Deck 8: Ethical and Legal Issues Facing Helpers

Question 1

Which of the following statements is true in dealing with an HIV positive client who refuses to disclose his or her condition to a partner?

A) There is a legal duty to warn the partner.
B) There is both a legal and an ethical duty to warn the partner.
C) There is not a duty to warn, but the ACA Code of Ethics gives permission to breach confidentiality in respect to contagious life-threatening diseases.
D) A recent court case has determined that professionals have a duty to warn and protect innocent people.

Answer 1

C

Question 2

Regarding informed consent, all of the following are true EXCEPT

A) what and how much to tell clients is determined in part by the clientele.
B) it is a good practice for helpers to employ an educational approach by encouraging clients' questions about the helping relationship.
C) educating clients about the helping process is something that ought to be completed at the intake session.
D) dealing with client questions is especially critical at the initial stage of helping.

Answer 2

C

Question 3

Lois, a first-year intern, is assigned the case of a male client who discloses that he is confused about his sexuality and is plagued with feelings of guilt because his wife of 10 years has no idea about his confusion. He reveals that he is tempted to be unfaithful to his wife in order to explore his sexuality. Overwhelmed and uncomfortable, Lois truly does not know how to proceed. It would be best if Lois would

A) remain non-judgmental and deny her discomfort.
B) share her negative reactions about homosexuality and attempt to persuade the client to reconsider his options.
C) meet with the client's wife to let her know what is going on.
D) let the client know that she is very new in this work, is uncertain about how to proceed, and would like to either work with him under close supervision, or refer him to another counselor.

Answer 3

D

Question 4

Which of the following is NOT a way to prevent malpractice suits?

A) Make use of informed-consent procedures.
B) Take vacation without providing coverage for emergencies.
C) Carefully document a client's treatment plan.
D) Do not barter services, except in cases where this is the cultural norm.

Question 5

Regarding ethics codes, which of the following statements is FALSE?

A) Ethics codes are partially designed to protect practitioners in cases of malpractice.
B) Compliance with or violation of ethics codes of conduct may be admissible as evidence in some legal proceedings.
C) In a lawsuit, a helper's conduct would probably be judged in comparison with that of other professionals with similar qualifications and duties.
D) If one follows the ethics codes, there is never a case of a conflict between ethical and legal duties.

Question 6

Under a managed care system, confidentiality

A) can be assured to clients.
B) is compromised.
C) is handled no differently than in the fee-for-service approach.
D) can be promised to adults, but not to minors.

Question 7

It may be necessary to make a referral when all of the following take place EXCEPT

A) it is evident that the helper does not have the skills or the responsibility to offer the client the needed services.
B) the client is failing to make progress.
C) personal factors are likely to interfere with a productive working relationship.
D) the client has a disability the helper is uncomfortable with.

Question 8

Regarding incest and child abuse, which of the following statements is true?

A) Practitioners have a legal, but not ethical, obligation to report child abuse.
B) Mandatory reporting laws are the same for all states.
C) Helpers are required to make a report only if they are certain that abuse has taken place or is occurring presently.
D) A report should be filed once a helper has grounds for suspecting abuse.

Question 9

In dealing with ethical dilemmas, it is important to realize all of the following EXCEPT

A) there are rarely clear-cut answers to these dilemmas.
B) most problems are complex and defy simple solutions.
C) knowledge of ethics codes is more than enough.
D) ethics codes are not dogma, but guidelines.

Question 10

Of the following, which is the first step in making an ethical decision?

A) Apply the ethics codes.
B) Consider possible and probable courses of action.
C) Identify the problem or dilemma.
D) Obtain consultation.

Question 11

Which of the following is NOT a major purpose of codes of ethics?

A) They educate helpers to the nature of sound ethical practice.
B) They spell out legal aspects of practice.
C) They provide a mechanism for professional accountability.
D) They serve as catalysts for improving practice.

Question 12

Under managed care programs, termination of therapy is generally the result of

A) company policy.
B) the client's decision.
C) the professional judgment of the therapist.
D) a collaborative process between the therapist and client.

Question 13

Which of the following is true concerning ethical issues?

