Legal & Professional Responsibilities Flashcards

A social worker receives a subpoena signed only by an attorney requesting a client's records. What is the most appropriate first step?

Answer: Contact the client to discuss the request and seek consent or legal guidance before releasing anything

An attorney-issued subpoena does not override confidentiality, so the social worker should consult the client and/or legal counsel and release records only with consent or a court order.

Under HIPAA, which type of documentation receives extra protection and generally requires specific client authorization to disclose?

Answer: Psychotherapy notes kept separate from the medical record

HIPAA gives psychotherapy notes kept separately from the main record special protection, and most disclosures of them require specific authorization.

The legal concept holding a supervisor or agency liable for the negligent acts of a supervisee is called:

Answer: Respondeat superior (vicarious liability)

Respondeat superior makes supervisors and employers liable for the actions of those working under their direction.

Which federal regulation specifically protects the confidentiality of records from federally assisted substance use disorder treatment programs?

Answer: 42 CFR Part 2

42 CFR Part 2 sets stricter confidentiality rules than HIPAA for records from federally assisted substance use disorder programs.

For a malpractice claim against a social worker to succeed, which four elements must generally be proven?

Answer: Duty, breach of duty, causation, and damages

Professional negligence requires a duty owed, a breach of the standard of care, harm caused by that breach, and actual damages.

A social worker learns a colleague is coming to sessions intoxicated. According to the NASW Code of Ethics, what should the social worker do first, when feasible?

Answer: Consult with the colleague and help them take remedial action

The NASW Code directs social workers to first consult with an impaired colleague when feasible, and escalate through appropriate channels if the colleague does not act.

Which statement about mandated reporting of suspected child abuse is accurate?

Answer: Reasonable suspicion is enough, and good-faith reporters are generally immune from liability

Mandated reporters must report reasonable suspicion of abuse, and state laws generally grant immunity to those who report in good faith.