Deck 15: Ethical and Legal Issues

Question 1

Which of the following is a legal prerequisite for being considered a psychologist?

A) Obtaining a doctoral degree in clinical psychology
B) Obtaining a degree in medicine
C) Passing a competence test
D) Passing a rigid set of licensing requirements

Answer 1

D

Question 2

The difference between general principles and ethical standards is that

A) general principles are enforceable rules.
B) failure to follow general principles can result in sanctions.
C) ethical standards are enforceable rules.
D) ethical standards do not have a legal backing.

Answer 2

C

Question 3

Dr. Mathis is a practicing clinical psychologist. He went through a divorce last year and has been experiencing mood disturbances since then. He is irritable and he finds it difficult to give full attention to his clients. His personal feelings have begun to influence the way he responds to his clients. Which of the following roles and responsibilities would be in question in this case?

A) Emotional competence
B) Education and training
C) Confidentiality
D) Duty to warn

Answer 3

A

Question 4

Which of the following is true of the ethics Code?

A) Failure to follow APA ethical rules cannot result in loss of a state professional license.
B) The APA ethics code offers specific guidelines for psychologists who conduct research.
C) The APA ethics code contains five standards.
D) The APA ethics code is inapplicable to psychologists in the military.

Question 5

A person appointed by the court to represent or make decisions for a person (e.g., a minor or an incapacitated adult) who is legally incapable of doing so in a civil legal proceeding is known as a(n)

A) guardian ad litem.
B) judicial expert.
C) parens patriae.
D) impartial third party.

Question 6

A clinician is appointed by a family court judge to make decisions regarding the placement of an orphan. Based on interviews with the child, the clinician decides that the best placement for the child is with his aunt. In this instance, the clinician has served as a

A) legal custodian.
B) parens patriae.
C) parental authority.
D) guardian ad litem.

Question 7

Dr. Harris is a well-known psychologist. In which of the following situations does he act as a guardian ad litem?

A) Dr. Harris obtains informed consent from the parents of one clients, to write a research paper based on the client's treatment.
B) Dr. Harris provides therapy to clients from an orphanage at subsidized rates.
C) Dr. Harris begins commitment proceedings for client with schizophrenia, who is likely to harm his family if he is not provided with adequate treatment.
D) Dr. Harris has been asked to represent a child, whose parents have been accused of abuse and neglect, in a civil legal proceeding.

Question 8

Dr. Edward Jarvis does not feel that he has the necessary resources to effectively treat Martin's condition. He gives Martin the name and phone number of another clinician. Dr. Jarvis provides Martin with

A) informed consent.
B) a referral.
C) supervision.
D) an expert witness.

Question 9

Which of the following organizations has established guidelines for psychotherapy with lesbian, gay, and bisexual clients?

A) The American Medical Association
B) The American Psychological Association
C) The American Psychiatric Association
D) The National Alliance for the Mentally Ill

Question 10

Which of the following statements is true with regard to the guidelines for psychotherapy with lesbian, gay, and bisexual clients?

A) Psychologists should not consider generational differences within lesbian, gay, and bisexual populations.
B) Psychologists should understand that homosexuality and bisexuality are indicative of mental illness.
C) Psychologists should strive to understand the special problems and risks that exist for lesbian, gay, and bisexual youth.
D) Psychologists should oppose the provision of professional training on lesbian, gay, and bisexual issues.

Question 11

Communicating to the client the potential risks and benefits of therapy, confidentiality and its limits, and the expected length of therapy, is necessary so that the client can

A) understand his or her duty toward the psychologist.
B) choose the least restrictive alternative.
C) provide informed consent.
D) establish rapport with the psychologist.

Question 12

Which of the following information is NOT provided as a part of informed consent?

A) Limits of confidentiality
B) Treatment risks
C) Client's rights
D) Clinician's rights

Question 13

Nathan has been brought to the intensive care unit (ICU). He is extremely disoriented and is unable to understand his situation. Nathan had attempted suicide and Dr. Thorpe believes he is still at risk. Unfortunately, Nathan does not seem capable of providing informed consent for treatment. Dr. Thorpe should

A) respect Nathan's right to refuse treatment.
B) get a court order to forcibly provide treatment.
C) wait until Nathan is completely in his senses to provide consent.
D) get consent from Nathan's family.