A) Making ethical decisions involves issues of right and wrong.
B) Ethical codes are dogma and can assist you in making the best possible decisions for the benefit of the client.
C) Ethical standards are the same among agencies and institutions.
D) The process of making ethical decisions involves acquiring a tolerance for dealing with gray areas and for coping with ambiguity.

Question 14

Under managed care programs, utilization review refers to all of the following EXCEPT

A) the use of predefined criteria to evaluate treatment.
B) the appropriateness of therapeutic intervention.
C) therapy effectiveness.
D) abandoning clients.

Question 15

Of the following, perhaps the major goal of mental health managed care is

A) to offer clinicians increased opportunities to have a stable income.
B) to provide clients with the best possible psychological care.
C) to provide services that are as brief as possible to ameliorate presenting problems.
D) to assist clients in getting long-term treatment when that is needed.

Question 16

Which of the following statements is FALSE​ as it applies to managed care?

A) Managed care appears to be alive and well.
B) Managed care presents both ethical and legal issues for professional practice.
C) Practitioners employed by managed care units are exempt from malpractice suits if clients claim that they did not receive the standard of care they required.
D) Because managed care providers take an active role in treatment planning, client confidentiality is compromised.

Question 17

Clients have a right to know that

A) the helping relationship will be kept confidential, except in certain circumstances.
B) confidentiality can be guaranteed when counseling families or groups.
C) confidential information will not be shared with others, even with another helping professional.
D) confidentiality is an absolute, since trust will not be formed if there are any conditions to maintaining confidentiality.

Question 18

Because most helpers do not possess detailed legal knowledge, it is a good idea for helpers to obtain legal consultation about the procedures they use in their practice. Awareness of legal rights and responsibilities as they pertain to helping relationships:

A) does not protect clients, but protects helpers.
B) does not protect clients or helpers.
C) protects clients.
D) protects clients and shields practitioners from needless lawsuits arising from negligence or ignorance.

Question 19

When laws and ethics collide and conflict cannot be avoided, practitioners should do all of the following EXCEPT

A) obey the law in a manner that minimizes harm to their ethical values.
B) adhere to their ethical values in a manner that minimizes the violation of the law.
C) always offer a referral to another practitioner.
D) obtain legal consultation when needed.

Question 20

In light of recent court cases, there is a duty to report when all of the following are true EXCEPT

A) the client is not violent.
B) there is a chance that the client might harm him- or herself.
C) child abuse or neglect is imminent.
D) a vulnerable adult is at risk.

Question 21

In the context of school counseling, protection of confidentiality and privacy is generally different than when working with adults. Describe the difference when working with children.​

Question 22

All of the following helping specialties require post-graduate education EXCEPT

A) alcohol and drug abuse counseling.
B) rehabilitation counseling.
C) social work.
D) marriage and family therapy.

Question 23

Poor ethical decisions often result from all of the following EXCEPT

A) an inability to view a situation objectively.
B) an inability to view a situation subjectively.
C) prejudices, biases, personal needs, or emotional investment in a situation.
D) emotions experienced while assessing the situation.

Question 24

State laws spell out special circumstances under which confidentiality must be compromised. Explain these special circumstances and their importance to the helping professions.​

Question 25

Briefly describe confidentiality and privacy in a technological world. ​

Question 26

Define progress notes and process notes. Briefly explain the difference.​

Question 27

One of the best precautions against malpractice is:​

A) ​not consulting with colleagues.
B) ​not utilizing informed consent.
C) ​personal and professional honesty and openness with clients.
D) ​not following rules for confidentiality.

Question 28

Define risk management and explain its importance to the helping professions.​

Question 29

Informal peer monitoring

A) provides an opportunity for corrective interventions and may involve confronting a colleague.
B) ​is considered unethical.
C) is considered a boundary crossing by the professional codes since practitioners are expected to monitor their own, not others' behavior.
D) ​is illegal.

Question 30

With regard to making ethical decisions, which of the following statements is NOT true?

A) Reflection, collaboration, and consultation will set you on the path to a decision.
B) You should not feel pressured into making a decision until you feel certain of the outcome.
C) You may not find answers for the complex ethical dilemmas you will face in any single ethical decision-making model.
D) Most problems are complex and defy simple solutions.