California Standards Training Group 3

CALIFORNIA
STANDARDS
TRAINING
Mckayla Loughrey, Natalie Baeza, Yesenia Diaz, Nathalie Martinez, and
Vanessa Raheja

1
TABLE OF CONTENTS
Nathalie Martinez
Subpoenas
Mckayla Loughrey
Requirements for
child abuse reporting
Requirements for
elder abuse reporting
Vanessa Raheja
Dual Relationships
Vanessa Raheja
3
2
4

5
TABLE OF CONTENTS
Natalie Baeza
Laura’s Law
Natalie Baeza
Tarasoff Ruling
Ewing Rulings
Nathalie Martinez
Goals of HIPAA
Yesenia Diaz
7
6
8

9
TABLE OF CONTENTS
Mckayla Loughrey
Yourself as a “Covered
Entity” in HIPAA
Yesenia Diaz
E-Therapy in
California
10

What is a Subpoena How to Respond What to Do
TRAINING
A subpoena is a mandate of
documents or a testimony on a
specific date and time. They can be
served via certified mail or in
person (Subpoenas, 2021).
California has specific timelines
that must be followed to ensure
the recipient has adequate time to
respond.
California subpoenas
Legal issues are bound to turn up while
in the social work field. Knowing how
and when it is appropriate to respond to
subpoenas will help you in the long run.
“It is important that social workers know
how to properly respond to a subpoena
in order to avoid breaching a client’s
confidentiality, the filing of professional
complaints and lawsuits, or HIPAA
violations” (Felton & Polowy, 2015).
Click here to learn more
The most important thing to do is to
know your rights and protection of
yourself. First step that should be
taken is to contact an attorney. Never
ignore it. Because there are many
different types of subpoenas, so
failing to comply with a court ordered
one could result in prison time.
(Singer, 2012)
Listen to this podcast to learn more

EXAMPLE
Roberts v. Superior Court was a court case where a therapist was subpoenaed
to testify and release documents of his patient, Roberts. Roberts was riding in
the car with the defendant, when they got into an accident. Her injuries
totalled over $125,000 and her claimed was that the driver (defendant) had
physical and mental disabilities (Roberts V. Superior Court, 1973).
Dr. Ernest W. Ely refused to supply the court with documents when he testified.
It was deemed that her mental state was not a cause of the accident. He
invoked evidence code § 1014, which is therapist-patient privilege in the state
of California.
Under section IA. Confidentiality, Privilege, and Consent, task statement 3
states that “Comply with legal requirements regarding the disclosure of
privileged information to protect client’s privacy in judicial/legal matters
(California Board of Behavioral Science, 2016, p. 12).

ASSIGNMENT
You were just served a subpoena to testify in your clients
child custody case. Your client’s (the defendant), mental
state has come into question as to if they have the
capacity to be a parent.
What steps do you take after receiving this information?
What ethical standard(s) or laws support your claim?

Requirements for Child
Abuse Reporting
2

Training
Who are mandated reporters?
Mandated reporters are professionals
who have regular contact with children
and are therefore legally required to
report suspected child abuse(CDSS,
n.d). In California there are 46
professions defined as mandated
reporters. The full list of mandated
reporters can be found in Section
11165.7 of the Penal Code (CDSS, n.d).
Check this website for more
information:
What You Should Know About Mandated
Reporting (ca.gov)
California Penal Code (PC 11165) defines
child abuse as any of the following:
• A child is physically injured by other
than accidental means;
• A child is subjected to willful cruelty or
unjustifiable punishment;
• A child is abused or exploited sexually;
• A child is neglected by a parent or
caretaker who fails to provide adequate
food, clothing, shelter, medical care or
supervision (CDSS, n.d).
Check this article for more information:
2020-DLE-17 Reporting Obligations Under
the Child Abuse and Neglect Reporting Act
(ca.gov)
Reporting Obligations Under the Child
Abuse and Neglect Reporting Act (CANRA)
The Child Abuse and Neglect Reporting Act
(CANRA) pursuant to California Penal Code, §
11164 et seq., seeks to protect children and
youth from abuse and neglect in any aspect
of theirs lives (including but not limited to
their home, school, religious worship, and
extracurricular activities such as sports,
scouting, etc.) (Becerra, 2020).
Check this video for more information:
Who are required "Mandatory Reporters" in
California? - Bing video

California Department of Social Services has a lot of information and resources that include:
● One Page Reporting Tip Sheet
● Report Suspected Child Abuse or Neglect
● California Suspected Child Abuse Report Form 8572
● 8572 Instructions
● Promotional Materials
● What You Should Know About Mandated Reporting
In their website you can also check out a free training for mandated child abuse reporters, so they may continue their
obligations appropriately, correctly and recognize their crucial role in the lives of children and families. The general
training module is all inclusive, non-profession specific, and should be taken by every Mandated Reporter. This program
will provide an overview of the significant definitions, requirements and protections of the California Child Abuse &
Neglect Reporting Act CDSS, n.d).
To be able to complete the training check this resource:
Child Abuse Mandated Reporter Training (mandatedreporterca.com)

:
Who was Gabriel Fernandez?
The Trials of Gabriel Fernandez is a thorough and heartbreaking
examination of the systemic forces that allow child abuse to
flourish undetected in the United States. At the center of the
series is Gabriel Fernandez, an eight-year-old boy who died in
May 2013 after being severely abused and tortured by his
mother and her boyfriend, both of whom were arrested and
convicted for his death(Gajanan, 2020). By all accounts, based
on interviews in the series and news reports following his
death, Gabriel was — like most kids — a sweet child who liked
to be helpful and sought the love of his family. abriel’s well-
being took a devastating turn in 2012, when Pearl Fernandez
took him in, reportedly to gain welfare benefits, despite
concerns from her family that she was neglectful toward her
other children. After joining his mother and Aguirre, Gabriel
landed at a new school (Gajanan, 2020).