Question 14

Ashley is being treated by Dr. Matthew for a mood disorder. Ashley's husband asks Dr. Matthew if his wife speaks about him during therapy and what she feels about their marriage. He tells Dr. Matthew that this information would help him to save their marriage. Dr. Matthew shares what Ashley has spoken about her marriage with her husband. Which of the following guidelines of therapy has Dr. Matthew violated?

A) Least restrictive alternative
B) Commitment
C) The duty to warn
D) Confidentiality

Question 15

When the clinician may not disclose any information about the client in a court of law without the client's expressed permission then it is referred to as

A) privileged communication.
B) informed consent.
C) debriefing.
D) duty to warn.

Question 16

The legal requirement that professionals notify appropriate authorities about cases of child abuse or neglect is known as

A) parens patriae.
B) informed consent.
C) duty to warn.
D) mandated reporting.

Question 17

Dr. Johnson had his first therapy session with Molly, a teenager. He learned that she was sexually abused by a family member. Which of the following condition allows Dr. Johnson to limit the principle of confidentiality?

A) Privileged communication
B) Mandated reporting
C) Informed consent
D) Duty to warn

Question 18

Mandated reporting applies to all of the following groups EXCEPT

A) individuals with low socio-economic status.
B) individuals with handicaps.
C) intellectually disabled individuals.
D) impaired elders.

Question 19

The clinician's responsibility to notify a potential victim of a client's harmful intent toward that individual is referred to as

A) primary prevention.
B) notification of intent.
C) duty to warn.
D) legal commitment.

Question 20

Duty-to-warn laws have their origins in the

A) Youngberg v. Romeo case
B) O'Connor v. Donaldson case
C) Wyatt v. Stickney case
D) Tarasoff v. Regents of the University of California case

Question 21

Which of the following indicates an extreme form of violation of the therapeutic relationship that is explicitly forbidden in the ethical codes of the mental health professions?

A) Sexual intimacy with clients
B) Emotional competence with clients
C) Exchange of gifts between client and clinician
D) Social interactions between client and clinician

Question 22

The Ethics Code defines _____ relationships as occurring when a psychologist is in a professional role with a person and has another role with that person that could impair the psychologist's "objectivity, competence, or effectiveness in performing his or her functions as a psychologist" or otherwise risks exploiting or harming the other person.

A) intermediary
B) multiple
C) surrogate
D) exploitative

Question 23

The U.S. legislation intended to ensure adequate coverage and protect consumers from loss of insurance coverage when they changed or lost their jobs is called the

A) Patient Protection and Affordable Care Act (PPACA).
B) Healthy Americans Act (HAA).
C) Medicare Modernization Act (MMA).
D) Health Insurance Portability and Accountability Act (HIPAA).

Question 24

Title I of HIPAA

A) regulates the activities of psychologists in the classroom, as supervisors or trainers, and as developer of education and training programs.
B) allows clinician to disclose any information about the client in a court of law without the client's expressed permission.
C) protects workers and their families from loss of health care insurance when they change or lose their jobs.
D) is intended to regulate the ways in which providers and insurance companies maintain and transmit medical records, called protected health information.

Question 25

Title II of HIPAA is intended to regulate the ways in which providers and insurance companies maintain and transmit medical records, called

A) protected health information.
B) confidential medical records.
C) patented medical information.
D) health approved database.

Question 26

_____ is an emergency procedure for the involuntary hospitalization of a person.

A) Collusion
B) Commitment
C) Concomitance
D) Constancy

Question 27

Clinicians begin _____ proceedings in the cases of people who if not hospitalized, are likely to create harm for self or other people as a result of mental illness.

A) collusion
B) commitment
C) concomitance
D) constancy

Question 28

Commitment is based on the legal principle of

A) quid pro quo.
B) parens patriae.
C) guardian ad litem.
D) ad hominem.

Question 29

The legal principle that the state has the authority to protect those who are unable to protect themselves is referred to as

A) res judicata.
B) guardian ad litem.
C) ad hominem.
D) parens patriae.

Question 30

In 1999, New York State enacted "Kendra's Law," which provides for the state's

A) health insurance services.
B) institutionalization restriction plans.
C) assisted outpatient treatment.
D) inpatient commitment program.

