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CALIFORNIA Psychology Continuing Education
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PROFESSIONAL ETHICS AND LAW IN CALIFORNIA, 2ND EDITION 1 [6 CE hours] This course is intended to provide details on professional ethics, professional values, and California law for behavioral and mental health professionals. It emphasizes the importance of professional values and ethics and identifies the role and impact of laws for these professions, so that practitioners can prevent unethical or unlawful behaviors in their practice and provide exceptional patient care. THIS COURSE FULFILLS THE REQUIREMENT FOR LAWS AND ETHICS 61 [5 CE hours] It is clear that acknowledgment of the historical context of racism and its current implications is a vital aspect of providing care to a diverse population. Mental health practitioners, medical providers, researchers, community leaders, advocates, activists, and laypersons should work to prevent and effectively treat the psychological and physical distress experienced as a result of the racism faced by African American clients. THIS COURSE FULFILLS THE REQUIREMENT FOR CULTURAL DIVERSITY/SOCIAL JUSTICE RACIAL TRAUMA: THE AFRICAN AMERICAN EXPERIENCE ANXIETY DISORDERS 79 [15 CE hours] Anxiety disorders are characterized by states of chronic, excessive dread or fear of everyday situations. The fear and avoidance can be life-impairing and disabling. Anxiety disorders result from the interaction of biopsychosocial factors, whereby genetic vulnerability interacts with situations, stress, or trauma to produce clinically significant syndromes. The influence from hereditary factors and adverse psychosocial experiences on anxiety disorder pathogenesis and pathophysiology is complex, but neuroscience advances have greatly improved the understanding of the underlying factors in the development and maintenance of anxiety disorders.
MANAGEMENT OF POST-TRAUMATIC AND SECONDARY TRAUMATIC STRESS IN HEALTHCARE PROFESSIONALS [1 CE hours] Job burnout, posttraumatic stress disorder (PTSD), and secondary traumatic stress (STS) are consequences of extreme job demands in the healthcare profession. Such demands may include frequent and intense contact with traumatized clients and chronic exposure to traumatic content at work. PTSD has long-term physical and psychological complications that can affect health and lifelong functioning.
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Anxiety Disorders
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PSYCHOLOGY CONTINUING EDUCATION
____________________________________________ Professional Ethics and Law in California, 2nd Edition
PYCA06PE— 6 CE HOURS
R elease D ate : 06/01/24
E xpiration D ate : 11/21/2027
Professional Ethics and Law in California, 2nd Edition
Audience This course is designed for mental and behavioral health professionals who practice in California. Course Objective This course is intended to provide details on professional ethics, professional values, and California law for behavioral and mental health professionals. It emphasizes the importance of professional values and ethics and identifies the role and impact of laws for these professions, so that practitioners can prevent unethical or unlawful behaviors in their practice and provide exceptional patient care. Learning Objectives Upon completion of this course, you should be able to: 1. Describe the California Board of Behavioral Sciences as it pertains to licensed education psychologists, licensed clinical social workers, licensed marriage and family therapists, and licensed professional clinical counselors. 2. Explain the importance of professional values and ethics in mental health practice. 3. Identify the role and the impact of law in mental health practice. 4. Recognize and distinguish between problematic and non- problematic boundary issues in mental health practice. 5. Describe ways mental health practitioners can prevent unethical or illegal behaviors in daily practice. 6. Identify elements and conditions of informed consent. 7. Restate the basic requirements of HIPAA and the Privacy Rule as it relates to practice. 8. Identify a protocol for ethical decision making.
Faculty Anne Horgan, LCSW completed her bachelor’s degree at the University of Nebraska (Lincoln) with a major in psychol- ogy and minors in sociology and education. She went on to obtain her master’s at the University of Chicago Social Service Administration program. Anne is currently a mental health therapist and clinical manager in the state of Oregon. She carries 15 years of experience in several areas including emergency department/crisis work, medical social work and hospital management, psychotherapy, Partial Hospital Program and Intensive Outpatient Program therapy, community mental health and works with populations including, but not limited to depressive disorders, anxiety and panic, posttraumatic stress disorder (PTSD), postpartum mental health, self-esteem/ identity conflicts, psychosis, mania, adjustment issues, parent- ing, substance use, relationship conflicts, and loss. Anne also provides clinical supervision to associates training for licensure. Faculty Disclosure Contributing faculty, Dr. Kimberly Byrd, EdD, LMSW Byrd is an accomplished professional in the field of social work and education. She holds a Doctorate of Education (EdD) and is also a Licensed Master of Social Work (LMSW). With her extensive educational background and practical experi- ence in social work and education, Dr. Byrd has acquired a deep understanding of the complex issues and challenges faced by individuals and communities. Dr. Byrd’s expertise lies in various areas, including trauma-informed care, mental health, counseling, and community development. She actively contributes to her community through research, publications, and presentations. Dr. Kimberly Byrd, EdD, LMSW Byrd, has disclosed no rel- evant financial relationship with any product manufacturer or service provider mentioned. Division Planners Alice Yick Flanagan, PhD, MSW Margaret Donohue, PhD Senior Director of Development and Academic Affairs Sarah Campbell
Mention of commercial products does not indicate endorsement.
