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e-book The Counselor and the Law: A Guide to Legal and Ethical Practice

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Thank you Amanda and the team! Amanda put me at ease and simplified everything to teach me how to get out of "maybe land" you'll learn about it. I recommend this far above Grossman and ALL the others. Also, don't go to the dark recesses of your mind and layer TDC with others.


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I found myself on quizlet. Stick to Amanda. I consulted with her professionally fee for service and as part of the course she was connected and tapped into me responding to 20's of emails if not more in three months. She is a brilliant clinician, empathetic and encouraging professional and wonderful human being.

Whomever is reading this, give that amazing individual a raise and commendation, she saved me :. This review is an absolute must for me, because I found so much encouragement and gained confidence in myself reading through every testimonial on this site. Yes, I read everything. This truly means a lot, because I have so much fear taking exams like this one.

I really started studying for about 6 weeks before the exam. I did not quite follow the guide provided through the program, but loosely made my own, due to my personal schedule. Let me tell you, I have absolutely no regrets paying the amount of money I did to help me study and prepare myself for the exam. Although, Amanda mentioned to "live my life," I was a nervous wreck up until I took the exam. I made no plans with friends and devoted my extra time to studying, because passing in one sitting was my priority.

Ethics for Legal Professionals

I listened to the last exam day tips on my way to the testing center to help me stay calm. I did not do well on the last practice exam and that almost discouraged me from taking the exam on my scheduled date. I felt so defeated, but I was also confident I knew the material really well. So, I summoned up courage and proceeded to taking the exam.

I have no regrets and was so elated and relieved when I passed. Thank you TDC! I love the recommended schedule they provided as it allowed me to study the necessary amount but still enjoy my life! Very grateful for this program and looking to purchase again for my clinical exam in the next year or so!

Thank you!!! After failing twice with other study materials, your program made it possible for me to finally pass the LCSW law and ethics exam. Great program that I would recommend to a friend. I passed on my first try thanks to this program!! Having a coach was wonderful since it gave me support that a textbook. I found the program very useful and a life-saver! I experience horrible test anxiety and was in search of a comprehensive test prep course that outlines SWs' laws and ethics.

It provided scenarios, outcomes, and reasonings as well as helpful study tips. I utilized the tools TDC recommends even "leaning in to 'attack' the test" and as a result felt prepared for test day! Definitely worth it, folks! This program is excellent! I used this program to study over the course of 3 weeks for the CA Law and Ethics exam. I passed on the first try. I wanted to utilize a program such as TDC because I was initially licensed in another state. This program made it easy for me to determine the differences in state requirements, especially reporting.

I would highly recommend this program for studying for the law and ethics exam in CA! I truly enjoyed taking this course! It helped me prepare for the test in every way possible. I felt confident the day of my test because I had reviewed this course twice. I appreciate the flexibility with this course in that you are able to look over the material as much as you want and at your convenience.

Thank you so much for putting this course out there for us to have. I passed on the first go after following this study material exactly.

The Counselor and the Law: A Guide to Legal and Ethical Practice, 7th Edition

I chose to spread the work out over 2 months, studying about 2 days a week. This did feel a little drawn out if you are considering this. Six or 4 weeks would have been better I think. There were some questions that were almost verbatim from the mock exams, but also a lot that really stumped me hopefully these were the experimental questions? Remember to "mark" questions on the exam to go back to along the way. They didn't explain this at the test center so I kind of had to figure it out myself, but it wasn't difficult. Ask a tester if you need assistance there.

The program overall is very well constructed and developed.

Model Rules of Professional Conduct: Table of Contents

I am a visual learner and I have to say that it is not easy to listen to the audio; however, I have learned to appreciate it as I was able to take it every where with me. I am a full time employee and I will say that finding the time to study is very difficult to balance. I am thankful that I was able to complete half of the TDC study materials before going in to take the actual exam yes, you bet I was nervous! However, the practice exams that I was able to take really helped me out when I was sitting in the testing center.

