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Flashcards in Ethics Deck (30)
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1

Buckley Amendment

1974; AKA Family Educational Right to Privacy Act; protects the privacy of student records

2

Elementary and Secondary Education Act of 1965

Guaranteed a high-quality education for all individuals, with a fair and equal opportunity to obtain an education

3

Insanity

A legal term, deemed by a court of law, to describe if an individual who, asthe result of a mental disorder, is psychologicall impaired to the extent where he or she is unable to distinguish right from wrong, and understand the consequences of own behavior

4

Testament capacity

Having the mental competecny to execute a will at the time the will was signed and witnessed

5

Criminal responsibility

Assessment of a person's mental status at the time an alleged crime was committed

6

In court ordered investigation, if legal representative objects to testing:

Psychologist must notify the court and proceed as directed

7

Information harmful to the client

Information gained by a therapist in a sessioni or evaluation that may incriminate the client is divulged when privilege or confidentiality is waived

8

Waiving privilege

Occurs when client gives up the right to prevent a therapist from divulging confidential information in a legal proceeding; info may be harmful to the client's case; in cases that involve minors, the privilege belongs to the parent; in cases of insanity, privilege is waived by the courts

9

Expert witness

Testify based on special training and professional competence regarding subject matter; impartial educator; no multiple relationships; no contingency fees

10

Fact witness

Someone who testifies in court because of their direct knowledge of an event. Declien answering questions more appropriate for expert witness; testify only if ct has waived confidentiality/privilege, or if court-ordered

11

First case using insanity defense

M'Naughten. Most states; defendant deemed insane and not held criminally responsible. Some states "Guilty, but mentally ill (GBMI) verdict

12

Subpoena duces tecum

bring physical records, only the info specifically requested

13

Subpoena ad testificandum

oral testimony

14

Deposition

Out of court testimony, under oath, which is transcribed in writing: takes the place of courtroom testimony

15

Confidentiality and EAP

Release information about attendance, compliance may be mandatory condition of therapy

16

Confidentiality and Military

Confidentiality limited; info must be released in the lawful conduct of investigations, other special circumstances, provide informed consent of these limits

17

Confidentiality and minors

parents retain right to records of treatment unless such release is detrimental; balance minor's need for privacy and parental rights, clarify with both minor and parents at the outset of therapy

18

Privilege

Ct holds rights to withhold info; waived if ct sues therapist, if therapist is acting in a court-appointed capacity, if ct introduces mental condition as defense in civil suit, if ct seeks out assistance from psychologist for the exclusive purpose of committing a crime, if psychologist determines that a ct requires hospitalization

19

Info regarding Ct requested by Professional Standards Review Committee

Obtain waiver of confidentiality that is specific in wording

20

HIPPA (what year?)

1996

21

Privacy rule of 2003

Standards for the privacy, use, and dissemination of health care information that is transmitted electronically

22

Protected Health Information (PHI)

Any health information that can be linked to an individual

23

PHI must be kept for:

6 years

24

Privilege between ct and therapist supported by

Jaffee V. Redmond case. May be asserted by psychologists to challenge subpoenas

25

Document consultation

In writing

26

Telemental Health

TMH; delivery of a variety of mental helath services via telephone, teleconferencing, videoconferencing, e-mail, and the Internet

27

TMH's benefits

accessibility; eliminates need for travel benefitting the disabled and elders; allows recipients to receive specialized health services

28

TMH most effective via

Internet and telephone

29

TMH success shown with

Depression, schizophrenia, PTSD, panic disorder, SA, suicide prevention, eating disorders, dementia, and child psychiatry

30

TMH less effective with

OCD. Not at all suitable for crises or life-threatening issues