4. Law and Ethics
Nevada Revised Statutes (NRS) 641A
Nevada Administrative Code (NAC) 641A
American Association of Marriage and Family
Therapists (AAMFT) Code of Ethics
Case Law
5. Definition
“Marriage and family therapist” means a person who
describes himself or herself or his or her services to
the public by any title or description which
incorporates the term “marriage and family therapist”
or “marriage and family counselor”
“Practice of marriage and family therapy” means the
diagnosis and treatment of mental and emotional
disorders, whether cognitive, affective or behavioral,
within the context of interpersonal relationships….
services to a person, couple, family or family group or
other group of persons.
Limitations: diagnosis/treatment of a psychotic
disorder, and assessments of intelligence,
personality, aptitude, interests or addictions.
6. Understanding Ethics
A therapist with experience working with
adolescents received a call from a family
wanting him to work with their seven-year-old
son. What should he tell the family?
7. Grounds for Denial, Suspension, or
Revocation
Conviction of felony
Habitual drunkenness or addiction
Impersonation
Using fraud or deception in obtaining license or
taking/passing exam
Rendering or offering to render services outside of
area of training, experience, or competence
Committing unethical practices
Unprofessional conduct as determined by the Board
Operation of a medical facility when the license is
suspended or revoked
Failure to pay child support
8. Discipline
Probation
Suspending license for not more than a year
Revoking license
Public reprimand
Limiting practice
Fine not more than $5000.00
Complete another examination
9. Requirements
Age 21 or more
Good moral character
Citizen of US or entitled to work in US
Education approved by Board
Two years postgraduate experience in MFT
3000 hours supervised experience of which
1500 is direct contact with clients
Undergraduate degree from accredited
institution approved by Board
10. Understanding Ethics
A therapist had just gone through treatment
for cancer and was returning to work after a
sabbatical. She believed she was fully
recovered from the chemotherapy, including
symptoms of extreme fatigue and mental
deficits, but isn’t quite sure. What would you
tell your colleague if she came to you for
feedback?
11. Professional Responsibility
Advertising
Impairment
Relationship Exploitation
Boundaries
Giving/receiving fees
Consultation
Disparaging colleagues
Scope of practice
12. Understanding Ethics
A client tells you that they were in therapy
four years ago and had a sexual relationship
with the therapist. What do you do?
13. Understanding Ethics, Redux
You share an office with three colleagues and
frequently notice the comings and goings of
their clients, as they do yours. One day you
are at Starbucks to meet a friend for coffee
and you notice one of your colleagues with a
current client. He leans over and kisses her.
What do you do?
14. Professional Responsibility, Cont.
Reporting
Practice base
Current knowledge
Record keeping
Records to the court
Supervision/supervisee
Board notification
15. Understanding Ethics
A therapist had been working with XYZ
insurance company and frequently
experienced problems with them giving
accurate benefits/coverage information. A
new client attends their first appointment and
the therapist found that they had XYZ
insurance as their primary carrier. What
should the therapist do?
16. Responsibility to Clients/Others
Professionalism and Competence
Safeguard the interests of incompetent client
Deal with legal representatives of clients
Non-discrimination
Cannot misrepresent efficacy/results of
services
Apprise of rights, risks, financial obligations
Consultation
Termination
17. Understanding Ethics
A therapist in private practice noticed that one
of his neighbors had begun to date one of his
clients. What should he do?
18. Responsibility to Clients/Others, Cont.
Withdrawing services
Termination/Interruption of services
Influence
Personal/sexual relationships
Dual relationships
19. Understanding Ethics
You have an intern and regularly observe or
watch video-tapes of sessions. In a recent
review you watch a video of your intern
performing a type of therapy that is not listed
on their training outline and is not one that
you have any experience with. What do you
do?
20. Unprofessional Conduct
Intern: Performs services outside the scope
of internship plan
Performing therapy with a lapsed license
Failing to cooperate with an investigation
Gross negligence
Malpractice
21. Code of Ethics
AAMFT Code of Ethics utilized “as a standard
for professional conduct in the State of
Nevada”
22. Understanding Ethics
A client attends his first session clearly under
the influence of alcohol. Normally the
therapist goes through the consents in the
first session. What should this clinician do?
23. AAMFT Code of Ethics:
Responsibility to Clients
Non-Discrimination
Informed Consent
Multiple Relationships
Sexual Intimacy with Current Clients and
Others
Reports of Unethical Conduct
No Furthering of Own Interests
Client Autonomy in Decision-Making
24. Understanding Ethics
You have a client you have been seeing for
some time who is moving to a rural area of
Nevada. They want to keep ‘seeing’ you as a
therapist and suggests you set up a way to
have sessions via Skype. What are your
obligations?
25. AAMFT Code of Ethics:
Responsibility to Clients, Cont.
