Legal & Confidentiality Issues in Intervention Flashcards

An intervention client is deemed unable to make informed decisions due to severe intoxication. Which legal mechanism allows a family member to make immediate health care decisions on behalf of an incapacitated adult?

Answer: Healthcare proxy or durable power of attorney for health care

A healthcare proxy or durable power of attorney for health care is the legal document that designates someone to make medical decisions for an incapacitated person.

Criteria for involuntary psychiatric commitment (civil commitment) in most U.S. states typically require that the individual:

Answer: Is mentally ill AND presents an imminent danger to self or others, or is gravely disabled

Civil commitment statutes generally require proof of mental illness combined with imminent dangerousness to self or others, or grave disability preventing self-care.

A CIP professional discovers that a client's employer is requesting confirmation that the client is enrolled in treatment as a condition of keeping their job. Under 42 CFR Part 2, the appropriate response is to:

Answer: Release confirmation only if the client provides written consent that specifically authorizes disclosure to the employer

Under 42 CFR Part 2, any disclosure to an employer requires explicit written patient consent that names the employer as the recipient and describes the information to be shared.

The Americans with Disabilities Act (ADA) protects individuals in recovery from addiction. Which of the following individuals is generally NOT protected under the ADA's addiction provisions?

Answer: A person currently engaging in the illegal use of drugs

The ADA explicitly excludes individuals who are currently engaging in the illegal use of drugs from its protections, though those in recovery or erroneously regarded as using drugs are protected.

Court-ordered treatment (also called legally coerced treatment) for substance use disorders is considered ethically acceptable in CIP practice primarily because:

Answer: Research shows outcomes for court-ordered treatment can be comparable to voluntary treatment

Studies indicate that individuals in court-mandated substance use treatment can achieve outcomes similar to those in voluntary treatment, supporting the ethical use of legal leverage.

Which of the following describes the primary purpose of FERPA (Family Educational Rights and Privacy Act) in the context of a CIP intervention involving a college student?

Answer: It restricts disclosure of the student's educational records without the student's written consent

FERPA protects the privacy of student education records and, once a student reaches age 18 or attends a postsecondary institution, transfers record rights from parents to the student.

In most states, an emergency psychiatric hold (such as a 5150 in California or Baker Act in Florida) allows law enforcement or certain mental health professionals to detain someone for evaluation for a typical maximum of:

Answer: 72 hours

Most state emergency involuntary hold statutes allow an initial detention period of 72 hours for psychiatric evaluation before a formal commitment hearing is required.