Free CA MFT Law & Ethics Exam Flashcards

Before beginning treatment, a therapist must disclose their license/registration type and number and provide fee information, including a good-faith estimate, so clients can make informed decisions about starting care.

Informed consent authorizes treatment and must explain the nature and anticipated course of therapy, confidentiality and its limits, and the client's right to decline or withdraw, so the decision to proceed is truly voluntary.

Under Family Code Section 6924, a minor age 12 or older may consent to their own outpatient mental health treatment if the professional finds them mature enough to participate intelligently. AB 665 (effective July 1, 2024) removed the earlier requirement that the minor also be a danger to self/others or an abuse victim.

The patient (client) holds the privilege under Evidence Code Section 1014, not the therapist — only the client can waive it, except where a statutory exception applies.

Confidentiality is the broad ethical/legal duty not to disclose client information; privilege (Evidence Code 1014) is the client's narrower legal right to block the therapist's testimony about confidential communications in court and other legal proceedings.

Under Health and Safety Code Section 123115, a client generally has a right to their record, but the therapist may provide a summary instead of the raw psychotherapy notes if access would have a detrimental effect on the client.

Under Evidence Code Section 1016, privilege does not protect communications when the client puts their own mental or emotional condition at issue in litigation (e.g., suing for emotional distress) — their treatment records may then be discoverable.

Assert the psychotherapist-patient privilege on the client's behalf, notify the client of the subpoena, and withhold records absent the client's written authorization or a valid court order compelling disclosure.

Under the Child Abuse and Neglect Reporting Act, a mandated reporter must act on 'reasonable suspicion' of child abuse or neglect — proof or certainty is not required.

Make an initial report by telephone immediately or as soon as practically possible, then submit a written follow-up report (Form SS 8572) within 36 hours of the initial telephone report.

Yes — Penal Code Section 11165.7 lists LMFTs, along with other mental health professionals, teachers, and law enforcement, among mandated reporters of known or suspected child abuse and neglect.

Welfare and Institutions Code Section 15610.23 defines a 'dependent adult' as a person age 18-64 with physical or mental limitations restricting their ability to carry out normal activities or protect their rights; suspected abuse of dependent adults and elders must be reported under WIC Section 15630.

Conduct and document a thorough suicide risk assessment (intent, plan, means, history, protective factors) and develop a safety plan; ideation alone does not automatically require an involuntary hold.

When a client communicates a serious threat of physical violence against a reasonably identifiable victim, the therapist must take reasonable steps to protect that victim (e.g., warning them and/or notifying law enforcement). Codified at Civil Code Section 43.92, which also grants good-faith immunity from monetary liability.

Only peace officers and county-designated mental health professionals may initiate a Welfare and Institutions Code Section 5150 hold (up to 72 hours for danger to self, danger to others, or grave disability); a treating LMFT is generally not authorized to write one but can request an evaluation.

Generally no — domestic violence between competent adults is not a mandated report unless the victim is an elder/dependent adult or the injury involves a firearm or deadly weapon (Penal Code Section 11160); therapists should still provide safety planning and resources.

Business and Professions Code Section 4980.02 authorizes LMFTs to provide psychotherapy and counseling to individuals, couples, families, and groups for the diagnosis and treatment of mental and emotional disorders; it does not authorize prescribing medication.

It is criminal sexual exploitation under Business and Professions Code Section 729 (a wobbler, chargeable as a misdemeanor or felony) and is separately grounds for BBS discipline as unprofessional conduct under BPC Section 4982(k).

An LMFT must wait a minimum of 2 years after terminating therapy before any sexual or romantic relationship with a former client, and even then it may still be found exploitative or unethical under CAMFT ethics.

California LMFTs must retain adult clients' records for a minimum of 7 years after termination of therapy (BPC 4980.49(a)); for minor clients, records must be retained for a minimum of 7 years from the date the minor reaches age 18 (BPC 4980.49(b)) - i.e., until roughly age 25.

Advertisements must include the therapist's license (or registration) number and must not be false, misleading, or deceptive about qualifications, credentials, or services offered.

California law prohibits an LMFT from paying or accepting money or other consideration in exchange for client referrals — an anti-kickback rule that protects clients from referrals driven by financial incentive rather than clinical fit.