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Professional Ethics and Law in California, 2nd Edition _ ____________________________________________
HOW TO RECEIVE CREDIT • Read the entire course online or in print. • Complete a mandatory test (a passing score of 75 percent is required). Test questions link content to learning objectives as a method to enhance individualized learning and material retention. Provide required personal information and payment information. • Complete the mandatory Course Evaluation. About the Sponsor The purpose of NetCE is to provide challenging curricula to assist healthcare professionals to raise their levels of expertise while fulfilling their continuing education requirements, thereby improving the quality of healthcare. Our contributing faculty members have taken care to ensure that the information and recommendations are accurate and compatible with the standards generally accepted at the time of publication. The publisher disclaims any liability, loss or damage incurred as a consequence, directly or indirectly, of the use and application of any of the contents. Participants are cautioned about the potential risk of using limited knowledge when integrating new techniques into practice. Disclosure Statement It is the policy of NetCE not to accept commercial support. Furthermore, commercial interests are prohibited from distrib- uting or providing access to this activity to learners.
Division Planners/Director Disclosure The division planners and director have disclosed no relevant financial relationship with any product manufacturer or service provider mentioned. Accreditations & Approvals In support of improving patient care, NetCE is jointly accredited by the Accreditation Council for Continuing Medical Education (ACCME), the Accreditation Council for Pharmacy Education (ACPE), and the American Nurses Credentialing Center (ANCC), to provide continuing education for the healthcare team.
Continuing Education (CE) credits for psychologists are provided through the co-sponsorship of the American Psycho-
logical Association (APA) Office of Continuing Education in Psychology (CEP). The APA CEP Office maintains responsibil- ity for the content of the programs.. Designations of Credit NetCE designates this continuing education activity for 6
Ethics CE credits. Special Approvals
This activity is designed to comply with the requirements of California Assembly Bill 1195, Cultural and Linguistic Competency, and California Assembly Bill 241, Implicit Bias.
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____________________________________________ Professional Ethics and Law in California, 2nd Edition
‒ Enforcement: The Board investigates consumer complaints and imposes disciplinary action against licensees and registrants who violate the law. ‒ Statutes and regulations: The Board develops statutes and regulations targeted at ensuring competency in the mental health profession and protecting consumers. The Board is composed of 11 members: six public members, two licensed clinical social workers, one licensed educational psychologist, and two marriage and family therapists. Nine members are governor appointed. The Speaker of the Assembly appoints one, and the Senate Committee on Rules appoints another (CA Board of Behavioral Sciences, 2023). The Board collaborates with various mental health agencies and organizations to promote greater consumer awareness and improved access to mental health services. Through its out- reach program, the Board disseminates valuable information to consumers, licensees, registrants, and students, covering topics such as consumer rights, California licensing prerequisites, and other pertinent activities of the Board. Although the law is more rigidly systematized than a profes- sional code of ethics and violations of the law carry more serious consequences than violations of professional values, it can be seen to overlap with codes of ethics and with profes- sional values. PROFESSIONAL ASSOCIATIONS AND SOCIETIES LCSW: National Association of Social Workers—California Chapter (NASW) National Association of Social Workers—National American Board of Examiners in Clinical Social Work Association of Social Work Boards (ASWB) California Society for Clinical Social Work (CSCSW) LMFT: California Association of Marriage and Family Thera- pists (CAMFT) American Association for Marital and Family Therapy (AAMFT) LPCC: California Association for Licensed Professional Clini- cal Counselors (CALPCC) American Counseling Association (ACA) LEP: California Association of School Psychologists (CASP) BOARD OF BEHAVIORAL SCIENCES STATUTES OF REGULATIONS DEFINITIONS (2023) (a) “Board,” as used in this chapter, means the Board of Behavioral Sciences.