Relationship Beneficial to Client
Referrals
Non-Abandonment
Written Consent to Record
Relationships with Third Parties
Electronic Therapy
26. Understanding Ethics
During a break in a court-ordered evaluation
for a client’s inclusion in a domestic battery
group, the therapist hears the man brag to
others he knows in the waiting room about
the crime and that he is selling drugs. Can
the therapist include this in the report to the
court?
27. Understanding Ethics
A therapist gives a speech to a group of
colleagues and includes a case example with
occupation, family constellation, city of
residence, while other patient demographics
were disguised. The therapist shares a dream
the client had and someone in the audience
was able to identify the patient because they
had described this dream to them, as well.
What should this therapist have done
instead?
28. AAMFT Code of Ethics:
Confidentiality
Disclosing Limits of Confidentiality
Written Authorization to Release Client
Information
Confidentiality in Non-Clinical Activities
Protection of Records
Preparation for Practice Changes
Confidentiality in Consultations
Protection of Electronic Information
29. Understanding Ethics
A therapist came home early one day to find
her husband in bed with her best friend. A
large portion of her practice was conducting
couples therapy. She comes to you as a
colleague devastated and wants to know
what she should do about her work. What
would you tell her?
30. AAMFT Code of Ethics:
Professional Competence and Integrity
Maintenance of Competency
Knowledge of Regulatory Standards
Seek Assistance
Conflict of Interest
Veracity of Scholarship
Maintenance of Records
Development of new Skills
31. Understanding Ethics
An adolescent client had been in therapy and
was preparing for termination after a very
successful therapy experience. During the
second to last session she brings you a handmade necklace. Since therapists are
discouraged from receiving gifts, what do you
say? What if she was from a wealthy family
and the necklace was clearly very expensive?
32. AAMFT Code of Ethics:
Professional Competence and Integrity, Cont.
Harassment
Exploitation
Gifts
Scope of Competence
Accurate Presentation of Findings
Public Statements
Separation of Custody Evaluation form
Therapy
Professional Misconduct
33. Understanding Ethics
A therapist/supervisor was having a casual
conversation with a colleague who revealed
one of her supervisees had made several
very harsh, racial comments at a recent
professional lunch. In supervision there had
never been any indication that the supervisee
held racially-biased opinions. When reporting
to the Board at the 6-month review, do you
report this information? What would you do?
34. AAMFT Code of Ethics:
Responsibility to Students and Supervisees
Exploitation
Therapy with Students or Supervisees
Sexual Intimacy with Students or Supervisees
Oversight of Supervisee Competence
Oversight of Supervisee Professionalism
Existing Relationship with Students or
Supervisees
Confidentiality with Supervisees
35. AAMFT Code of Ethics:
Responsibility to Research Participants
Protection of Research Participants
Informed Consent
Right to Decline or Withdraw Participation
Confidentiality of Research Data
36. Understanding Ethics
You work for ABC agency. A couple comes in
for couples counseling to deal with the
conflicts that have come up in their
relationship due to their daughter who is
bipolar. The couple does not have couples
therapy coverage with their insurance. The
clinic director says to bill it as individual
therapy for the child. What do you do?
37. AAMFT Code of Ethics:
Responsibility to the Profession
Conflicts Between Code and Organizational
Policies
Publication Authorship
Authorship of Student Work
Plagiarism
Accuracy in Publication and Advertising
Pro Bono
Advocacy
Public Participation
38. Understanding Ethics
A therapist worked a part-time job in a rural
community conducting school-based
counseling for children acting out at school.
The community suffered some economic
consequences that precluded them from
financially paying the therapist so they offered
him room, board, office space and travel
reimbursement. Should the therapist agree?
39. AAMFT Code of Ethics:
Financial Arrangements
Financial Integrity
Disclosure of Financial Policies
Notice of Payment Recovery Procedures
Truthful Representation of Services
Bartering
Withholding Records for Non-Payment
40. Understanding Ethics
When reviewing a publishing Website that
was advertising her very first book, a therapist
realized that they claimed that she was a
professor of psychology at a university that
she had taught at several years before as an
adjunct professor. What should she do?
41. AAMFT Code of Ethics: Advertising
Accurate Professional Representation
Promotional Materials
Professional Affiliations
Professional Identification
Educational Credentials
Correction of Misinformation
Employee or Supervisee Qualifications
Specialization
42. Understanding Ethics
A therapist is has some questions about the
treatment of a very contentious couple who
are threatening divorce every session. She is
concerned about her objectivity and
interventions since the way they fight reminds
her of her first marriage when she was 20.
She took some notes to herself and wonders
if she should seek consultation with a
colleague. What are her obligations in
regards to record keeping?
