Law > QUESTIONS & ANSWERS > California Law and Ethics Social Work LCSW ASW Exam CA L&E (All)
Confidentiality falls into what three types of issues? Therapeutic, legal & ethical issues What is a leading cause of ethical complaints? Litigation for malpractice? Confidentiality 4th most... frequent basis of disciplinary action 00:36 01:12 According to the NASW Code of Ethics, social workers should protect confidentiality of all info except for when? Compelling professional reasons As necessary to prevent "serious, foreseeable, and imminent harm" to a client or other identifiable person. To what level of detail should confidentiality be broken when necessary? In these instances, professionals should disclose the least amount of confidential information necessary to achieve the desired purpose; only information that is directly relevant to the purpose for which the disclosure is made should be revealed. What type of consent is required in order for mental health professionals to disclose to third parties? Written Verbal - in emergency situations only What are the exceptions to confidentiality? Under California law, there are several exceptions to the confidentiality of psychotherapy. The primary exceptions to confidentiality concern harm to self or others: Where there is a reasonable suspicion that a client is likely to harm him or herself unless protective measures are taken. Where there is a reasonable suspicion of child abuse or elder adult physical abuse (see Mandated Reporting section); Where there is a reasonable suspicion of the potential for danger of violence to others (see Duty to Warn section); What is reasonable suspicion according to Lowenthal Child Abuse Reporting guidelines? 1. Reasonable suspicion does not require certainty that child abuse or neglect has occurred; 2. Reasonable suspicion does not require a specific medical indication of child abuse or neglect; any reasonable suspicion is sufficient; and 3. Reasonable suspicion may be based on any information considered credible by the reporter, including statements from other individuals. How should a therapist approach treatment confidentiality with families or couples? It is important for the provider to be specific with regard to confidentiality issues and to seek agreement among the parties involved concerning each individual's right to confidentiality and obligation to preserve the confidentiality of information shared by others. How should a therapist approach treatment confidentiality with groups? The mental health provider cannot guarantee that group members will keep information confidential and this information is important to share with all group members in advance of group psychotherapy. Can clients access their therapeutic medical record? Yes - clinicians are ethically mandated to support clients in record review. Per the NASW ethical code: "Social workers should provide clients with reasonable access to records concerning the clients. Social workers who are concerned that clients' access to their records could cause serious misunderstanding or harm to the client should provide assistance in interpreting the records and consultation with the client regarding the records. Social workers should limit clients' access to their records, or portions of their records, only in exceptional circumstances when there is compelling evidence that such access would cause serious harm to the client. Both clients' requests and the rationale for withholding some or all of the record should be documented in clients' files." What is privileged communication? Privileged communication refers to a private statement that must be kept in confidence by the recipient for the benefit of the communicator." How many privileges are there in CA? 13 recognized [Show More]
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