INTRODUCTION In practicing a profession, three interrelated but distinct areas come into play: professional values, ethics, and the law. Although all three areas are related to one another, sometimes they can conflict with one another. Sometimes, also, values can conflict with other values, as can ethics. When ethics conflict, an ethical dilemma results. When professional values conflict with professional ethics, the organized and generally agreed-upon framework of an ethical code is vital. When ethics and the law collide, it may be necessary to consult the relevant professional organization. THE LAW AND MENTAL HEALTH Among the laws and regulations of the State of California are the Statutes and Regulations Relating to the Practices of Pro- fessional Clinical Counseling, Marriage and Family Therapy, Educational Psychology, and Clinical Social Work (California Board of Behavioral Sciences, 2023). Most of these laws fall under the Business and Professions codes, though some fall under the Penal and Family Codes. Article 1 (Regulation), Section 4980.399, for example, requires that each applicant and registrant pass a board-administered California law and ethics examination to qualify for licensure, and a registrant must pass the examination before registration renewal. The Board of Behavioral Sciences (BBS) is a California state regulatory agency, responsible for licensing, examination, and enforcement of professional standards for: 1. Licensed marriage and family therapists (LMFT) and associates (AMFT) 2. Licensed clinical social workers (LCSW) and associates (ASW) 3. Licensed professional clinical counselors (LPCC) and associates (APCC) 4. Licensed educational psychologists (LEP) The mission of the BBS is to protect Californians by promoting consumer awareness, advocating for improved mental health services, and setting, communicating, and enforcing standards. In addition to regulating LMFTs, LCSWs, LPCCs, and LEPs, the Board regulates the following: marriage and family thera- pist interns (IMFs), associate clinical social workers (ASWs), continuing education providers (PCEs), and MFT referral services (MRFs). The Board of Behavioral Sciences protects consumers in several ways: • Examination: The Board constructs written examinations for each of its licenses, ensuring any individual holding a license passes an examination testing for competency.
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(b) “Associate,” as used in the statutes, means an unlicensed person who has earned a master’s or doctoral degree qualifying the person for licensure and is registered with the board as an associate. (c) “Trainee,” as used in the statutes, means an unlicensed person who is currently enrolled in a master’s or doctoral degree program, as specified in Sections 4980.36 and 4980.37, that is designed to qualify the person for licen- sure under this chapter, and who has completed no less than 12 semester units or 18 quarter units of coursework in any qualifying degree program. (d) “Applicant for licensure,” as used in the statutes, means an unlicensed person who has completed the required education and required hours of supervised experience for licensure. (e) “Advertise,” as used in the statutes, includes, but is not limited to, any public communication, as defined in subdivision (a) of Section 651, the issuance of any card, sign, or device to any person, or the causing, permitting, or allowing of any sign or marking on, or in, any building or structure, or in any newspaper or magazine or in any directory, or any printed matter whatsoever, with or without any limiting qualification. Signs within religious buildings or notices in church bulletins mailed to a congregation are not advertising within the meaning of this chapter. (f) “Experience,” as used in the statutes, means experience in interpersonal relationships, psychotherapy, marriage and family therapy, direct clinical counseling, and nonclinical practice that satisfies the requirements for licensure as a marriage and family therapist. (g) “Supervisor,” as used in the statutes, means an individual who meets all of the following requirements: (1) Has held an active license for at least two years within the five-year period immediately preceding any super- vision as any of the following: (a) A licensed professional clinical counselor, licensed marriage and family therapist, psycholo- gist licensed pursuant to Chapter 6.6 (commenc- ing with Section 2900), licensed clinical social worker, licensed educational psychologist, or equivalent out-of-state license. A licensed edu- cational psychologist may only supervise the provision of educationally related mental health services that are consistent with the scope of practice of an educational psychologist, as speci- fied in Section 4989.14.
(b) A physician and surgeon who is certified in psy- chiatry by the American Board of Psychiatry and Neurology or an out-of-state licensed physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology. (2) For at least two years within the five-year period immediately preceding any supervision, has practiced psychotherapy, provided psychological counseling pursuant to paragraph (5) of subdivision (a) of Section 4989.14, or provided direct clinical supervision of psychotherapy performed by marriage and family therapist trainees, associate marriage and family therapists, associate profes- sional clinical counselors, or associate clinical social workers. Supervision of psychotherapy per- formed by a social work intern or a professional clinical counselor trainee shall be accepted if the supervision provided is substantially equivalent to the supervision required for registrants. (3) Has received training in supervision as specified in this chapter and by regulation. (4) Has not provided therapeutic services to the super- visee. (5) Has and maintains a current and active license that is not under suspension or probation as one of the following: (a) A marriage and family therapist, professional clinical counselor, clinical social worker, or licensed educational psychologist, issued by the board. (b) A psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900). (c) A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology. (6) Is not a spouse, domestic partner, or relative of the supervisee. (7) Does not currently have or previously had a personal, professional, or business relationship with the super- visee that undermines the authority or effectiveness of the supervision. (h) “Client centered advocacy,” as used in the statutes, includes, but is not limited to, researching, identifying, and accessing resources, or other activities, related to obtaining or providing services and supports for clients or groups of clients receiving psychotherapy or counseling services.
