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Issue and Ethics Final
Final
85
Social Work
Undergraduate 1
12/18/2012

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Cards

Term
What does HIPAA stand for?
Definition
Health
Insurance
Portability
Accountability
Act
Term
When was HIPAA enacted?
Definition
1988 Congress
Term
Who provides HIPAA?
Definition
Each respective agency
Term
What is a HIPAA covered entity?
Definition
A healthcare provider that... transmits protected health information (PHI)...
electronically in connection with a...
HIPAA covered transaction
Term
Are there both State and Fed HIPAA laws?
Definition
Yes
Federal trumps State
Term
What is the bottom line regarding HIPAA?
Definition
To protect client information.
Term
What is confidentiality the foundation of?
Definition
Client Safety
Term
Can you disclose confidential information without the client's written consent?
Definition
No
Term
Which CAADE Code of Ethics apply to confidentiality?
Definition
Principle 7
Term
What is the hierarchical order of confidentiality?
Definition
HIPAA Law Federal Law State Law Ethical Guidelines
Term
What is Tarasoff regarding?
Definition
Tarasoff v. Regents of the University of California, 17 Cal. 3d 425, 551 P.2d 334, 131 Cal. Rptr. 14 (Cal. 1976), was a case in which the Supreme Court of California held that mental health professionals have a duty to protect individuals who are being threatened with bodily harm by a patient. * The original 1974 decision mandated warning the threatened individual * but a 1976 rehearing of the case by the California Supreme Court called for a "duty to protect" the intended victim. The professional may discharge the duty in several ways, including notifying police, warning the intended victim, and/or taking other reasonable steps to protect the threatened individual.
Term
When was the original Tarasoff decision made?
Definition
1974
Term
When was Tarasoff reheard by the Supreme Court?
Definition
1976
Term
How may the professional discharge the duty?
Definition
1. Notify Police
2. Warn intended victim
3. Take other reasonable steps to protect threatened individual
Term
How did the Supreme Court restate the original position?
Definition
When a therapist determines that there is a serious danger of violence to another person, that the therapist has an obligation
Term
What are the warning signs?
Definition
Imminent danger of harming himself or others
Term
DISCHARGE OF DUTY (California State) Must take one or more of the following steps:
Definition
1. Call intended victim
2. Noyify the police
3. Take steps that are reasonably necessary under the circumstances
* Careful to get legal council before going down the road
* Notify Supervisor
* Document conversation
Term
FOUR THINGS THAT NEED TO HAPPEN - DUTY TO PROTECT?
Definition
1. Client and/or client family member

2. has communicated to the clinician

3. a serious threat of violence

4. against a reasonably identifiable victim
Term
What do you do when you need to protect?
Definition
1. CYA (consult collegeues, supervisor, legal counsel)
2. Conduct an assessment for violence (or find someone who can if you are not trained in threat assessment)
3. Document, document, document
Term
What are the eight violence assessment considerations?
Definition
1. Past history of violence. But consider if using or not using 2. mpulsivity (0-60 be very careful) 3. Ability to resist violent impulses (flight or fight) 4. Reaction to violence/desensitization 5. Motivation to maintain self-control 6. Major risk factor for violence is alcohol and/or drugs 7. If authorization for release of information: talk with family member (how do they handle conflict) 8. When doing assessment, look for consistency between different opinions between psychiatrist, other clinicians, family members, etc. When discrepancies apparent, send for further assessment.
Term
Reasonable steps to take when assessed positive for violence
Definition
1. Self 5150'ed

2. Changing txt plan (outpatient to in patient, stricter txt)

3. Warning of those threatened (other potential victims if in household)

4. Notify police (ask police to do a welfare check)
Term
How does Tarasoff relate to HIV/AIDS?
Definition
Client is willfully engaging in high unsafe sex and wants to infect others.