43. Other Ethical Issues
Domestic Violence—Child Abuse
Emotional Abuse of Children
Financial Abuse of Elders
Guilty and No Contest pleas
HIPAA
Immunity from Liability
Joint Legal Custody
Record Keeping
44. Understanding Ethics
A 16-year-old mother who is receiving State
Medicaid makes an appointment to see you
for help adjusting to parenting and dealing
with friends who have rejected her because
she kept her baby. She continues to live with
her parents who are very religious and do not
believe in therapy. Who signs the consent
forms?
45. Other Ethical Issues, Cont.
Leaving an Agency
Treating minors without Parental Consent
Online therapy
Privilege
Billing Practices: Self and Interns
Service of a Subpoena
Termination
Renewing license and Malpractice
46. Understanding Ethics
A client leaves a series of voicemails that
articulate a desire to hurt the therapist and
the front office personnel. What are the
therapists confidentiality obligations? What
should she do? Can she terminate the
therapeutic relationship?
47. Other Ethical Issues, Cont.
Hypnosis and Crime Victims
CEU’s
Violence against Therapist and Confidentiality
Suicide and Confidentiality
Experimental Therapies
Referrals
Abuse in other States
48. Understanding Ethics
A judge ordered a convicted sex-offender to
receive weekly therapy. What obligations
does the therapist have to the court? What
obligations does the therapist have to the
client?
49. Ethical Decision Making
(Fisher, 2003)
Step 1: Professional commitment
Step 2: Be familiar with the ethics code
Step 3: Gather facts
Step 4: Understand stakeholders’
perspectives
Step 5: Apply 1-4 to generate ethical
alternatives
Step 6: Select and implement and ethical
course of action.
50. Contact Information
Trudy Gilbert-Eliot, M.S., LMFT, LADC
Nevada Marriage and Family Therapist
#0828
Nevada Licensed Alcohol and Drug
Counselor #0127L
458 Court Street
Reno, NV 89501
775-772-9017
nvpsych@sbcglobal.net
Notes de l'éditeur
NRS641A.060
NRS641A.080
Obtain supervision to work with the seven year old
Refer the family to a competent therapist who specializes in younger children.
NRS 641A.310 and .313
NRS641A.320
Can reapply for license one year after revocation.
NAC641A.220
Ideas: weekly consultation, monitor work, modify work day/week to ensure she is working at optimal levels.
NAC641A.243
1.
The therapist should disclose what they know so the client can make an informed decision to make subsequent sessions.
Cannot reveal that the client is in psychotherapy with him.
Consult with a colleague
If Therapeutic objectivity/effectiveness becomes compromised then must explain to patient, provide a referral, assist in the transition to a new provider.
Meet with the supervisee. Disclose the review.
Let the supervisee know there is a protocol for the use of different therapies within supervision.
Lets say the secondary supervisor is trained in this type of therapy, what do you do next?
NAC641A.256
NAC641A.252
Address issues secondary to safety, etc. (how are they getting home?)
Make another appointment to discuss fees and consents when they are sober.
prior to commencing compliant with all relevant laws for the delivery of such services and must 1. determine that the electronic therapy is appropriate for clients, re: their intellectual, emotional, and physical needs, 2. inform clients of the potential risks and benefits associated with electronic therapy 3. ensure the security of the communication medium 4. only commence electronic therapy after appropriate education, training, or supervised experience using the relevant technology.
**Sign separate consent, make sure you have a privacy statement and utilize privacy rules such as pass-word protection and SHARE THESE WITH THE CLIENT! They should be doing the same with their information especially if its email, etc.
Make sure you check in with the insurance company to make sure you can continue to bill. Get this assurance in writing and bill it properly.
and always 1. stay abreast of advances in the field, 2. require in-person initial consultation 3. indentify professionals in their immediate area that can be called in in the event of a crisis.
No, it is considered a ‘casual admission’ and is not part of informed consent.
Obtained consent in writing including for which purposes the therapist would disclose and how much detail.
OR, disguised better: the dream should have been changed in ways to make it impossible to connect it to the patient.
Obtain supervision—even informally
Consider going in to therapy from a professional standpoint to continuously look at countertransference issues.
Must report on ACTUAL performance and observed behavior.
Yes, he can so long as he sets it up as time-limited, that there is a contract specifying the equivalent monetary value of the services. This is ethically permissible because the barter did not directly affect his therapeutic relationships with the children or the parents or teacher whom he worked with, not exploitative barter arrangement and showed respect for the continuation of services under adverse circumstances.
Call editor
Follow up with a letter to the editor that she requested the website change and cc: to the university.
1 progress notes
2 case notes
3. Consultation notes
According the NV State law, the 16 year old with a child can sign her own consent to treatment. Know the laws.
Report to the police
Give ONLY the amount of information necessary to make the report
Yes, she has the ability to terminate the relationship.
To understand the court order and what is expected.
To fully disclose to the client the extent of their obligation to reveal information to the court which might be used to rescind parole.