Legal & Professional Responsibilities Flashcards

Which statement best describes privileged communication?

Answer: A legal right that belongs to the client, protecting communications from disclosure in court

Privilege is a legal concept owned by the client that protects confidential communications from compelled disclosure in legal proceedings.

Under the NASW Code of Ethics, sexual relationships with former clients are:

Answer: Not allowed if there is risk of exploitation or harm, and the social worker carries full responsibility for clear boundaries

The Code prohibits sexual relationships with former clients when there is risk of exploitation or harm, and places the burden of proof on the social worker.

A client asks to see their own record. Under HIPAA, the social worker should generally:

Answer: Provide access, though access may be limited if it is reasonably likely to endanger the client or others

HIPAA gives clients a right of access to their records, with limited exceptions such as a risk of serious harm, and psychotherapy notes are excluded.

The Tarasoff v. Regents of the University of California decision established which professional obligation?

Answer: Duty to protect identifiable third parties from serious threatened violence by a client

Tarasoff established that clinicians may have a duty to take reasonable steps to protect an identifiable person a client has seriously threatened.

A social worker accepts a client's offer to pay for services by doing home repairs. The main ethical concern is:

Answer: Bartering creates risks of exploitation and blurred boundaries, and is acceptable only in limited circumstances

The NASW Code says bartering should be avoided except in limited cases where it is accepted practice, negotiated without coercion, and started by the client.

Which practice best protects a social worker against a later claim of practicing outside their competence?

Answer: Providing services only within the areas covered by their education, training, licensure, and supervised experience

Social workers should practice only within the limits of their education, training, license, and supervised experience.

A 15-year-old asks a school social worker to keep their substance use secret from parents. What should guide the social worker's response?

Answer: State law, school policy, and safety risks decide the limits of confidentiality, which should be explained to the student

Minors' confidentiality varies by state law and setting, so the social worker should explain the limits up front and weigh safety concerns.