LCSW test prep California-- Law and Ethics
Soliciting private info beyond what is essential for providing services: ethical or legal?
ETHICAL ISSUE: Privacy + Confidential
Maintaining clinical records: ethical or legal?
LEGAL and ETHICAL
Securing a license/registration by fraud: ethical or legal?
LEGAL: Unprofessional conduct (conditions for Suspension, Revocation of license)
Incompetence in performance of clin SW: ethical or legal?
LEGAL: Unprofessional conduct (conditions for Suspension, Revocation of license)
Act or omission that falls sufficiently below standard of conduct as to constitute gross
negligence: ethical or legal?
LEGAL: Unprofessional conduct (conditions for Suspension, Revocation of license)
Sexual relationships: ethical or legal?
LEGAL and ETHICAL
Performing, acting as if able to perform, offering to perform any professional services beyond
scope of license: ethical or legal?
LEGAL: Unprofessional conduct (conditions for Suspension, Revocation of license)
Failure to maintain confidentiality: ethical or legal?
LEGAL: Unprofessional conduct (conditions for Suspension, Revocation of license)
Fee disclosure: ethical or legal?
LEGAL and ETHICAL
Paying, accepting payment/ remuneration for referrals: ethical or legal?
LEGAL and ETHICAL
Keeping records (LEGAL)
Failure to keep records consistent with clinical judgment, standards, nature of services =
unprofessional conduct (conditions for Suspension, Revocation of license)
,Termination of services -arranging transfer (ETHICAL)
1-Termination or interruption of services w/o notifying ct promptly + arranging transfer/ referral
as needed . 2- Failure to take reasonable steps to avoid abandoning cts who are still in need of
services 3-Failure to terminate when services no longer serve ct's needs 3- = ETHICAL
VIOLATIONS
Fees (LEGAL)
Prior to the commencement of treatment, failing to disclose to ct or prospective ct the fee to be
charged for the profess.services, or the basis upon which fee to be computed = ILLEGAL
Misrepresenting education/license/registration/ qualifications
Misrepresentation re type or status of a license/reg., or other misrepresentation or permitting
misrepresentation of his or her education, qualifications, profess affiliations= ILLEGAL
Termination based on failure to pay (ETHICAL)
Termination based on failure to pay overdue balance w/o following: payment policies were
made clear, ct not in imminent risk, consequences of nonpayment addressed =
ETHICAL VIOLATION
Payment for Services: Fees (ETHICAL)
Failure to ensure fees are fair, reasonable. + commensurate w services. Failure to consider ct's
ability to pay= ETHICAL VIOLATION:
Payment for Services: Accepting barter (ETHICAL)
Accepting barter w/o all of the following:it's an accepted practice among profs locally, essential
for provision of services, +initiated by ct + w ct's consent = ETHICAL VIOLATION
Payment for Services: private practice by agency employee (ETHICAL)
Soliciting private fee/ remuneration for services to cts who are entitled to them thru your
employer or agency= ETHICAL VIOLATION: NASW 1.13 Payment for Services
Access to Records (ETHICAL)
1-Not providing cts w/ reasonable access to records.2- Not assisting ct to interpret them if
access to records might lead to serious misunderstanding or harm3- not limiting access +
documenting rationale when there is compelling evidence that serious harm would result =
ETHICAL VIOLATIONS
Alleged sexual misconduct of ct's former therapist (LEGAL)
, 1-Failure to provide the brochure re the rights of, and remedies for, patients who have been
involved sexually with their psychotherapist. 2- Failure todiscuss with the patient the brochure
prepared by the department= ILLEGAL.
Sexual conduct (LEGAL)
Sex with a ct or a former ct w/in 2yrs from termination, soliciting sex from a ct, or committing
sexual abuse or sex.misconduct w/ct or committing act punishable as sex crime, if it's
subst.related to qualifications, functions, duties of a clinical social worker.= ILLEGAL
When providing services to couples/ family members (ETHICAL)
Clarify who is considered ct and the nature of professional obligations to various individuals
ETHICS
Child abuse reporting (LEGAL)
Failure to comply with child abuse reporting requirements (call asap, f/u in writing w/in 36
hours)= Unprofessional conduct (conditions for Suspension, Revocation of license)
Seeking consult when needed: ethical or legal?
ETHICS/ NASW
Informed consent to tx: ethical or legal?
LEGAL + ETHICAL
Client self determination: ethical or legal?
ETHICS
COnflict of interest: ethical or legal?
LEGAL + ETHICAL
Duty to Warn: ethical or legal?
LEGAL (Tarasoff decision)
Scope of Practice: ethical or legal?
LEGAL
Scope of Competence: ethical or legal?
LEGAL + ETHICAL
Standard of care: ethical or legal?