Question 31

_____ has resulted in decreased hospitalization and improved service engagement and medication adherence.

A) Assisted outpatient treatment
B) Mandated reporting
C) Duty-to-warn law
D) Commitment

Question 32

The right to _____ is the legal right of a person entering psychiatric hospital to receive appropriate care.

A) assisted outpatient treatment
B) informed consent
C) least restrictive alternative
D) treatment

Question 33

The right to treatment emerged as the outcome of the _____ case.

A) O'Connor v. Donaldson
B) Youngberg v. Romeo
C) Tarasoff v. Regents of the University of California
D) Wyatt v. Stickney

Question 34

Wendy has been involuntarily committed to a psychiatric hospital. When she tries to use the ward pay phone, the staff members stand nearby and listen to her conversation. Occasionally, they have actually interrupted her calls and have hung up the phone on her behalf. Which of Wendy's rights is being violated?

A) The right to stand trial
B) The right to treatment
C) The right to a humane environment
D) The right to refuse treatment

Question 35

Which of the following is among the rights that apply to psychiatric patients?

A) The right to refuse unwanted treatment
B) The right to the most restrictive environment
C) The right to legal counsel
D) The right to die

Question 36

Carol has been hospitalized after her second suicide attempt. Her doctor insists that she receive electroconvulsive therapy. Despite the fact that she does not want to receive the therapy, her doctor performs it anyway. Which of Carol's rights are being violated?

A) The right to the least restrictive environment
B) The right to refuse treatment
C) The right to a humane environment
D) The right to treatment

Question 37

A subjective analysis of what the client would decide if he or she were cognitively capable of making the decision is known as

A) insanity defense.
B) substituted judgment.
C) least restrictive alternative.
D) right to refuse treatment.

Question 38

_____ is a treatment setting that provides the fewest constraints on the client's freedom.

A) Commitment of clients
B) Assisted outpatient treatment
C) Least restrictive alternative
D) Substituted intervention

Question 39

The O'Connor v. Donaldson case established

A) the state's authority to protect those who are unable to protect themselves.
B) that the most important legal right of the person entering a psychiatric hospital is the right to treatment.
C) the "right-wrong test" used in cases of the insanity defense to determine whether a defendant should be held responsible for a crime.
D) the legal principle that the presence of mental illness in a person is not sufficient reason for confinement to a mental hospital.

Question 40

_____ is a legal term that refers to the individual's lack of moral responsibility for committing criminal acts.

A) Insanity
B) Derangement
C) Dementia
D) Hallucination

Question 41

The argument a lawyer presents acting on behalf of the client, which states that because of the existence of a mental disorder, the client should not be held legally responsible for criminal actions is referred to as

A) parens patriae defense.
B) insanity defense.
C) substituted judgment.
D) assisted judgment.

Question 42

Which of the following arguments might be used by defense attorneys to support an insanity plea?

A) Because Wilson had antisocial personality disorder, he could not control his violent urges.
B) Because Wilson was psychotic, he was not able to differentiate right from wrong.
C) Because Wilson had bipolar disorder, he was unable to control his manic urges.
D) Because Wilson was depressed, he felt compelled to cause another person to suffer.

Question 43

Which of the following refers to the "right-wrong test" used in cases of the insanity defense to determine whether a defendant should be held responsible for a crime?

A) Substituted judgment test
B) M'Naghten Rule
C) Durham Rule
D) ALI guidelines

Question 44

The notion added to the M'Naghten Rule that some criminal behaviors may result from a person's inability to inhibit actions that they feel compelled to carry out led to the

A) substituted judgment condition.
B) Durham Rule.
C) irresistible impulse test.
D) ALI guidelines.

Question 45

In which of the following cases is the M'Naghten Rule is most applicable?

A) A case in which the defendant makes an insanity defense
B) A case in which the defendant has sued his psychologist for violation of confidentiality
C) A case in which a clinician is accused of violating the boundaries within a therapeutic relationship
D) A case involving child abuse in which the court appoints a mental health professional to make recommendations about the child's care

Question 46

An expansion of the insanity defense based on determining that the individual was not criminally responsible if the unlawful act was due to the presence of a psychological disorder is known as the

A) M'Naghten Rule.
B) Durham Rule.
C) irresistible impulse test.
D) ALI guidelines.

