Legal Issues Flashcards
7 cards from real MFT practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Legal Issues flashcards as text
A therapist suspects that a 10-year-old client is being physically abused by a parent. The child denies any abuse. What is the therapist's legal obligation?
Answer: Report the suspicion to child protective services immediately
Mandated reporters must report reasonable suspicion of child abuse immediately — certainty or a child's disclosure is not required.
Which legal doctrine protects communications between an MFT and client from disclosure in court without the client's consent?
Answer: Privileged communication
Privileged communication is a legal right that protects therapy communications from compelled disclosure in legal proceedings.
A couple divorcing subpoenas their joint therapy records. Neither spouse agrees to waive privilege. How should the therapist respond?
Answer: Assert privilege and decline to release records without a court order
When joint clients disagree on waiving privilege, the therapist should assert privilege and not release records unless ordered by a court.
Under HIPAA, a patient has the right to request an amendment to their medical records. Under what circumstance may a covered entity deny this request?
Answer: The provider did not create the record
A covered entity may deny an amendment request if it did not create the information — the patient should direct the request to the originating provider.
An MFT is seeing a 16-year-old client for substance abuse treatment. The minor's parent demands to see the therapy notes. What law primarily governs the therapist's response in a federally assisted program?
Answer: 42 CFR Part 2
42 CFR Part 2 provides stricter confidentiality protections for substance use disorder records than HIPAA, even limiting parental access.
A therapist receives a valid subpoena for client records. What is the correct first step?
Answer: Notify the client and consult an attorney before releasing anything
Upon receiving a subpoena, the therapist should notify the client and seek legal counsel before releasing any records.
Which of the following situations requires an MFT to break confidentiality regardless of client consent?
Answer: A client reveals a plan to harm a specific third party
The Tarasoff duty to protect requires therapists to take action — including breaking confidentiality — when a client makes a credible threat against an identifiable third party.