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(i) “Accredited,” as used in the statutes, means a school, col- lege, or university accredited by either the Commission on Accreditation for Marriage and Family Therapy Education or a regional or national institutional accrediting agency that is recognized by the United States Department of Education. (j) “Approved,” as used in the statutes, means a school, col- lege, or university that possessed unconditional approval by the Bureau for Private Postsecondary Education at the time of the applicant’s graduation from the school, college, or university. Self-Assessment Question 1. The Board of Behavioral Sciences is a California state regulatory agency responsible for licensing, examination, and enforcement of professional
To this end, the Board develops and administers licensure examinations; investigates consumer complaints and criminal convictions; responds to emerging changes and trends in the mental health profession legislatively or through regulations; and creates informative publications for consumers, applicants, and licensees. (California Board of Behavioral Sciences, 2023) Failure to abide by these regulations can have serious and negative legal and financial consequences. For example, mental health professionals need to understand that they may not be covered by their insurance policy if they were not practicing legally at the time of a questionable ethical occurrence, that is, were not licensed as required by law. There are also laws that impose legal obligations to abide by practices that further serve to protect the consumer, such as federal and state statutes requiring mandatory child abuse reporting, practices that ensure client confidentiality, and competence to perform certain services. Concerning the mandatory reporting of child abuse and neglect, California’s Penal Code, Section 11166, provides detailed requirements, as well as penalties for failure to report (California Board of Behavioral Sciences, 2023). In California, clinical social work is governed by the Business and Professions Code, Chapter 14, Section 4991, the Clinical Social Workers Practice Act (California Board of Behavioral Sciences, 2023). When conflicts occur between a professional code of ethics and the law, Beaton (2018) advises that the practitioner must: • Consider the best interest of the client • Consider the possibility of negotiating the situation to stay within the law to the greatest extent possible; otherwise, the social worker must consider whether he or she could defend his or her actions in court • Consult peers, the ethics board, risk management specialists, or an attorney • Be sure that his or her notes explain the decision- making process in detail DEFINING LAW According to Saltzman and Furman (2016), law can be defined as those standards, principles, processes and rules— usually written down in some manner—that are adopted, administered, and enforced by governmental authority and that regulate behavior by setting forth what people may and may not do and how they may and may not do it. Reamer (2005) describes five distinct types of legal require- ments and guidelines that may affect practice: 1. Constitutional Law: Examples include protection from unreasonable searches and rights of privacy and free speech.
standards for (Select all that apply): A) Licensed educational psychologists B) Licensed clinical social workers C) Licensed marriage and family therapists D) Licensed professional counselors
Self-Assessment Question
2. An unlicensed person who has earned a master’s or doctoral degree qualifying the person for licensure and is registered with the board as a/an: A) Trainee
B) Associate C) Supervisor D) None of the above
IMPACT OF LAW ON PRACTICE Currently the United States, including all 50 states, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands, and other countries regulate some form of mental health practice. Many typically regulate practice through statutes, that is, practice acts, that stipulate who may practice and/or call themselves mental health practitioners (Saltzman & Fur- man, 2016). State oversight boards, such as California’s Board of Behavioral Sciences, give authority to practice to qualified individuals, typically defined by three competencies:
• Education • Experience • Passing score on an examination
Like 37 other California regulatory agencies, the Board of Behavioral Sciences works under the aegis of California’s Department of Consumer Affairs. The mission of the board is to protect and serve Californians by setting, communicating, and enforcing standards for safe and competent mental health practice. The Board’s vision is to ensure that Californians are able to access the highest-quality mental health services.
