MFT Licensing Exam - Legal & Ethical Issues
Barter -Answer- Barter is addressed in Subprinciple 9.5 of the Code of Ethics, which states that MFTs "ordinarily refrain from accepting goods, services, or other non-monetary remuneration from patients in return for professional services" because thes...
MFT Licensing Exam - Legal & Ethical
Issues
Barter -Answer- Barter is addressed in Subprinciple 9.5 of the Code of Ethics, which states that MFTs
"ordinarily refrain from accepting goods, services, or other non-monetary remuneration from patients in
return for professional services" because these arrangements can lead to conflicts and exploitation.
Dual Relationships -Answer- Dual relationships are addressed in Subprinciple 1.2 of the Ethics Code,
which requires MFTs to "avoid dual relationships with patients that are reasonably likely to impair
professional judgment or lead to exploitation." As defined in this subprinciple, a dual relationship is a
"separate and distinct relationship" that occurs either at the same time as the therapeutic relationship or
during a "reasonable period of time" following termination of the therapeutic relationship. Note that, in
some situations, a relationship with a client's spouse, partner or family member may constitute an
unethical dual relationship.
Marriage License -Answer- To obtain a marriage license in California, the parties must appear together at
the county clerk's office and present a completed application and valid government-issued identification.
There are two types of marriage license - public and confidential. There is no residence or citizenship
requirement to qualify for a marriage license; and a blood test or health certificate is not required.
Scope of Competence -Answer- Scope of competence refers to the limits of what an MFT is qualified to
do based on his or her education, training, and experience and is addressed in the Ethics Code and
California law.
Unpaid Fees -Answer- MFTs are prohibited from terminating therapy when a client has not paid his/her
fees "except when the termination is handled in a clinically appropriate manner" (Subprinciple 1.3.4).
Although MFTs may use a collection agency to collect unpaid fees, they must give the client an
opportunity to pay the fees that are owed within a specified period of time before doing so and then give
the collection agency only essential information (Subprinciple 9.4).
Breach of Client Confidentiality -Answer- In most situations, an MFT is legally and ethically obligated to
maintain a client's confidentiality. However, there are a number of circumstances in which an MFT is
legally required to breach confidentiality without the authorization of the client or his/her legal
representative. These circumstances include when the MFT has a duty to warn/protect an intended victim
of a client; to report child, elder adult, or dependent adult abuse, or as required by a court order.
Emancipated Minors -Answer- Emancipated minors are considered adults for the purpose of consent to
medical, dental or psychiatric care. A minor is emancipated when he or she has entered into a valid
marriage, whether or not the marriage has been dissolved; is on active duty with the United States
military; or has received a declaration of emancipation from the court (FC Section 7002).
Personal Problems -Answer- MFTs are ethically and legally obligated to take appropriate action whenever
personal problems or other factors might interfere with their ability to provide effective professional
services. For example, Subprinciple 3.1 of the Code of Ethics states that MFTs are in violation of the
Code and "subject to termination of membership, or other appropriate action, if they...continue to practice
when they are no longer competent to practice because they are impaired due to physical or mental
causes or the abuse of alcohol or other substances."
Scope of Practice -Answer- Scope of practice refers to the legally defined boundaries of an MFT's
professional practice and is described in B&PC Section 4980.02, which states that the practice of
marriage and family therapy refers to services "performed with individuals, couples, or groups wherein
, interpersonal relationships are examined for the purpose of achieving more adequate, satisfying, and
productive marriage and family adjustments."
Unprofessional Conduct -Answer- Examples of unprofessional conduct by MFTs and MFT interns are
provided in B&PC Section 4982 and include being convicted of a crime substantially related to an MFT's
qualifications or duties; obtaining a license or registration by fraud, deceit, or misrepresentation; failing to
maintain client confidentiality, except as required or permitted by law; and failing to disclose to a client or
prospective client the fee for professional services or the basis for deriving that fee prior to the beginning
of treatment. B&PC Section 4982 also states that "the board may refuse to issue any registration or
license, or may suspend or revoke the license or registration of any registrant or licensee if the applicant,
licensee, or registrant has been guilty of unprofessional conduct."
Consent of Unemancipated Minors -Answer- Legal requirements regarding the consent of unemancipated
minors to mental health services are provided in H&SC Section 124260 and FC Sections 6924 and 6929.
For example, Section 124260(b) permits a minor who is at least 12 years of age to consent to outpatient
mental health treatment or counseling services if the attending professional person believes the minor "is
mature enough to participate intelligently" in the treatment or services.
Informed Consent -Answer- Informed consent refers to the right of a client to be given adequate
information about the therapy process and procedures before making the decision to participate in
therapy. This includes information about the risks and benefits of therapy, the client's rights and
responsibilities, and the limits of confidentiality. In order for a consent to be truly informed, three
conditions must be met: capacity, comprehension, and voluntariness.
Reporting Child Abuse and Neglect - When and How to Make a Report -Answer- PC Section 11166(a)
states that a mandated reporter shall make a report whenever the reporter "in his or her professional
capacity or within the scope of his or her employment, has knowledge of or observes a child whom this
mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect." The
report must be made as soon as possible by telephone and by a written follow-up report within 36 hours.
When a reporter is unable to make the initial report by telephone after making a reasonable effort to do
so, he or she must submit a written report by fax or electronic transmission and be available to respond to
a follow-up call by the agency that received the report. In this case, a written follow-up report is not
required.
Supervised Work Experience -Answer- MFT trainees and interns are required to accrue a minimum of
3,000 hours of supervised work experience during a period of at least 104 weeks prior to applying for
exam eligibility. Of the 3,000 hours, a maximum of 1,300 hours may be accrued pre-degree and a
minimum of 1,700 hours may be accrued post-degree. Supervised work experience must be gained no
more than six years before an MFT applies for exam eligibility. The only exception is that a maximum of
500 hours of supervised work experience may be accrued before the six-year period while a trainee is
enrolled in a supervised practicum.
Continuing Education -Answer- MFTs must complete 36 hours of CE for each two-year license renewal
period with the following exceptions Licensees applying for their first renewal are required to complete 18
hours of CE and individuals who are on inactive status or have been granted an exception are not
required to complete CE.
Insurance Fraud -Answer- Insurance fraud is both unethical and illegal. Acts that constitute insurance
fraud include routinely waiving copayments without informing the insurance company; assigning an
inaccurate diagnosis in order to be paid by the insurance company; and billing the insurance company for
a missed appointment without making it clear that the appointment was missed.
Reporting Child Abuse and Neglect - Types of Reportable Abuse -Answer- The following types of child
abuse must be reported by mandated reporters: physical abuse, sexual abuse, willful harm or injury,
unlawful corporal punishment or injury, and neglect. In addition, mandated reporters may report "serious
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