CALIFORNIA LMFT LAW AND ETHCS EXAM
WITH QUESTIONS AND ANSWERS
Legal: What do you legally need to provide during Informed consent
Legal:
1. must get verbal consent
2. disclose fee
3. license and registration info
4. privacy policy
5. good faith estimate for non-insurance
6. BBS complaint procedure
7. if there will be use of Telehealth
What is the difference between Consent, Confidentiality, and Privilege?
Ethical: What do you need to ethically provide during Informed Consent
Ethically Required:
1. right to enter, leave or remain in therapy
2. must provide clear understandable language
3. consent can be verbal unless there is third party observation then it must be
written
4. risks/benefits of novel/ experimental treatment
5. risk of harm from specific techniques
5. emergency in-between session contacts
6. Responsibility to offer alternatives both in and out of insurance plans
7. Rights and Responsibilities of client
,Ethically Encouraged:
1. limits of confidentiality
2. professional background
3, Risks and Benefits
Legal: Who can consent for a minor?
Adult Caretaker: With letter from parent, or with caregiver consent affidavit
Guardian: With court order granting guardianship
Court: Minors 16 and over whose parents are unavailable
Juvenile court: Minor 16 and younger who is a dependent of court
Foster Parent: Only with dependency court permission (otherwise they can not
give consent with mention of court permission)
Emergency: Consent not required
Legal: What can a minor 12 and older consent to?
1. outpatient therpay (must contact parent , unless therapist deems it will not be
helpful)
2. Crisis shelter (must contact parent)
Legal: true informed consent 3 conditions that must be met
1. Client must have the capacity to understand
2. Comprehension ( must contain all necessary information)
3. Must be done voluntarily .
Legal: What can a minor 12 and older not consent to? (S, M, H)
1. surgery
2. medication
3. voluntary hospitalization
Legal: Who is the holder of privilege in regards to a minor during a custody
battle.
The child is, unless a guardian ad litem is assigned. Judge can rule against a
child waiving their privilege.
Legal: Requirements for Telehealth at first session (RL, CC, VC, LR)
, At first instance of use of telehealth:
A. can not provide Telehealth in another state unless carve-outs
B. give risks and limitations
C. document local crisis center
D. get consent
E. provide license and registration
Legal: Requirements at each new session (AT, CNL, SC)
At every session of telehealth
A. Must determine the appropriateness for Telehealth
B. Document client full name and location
C. Follow best practices for security and confidentiality.
Ethical: Telehealth (RB, LC, AT, CTECH, WR3)
1. inform client of risks and benefits (confidentiality risks, tech fail, clinical
limits)
2. make sure Telehealth is legally compliant
3. make sure it is clinically appropriate
4. both client and therapist should be comfortable and familiar with tech with
available privacy
5. if session is recored must get consent in writing
6. If using recording for AI app must get written permission from client
Legal: Rules of Confidentiality
1. any information about a client even if you leave their name out
2. mere existent of relationship with client is confidential
3. Disclose only necessary information
4. not legally obligated to tell client about disclosures
5. Document disclosure and reason
6. For group therapy: individual notes without names of other group members
WITH QUESTIONS AND ANSWERS
Legal: What do you legally need to provide during Informed consent
Legal:
1. must get verbal consent
2. disclose fee
3. license and registration info
4. privacy policy
5. good faith estimate for non-insurance
6. BBS complaint procedure
7. if there will be use of Telehealth
What is the difference between Consent, Confidentiality, and Privilege?
Ethical: What do you need to ethically provide during Informed Consent
Ethically Required:
1. right to enter, leave or remain in therapy
2. must provide clear understandable language
3. consent can be verbal unless there is third party observation then it must be
written
4. risks/benefits of novel/ experimental treatment
5. risk of harm from specific techniques
5. emergency in-between session contacts
6. Responsibility to offer alternatives both in and out of insurance plans
7. Rights and Responsibilities of client
,Ethically Encouraged:
1. limits of confidentiality
2. professional background
3, Risks and Benefits
Legal: Who can consent for a minor?
Adult Caretaker: With letter from parent, or with caregiver consent affidavit
Guardian: With court order granting guardianship
Court: Minors 16 and over whose parents are unavailable
Juvenile court: Minor 16 and younger who is a dependent of court
Foster Parent: Only with dependency court permission (otherwise they can not
give consent with mention of court permission)
Emergency: Consent not required
Legal: What can a minor 12 and older consent to?
1. outpatient therpay (must contact parent , unless therapist deems it will not be
helpful)
2. Crisis shelter (must contact parent)
Legal: true informed consent 3 conditions that must be met
1. Client must have the capacity to understand
2. Comprehension ( must contain all necessary information)
3. Must be done voluntarily .
Legal: What can a minor 12 and older not consent to? (S, M, H)
1. surgery
2. medication
3. voluntary hospitalization
Legal: Who is the holder of privilege in regards to a minor during a custody
battle.
The child is, unless a guardian ad litem is assigned. Judge can rule against a
child waiving their privilege.
Legal: Requirements for Telehealth at first session (RL, CC, VC, LR)
, At first instance of use of telehealth:
A. can not provide Telehealth in another state unless carve-outs
B. give risks and limitations
C. document local crisis center
D. get consent
E. provide license and registration
Legal: Requirements at each new session (AT, CNL, SC)
At every session of telehealth
A. Must determine the appropriateness for Telehealth
B. Document client full name and location
C. Follow best practices for security and confidentiality.
Ethical: Telehealth (RB, LC, AT, CTECH, WR3)
1. inform client of risks and benefits (confidentiality risks, tech fail, clinical
limits)
2. make sure Telehealth is legally compliant
3. make sure it is clinically appropriate
4. both client and therapist should be comfortable and familiar with tech with
available privacy
5. if session is recored must get consent in writing
6. If using recording for AI app must get written permission from client
Legal: Rules of Confidentiality
1. any information about a client even if you leave their name out
2. mere existent of relationship with client is confidential
3. Disclose only necessary information
4. not legally obligated to tell client about disclosures
5. Document disclosure and reason
6. For group therapy: individual notes without names of other group members