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2. Statutory Law: This includes laws enacted by federal, state, and local legislative bodies and covers such issues as confidentiality of records and obligations around suspected child or elder abuse. 3. Regulatory Law: These are legally enforced guidelines disseminated by government agencies such as the Department of Health and Human Services and Department of Justice. 4. Court-Made Law and Common Law: These result from court rulings, for example a recent court ruling in one state that prohibits child welfare workers from using office space for temporary sleeping accommoda- tions for children removed from their homes. 5. Executive Orders: Chief governmental executives, such as mayors or governors, may issue orders that resemble regulations—examples being the State of Florida’s governor Jeb Bush prohibiting a husband from terminating life support measures in the Terri Schiavo case, or, more recently, several executive orders issued by state governors concerning the coronavirus pandemic. It is important to remember some of the basic differences between ethics and the law. Laws can change over time, will vary from state to state, and can be significantly influenced by politics and economic interests. Ethical standards, however, transcend all of these considerations. Legal duties are also often ethical duties, but ethical duties may not always be legal obliga- tions. Although individuals may have an ethical obligation to obey the law, the law is often the lower standard even though ethics and the law may draw on the same sources of authority. Ethics generally provides the foundation for laws, as can be seen in the example of informed consent. A patient’s right to personal autonomy is the basis for the healthcare provider’s legal obligation to obtain informed consent from patients before commencing treatment. Another example is the legal mandate to report suspected cases of child abuse and neglect. This law is anchored in the principle of beneficence. Offenses against the law are either civil or criminal (Zar- kowski & Roucka, 2015). An offense against a person or group for which some satisfaction is sought, usually in monetary form, is classified as civil. A criminal offense is a wrongful act against society, and criminal law is charged to protect the public as a whole against the harmful acts of others. Most healthcare issues that become legal issues are dealt with as civil offenses. Civil law can be further broken down into two primary categories: contract law and tort law . A contract is an agreement between two or more consenting parties to perform or not perform a legal act for which there is sufficient consideration. (“Consideration” is a vital element in contract law; it is the benefit or value bargained for between the parties.) A “breach of contract” occurs if either party fails to comply with the terms of the agreement. Contracts can be expressed orally or in writing or implied by signs, inaction, or silence.
Examples of professional contractual responsibilities include: • Being properly licensed and registered • Exercising reasonable skill and judgment in providing care • Referring when appropriate • Respecting clients’ confidentiality • Practicing within the sKtandard of care A tort is defined as an interference with another’s right to enjoy his or her person, privacy, or property (Zarkowski & Roucka, 2015). Torts can be intentional or unintentional . Intentional torts involve an element of intent to cause harm and include such offenses as: • Assault (threat of bodily harm) • Battery (unauthorized touching) • False imprisonment (unlawful restraint) • Mental distress (purposeful cause of anguish) • Defamation (damage to a person’s reputation) • Interference with property (damage to a person’s property) • Misrepresentation (incorrect or false representation) • Intentional tort offenses may include: • Failure to get informed consent (battery) • Promising a cure or other outcome that is not practically attainable (misrepresentation) • A client making a derogatory statement about a provider (defamation) Unintentional torts include negligence (failure to act appro- priately) and malpractice (acting inappropriately). Although an unintentional tort involves no intention to do harm, the following has taken place: • A recognized legal duty or responsibility owed to the client was breached • The client was harmed, damaged, or injured • The breach of duty was the primary or proximate cause of the harm Both negligence and malpractice involve practicing below the standard of care. UNPROFESSIONAL CONDUCT The California Board of Behavioral Sciences has stated statutes for all licenses and what consists of unprofessional conduct. Under Section 1881, Unprofessional Conduct, of the California Business and Professions Code, unprofessional conduct in a licensed clinical social worker is characterized as:
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(a) Misrepresenting one’s license or permitting the misrepresenting of one’s professional qualifications or affiliations (b) Impersonating a licensee or allowing another person to use one’s license (c) Aiding or abetting an unlicensed person who is engaged in conduct requiring a license (d) Intentionally or recklessly causing harm (physical or emotional) to a client (e) Engaging in a dishonest, corrupt, or fraudulent act related to one’s qualifications, functions, or duties as a licensee (f) Having sexual relations with a client, or soliciting sexual relations with a client, or committing an act of sexual abuse or sexual misconduct, or committing an act punishable as a sexual related crime if such an act or solicitation is substantially related to professional qualifications, functions, or duties. (g) Attempting to perform services outside of one’s field of competence, based on education, training, or expe- rience, or claiming to be able to perform such services (h) Permitting a subordinate to perform outside of his or her field of competence or to claim to perform outside