Free CA LCSW Law & Ethics Exam Flashcards

The patient, or a guardian or conservator if one exists, or the personal representative if the patient has died (Evidence Code 1013). The LCSW never holds it, and under Evidence Code 1015 must claim it on the patient's behalf whenever present.

Confidentiality is the continuing duty not to disclose what a client tells you. Privilege is the narrower evidentiary rule (Evidence Code 1014) letting the patient block disclosure in a legal proceeding. A release waives confidentiality; only the holder waives privilege.

Assert the privilege; do not release the records. A subpoena is not authorization. Release only on the holder's valid written authorization, a court order, or a statutory exception. Notify the client and seek legal consultation on how to respond.

12, if the treating professional finds the minor mature enough to participate intelligently (Family Code 6924). Treatment must involve the parent or guardian unless the clinician decides involvement is inappropriate, and that decision or contact attempt must be documented in the record.

Inspection during business hours within five working days of the request; paper or electronic copies transmitted within 15 days, for a reasonable cost (Health and Safety Code 123110). Willful violation of that chapter is unprofessional conduct under Business and Professions Code 4992.3(z).

Only if the LCSW meets that jurisdiction's requirements to practice there and that jurisdiction permits telehealth delivery (16 CCR 1815.5(e)). Conversely, anyone providing telehealth to a client physically located in California must hold a current BBS license or registration (16 CCR 1815.5(a)).

Consent to telehealth, obtained verbally or in writing and documented (Business and Professions Code 2290.5(b)); and your license or registration number plus the type of license (16 CCR 1815.5(c)). Also explain telehealth's risks and limits and document local emergency resources.

That the associate is unlicensed and is under the supervision of a licensed professional (Business and Professions Code 4996.18(g)). This is a legal disclosure duty rather than a courtesy, it applies to every client, and it precedes the first service.

Telephone the agency immediately or as soon as practicably possible, then send a written follow-up report within 36 hours (Penal Code 11166(a)). Both steps are required. Failing to report is a misdemeanor and separately unprofessional conduct under Business and Professions Code 4992.3(x).

No. Reasonable suspicion is enough, meaning objectively reasonable grounds given the facts and your training and experience (Penal Code 11166(a)(1)). Certainty and medical confirmation are not required. A minor's pregnancy alone is not a basis for suspecting sexual abuse.

Report by telephone or the confidential internet tool immediately or as soon as practicably possible; if reported by phone, send the written report within two working days (Welfare and Institutions Code 15630(b)(1)). Note the contrast with child abuse's 36-hour deadline.

Only when the patient has communicated to the therapist a serious threat of physical violence against a reasonably identifiable victim (Civil Code 43.92(a)). A vague threat, or a threat with no identifiable victim, does not trigger the duty.

By making reasonable efforts to communicate the threat both to the victim and to a law enforcement agency (Civil Code 43.92(b)). Doing both earns immunity from monetary liability. Contacting only one of the two does not discharge the duty.

That the patient is in a mental or emotional condition dangerous to themselves, or to another person or their property, and that disclosure is necessary to prevent the threatened danger (Evidence Code 1024). This is an evidentiary exception, distinct from the Civil Code 43.92 duty.

It is gone for communications relevant to that condition. Evidence Code 1016 removes the privilege once the patient, or a party claiming through them, tenders their mental or emotional condition as an issue. Claiming emotional damages opens the therapy record.

As a result of a mental health disorder the person is a danger to others, a danger to themselves, or gravely disabled. A peace officer or a county-designated professional person may then, on probable cause, hold them up to 72 hours for assessment, evaluation, and crisis intervention (Welfare and Institutions Code 5150).

Your first and last name as filed with the Board, the title Licensed Clinical Social Worker or LCSW, and the license number (16 CCR 1811, operative April 1, 2026). Advertising that is false or misleading is separately unprofessional conduct.

No. The abbreviation may appear only if the full title Registered Associate Clinical Social Worker also appears (16 CCR 1811(a)(2)(E)). Registrants must additionally name their employer or volunteer site and state that they are supervised by a licensed person.

At least seven years from the date therapy terminated; for a minor client, at least seven years after they turn 18 (Business and Professions Code 4993). Written or electronic storage is acceptable. The rule covers therapy terminated on or after January 1, 2015.

Before treatment commences. Disclose the fee, or the basis on which it will be computed. Failing to do so is unprofessional conduct under Business and Professions Code 4992.3(o), independent of whether the client was actually overcharged.

No. Paying, accepting, or soliciting anything of value for referring clients is unprofessional conduct (Business and Professions Code 4992.3(p)). Payment must relate to services actually provided. Licensees may collaborate on a case, but may charge no fee for the collaboration unless it was disclosed before treatment under 4992.3(o).

Give the client the state brochure on therapist sexual misconduct and discuss it with them (Business and Professions Code 728). Failure is unprofessional conduct. Reporting the previous therapist is not mandated; the disclosure stays confidential without the client's written authorization.

Practicing beyond the competence established by your education, training, and experience is unprofessional conduct (Business and Professions Code 4992.3(t)). Obtain training, supervision, or consultation before proceeding, or refer the client to a qualified professional (NASW Code of Ethics 1.04 and 1.16).

Sexual relations with a current client, or with a former client within two years of termination, is unprofessional conduct (Business and Professions Code 4992.3(l)). The NASW Code of Ethics 1.09 bars sexual activity with current clients under all circumstances.

Business and Professions Code 729 makes sexual intercourse, oral copulation, sodomy, or sexual contact by a psychotherapist with a patient the public offense of sexual exploitation. A first offense with one victim carries up to six months in county jail, a $1,000 fine, or both.