Everything that I was able to study really helped me eliminate the answers that did not make sense to the question. I am proud to say that I am now one step closer to my dream! Thank you to the entire TDC team. I had my doubts. This course really helped me understand what I did not previously.. Exceptions allow the counselor to communicate confidential information to a potential victim, the family of a potential victim, law enforcement authorities, or other appropriate authorities concerning a clear and immediate probability of physical harm to the client, other individuals, or society.

Counselors are also exempted from confidentiality as mandatory reporters of child abuse or neglect and harm or assaults suffered by vulnerable adults. A psychologist or psychological associate may not reveal to another person a communication made to the psychologist or psychological associate by a client about a matter concerning which the client has employed the psychologist or psychological associate in a professional capacity.

This section does not apply to cases where an immediate threat of serious physical harm to an identifiable victim is communicated to a psychologist or psychological associate by a client or disclosures covered under Alaska Rule of Evidence Notwithstanding the confidentiality described in this section, mental health professionals are required to report abuse to children, vulnerable adults, and people with disablities. A licensed social worker and their employees may not reveal any communication revealed by their client when the client has employed the social worker in a professional capacity.

Exceptions allow the social worker to communicate confidential information to a potential victim or law enforcement concerning a threat of imminent serious physical harm to an identified victim made by the client. Social workers are also excepted from confidentiality requirements as mandatory reporters of child abuse or neglect and incidents of harm to vulnerable adults.

Table of Contents

Information and records obtained in the course of a screening investigation, evaluation, examination or treatment by welfare, social services and related institutions are confidential except to be disclosed to a law enforcement agency when there is a substantiated concern over imminent danger to the community by a person presumed to have a mental illness. Places communications between client and a licensed psychologist on the same basis as those of attorney client privilege. Privilege does not extend when psychologist has a duty to report as required by law. Applies to support staff as well.

Behavioral health professional - client privilege does not extend when the professional has a duty to 1 inform victims and appropriate authorities that a client's condition indicates a clear and imminent danger to the client or others; or 2 to report information required by law. A health care entity must keep records and information contained in records confidential unless a specific exception is provided for. Information may be provided to Governmental or law enforcement agencies if necessary to 1 secure the return of a patient who is on unauthorized absence from any agency where the patient was undergoing evaluation and treatment; 2 report a crime on the premises; or 3 to avert a serious and imminent threat to an individual or the public.

Immunity for mental health professionals for release of information via or A release of information via or shall, at the request of the patient, be reviewed by a member of his family or a guardian. Section provides for appeal procedures. An agency or nonagency treating professional that makes a decision to release or withhold treatment information in good faith is not subject to liability for this decision. See also Little - Ruled statute as unconstitutional for impermissibly abrogating the right of action recognized in Hammon which is now the standard for the duty to protect.

Major Sections of the ACA 2014 Code of Ethics

There shall be no cause of action against a mental health provider nor shall legal liability be imposed for breaching a duty to prevent harm to a person caused by a patient, unless both of the following occur: 1 the patient has communicated to the mental health provider an explicit threat of imminent serious physical harm or death to a clearly identified or identifiable victim or victims, and the patient has the apparent intent and ability to carry out such a threat; and 2 the mental health provider fails to take reasonable precautions. Any duty owed by a mental health provider to take reasonable precautions can be fulfilled by the following: 1 communicating when possible the threat to all identifiable victims; 2 notifying a law enforcement agency in the vicinity of where the patient or any potential victim resides; 3 taking reasonable steps to initiate proceedings for voluntary or involuntary hospitalization if appropriate; or 4 taking any other precautions that a reasonable and prudent mental health provider would take under the circumstances.

Whenever a patient has explicitly threatened to cause serious harm or the mental health provider reasonably concludes the patient is likely to do so, the mental health provider, for the purpose of reducing the risk of harm, can disclose confidential communications and shall be immune from liability for such disclosure. See interpretation by Little v.