of his or her field of competence (i) Failing to maintain confidentiality, except when permitted or required by law (j) Failing to disclose to the client the fee for profes- sional services or the basis on which the fee will be computed (k) Advertising in a false or misleading manner (l) Reproducing or describing a psychological test or other assessment device to anyone but those with a professional interest who will safeguard their use, so as to keep from invalidating the instruments (m) Committing an act or omission that qualifies as gross negligence (n) Paying for client referrals or accepting any kind of payment for referrals; charging a fee for collaboration with a colleague without prior disclosure to the client (o) Failing to report suspected child abuse (p) Failing to report elder or dependent adult abuse (q) Failing to provide copies of records to the board within 15 days upon request, or within the time limit given by the board, whichever is later, except when there is good cause for being unable to do so
(r) Failing to cooperate or participate in a board investi- gation, provided that such cooperation or participa- tion does not violate the individual’s Constitutional rights (s) Failing to report to the board within 30 days convic- tion of certain felonies or misdemeanors (including a verdict of guilty, a plea of guilty, or a plea of no contest; failing to report any disciplinary action taken by another licensing entity or authority in California or any other state or by the federal government or the U.S. military (t) Failing to provide documentation of an arrest within 30 days of a request, except in certain circumstances (u) Failing or refusing to comply with a court order, issued to enforce a subpoena, mandating the release of records to the board (California Board of Behavioral Sciences, 2023) Regarding (n) in the foregoing list, one aspect of Califor- nia law that is not found in every state is that the admonition concerning payment for referrals holds even for colleagues working for the same organization. This part of the law is aimed at something called “fee splitting.” According to Caldwell (2018), “in a fee split arrangement, the employer and employee agree to divide any client fees brought in by the employee in a proportional manner.” Caldwell notes that “this protection appears to be in state law to ensure that referrals from one health professional to another are based solely on the best interests of the client, and not on what is financially best for the referrer.” Here is one scenario that illustrates how law can interface with mental health practice. • A licensed mental health practitioner believes a foster teen’s allegations of abuse toward her foster father merely represents counter coercive behavior related to her adjustment within a more stable, rule-enforced environment and chooses not to report it. He rationalized that this family had successfully helped many children before without incident. As pointed out earlier, criminal law and professional and ethical guidelines are not one and the same—they may complement each other or be in opposition of one another, depending on the issue and on the state. For example, a minor legal offense may result in a small fine but could then lead to loss of a professional license. Licensed mental health practitioners have not just an ethical responsibility but also a legal responsibility to learn and follow any and all regulations in the jurisdiction within which they practice.
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Professional Ethics and Law in California, 2nd Edition _ ____________________________________________
In the case described above, federal and state laws about mandatory reporting leave little choice for a professional but to report the allegations of abuse. Sometimes we can be too sure of our abilities or too fearful (in this case, potentially losing a foster parent), and in doing so ignore the very real consequences of violating the law. Or, in less obvious circum- stances, we may just not know. With the advent of technology-based practice, such as e-therapy, the mental health practitioner’s scope of responsi- bility is even larger; some jurisdictions identify the location of practice, and thus the applicable laws and rules, as that of the client’s. We will explore more about technology-based and other practice implications later in this course. Comparatively, LMFT codes of unprofessional conduct are characterized by the following according to the BBS stat- utes, 2023. The board may deny a license or registration or may suspend or revoke the license or registration of a licensee or registrant if the licensee or registrant has been guilty of unpro- fessional conduct. Unprofessional conduct includes, but is not limited to, the following: (a) The conviction of a crime substantially related to the qualifications, functions, or duties of a licensee or registrant under this chapter. The record of convic- tion shall be conclusive evidence only of the fact that the conviction occurred. The board may inquire into the circumstances surrounding the commission of the crime in order to fix the degree of discipline or to determine if the conviction is substantially related to the qualifications, functions, or duties of a licensee or registrant under this chapter. A conviction has the same meaning as defined in Section 7.5. The board may order any license or registration suspended or revoked or may decline to issue a license or registra- tion when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or, 54 when an order granting probation is made suspending the imposition of sentence. All actions pursuant to this subdivision shall be taken pursuant to Division 1.5 (commencing with Section 475). (b) Securing a license or registration by fraud, deceit, or misrepresentation on any application for licensure or registration submitted to the board, whether engaged in by an applicant for a license or registration, or by a licensee in support of any application for licensure or registration.