Soliciting private info beyond what is essential for providing services: ethical or legal?
ETHICAL ISSUE: Privacy + Confidential
Maintaining clinical records: ethical or legal?
LEGAL and ETHICAL
Securing a license/registration by fraud: ethical or legal?
LEGAL: Unprofessional conduct (conditions for Suspension, Revocation of license)
Incompetence in performance of clin SW: ethical or legal?
LEGAL: Unprofessional conduct (conditions for Suspension, Revocation of license)
Act or omission that falls sufficiently below standard of conduct as to constitute gross
negligence: ethical or legal?
LEGAL: Unprofessional conduct (conditions for Suspension, Revocation of license)
Sexual relationships: ethical or legal?
LEGAL and ETHICAL
Performing, acting as if able to perform, offering to perform any professional services beyond
scope of license: ethical or legal?
LEGAL: Unprofessional conduct (conditions for Suspension, Revocation of license)
Failure to maintain confidentiality: ethical or legal?
LEGAL: Unprofessional conduct (conditions for Suspension, Revocation of license)
Fee disclosure: ethical or legal?
LEGAL and ETHICAL
Paying, accepting payment/ remuneration for referrals: ethical or legal?
LEGAL and ETHICAL
Keeping records (LEGAL)
Failure to keep records consistent with clinical judgment, standards, nature of services =
unprofessional conduct (conditions for Suspension, Revocation of license)
,Termination of services -arranging transfer (ETHICAL)
1-Termination or interruption of services w/o notifying ct promptly + arranging transfer/ referral
as needed . 2- Failure to take reasonable steps to avoid abandoning cts who are still in need of
services 3-Failure to terminate when services no longer serve ct's needs 3- = ETHICAL
VIOLATIONS
Fees (LEGAL)
Prior to the commencement of treatment, failing to disclose to ct or prospective ct the fee to be
charged for the profess.services, or the basis upon which fee to be computed = ILLEGAL
Misrepresenting education/license/registration/ qualifications
Misrepresentation re type or status of a license/reg., or other misrepresentation or permitting
misrepresentation of his or her education, qualifications, profess affiliations= ILLEGAL
Termination based on failure to pay (ETHICAL)
Termination based on failure to pay overdue balance w/o following: payment policies were
made clear, ct not in imminent risk, consequences of nonpayment addressed =
ETHICAL VIOLATION
Payment for Services: Fees (ETHICAL)
Failure to ensure fees are fair, reasonable. + commensurate w services. Failure to consider ct's
ability to pay= ETHICAL VIOLATION:
Payment for Services: Accepting barter (ETHICAL)
Accepting barter w/o all of the following:it's an accepted practice among profs locally, essential
for provision of services, +initiated by ct + w ct's consent = ETHICAL VIOLATION
Payment for Services: private practice by agency employee (ETHICAL)
Soliciting private fee/ remuneration for services to cts who are entitled to them thru your
employer or agency= ETHICAL VIOLATION: NASW 1.13 Payment for Services
Access to Records (ETHICAL)
1-Not providing cts w/ reasonable access to records.2- Not assisting ct to interpret them if
access to records might lead to serious misunderstanding or harm3- not limiting access +
documenting rationale when there is compelling evidence that serious harm would result =
ETHICAL VIOLATIONS
Alleged sexual misconduct of ct's former therapist (LEGAL)
, 1-Failure to provide the brochure re the rights of, and remedies for, patients who have been
involved sexually with their psychotherapist. 2- Failure todiscuss with the patient the brochure
prepared by the department= ILLEGAL.
Sexual conduct (LEGAL)
Sex with a ct or a former ct w/in 2yrs from termination, soliciting sex from a ct, or committing
sexual abuse or sex.misconduct w/ct or committing act punishable as sex crime, if it's
subst.related to qualifications, functions, duties of a clinical social worker.= ILLEGAL
When providing services to couples/ family members (ETHICAL)
Clarify who is considered ct and the nature of professional obligations to various individuals
ETHICS
Child abuse reporting (LEGAL)
Failure to comply with child abuse reporting requirements (call asap, f/u in writing w/in 36
hours)= Unprofessional conduct (conditions for Suspension, Revocation of license)
Seeking consult when needed: ethical or legal?
ETHICS/ NASW
Informed consent to tx: ethical or legal?
LEGAL + ETHICAL
Client self determination: ethical or legal?
ETHICS
COnflict of interest: ethical or legal?
LEGAL + ETHICAL
Duty to Warn: ethical or legal?
LEGAL (Tarasoff decision)
Scope of Practice: ethical or legal?
LEGAL
Scope of Competence: ethical or legal?
LEGAL + ETHICAL
Standard of care: ethical or legal?
