Informed Consent, Client Rights, and Treatment of Minors
This domain tests whether consent is legally valid and ethically meaningful, how client rights are protected, and when minors may consent or must have parental involvement.
Core rules
- Informed consent requires capacity, voluntariness, and disclosure of the nature of services, risks, benefits, alternatives, confidentiality limits, fees, and the right to withdraw. Document consent in the client’s own words when possible.
- Clients have rights to privacy, access to records, respectful treatment, referral, and freedom from exploitation. Explain complaint routes, including the Board, and do not condition continuing care on waiver of rights.
- Minors generally need consent from a parent or legal guardian, but Nevada has specific minor-consent exceptions. Do not assume a 16-year-old may consent to all mental health care; confirm the applicable statute and the service type.
- Obtain the minor’s assent in developmentally appropriate language. Clarify custody arrangements and who may consent and access records when parents are divorced or have joint legal custody.
Worked example
A 15-year-old requests therapy and asks that her mother not know. The psychologist confirms that parental consent is required for this service, obtains consent from the custodial parent, explains the limits of adolescent confidentiality to both, and documents the agreement. If an exception applies, the psychologist confirms it before proceeding.
Traps
Using a signed form as a substitute for a discussion; promising a minor absolute confidentiality; treating a noncustodial parent as automatically entitled to records; failing to document consent capacity and custody verification.