(c) Administering to themself any controlled substance or using of any of the dangerous drugs specified in Section 4022, or of any alcoholic beverage to the extent, or in a manner, as to be dangerous or injurious to the person applying for a registration or license or holding a registration or license under this chapter, or to any other person, or to the public, or, to the extent that the use impairs the ability of the person applying for or holding a registration or license to conduct with safety to the public the practice authorized by the registration or license. The board shall deny an application for a registration or license or revoke the license or registration of any person, other than one who is licensed as a physician and surgeon, who uses or offers to use drugs in the course of performing marriage and family therapy services. (d) Gross negligence or incompetence in the performance of marriage and family therapy. (e) Violating, attempting to violate, or conspiring to violate any of the provisions of this chapter or any regulation adopted by the board. (f) Misrepresentation as to the type or status of a license or registration held by the licensee or registrant or otherwise misrepresenting or permitting misrepre- sentation of the licensee’s or registrant’s education, professional qualifications, or professional affiliations to any person or entity. (g) Impersonation of another by any licensee, registrant, or applicant for a license or registration, or, in the case of a licensee or registrant, allowing any other person to use the licensee’s or registrant’s license or registration. (h) Aiding or abetting, or employing, directly or indi- rectly, any unlicensed or unregistered person to engage in conduct for which a license or registration is required under this chapter. (i) Intentionally or recklessly causing physical or emo- tional harm to any client. (j) The commission of any dishonest, corrupt, or fraudu- lent act substantially related to the qualifications, functions, or duties of a licensee or registrant. (k) Engaging in sexual relations with a client, or a former client within two years following termination of therapy, soliciting sexual relations with a client, or committing an act of sexual abuse, or sexual miscon- duct with a client, or committing an act punishable as a sexually related crime, if that act or solicitation is substantially related to the qualifications, functions, or duties of a marriage and family therapist.
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____________________________________________ Professional Ethics and Law in California, 2nd Edition
(l) Performing, or holding oneself out as being able to perform, or offering to perform, or permitting any trainee, registered associate, or applicant for licen- sure under supervision to perform, any professional services beyond the scope of the license authorized by this chapter. (m) Failure to maintain confidentiality, except as other- wise required or permitted by law, of all information that has been received from a client in confidence during the course of treatment and all information about the client that is obtained from tests or other means. (n) Prior to the commencement of treatment, failing to disclose to the client or prospective client the fee to be charged for the professional services, or the basis upon which that fee will be computed. (o) Paying, accepting, or soliciting any consideration, compensation, or remuneration, whether monetary or otherwise, for the referral of professional clients. All consideration, compensation, or remuneration shall be in relation to professional counseling services actually provided by the licensee. This subdivision does not prevent collaboration among two or more licensees in a case or cases. However, a fee shall not be charged for that collaboration, except when dis- closure of the fee has been made in compliance with subdivision (n). (p) Advertising in a manner that is false, fraudulent, misleading, or deceptive, as defined in Section 651. (q) Reproduction or description in public, or in any publication subject to general public distribution, of any psychological test or other assessment device, the value of which depends in whole or in part on the naivete of the subject, in ways that might invalidate the test or device. (r) Any conduct in the supervision of any registered associate, trainee, or applicant for licensure by any licensee that violates this chapter or any rules or regulations adopted by the board. (s) Performing or holding oneself out as being able to perform mental health services beyond the scope of one’s competence, as established by one’s educa- tion, training, or experience. This subdivision shall not be construed to expand the scope of the license authorized by this chapter. (t) Permitting a trainee, registered associate, or applicant for licensure under one’s supervision or control to perform, or permitting the trainee, registered associ- ate, or applicant for licensure to hold themself out as competent to perform, mental health services beyond the trainee’s, registered associate’s, or applicant for licensure’s level of education, training, or experience.
(u) The violation of any statute or regulation governing the gaining and supervision of experience required by this chapter. (v) Failure to keep records consistent with sound clinical judgment, the standards of the profession, and the nature of the services being rendered. (w) Failure to comply with the child abuse reporting requirements of Section 11166 of the Penal Code. (x) Failure to comply with the elder and dependent adult abuse reporting requirements of Section 15630 of the Welfare and Institutions Code. (y) Willful violation of Chapter 1 (commencing with Section 123100) of Part 1 of Division 106 of the Health and Safety Code. (z) Failure to comply with Section 2290.5. (aa) (1) Engaging in an act described in Section 261, 286, 287, or 289 of, or former Section 288a of, the Penal Code with a minor or an act described in Section 288 or 288.5 of the Penal Code regardless of whether the act occurred prior to or after the time the registration or license was issued by the board. An act described in this subdivision occurring prior to the effective date of this subdivi- sion shall constitute unprofessional conduct and shall subject the licensee to refusal, suspension, or revocation of a license under this section. (2) The Legislature hereby finds and declares that protection of the public, and in particular minors, from sexual misconduct by a licensee is a compel- ling governmental interest, and that the ability to suspend or revoke a license for sexual conduct with a minor occurring prior to the effective date of this section is equally important to protecting the public as is the ability to 56 refuse a license for sexual conduct with a minor occurring prior to the effective date of this section. (ab) Engaging in any conduct that subverts or attempts to subvert any licensing examination or the administra- tion of an examination as described in Section 123.