HIV/AIDS ls not a threat of violence. Responsibility of partner to also use protection.
Term
One purpose of record keeping is?
Definition
Provides history of treatment for others.
Term
The Health Information Portability and Accountability Act (HIPAA) has to do with what?
Definition
Client's privacy
Term
The central right of clients concerning confidentiality is?
Definition
it guarantees that disclosures during therapy will be protected unless certain legal circumstances are present.
Term
A HIPAA Covered Entity requires the following...
Definition
1. Health care providers...
2. Transmit protected health information (PHI)...
3. Electronically...
4. In connection with a HIPAA covered transaction
Term
True or False?
HIPAA was passed by Congress to promote standardization and efficiency in the health care industry to give patients more rights and control over their health information.
Definition
True
Term
True or False?
Confidentiality is the foundation for safe therapy?
Definition
True
Term
What is an exception to the Federal Law of Confidentiality (42 CFR Part II) is?
Definition
Client's consent
Term
What is a consequence of violating or disregarding the Federal Law of confidentiality (42 CFR Part II)is?
Definition
The counselor's CATS certification may be in trouble.
Term
Under the Federal Law of Confidentiality (42 CFR Part II), patient-identifying information is information that reveals that a person is ...
Definition
1. Receiving substance abuse treatment
2. Has received substance abuse treatment
3. Has applied for substance abuse treatment.
Term
The Federal Law of Confidentiality (42 CFR Part II) protects what?
Definition
Patient identifying information.
Term
If there is a conflict between the Federal law and State law of Confidentiality, substance abuse counselors must do what?
Definition
Apply the strictest law of the two.
Term
A patient under the Federal Law of Confidentiality (42 CFR Part II), is anyone who is receiving treatment for drug or alcohol abuse from what?
Definition
A drug or alcohol program.
Term
Which is not an exception to the Federal Law of Confidentiality (42 CFR Part II)?
1. Consent
2. Internal program communication
3. Child abuse reporting
4. Informed consent
Definition
Informed consent
Term
California Discharge of Duty, the counselor must take one or more of what steps?
Definition
1. Call intended victim
2. Notify the police
3. Take steps that are reasonably necessary under the circumstances
Term
Four things that need to happen for duty to protect?
Definition
1. Client and/or family member...
2. has communicated to the clinician...
3. a serious threat of violence...
4. against a reasonably identifiable victim
Term
Violence Assessment includes what?
Definition
1. Past history of violence
2. Impulsive
3. Ability to resist violent impulses
4. Reaction to violence / desensitization
5. Motivation to maintain self-control
6. Risk factor for violence when using drugs or alcohol
7. If authorization for release of info: talk with family members
8. Look for consistency between opinions of psych, clinicians, family
Term
5150'ed Law is found in what three places?
Definition
1. Lanterman-Petris-Short Act
2. California Code of Regulations, Title 9
Term
What does 5150 law pertain to?
Definition
1. Voluntary/involuntary treatment
2. patient's rights
3. Confidentiality
4. Conservatorship
Term
What a 5150 is not?
Definition
An arrest.
Term
What is a 5150?
Definition
1.Involuntary detention in an acute psychiatric facility for 72 hours; loss of personal freedom
2. Little legal recourse.
Term
Involuntary Hospitalization in CA
Welfare and Institutions Code Section 5150 defines the standard as what?
Definition
Individual has a "mental disorder"
* Law does not give explicit definition of mental disorder
* Courts look to the current edition of DSM
Term
A person be placed on a 5150,when there is a probable cause to believe that the person is...
Definition
1. Danger to themselves
2. Danger to others
3. Gravely disturbed
4. Unable or unwilling to accept treatment voluntarily
Term
What is "danger to oneself"?
Definition
Either a deliberate intention to injure oneself or,
a disregard of personal safety to the point where injury is imminent
Term
Things to look for when danger to oneself.
Definition
1. Words or action showing intent to commit suicide or bodily harm
2. Words or actions indicating gross disregard for personal safety
3. Words or actions indicating a specific plan for suicide
4. Means available to carry out a suicide plan
Term
What is grave disability?
Definition
A condition in which an adult person, as a result of mental disorder in unable to provide his or her basic personal needs for food, clothing or shelter, or even with the assistance of willing and responsible others.
Term
Basic things to do...`
Definition
1. Check the respective county for specific 5150 procedures
2. Determine 5150 criteria
* if weapon involved need police presence
3. Consult with colleague/supervisor
Term
In San Francisco, do you need special training to do a 5150?
Definition
Yes
Term
What is Welfare and Institutions Code Section 5230?
Definition
If a person is a danger to himself, to others, or is gravely disabled because of chronic alcoholism or substance abuse, he may be detained for 72 hour treatment and evaluation
Term
Can alcohol or substance abuse (rather than mental illness) provide the basis for involuntary hospitalization?
Definition
Yes
Term
What is the difference between a 5150 and a 5230?
Definition
5150 - Mental Health detainment
5230 - Alcohol or drug detainment
Term
What does 5230 not provide for?
Definition
Involuntary holds after the original 72 hour hold
Term
What cases does privileged communication not apply to?
Definition
1. Child abuse
2. Elderly
3. Dependent adults
Term
When was the Federal Child Abuse Prevention and Treatment Act (CAPTA) passed?
Definition
1974
All 50 States have passed laws mandating the reporting of child abuse and neglect.
Laws vary from state to state
Term
What is a child defined as?
Definition
A person under the age of 18
Term
What is transitional age from?
Definition
18-25
Term
What are the four types of abuse?
Definition
1. Physical
2. Sexual
3. Psychological/emotional
4. Neglect
Term
What is the intent of CAPTA?
Definition
1. Protect child and any other child in home
2. Provide help and resources for parent or caregiver
3. Be a catalyst for change in the home environment and prevent the risk of further abuse
Term
Who can make a CAPTA report?
Definition
Any citizen can make a report.