Refer the client to a qualified provider, or obtain the necessary consultation, supervision, or training, before continuing to treat a presenting problem that falls outside your competence.

CAMFT ethics require therapists to build awareness of their own biases, knowledge of diverse cultural backgrounds, and skills for culturally responsive treatment, and prohibit discrimination in professional services.

Identify and manage situations where personal, financial, or other interests could impair objectivity or exploit the client, disclosing and resolving the conflict before it compromises care.

Entering a business partnership with a current client is a prohibited dual relationship because it creates competing roles (therapist and business partner) that risk exploitation and loss of objectivity.

CAMFT ethics counsel declining significant gifts and exploring their therapeutic meaning with the client, rather than accepting them without reflection, since a large gift can signal or create a boundary problem.

Seek consultation, supervision, or personal therapy to manage the feelings and protect clinical judgment; acting on the attraction during the professional relationship is never appropriate.

Therapists must monitor how their own values, beliefs, and reactions could bias treatment, and manage that impact so client care and objectivity are preserved.

A therapist who recognizes that substance use or a personal/psychological problem may impair their clinical effectiveness must seek professional assistance and, if necessary, limit, suspend, or terminate their practice responsibilities.

...understand their treatment and alternatives and to withdraw consent at any time — clients cannot be locked into treatment they no longer agree to.

Before starting treatment, evaluate the client's relationship with the other provider to avoid confusing or duplicating services, and coordinate care when appropriate.

Ethically prohibited — a therapist may not accept payments or incentives (e.g., from an insurer) for withholding or limiting medically or psychologically necessary care.

Establish and follow a clear confidentiality policy (e.g., no-secrets or limited-secrets) at the outset of couples/family therapy so all parties know how individually disclosed information will be handled.

Take steps to minimize harm to the client and address the cause of the breach, applying the same care to confidentiality during consultations with colleagues and interactions with third-party payors.

The therapist must manage the immediate safety need (e.g., risk assessment, safety planning, or a higher level of care) to protect the client and others, documenting the clinical reasoning behind the response.

The therapist must still comply with the legal mandate (e.g., mandated reporting) while working to protect the client's best interest within that constraint — a legal obligation overrides a competing ethical preference when the two directly conflict.

Refer to qualified professionals when a client's needs exceed the therapist's competence or require specialized services, and manage the transfer carefully to protect continuity of care.

Notify clients and provide options, such as referrals or coverage, to minimize disruption to their care whenever services must be interrupted or discontinued.

End services when treatment is no longer needed or beneficial, when the client requests it, or when the therapist cannot provide competent care — always with adequate notice and referrals to prevent client abandonment.

Clients have the ethical right to make their own treatment decisions and choices; the therapist's role is to support informed decision-making, not to override client autonomy.

Therapists are ethically expected to advocate with and on behalf of clients to help them obtain resources and services that meet their mental health needs, including collaborating with multidisciplinary teams.

Maintain confidentiality and competence when using technology, be prepared to manage emergencies and technology disruptions remotely, and secure how client information is gathered, stored, and transmitted electronically.

Fee and payment policies must be disclosed up front, commensurate with the services provided, and collected in a manner consistent with ethical standards — including how unpaid balances are handled.

Accepting goods or services as payment is ethically constrained — it must not exploit the client, create a conflicting dual relationship, or compromise the clinical relationship.

Ethical standards restrict soliciting or using client testimonials/endorsements and recruiting clients through employment or professional associations in ways that could be misleading or exploitative.

Records must document services consistent with clinical best practices, be protected from unauthorized access, and support the client's right to access and understand their own treatment information.

Clarify which capacity you are acting in to avoid confusion or conflicting dual roles — for example, a treating LMFT should not also serve as the court's custody evaluator for the same family.

CAMFT ethics direct the therapist to first address the concern informally with the colleague when appropriate, and to report to the BBS if that fails or the situation is serious enough to protect the public.

Supervisors hold distinct ethical responsibilities toward the Associates (AMFTs) they oversee, including providing adequate oversight, documenting supervision, and upholding professional standards throughout the supervisory relationship.