Self-Assessment Question
3. This includes laws enacted by federal, state, and local legislative bodies and covers such issues as confidentiality of records and obligations around suspected child or elder abuse.
A) Statutory law B) Regulatory law C) Constitutional law D) Common law
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Professional Ethics and Law in California, 2nd Edition _ ____________________________________________
CALIFORNIA LAW AND ETHICS EXAMINATION REQUIREMENTS In accordance with California regulations, individuals seeking licensure in certain fields are required to meet specific criteria related to law and ethics. First and foremost, applicants and registrants must successfully pass a California law and eth- ics examination administered by the board as a prerequisite for obtaining their license (unless an exemption under Section 4980.398 applies). Registrants are also mandated to partici- pate in this examination before each registration renewal. In the event of an unsuccessful attempt, applicants have the opportunity to retake the examination upon payment of the prescribed fees, eliminating the need for a new application. Additionally, the board strictly stipulates that a subsequent registration number will only be issued if the applicant has successfully cleared the California law and ethics examination. Furthermore, registrants must fulfill an ongoing educational requirement of a minimum of three hours in California law and ethics during each renewal period, irrespective of whether they have already passed the examination. This coursework should be obtained from a provider of continuing education accepted by the board. These measures underscore the signifi- cance of maintaining a strong foundation in California law and ethics within the licensed professions (California Board of Behavioral Sciences, 2023). CONTINUING EDUCATION The California Board of Behavioral Sciences implemented changes in 2021 and 2023 regarding continuing education and specifically required courses. These apply to licensees and associates of LCSW, LEP, LMFT, and LPCC and associates. Suicide Risk Assessment Effective January 1, 2021, the Board began requiring both applicants for licensure and licensees to have completed a minimum of 6 hours of coursework or applied experience under supervision in suicide risk assessment and intervention. Under this new law, effective January 1, 2021, the Board began requiring both applicants for licensure and licensees to have completed a minimum of 6 hours of coursework or applied experience under supervision in suicide risk assessment and intervention (California Board of Behavioral Sciences, 2023). Meeting this requirement can be accomplished in three ways (California Board of Behavioral Sciences, 2023): 1. You may have fulfilled the coursework as part of your graduate degree program that made you eligible for licensure. To utilize this option, you’ll need to secure written certification from your school’s registrar or training director, confirming that the coursework was a mandatory component of your graduation curriculum.
2. Alternatively, the requirement could have been satis- fied through your applied experience. If this is the case, the experience must have been acquired during your practicum, supervised experience mandated for licensure, formal doctoral placement, or other quali- fying supervised experience. To go this route, obtain written certification from your program’s director of training or your primary supervisor, clearly stating that the necessary training was incorporated into your applied experience. Another option is to fulfill the requirement by completing a continuing education course offered by an approved provider recognized by the Board. You’ll need to obtain a certification of completion from the course provider. You can find infor- mation about acceptable continuing education providers on the Board’s website, accessible through this link: https://bbs. ca.gov/licensees/cont_ed.html Telehealth Effective July 1, 2023, the California Board of Behavioral Services began requiring both applicants for licensure and licensees to have completed a minimum of 3 hours of train- ing or coursework in the provision of mental health services via telehealth, which must include law and ethics related to telehealth. The California BBS statutes state the following for required training or course work: Provision of Mental Health Services via Telehealth: (a) On or after July 1, 2023, an applicant for licensure as an LED, LCSW, LMFT and LPCC shall show, as part of the application, that they have completed a minimum of three hours of training or coursework in the provision of mental health services via telehealth, which shall include law and ethics related to telehealth. This requirement shall be met in one of the following ways: (1) Obtained as part of their qualifying graduate degree program. To satisfy this requirement, the applicant shall submit to the board a written certification from the registrar or training director of the educational institution or program from which the applicant graduated stating that the coursework required by this section is included within the institution’s curriculum required for graduation at the time the applicant graduated, or within the coursework that was completed by the applicant. (2) Obtained by completing a continuing education course that meets the requirements of Section 4989.34. To satisfy this requirement, the applicant shall submit to the board a certification of comple- tion.
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