Question 47

Which of the following was created to develop uniform standards for the insanity defense?

A) M'Naghten Rule
B) Durham Rule
C) Irresistible impulse test
D) ALI guidelines

Question 48

An important feature of the ALI code is

A) the exclusion from the insanity defense of people whose only maladaptive behavior is repeated criminal or otherwise antisocial conduct.
B) the inclusion of a subjective analysis of what the client would decide if he or she were cognitively capable of making the decision.
C) that it assumes that knowing what is right and wrong is equivalent to understanding that one's behavior is wrong.
D) that it takes the question of guilt or innocence away from the jury and places it in the hands of mental health experts.

Question 49

Which of the following is a more viable standard of insanity than the Durham Rule?

A) Guardian ad litem
B) Substituted judgment rule
C) Parens patriae
D) ALI guidelines

Question 50

According to the Insanity Defense Reform Act of 1984, _____ does not meet the criteria for an insanity defense.

A) schizophrenia
B) a delusional disorder
C) a psychotic disorder
D) a personality disorder

Question 51

What alternative verdict have some states utilized in criminal proceedings involving insanity defense?

A) Not competent to stand trial
B) The irresistible impulse verdict
C) The least restrictive environment verdict
D) The guilty, but mentally ill verdict

Question 52

A determination of whether or not an individual is psychologically capable of testifying on his or her own behalf in a court of law refers to

A) the least restrictive alternative.
B) the Durham Rule.
C) guilt by reason of insanity.
D) competency to stand trial.

Question 53

Possessing a doctorate in clinical psychology or a degree in medicine is a guarantee that a professional is capable of treating every client requesting services.

Question 54

Even though a person may be in extreme distress, on his or her admission to a psychiatric hospital, the clinician must obtain informed consent.

Question 55

The content of therapy is privileged communication.

Question 56

In many states the legal requirement of mandated reporting has been expanded to include not only children, but also vulnerable people, such as the handicapped.

Question 57

The duty to warn mandate is an exception to the principle of competence and informed consent.

Question 58

Title I of HIPAA is intended to regulate the ways in which providers and insurance companies maintain and transmit medical records, called patented medical information.

Question 59

Although a sexual relationship between a therapist and a client is considered unethical, there are no explicit guidelines against it.

Question 60

Clinicians begin commitment proceedings in the cases of people who if not hospitalized, are likely to create harm for self or other people as a result of mental illness.

Question 61

In case of parens patriae, if a health professional is not accessible, a teacher may file commitment papers.

Question 62

The right to treatment emerged as the outcome of a landmark legal case, Wyatt v. Stickney.

Question 63

Substituted judgment is a subjective analysis of what the client would decide if he or she were cognitively capable of making the decision.

Question 64

M'Naghten Rule is an expansion of the insanity defense based on determining that the individual was not criminally responsible if the unlawful act was due to the presence of a psychological disorder.

Question 65

Durham Rule is referred to as the "right-wrong test."

Question 66

The determination of competency to stand trial pertains to the question of whether a defendant is aware of and able to participate in criminal proceedings against him or her.

Question 67

Match the term to the appropriate definition or description.
-Parens patriae

A) clinicians should provide their clients with knowledge ahead of time about what they can expect to occur in treatment
B) the principle that the therapist must safeguard disclosures in therapy as private
C) the legal principle that the state has the authority to protect those who are unable to protect themselves
D)a person appointed by the court to represent or make decisions for a person who is legally incapable of doing so in a civil legal proceeding

Question 68

Match the term to the appropriate definition or description.
-Guardian ad litem

A) clinicians should provide their clients with knowledge ahead of time about what they can expect to occur in treatment
B) the principle that the therapist must safeguard disclosures in therapy as private
C) the legal principle that the state has the authority to protect those who are unable to protect themselves
D)a person appointed by the court to represent or make decisions for a person who is legally incapable of doing so in a civil legal proceeding