mandated reporters are required by law to make a report
Term
What is a mandated reporter?
Definition
Term
What is the legal obligation of a mandated reporter?
Definition
1. Make an initial report to the agency immediately or as soon as practicably possible by telephone
2. Shall prepare and send, fax or electronically transmit a written follow-up report within 36 hours.
Term
What may the mandated reporter include?
Definition
Any non-priviledged documentary evidence the reporter possesses relating to the incident.
Term
What is an elder defined as?
Definition
Any person 65 years of age or older
Term
What is a dependent adult defined as?
Definition
A person between the age of 18-64 and who has physical or mental limitations that restrict his or her ability to carry out normal activities or protect his or her rights
Term
Reporting elder abuse.
Definition
KNOWS and REASONABLY SUSPECTS
Term
What is the timeframe for reporting elder or dependent adult abuse?
Definition
1. Make an initial report immediately or as soon as practilly possible by telephone
2. Make a follow-up report within two working days
Term
What are seven types of elder or dependent abuse?
Definition
1. Physical
2. Abandonment
3. Abduction
4. Isolation
5. Financial
6. Neglect
7. Failure of a caregiver to provide goods or services that are necessary to avoid physical pain or mental suffering
Term
Two things to remember about boundaries?
Definition
1. Honesty
2. Self-reflection
Term
What is a dual-relationship?
Definition
When a practitioner is in a professional role or has someone in common.
1. Socializing
2. Work relationship
3. Counseling friends or family
Term
What re the nine exceptions to Federal Law of Confidentiality?
Definition
Internal Communication - "need to know"
No Patient ID Info - no patient identifying information
Proper Consent -
QSOA - agreement between service organizations
Medical Emergency -
Research/Audit -
Court Order -
Crime on Program Premisis or Against Program Personnel -
Reporting Suspected Child Abuse and Neglect -
Term
What is the definition of a child?
Definition
Term
What are the conditions for Tarasoff?
Definition
Term
How long is a 5150 for?
Definition
Term
What is the definition of an elder?
Definition
Term
What is considered child abuse?
Definition
Term
What are multiple relationships?
Definition
Term
What is involuntary hospitalization?
Definition
Term
What is the standard for a 5150?
Definition
Term
What is the definition of confidentiality?
Definition
Term
What is the definition of privileged communication?
Definition
Term
What is HIPAA?
Definition
Term
Confidentiality and HIV
Definition
Term
What is the importance of clinical noted?
Definition
Term
What is the definition of a dependent adult?
Definition
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