CA MFT EXAM - LAW & ETHICS QUESTIONS WITH
VERIFIED ANSWERS
MFT Scope of Practice - Answers - 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 - Answers - 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 - Answers - 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? - Answers - 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 - Answers - 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 - Answers - 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 - Answers - Suspected abuse
Tarasoff
The Patriot Act of 2002
, Permissive Exceptions to Confidentiality - Answers - 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 - Answers - Immediately by phone
Within 36 hours by written report
Optional reporting of child abuse - Answers - Emotional abuse and fetal abuse
Out of state reporting of child abuse - Answers - Must be reported no matter where it
occurs, and no matter the location of the victim/abuser
All reports must always be made to CPS or law enforcement within California
Historical reporting of child abuse - Answers - When victim is now over 18, no report
When victim is now over 18, but thx has a reasonable suspicion that the perpetrator has
or is abusing others who are currently under the age of 18
"Having access" is a myth; emphasis is on "reasonable suspicion"
Non-reportable "Lewd & Lascivious Conduct" - Answers - • A minor is under 14 years
old and his or her partner is under 14 years old, assuming they are of "similar age,
maturity, & sophistication."
• A minor is 14 years old and his or her partner is under 24 years old.
• A minor is 15 years old and his or her partner is under 25 years old.
Reportable "Lewd & Lascivious conduct" - Answers - If child is under 14 and is the
recipient of "lewd & lascivious conduct" (touching in order to sexually arouse) by
someone 14 or older, this is reportable
If child is 14 or 15 and is the recipient of "lewd & lascivious conduct" (touching in order
to sexually arouse) by someone at least 10 years older (24 or 25), this is reportable
Reportable Sexual Intercourse - Answers - If child is under 14 and having sex with
someone 14 or older, this is reportable
Under 16 & having sex with someone 21 or older, this is reportable
Non-reportable Sexual Intercourse - Answers - A minor is under 14 years old and his or
her partner is under 14 years old, assuming they are of "similar age, maturity, &
sophistication."
A minor is 14 or 15 years old and his or her partner is over 14 years old but under 21
years old
A minor is 16 years old or older and his or her partner is 14 or older
Forms of Elder Abuse - Answers - Physical abuse
VERIFIED ANSWERS
MFT Scope of Practice - Answers - 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 - Answers - 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 - Answers - 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? - Answers - 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 - Answers - 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 - Answers - 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 - Answers - Suspected abuse
Tarasoff
The Patriot Act of 2002
, Permissive Exceptions to Confidentiality - Answers - 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 - Answers - Immediately by phone
Within 36 hours by written report
Optional reporting of child abuse - Answers - Emotional abuse and fetal abuse
Out of state reporting of child abuse - Answers - Must be reported no matter where it
occurs, and no matter the location of the victim/abuser
All reports must always be made to CPS or law enforcement within California
Historical reporting of child abuse - Answers - When victim is now over 18, no report
When victim is now over 18, but thx has a reasonable suspicion that the perpetrator has
or is abusing others who are currently under the age of 18
"Having access" is a myth; emphasis is on "reasonable suspicion"
Non-reportable "Lewd & Lascivious Conduct" - Answers - • A minor is under 14 years
old and his or her partner is under 14 years old, assuming they are of "similar age,
maturity, & sophistication."
• A minor is 14 years old and his or her partner is under 24 years old.
• A minor is 15 years old and his or her partner is under 25 years old.
Reportable "Lewd & Lascivious conduct" - Answers - If child is under 14 and is the
recipient of "lewd & lascivious conduct" (touching in order to sexually arouse) by
someone 14 or older, this is reportable
If child is 14 or 15 and is the recipient of "lewd & lascivious conduct" (touching in order
to sexually arouse) by someone at least 10 years older (24 or 25), this is reportable
Reportable Sexual Intercourse - Answers - If child is under 14 and having sex with
someone 14 or older, this is reportable
Under 16 & having sex with someone 21 or older, this is reportable
Non-reportable Sexual Intercourse - Answers - A minor is under 14 years old and his or
her partner is under 14 years old, assuming they are of "similar age, maturity, &
sophistication."
A minor is 14 or 15 years old and his or her partner is over 14 years old but under 21
years old
A minor is 16 years old or older and his or her partner is 14 or older
Forms of Elder Abuse - Answers - Physical abuse
