CA MFT Exam - Law & Ethics With Questions And
Answers Already Graded A 100 % PASS
MFT Scope of Practice - ANSWER>>A legal term. An LMFT may:
Practice psychotherapy
Diagnose and treat mental disorders (in order to improve client's relationships)
Administer and interpret psychological tests (as long as doing so is within the MFT's
scope of competence as determined by education, training, or experience, and as long
as it is directed toward improving client's relationships
Privilege - ANSWER>>A legal term. The legal right not to have confidential information
revealed during legal proceedings or in court. The client or client representative holds
the privilege.
Subpoenas and privilege - ANSWER>>A therapist's first response upon receiving a
subpoena is to assert privilege. The therapist can release records if the client gives
him written permission to do so, or if the court orders him to do so.
Who holds privilege? - ANSWER>>The client, if he is an adult, or if he is a minor who is
receiving treatment without parental consent.
The court can waive the privilege
If a minor is a ward of the state, the minor holds privilege, which can be waived by the
court or by the client's attorney
If there is a legal guardian, he/she can waive privilege on behalf of client
Exceptions to privilege - ANSWER>>A judge decides if the facts of the case fall under
one of the following exceptions to privilege:
The client has introduced his emotional condition in a legal proceeding
The client has treated information as if it were not confidential
The thx has been appointed by the court to examine the client
, The thx has been ordered by the court to divulge information
The client has sought therapy to commit and/or escape punishment for a crime
Proceedings to determine sanity
Proceedings to establish client competence
Confidentiality - ANSWER>>Both legal & ethical term
Thx cannot divulge HIV even if client is endangering a partner
Mandated reporters are allowed to respond to follow-up inquiries from investigators
Mandated Exceptions to Confidentiality - ANSWER>>Suspected abuse
Tarasoff
The Patriot Act of 2002
Permissive Exceptions to Confidentiality - ANSWER>>Client is a danger to self, or to
the person or property of others (California evidence code 1024)
Disclosures to licensed professionals (such as supervisor or colleague) to get help in
treating client
When there is an authorization to release PHI
When client has signed a health insurance claim form
Breach of duty (thx sues client for non-payment, or client sues thx for malpractice)
Child Abuse Reporting - ANSWER>>Immediately by phone
Within 36 hours by written report
Optional reporting of child abuse - ANSWER>>Emotional abuse and fetal abuse
Out of state reporting of child abuse - ANSWER>>Must be reported no matter where it
occurs, and no matter the location of the victim/abuser
Answers Already Graded A 100 % PASS
MFT Scope of Practice - ANSWER>>A legal term. An LMFT may:
Practice psychotherapy
Diagnose and treat mental disorders (in order to improve client's relationships)
Administer and interpret psychological tests (as long as doing so is within the MFT's
scope of competence as determined by education, training, or experience, and as long
as it is directed toward improving client's relationships
Privilege - ANSWER>>A legal term. The legal right not to have confidential information
revealed during legal proceedings or in court. The client or client representative holds
the privilege.
Subpoenas and privilege - ANSWER>>A therapist's first response upon receiving a
subpoena is to assert privilege. The therapist can release records if the client gives
him written permission to do so, or if the court orders him to do so.
Who holds privilege? - ANSWER>>The client, if he is an adult, or if he is a minor who is
receiving treatment without parental consent.
The court can waive the privilege
If a minor is a ward of the state, the minor holds privilege, which can be waived by the
court or by the client's attorney
If there is a legal guardian, he/she can waive privilege on behalf of client
Exceptions to privilege - ANSWER>>A judge decides if the facts of the case fall under
one of the following exceptions to privilege:
The client has introduced his emotional condition in a legal proceeding
The client has treated information as if it were not confidential
The thx has been appointed by the court to examine the client
, The thx has been ordered by the court to divulge information
The client has sought therapy to commit and/or escape punishment for a crime
Proceedings to determine sanity
Proceedings to establish client competence
Confidentiality - ANSWER>>Both legal & ethical term
Thx cannot divulge HIV even if client is endangering a partner
Mandated reporters are allowed to respond to follow-up inquiries from investigators
Mandated Exceptions to Confidentiality - ANSWER>>Suspected abuse
Tarasoff
The Patriot Act of 2002
Permissive Exceptions to Confidentiality - ANSWER>>Client is a danger to self, or to
the person or property of others (California evidence code 1024)
Disclosures to licensed professionals (such as supervisor or colleague) to get help in
treating client
When there is an authorization to release PHI
When client has signed a health insurance claim form
Breach of duty (thx sues client for non-payment, or client sues thx for malpractice)
Child Abuse Reporting - ANSWER>>Immediately by phone
Within 36 hours by written report
Optional reporting of child abuse - ANSWER>>Emotional abuse and fetal abuse
Out of state reporting of child abuse - ANSWER>>Must be reported no matter where it
occurs, and no matter the location of the victim/abuser
