MFT Legal Issues 3 — Questions and Answers
Question 1: An MFT is court-ordered to testify about a client's statements. The client has not waived privilege. What should the therapist do?
- Testify fully to comply with the court
- Assert privilege on the client's behalf and await a ruling (Correct answer)
- Refuse to appear in court
- Provide only written records, not oral testimony
Correct 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.
Question 2: Which of the following is an example of a 'tarasoff duty' situation that does NOT trigger mandatory warning?
- A client states he wants to kill his neighbor by name
- A client describes vague frustration and wishes everyone would 'just disappear' (Correct answer)
- A client reveals a specific plan to poison a coworker
- A client says she purchased a weapon to use on her ex-partner
Correct 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.
Question 3: 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?
- 30 days
- 6 months
- 1 year
- Until revoked by the client (Correct answer)
Correct answer: Until revoked by the client
Under HIPAA, an authorization without a specified expiration date or event remains valid until the client revokes it.
Question 4: In most U.S. states, at what age can a minor consent to mental health treatment without parental permission?
- 10
- 12 (Correct answer)
- 14
- 16
Correct answer: 12
Many states allow minors aged 12 and older to consent to mental health treatment independently, though the exact age varies by state.
Question 5: A therapist learns that a client is engaged in ongoing elder financial abuse. In a state with mandatory elder abuse reporting, what is required?
- Encourage the client to self-report
- Report only if the elder requests it
- File a mandated report with adult protective services (Correct answer)
- Document the information and wait for additional disclosures
Correct 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.
Question 6: Which federal law prohibits discrimination in employment on the basis of disability and may apply to a therapist's own practice as an employer?
- HIPAA
- The Americans with Disabilities Act (ADA) (Correct answer)
- Section 504 of the Rehabilitation Act
- The Family and Medical Leave Act (FMLA)
Correct 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.
Question 7: 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?
- Contact the client's insurance company for pre-authorization
- Initiate an involuntary psychiatric hold under state commitment law (Correct answer)
- Refer the client to their primary care physician
- Schedule an urgent appointment for the next available slot
Correct 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.
MFT Legal Issues 3
An MFT is court-ordered to testify about a client's statements.
The client has not waived privilege.
What should the therapist do?