Licensed Counselors and Licensed Associate Counselors. Possibly permissive disclosure if Rules of Professional Conduct for Attorney's would apply - See opinion of attorney general Ark. The statute specifically addresses disclosure as not being required, but Attorney Rules of Professional Conduct, if applicable, could result in a standard of permissive disclosure. Licensed Psychologists and Psychological Examiners. The statute specifically address disclosure as not being required, but Attorney Rules of Professional Conduct if applied could result in a standard of permissive disclosure.

Yes - Duty to Protect - Permissive; Applies to: licensed certified social workers, licensed master social workers, and licensed social workers or their secretaries, clerks, and stenographers. No licensed certified social worker, master social worker, or his or her secretary, stenographer or clerk may disclose any information he or she may have acquired from persons consulting them in their professional capacity except these professionals shall not be required to treat as confidential a communication that reveals the contemplation for a crime or a harmful act.

Permissive via statute but interpreted by case law as Mandatory; Applies to: Psychotherapists and all professionals included in the definition of Psychotherapists.

Provides the definition of the persons who qualify as a psychotherapist or persons who the patient reasonably believes is a psychotherapist. A communication between a patient and an educational psychologist shall be privileged to the same extent, and subject to the same limitations, as a communication between a patient and a psychotherapist.

There is no privilege under this article if the services of the psychotherapist were sought or obtained to enable or aid anyone to commit or plan to commit a crime or a tort or to escape detection or apprehension after the commission of a crime or a tort. There is no privilege if a psychotherapist has reasonable cause to believe that the patient is in such mental or emotional condition as to be dangerous to himself or to the person or property of another and that disclosure of the communication is necessary to prevent the threatened danger.

There is no liability for a psychotherapist as defined by section except if the patient has communicated to the psychotherapist a serious threat of physical violence against a reasonably identifiable victim or victims. Details authorization for compelled or permitted disclosure of medical information. Provides that a physician, social worker, psychiatric nurse, psychologist or other mental health professional, a mental health hospital, a community mental health center, clinic, institution or their staff shall not be liable for damages in an civil action for failure to warn or protect any person against a patient's violent behavior.

Any such persons mentioned shall not be held civilly liable for failure to predict such violent behavior, except where the patient has communicated to the mental health provider a serious threat of imminent physical violence against a specific person or persons. This immunity does not cover negligent release of mental health patient information or the negligent failure to initiate involuntary seventy-two-hour treatment and evaluation after a personal patient evaluation determining that the patient appears to have a mental illness, and as a result of that illness would be an imminent danger to others.

All communications between a client and a psychologist are privileged unless consent is given. Consent is not required if the psychologist believes in good faith that there is a risk of imminent personal injury to the client or other individuals or risk of imminent injury to the property of others.

Consent of a patient is not required for disclosure of information if the psychiatrist determines that there is a substantial risk of imminent physical injury by the patient to himself or others, or if over the course of treatment of the patient the psychiatrist finds it necessary to disclose information for the purpose of placing the client in a mental health facility by certification, commitment, or otherwise. Disclosure of protected health information without informed consent of the patient is allowed to the extent necessary in an emergency to protect the health or life of the patient from serious, imminent harm.

This duty can be discharged by 1 notifying a law enforcement agency near the potential victim's residence or near the patient's residence of the threat of death or serious bodily injury to the clearly identified victim or victims; or 2 arranging for immediate voluntary or involuntary hospitalization in a timely manner. Provides for immunity from a cause of action for disclosing confidential information to prevent harm. Hospitals and other facilities have the same responsibilities regarding past threats of patients set to be released. No clinical social worker shall be required to treat as confidential a communication from a person that reveals the planning of any violent crime or act.

Mental health information may be disclosed on an emergency basis to: the client's spouse, parent, or legal guardian, a duly accredited officer or agent of D. Pretrial Services Agency, The Court Services and Offender Supervision Agency, a court exercising jurisdiction over the client as a result of a pending criminal proceeding, emergency medical personnel, an officer authorized to make arrests in D.