Question 69

Match the term to the appropriate definition or description.
-Confidentiality

A) clinicians should provide their clients with knowledge ahead of time about what they can expect to occur in treatment
B) the principle that the therapist must safeguard disclosures in therapy as private
C) the legal principle that the state has the authority to protect those who are unable to protect themselves
D)a person appointed by the court to represent or make decisions for a person who is legally incapable of doing so in a civil legal proceeding

Question 70

Match the term to the appropriate definition or description.
-Informed consent

A) clinicians should provide their clients with knowledge ahead of time about what they can expect to occur in treatment
B) the principle that the therapist must safeguard disclosures in therapy as private
C) the legal principle that the state has the authority to protect those who are unable to protect themselves
D)a person appointed by the court to represent or make decisions for a person who is legally incapable of doing so in a civil legal proceeding

Question 71

Match the term to the appropriate definition or description.
-HIPAA

A)a determination of whether or not an individual is psychologically capable of testifying on his or her behalf in a court of law
B)U)S. legislation to ensure adequate insurance coverage and protect individuals from loss of that
C) an expansion of the insanity defense based on determining that the individual was not criminally responsible if the unlawful act was due to the presence of psycholoical disorder
D) guidelines proposing that people are not responsible for criminal behavior if their mental disorder prevents them from appreciating the wrongfulness of their behavior
E)the "right-wrong" test used in cases of the insanity defense

Question 72

Match the term to the appropriate definition or description.
-American Law Institute's (ALI) guidelines

A)a determination of whether or not an individual is psychologically capable of testifying on his or her behalf in a court of law
B)U)S. legislation to ensure adequate insurance coverage and protect individuals from loss of that
C) an expansion of the insanity defense based on determining that the individual was not criminally responsible if the unlawful act was due to the presence of psycholoical disorder
D) guidelines proposing that people are not responsible for criminal behavior if their mental disorder prevents them from appreciating the wrongfulness of their behavior
E)the "right-wrong" test used in cases of the insanity defense

Question 73

Match the term to the appropriate definition or description.
-Competency to stand trial

A)a determination of whether or not an individual is psychologically capable of testifying on his or her behalf in a court of law
B)U)S. legislation to ensure adequate insurance coverage and protect individuals from loss of that
C) an expansion of the insanity defense based on determining that the individual was not criminally responsible if the unlawful act was due to the presence of psycholoical disorder
D) guidelines proposing that people are not responsible for criminal behavior if their mental disorder prevents them from appreciating the wrongfulness of their behavior
E)the "right-wrong" test used in cases of the insanity defense

Question 74

Match the term to the appropriate definition or description.
-M'Naghten rule

A)a determination of whether or not an individual is psychologically capable of testifying on his or her behalf in a court of law
B)U)S. legislation to ensure adequate insurance coverage and protect individuals from loss of that
C) an expansion of the insanity defense based on determining that the individual was not criminally responsible if the unlawful act was due to the presence of psycholoical disorder
D) guidelines proposing that people are not responsible for criminal behavior if their mental disorder prevents them from appreciating the wrongfulness of their behavior
E)the "right-wrong" test used in cases of the insanity defense

Question 75

Match the term to the appropriate definition or description.
-Durham rule

A)a determination of whether or not an individual is psychologically capable of testifying on his or her behalf in a court of law
B)U)S. legislation to ensure adequate insurance coverage and protect individuals from loss of that
C) an expansion of the insanity defense based on determining that the individual was not criminally responsible if the unlawful act was due to the presence of psycholoical disorder
D) guidelines proposing that people are not responsible for criminal behavior if their mental disorder prevents them from appreciating the wrongfulness of their behavior
E)the "right-wrong" test used in cases of the insanity defense

Question 76

In some instances, the clinician is a(n) _________________, a person whom the court appoints to represent or make decisions for a person (e.g., minor or incapacitated adult) who is legally incapable of doing so in a civil legal proceeding.

Question 77

When faced with a potential client whose needs are beyond the clinician's level of expertise, the clinician should provide a_________________.

Question 78

The fact that a clinician may not disclose any information about the client in a court of law without the client's consent is central to the notion of _________________.

Question 79

The clinician's responsibility to notify a potential victim of a client's harmful intent toward that individual is referred to as the_________________.

Question 80

The most extreme form of violation of the therapeutic relationship involves_________________y with clients, which is explicitly forbidden in the ethical codes of the mental health professions.