CA MFT Law & Ethics Exam Study Guide with
Complete Solutions
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 Suspected abuse
Tarasoff
The Patriot Act of 2002
Permissive Exceptions to Confidentiality - Correct 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 - Correct Answer Immediately by phone
Within 36 hours by written report
Optional reporting of child abuse - Correct Answer Emotional abuse and fetal abuse
Out of state reporting of child abuse - Correct Answer 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 - Correct Answer 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" - Correct Answer • 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.
Complete Solutions
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 Suspected abuse
Tarasoff
The Patriot Act of 2002
Permissive Exceptions to Confidentiality - Correct 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 - Correct Answer Immediately by phone
Within 36 hours by written report
Optional reporting of child abuse - Correct Answer Emotional abuse and fetal abuse
Out of state reporting of child abuse - Correct Answer 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 - Correct Answer 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" - Correct Answer • 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.
