CA MFT Law & Ethics flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Child abuse reporting standard

An MFT must report to a designated agency when the therapist has knowledge of or reasonably suspects child abuse or neglect. Proof is not required; reasonable suspicion triggers the mandate.

Elder abuse telephone report

A mandated reporter must report known or suspected elder or dependent adult abuse by telephone or internet immediately or as soon as practicably possible after observing or learning of the abuse.

Elder abuse written report

After the telephone report, the mandated reporter must submit a written report to the designated agency within two working days, using the required state form.

Tarasoff warning duty

When a client communicates a serious threat of physical violence against a reasonably identifiable victim, the therapist may warn the victim and law enforcement, and Civil Code 43.92 limits liability for doing so.

Confidentiality legal exceptions

Confidentiality may be breached for child abuse reporting, elder abuse reporting, Tarasoff warnings, court orders, and written client authorization. A subpoena alone is not authorization.

Informed consent elements

Before treatment, the therapist must disclose fees, confidentiality limits, qualifications, and the right to withdraw consent, and must obtain the client's agreement to treatment.

Minor consent age twelve

Under Family Code 6924, a minor 12 or older may consent to outpatient mental health treatment if mature enough to participate intelligently or if serious harm is likely without treatment.

Parental involvement requirement

When a minor consents to treatment, the professional must involve the parent or guardian unless doing so would be inappropriate, and must document the rationale for excluding them.

Sexual contact prohibition period

Sexual contact with a former client is prohibited for at least two years after termination and may be permanently prohibited; such contact is always an ethical violation.

Nonsexual dual relationship rule

A nonsexual dual relationship is permissible only when it is not exploitative and is documented as being in the client's best interest; otherwise it must be avoided.

Custody evaluator therapy bar

An MFT who conducts a child custody evaluation may not provide therapy to the child, parents, or family involved in that evaluation, to avoid conflicting roles.

Record retention seven years

Under Business and Professions Code 4980.49, client records must be kept at least seven years after termination; for minors, seven years after the minor reaches 18 or after termination, whichever is longer.

Mandated reporter immunity

A mandated reporter who reports in good faith is immune from civil or criminal liability for the report, even if the abuse is later unsubstantiated.

Failure to report penalty

A mandated reporter who fails to report known or suspected child abuse commits a misdemeanor punishable by jail and a fine, and may face license discipline.

BBS jurisdiction

The Board of Behavioral Sciences licenses and disciplines MFTs, and may investigate complaints, impose probation, suspend, or revoke a license for violations of law or ethics.

Unprofessional conduct definition

Business and Professions Code 4980.44 and related sections define unprofessional conduct to include negligence, incompetence, fraud, and violations of confidentiality or dual relationship rules.

Supervision requirements

Associates and trainees must receive specified hours of supervised experience, including individual and group supervision, with documented supervision agreements and supervisor qualifications.

Continuing education requirement

Licensed MFTs must complete 36 hours of continuing education every two years, including required hours in law and ethics and in other mandated topic areas.

Client access to records

Clients generally have a right to access their mental health records, but a therapist may withhold records when disclosure would be detrimental to the client's well-being, documenting the reason.

Minors' records confidentiality

When a minor lawfully consents to treatment, the minor may control release of records in some circumstances, and the therapist must know who holds the confidentiality privilege.

Privilege holder

The psychotherapist-patient privilege belongs to the client, who may waive it; for minors, the parent or guardian generally holds the privilege unless the minor lawfully consented.

Court-ordered evaluation limits

When therapy is court-ordered, the therapist must clarify in writing who the client is, what information will be shared with the court, and the limits of confidentiality before starting.

Forensic role disclosure

A therapist serving as an expert or evaluator must disclose the role, avoid dual roles, and inform participants that the evaluator does not provide treatment or act as their therapist.

Informed consent for telehealth

Before telehealth services, the therapist must disclose technology risks, emergency protocols, licensure jurisdiction limits, and obtain the client's consent to the modality.

Abandonment of clients

Terminating therapy without appropriate referral, notice, and transition can constitute client abandonment, an ethical and legal violation, unless the client's behavior makes termination necessary.

Financial arrangements disclosure

The therapist must disclose fees, billing practices, and collection policies at the outset, and must not exploit the therapeutic relationship for financial gain.

Gifts and bartering rules

Accepting gifts or bartering is permitted only when not exploitative, when the arrangement is documented, and when it does not harm the therapeutic relationship.

Impaired practitioner duty

A therapist who is impaired by substance use or mental health problems must refrain from practice and seek help; practicing while impaired is unprofessional conduct.

Reporting colleague misconduct

An MFT who has knowledge of another licensee's illegal or unethical conduct may be required to report it to the Board of Behavioral Sciences, depending on the nature of the conduct.

Advertising accuracy

Advertising must be accurate, not misleading, and must not use testimonials or claims of superiority that cannot be substantiated; license status must be stated correctly.

Client abandonment documentation

When a client terminates abruptly or the therapist must end treatment, the therapist must document referrals offered and steps taken to avoid abandonment.

Minor custody therapy conflict

A therapist treating a child in a custody dispute must avoid becoming an evaluator or advocate and must clarify the treatment role to both parents in writing.