Any disclosure shall be limited to the minimum necessary to seek hospitalization or otherwise protect the client or another individual from a substantial risk of imminent and serious physical injury. If such a declaration is made an administrator may authorize the release of sufficient information to provide adequate warning to the person threatened with harm by the patient.

Any facility or private mental health practitioner who acts in good faith in releasing information under this section are not subject to criminal or civil liability.

Communications between a patient and a psychiatrist are confidential except 1 where a patient is engaged in a treatment relationship and 2 has made an actual threat to physically harm an identifiable victim or victims and 3 the psychiatrist makes a clinical judgment that the patient has the apparent capability to commit such an act and that it is more likely than not that in the near future the patient will carry out the threat.

Under those circumstances the psychiatrist may disclose patient communications necessary to warn any potential victims or to communicate the threat to law enforcement. No civil or criminal action shall be instituted and there is no liability on account of the disclosure to prevent harm. Any communication between a licensed psychologist and a client is confidential unless waived when there is a clear and immediate probability of physical harm to the patient or client, to other individuals, or to society. The psychologist can communicate information only to the potential victim, appropriate family member, or law enforcement or other appropriate authorities.

Any communications between psychotherapists or counselors and patients are confidential but may be waived when in the clinical judgment of the professional there is a clear and immediate probability of physical harm to the patient, to other individuals, or to society. The professional may communicate information to the potential victim, appropriate family member, or law enforcement or other appropriate authorities. The professional is immune from liability for disclosure under this section.

Duty to protect when a hospitalized patient makes threats and is released negligently. Georgia Rules of the State Board of Examiners of Psychologists have a provision allowing for discretionary disclosure of confidential information to protect the client, the psychologist or others from harm.

This does not have the force of statutory law. Wessner Ga. The case involved a hospitalized patient who had made threats and was released. The provider and facility failed to continue exercising control over the patient. Subsequent case law has enforced confidentiality laws in actions against providers for providing warnings. There is no privilege under this rule as to a communication reflecting the client's intent to commit a criminal or tortuous act that the psychologist reasonably believes is likely to result in death or substantial bodily harm.

The duty to warn arises when a patient has communicated an explicit threat of imminent serious physical harm or death to a clearly identified or identifiable victim or victims, and the patient has the apparent intent and ability to carry out such a threat. Mental health professionals must make a reasonable effort to communicate, in timely manner, the threat to the victim and notify the law enforcement agency closest to the patient's or victim's residence and supply a requesting law enforcement agency with any information concerning the threat. When and to the extent necessary in the therapists sole discretion, disclosure is necessary to warn or protect a specific individual against whom a recipient has made a specific threat of violence where there exists a special relationship.

Any physician, clinical psychologist, or qualified examiner is immune from failure to warn or protect from a patient's threatened or actual violent behavior except where the patient has communicated a serious threat of physical violence against a reasonably identifiable victim or victims. This duty can be discharged by making a reasonable effort to communicate the threat to the victim or to a law enforcement agency, or to hospitalize the patient. A mental health service provider is immune from civil liability to persons other than the patient for failing to predict or warn or take precautions to protect from a patient's violent behavior unless the patient has communicated an actual threat of physical violence or other means of harm against a reasonably identifiable victim or victims; or evidences conduct or makes statements indicating an imminent danger that the patient will use physical violence or other means to cause serious personal injury or death to others.

See Anthony v. State N. See case law for interpretation. Duty does not arise if the victim already knows of the danger. If a duty does arise as defined by case law, it appears to create a permissive standard. See Schmidt v. HTG, Inc. Pol, Kan. Mental Health Professionals including professions defined by section; Mandatory if a duty arises under specific provisions.

A mental health professional or a person serving in a counselor role shall be immune from liability for failing to predict, warn, or take precautions to provide protection from a patient's violent behavior unless the patient has communicated an actual threat of physical violence against a clearly or reasonably identifiable victim or unless the patient has communicated an actual threat of some specific violent act.

The duty to warn is discharged by making reasonable efforts to communicate the threat to the victim and to notify the law enforcement office closest to the patient's and the victim's residence.