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Confidentiality
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The foundation of safe therapy.
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Privileged communication
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Legal concept that generally bars the disclosure of confidential communications in a legal procedding.
thereapists can refuse to answer questions in court or refuse to produce a lient's records in court
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Privacy
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As a matter of law, refers to the constitutional right of an individual to decide the time, place, manner, and extent of sharing oneself with others
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Mandatory reporting
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Designed to encourage reporting of any suspected cases of child, elder, or dependent-adult abuse; thus, therapists are advised to err on the side or reporting in uncertain circumstances
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Health Insurance Portability and Accountability Act of 1996 ( HIPAA)
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Passed by Congress to promote standardization and efficiency in the health care industry and to give patients more rights and control over their health information.
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3 types of covered entity
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1. health plans
2.health care clearinghouses
3. health care providers who transmit health information by electronic means
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Duty to warn
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When a therapist determines, or pursuant to the standards of his progession should determine, that his patient presents a serious danger of violence to another, he incurs and obligation to use reasonable care to protect the intended victim against such danger
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Reportable abuse
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If children, the elderly, or other dependent adults disclose that they are being abused or neglected, the professional is required to report the situation under penalty of fines and imprisonment. If adults reveal in a therapy session that they are abusing or have abused their children, the matter must be reported.
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Duty to protect (suicide)
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Therapists have a legal duty to protect suicidal clients
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Physical abuse
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Involves the use of physical force that often results in bodily injury, physical pain, or impairment
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Sexual abuse
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Consists of nonconsensual sexual contact of any kind with an elderly person
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Psychological or emotional abuse
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Involves inflicting anguish, pain, or distress through verbal or nonverbal acts
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Neglect
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The failure of caregivers to fulfill their responisibilites to the elderly
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Abandonment
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Involves the desertion of an elderly person by a person who has assumed responisibility for being a caregiver
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Financial or material exploitation
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Defined as the illegal or improper use of an elder's funds, property, or assets
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