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
An MFT is court-ordered to testify about a client's statements. The client has not waived privilege. What should the therapist do?
Answer: Assert privilege on the client's behalf and await a ruling
If the client has not waived privilege, the therapist should assert it and let the court decide whether to compel disclosure.
Which of the following is an example of a 'tarasoff duty' situation that does NOT trigger mandatory warning?
Answer: A client describes vague frustration and wishes everyone would 'just disappear'
Vague, non-specific expressions of frustration without an identifiable victim or credible plan do not meet the threshold for the duty to warn.
A client signs a release authorizing the therapist to speak with the client's attorney. The release does not specify an expiration date. Under HIPAA, how long is the release valid?
Answer: Until revoked by the client
Under HIPAA, an authorization without a specified expiration date or event remains valid until the client revokes it.
In most U.S. states, at what age can a minor consent to mental health treatment without parental permission?
Answer: 12
Many states allow minors aged 12 and older to consent to mental health treatment independently, though the exact age varies by state.
A therapist learns that a client is engaged in ongoing elder financial abuse. In a state with mandatory elder abuse reporting, what is required?
Answer: File a mandated report with adult protective services
In states with mandatory elder abuse reporting, therapists must report known or reasonably suspected financial abuse of elders to adult protective services.
Which federal law prohibits discrimination in employment on the basis of disability and may apply to a therapist's own practice as an employer?
Answer: The Americans with Disabilities Act (ADA)
The ADA prohibits disability-based employment discrimination and applies to employers with 15 or more employees, which may include therapy practices.
A client who was recently discharged from inpatient care calls in crisis. The therapist believes the client needs immediate hospitalization. What is the appropriate legal mechanism?
Answer: Initiate an involuntary psychiatric hold under state commitment law
When a client poses imminent danger to self or others, the therapist should initiate an involuntary psychiatric hold (e.g., 5150/Baker Act) under state civil commitment law.