Basics of California Law for LMFTs, LPCCs, and LCSWs
When you enter in the role of an LMFT what do you voluntarily give up? - correct answer LMFTs
give up some of their legal rights and agreeing to be held to a higher standard of behavior than
the ordinary person.
What are the considerations of unprofessional conduct? (14) - correct answer 1)Sexual
Misconduct
2)Impairment
3) Committing a crime or bad act
4) Fraud or misrepresentation
5)Assisting someone practicing without a license
6) Testing-related violations
7) Discipline by another state or board
8) Failure to maintain confidentiality
9) Supervision-related violations
10) Fees and advertising
11) Record-keeping
12) Practicing beyond license or competence
13) Telemedicine violations
14) General misconduct, negligence, recklessness, or willful harm
What is the disciplinary process? - correct answer Complaint, investigation, hearing, and
resolution
What are the Uniform Standards Related to Substance Abuse? - correct answer
How can you protect yourself while working as an MFT? - correct answer 1) Maintain familiarity
with professional standards
2) Maintain professional liability insurance
3) Address potential complaints
4) Keep excellent records
5) Follow the law, even outside of work
,What are the exceptions to confidentiality? - correct answer 1) Danger to self
2) Danger to others
3) Danger to property
4) Child, elder, or depending adult abuse
5) Releases of information
6) Court Order
7) Investigation by board
8) Subpoena
9) Lawful request from an arbitrator or arbitration panel
10) Search warrant
11) Coroner's investigation
12) Request for records from a client or clients representative
What are contractual exceptions to confidentiality? - correct answer 1) Agency staff and
supervisor
2) A professional will
3) Danger to the clinician or others at the workplace
Who are the holders of privilege? - correct answer Clients are generally holders of their own
privilege (even minors).
How can an MFT assert privilege? - correct answer A mental health professional can refuse to
release information on the ground that any communications between a client and
psychotherapist are considered privileged communications.
What is waiving privilege? - correct answer A therapist discusses their therapy in a court
proceeding if they wish.
What are the exceptions to privilege? - correct answer 1) If a client, anyone making a claim on
the client's behalf, or a beneficiary of the client raises the client's mental or emotional state as
an issue in a court proceeding.
2) If the client sought the therapist's services for the purpose of planning or committing a
crime, or to avoid being arrested for a crime after the fact.
3) If the client is a danger to themselves, to others, or to property, and disclosure of that
information is necessary to prevent the threat.
, 4) If the client is under age 16 and is the victim of a crime, and the therapist believes that
disclosing that information is in the child's best interest.
If someone is a danger to themselves, what are steps an MFT can make? - correct answer 1)
Suicide Assessment
2) Safety Planning
3) Increased Frequency of Contact
4) Care of A Loved One
5) Voluntary Hospitalization
6) Involuntary Hospitalization
How does an MFT intervene when a client is a danger to others? - correct answer 1) Assess the
potential danger
2) Resonably identifiable victims (duty to protect not warn)
3) Involuntary hospitalization
4) Auhtorize law enforcement to enforce removal of any guns from client
How can an MFT maintain confidentiality with couples, family, or group? - correct answer Each
member of the couple or family should agree to a no-secrets or limited-secrets policy in writing.
A therapist should regularly review expectations.
How does an MFT maintain confidentiality on the internet? - correct answer A therapist cannot
respond to any comments posted on sites such as yelp, even to say that someone wasn't their
client.
What documentation is an MFT required to have? - correct answer 1) Informed Consent
2) Disclosure Requirements
3) Fees
4) Licensure Statues
5) Complaint Process
6) Technology Risks
7) Privacy Practices
8) Limits of Confidentiality
When you enter in the role of an LMFT what do you voluntarily give up? - correct answer LMFTs
give up some of their legal rights and agreeing to be held to a higher standard of behavior than
the ordinary person.
What are the considerations of unprofessional conduct? (14) - correct answer 1)Sexual
Misconduct
2)Impairment
3) Committing a crime or bad act
4) Fraud or misrepresentation
5)Assisting someone practicing without a license
6) Testing-related violations
7) Discipline by another state or board
8) Failure to maintain confidentiality
9) Supervision-related violations
10) Fees and advertising
11) Record-keeping
12) Practicing beyond license or competence
13) Telemedicine violations
14) General misconduct, negligence, recklessness, or willful harm
What is the disciplinary process? - correct answer Complaint, investigation, hearing, and
resolution
What are the Uniform Standards Related to Substance Abuse? - correct answer
How can you protect yourself while working as an MFT? - correct answer 1) Maintain familiarity
with professional standards
2) Maintain professional liability insurance
3) Address potential complaints
4) Keep excellent records
5) Follow the law, even outside of work
,What are the exceptions to confidentiality? - correct answer 1) Danger to self
2) Danger to others
3) Danger to property
4) Child, elder, or depending adult abuse
5) Releases of information
6) Court Order
7) Investigation by board
8) Subpoena
9) Lawful request from an arbitrator or arbitration panel
10) Search warrant
11) Coroner's investigation
12) Request for records from a client or clients representative
What are contractual exceptions to confidentiality? - correct answer 1) Agency staff and
supervisor
2) A professional will
3) Danger to the clinician or others at the workplace
Who are the holders of privilege? - correct answer Clients are generally holders of their own
privilege (even minors).
How can an MFT assert privilege? - correct answer A mental health professional can refuse to
release information on the ground that any communications between a client and
psychotherapist are considered privileged communications.
What is waiving privilege? - correct answer A therapist discusses their therapy in a court
proceeding if they wish.
What are the exceptions to privilege? - correct answer 1) If a client, anyone making a claim on
the client's behalf, or a beneficiary of the client raises the client's mental or emotional state as
an issue in a court proceeding.
2) If the client sought the therapist's services for the purpose of planning or committing a
crime, or to avoid being arrested for a crime after the fact.
3) If the client is a danger to themselves, to others, or to property, and disclosure of that
information is necessary to prevent the threat.
, 4) If the client is under age 16 and is the victim of a crime, and the therapist believes that
disclosing that information is in the child's best interest.
If someone is a danger to themselves, what are steps an MFT can make? - correct answer 1)
Suicide Assessment
2) Safety Planning
3) Increased Frequency of Contact
4) Care of A Loved One
5) Voluntary Hospitalization
6) Involuntary Hospitalization
How does an MFT intervene when a client is a danger to others? - correct answer 1) Assess the
potential danger
2) Resonably identifiable victims (duty to protect not warn)
3) Involuntary hospitalization
4) Auhtorize law enforcement to enforce removal of any guns from client
How can an MFT maintain confidentiality with couples, family, or group? - correct answer Each
member of the couple or family should agree to a no-secrets or limited-secrets policy in writing.
A therapist should regularly review expectations.
How does an MFT maintain confidentiality on the internet? - correct answer A therapist cannot
respond to any comments posted on sites such as yelp, even to say that someone wasn't their
client.
What documentation is an MFT required to have? - correct answer 1) Informed Consent
2) Disclosure Requirements
3) Fees
4) Licensure Statues
5) Complaint Process
6) Technology Risks
7) Privacy Practices
8) Limits of Confidentiality
