____________________________________________ Professional Ethics and Law in California, 2nd Edition
(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.
5
EliteLearning.com/Psychology
Powered by FlippingBook