Not every dual relationship is barred, but the social worker carries the burden of setting clear, appropriate, culturally sensitive boundaries and avoiding exploitation or impaired judgment (NASW Code of Ethics 1.06). Anticipate the overlap, discuss it with the client, and document the reasoning.

Manage the reaction so it does not impair objectivity: seek consultation or supervision, and address your own loss in your own treatment. Referral is the answer only when the impairment cannot be managed and the client's care is at risk.

Using alcohol or a controlled substance to a degree that impairs the ability to practice safely is unprofessional conduct and grounds for discipline (Business and Professions Code 4992.3(c)). NASW Code of Ethics 4.05 requires seeking help immediately and adjusting or stopping practice.

Understanding culture and structural oppression, actively obtaining education about the groups you serve, and practicing with cultural humility (Standard 1.05). Discrimination on grounds such as race, ethnicity, immigration status, gender identity, or disability is separately prohibited.

Use it only after appropriate study, training, consultation, or supervision from someone competent in that intervention. If the technique is emerging and no such training exists, take steps to protect clients from harm. Otherwise refer the client to a qualified provider.

Understandable information about purpose, risks, limits, costs, and reasonable alternatives; a genuine opportunity to ask questions and to refuse; and consent given voluntarily rather than under pressure (NASW Code of Ethics 1.03). Consent may be withdrawn at any time.

Seek permission from an appropriate third party acting in the client's interest, while still informing the client at a level they can understand and seeking their assent (NASW Code of Ethics 1.03(c)). Standard 1.14 adds the duty to safeguard the rights and interests of clients who lack decision-making capacity.

Every adult in the treatment unit. One partner cannot waive confidentiality for the other, so a release signed by only one is insufficient. Define at intake who the client is and how individually disclosed information is handled, and put it in the consent.

Carefully weigh the client's needs and the risk of confusion, duplication, or conflicting treatment before agreeing to provide services. Discuss the existing treatment with the client and, with their authorization, coordinate with the current provider. Taking over without coordination invites split care and undermines the other clinician's work.

Refuse. A payment for withholding or limiting care is a conflict of interest that puts the clinician's financial gain ahead of the client's needs (NASW Code of Ethics 1.06(a)). Treatment decisions must follow clinical need. Disclose coverage limits to the client and advocate with the payer for needed care.

Only when, in the social worker's professional judgment, the client's actions or potential actions pose a serious, foreseeable, and imminent risk to themselves or others (NASW Code of Ethics 1.02). Simply disagreeing with the client's choice is not sufficient grounds.

No. Abrupt termination risks abandonment. Assess needs, give notice, and arrange referral or continued care first (NASW Code of Ethics 1.17). Nonpayment can justify termination only when the client poses no imminent danger and the arrangement was discussed up front.

When they are no longer required or no longer serve the client's needs or interests (NASW Code of Ethics 1.17). Ending services to pursue a social, financial, sexual, or other personal interest with the client is prohibited outright.

Advance arrangements for continuity of care: notification of the interruption, transfer or referral, and records that stay accessible (NASW Code of Ethics 1.15). The duty runs to the client's ongoing care, not merely to closing the practice.

Only the minimum necessary for the consultation. Do not disclose identifying information unless the client has consented or there is a compelling need, and consult only colleagues with demonstrated competence in the subject (NASW Code of Ethics 1.07 and 2.05).

Raise the disagreement through appropriate team channels first (NASW Code of Ethics 2.03). If it stays unresolved, pursue other avenues that address the client's well-being, such as a supervisor, an ethics committee, or administrative review. Silent compliance is not acceptable.

A duty to act, not a preference. Advocate with agencies, payers, and systems to obtain the resources the client's mental health needs require, and work toward changing the policies and conditions that block access.

Verbally obtain and document the client's full name and the address of their present location, and assess whether telehealth remains appropriate for them (16 CCR 1815.5(d)). Both steps repeat every session, not only at intake.

Only in exceptional circumstances, with compelling evidence that access would seriously harm the client, and the request and rationale must be documented (NASW Code of Ethics 1.08). California law matches: refuse only for a substantial risk of significant adverse consequences and offer the records to a licensed professional the client designates (Health and Safety Code 123115(b)).

Only in narrow circumstances: bartering must be an accepted practice in the community, essential to service delivery, negotiated without coercion, and entered at the client's initiative with informed consent (NASW Code of Ethics 1.13). The social worker bears the burden of showing no harm.

Weigh its monetary value, cultural meaning, the client's motive, and the effect on the treatment relationship. A token gift may be accepted when refusing would harm the work; anything of substantial value risks exploitation and boundary confusion. Document the decision and the discussion.

Not from current clients. Soliciting testimonial endorsements from current clients, or from anyone vulnerable to undue influence, is prohibited (NASW Code of Ethics 4.07(b)). California separately makes false, fraudulent, misleading, or deceptive advertising unprofessional conduct (Business and Professions Code 4992.3(q) and 651).

Fees must be fair, reasonable, and mindful of ability to pay, and collection efforts must not disclose confidential information or coerce the client. Disclose the collection policy up front, alongside the fee disclosure Business and Professions Code 4992.3(o) requires before treatment begins.

Consult with the colleague when feasible and help them take remedial action (NASW Code of Ethics 2.08). If they do not act, pursue channels established by employers, licensing boards such as the BBS, or professional organizations. Staying silent is not an option.

Uninsured or self-pay clients, under the federal No Surprises Act (45 CFR 149.610). Provide the written estimate within three business days of a request, or within one business day of scheduling when the appointment is at least three business days away. Nothing is required for appointments scheduled sooner.