
Client advocacy and third-party payors
Maintaining practices for continuity of care
Termination of treatment when no longer benefitting the client
Business Practices and Policies
Advertising accurately and authentically
Maintaining client records to document treatment and to guarantee confidentiality
Promoting clarity of professional role
Implement policies that address ethical issues associated with the use of electronic media and technology used in therapy
Maintaining accurate fee and payment policies
Compliance with laws and regulations associated with the receipt of gifts from clients
Maintaining ethical guidelines when conducting research
Managing unethical conduct of colleagues to safeguard clients
Compliance with laws and regulations when engaged in a supervisorial relationship
