CA MFT Exam - Law & Ethics QUESTIONS WITH VERIFIED ANSWERS

MFT Scope of Practice correct 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 correct 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 correct 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? correct 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 correct 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 correct 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 correct answer: Suspect