Who was Gabriel Fernandez?
Shortly after starting there, his teacher, Jennifer Garcia, sensed that
things were not okay at home. Garcia, who appears throughout the six-
part series, says that a couple weeks after he started in her classroom,
Gabriel asked her, “Is it normal for moms to hit their kids?” When she
pressed him, Gabriel asked if it was normal to be hit with a belt buckle. “Is
it normal for you to bleed?” he asked, according to Garcia(Gajanan, 2020)..
Garcia reported the exchange to the Los Angeles County child abuse
hotline and the case ended up with a social worker, Stefanie Rodriguez
(Gajanan, 2020). Aguirre was sentenced to death in 2018 while Pearl
Fernandez pleaded guilty to first-degree murder and received a life
sentence in prison without parole (Gajanan, 2020).
In Gabriel’s case, the four case workers who were supposed to look out
for him faced criminal charges after they were fired — a rare turn of
events for caseworkers, who are not typically charged for failing to
prevent abuse (Gajanan, 2020).

Assignment
:
Vignette:
Jane is a 14-year-old girl who has suffered with an unknown, serious medical condition for the past two years. Jane’s parents are
married and have a stable relationship. The marriage is a traditional one. The father works, and the mother stays home to care for the
children and the home. Jane is the youngest of five children in the family. Jane’s family has religious beliefs that prohibit medical
intervention of any sort. Instead, they rely on natural remedies and prayer. Although Jane and her parents have been able to manage her
medical condition for the past two years, Jane is beginning to have symptoms that create pain and discomfort. In fact, recently Jane had
such severe pain that her mother took her to an urgent care center, where the physician recommended hospitalization and surgery.
Because the family does not believe in traditional medical intervention, the mother declined, took Jane home, and told Jane not to
mention the urgent care visit to anyone. Two days later, after the father leaves for work and the rest of the children leave for school, the
mother goes into Jane’s room to check on her. Jane is non-responsive, and her breathing is shallow. The mother tries to revive her with
no result. She calls 911, and Jane is rushed in an ambulance to the hospital. An examination by an emergency physician determines that
Jane is in very critical condition, which could have been averted if her mother had admitted her to the hospital after the urgent care visit.
The physician calls child protective services, and the family is now under investigation. Jane remains in the hospital in the intensive care
unit.

A
S
S
I
G
N
M
E
N
T
Discuss:
● Which type(s) of neglect may be involved in
this case?
● Do you think neglect is occurring?
● Is there prior involvement with the child
welfare system?
● What does the law demand of you as a
mandated reporter?
● What ethical standards do you need to
follow as a mandated reporter here in
California?

Requirements for
elder abuse
reporting
3

How is Elder
Abuse Defined? CA Mandated
Reporter Law
Where to report
TRAINING
Abuse of an elder is abuse of:
● Someone 65 years old or older;
or
The law says elder or dependent adult
abuse is:
● Physical abuse, neglect, financial
abuse, abandonment, isolation,
abduction (taking the person out
of the state against his or her
will), or other behavior that
causes physical harm, pain, or
mental suffering;
AND/OR
● Deprivation by a caregiver of
things or services that the elder
needs to avoid physical harm or
mental suffering.
(California Courts, n.d.)
(b) (1) A mandated reporter who, in their
professional capacity, or within the scope of
their employment, has observed or has
knowledge of an incident that reasonably
appears to be physical abuse,, abandonment,
abduction, isolation, financial abuse, or
neglect, or is told by an elder or dependent
adult that they have experienced behavior,
including an act or omission, constituting
physical abuse, abandonment, abduction,
isolation, financial abuse, or neglect, or
reasonably suspects that abuse, shall report
the known or suspected instance of abuse by
telephone or through a confidential internet
reporting tool, as authorized by Section
15658, immediately or as soon as practicably
possible. If reported by telephone, a written
report shall be sent, or an internet report shall
be made through the confidential internet
reporting tool
(California Legislative Information, 1994)
Each California County has an Adult
Protective Services (APS) agency to
help elder adults (60 years and older).
APS services are available to any elder
(60 or older) who is believed to have
been a victim of abuse, neglect or
exploitation regardless of income at no
cost.
To report abuse, call this number 1-
833-401-0832 and when prompted
enter your 5-digit zip code to be
connected to the Adult Protective
Services in your county, 7 days a
week, 24 hours a day.
(CA Department of Social Services,
n.d.)
Cal. Welfare & Institutions Code § 15630

EXAMPLE
Steve is an LCSW who is contracted by Rose Garden Senior Center to provide
counseling to their residents. Mary is a 73-year-old widower who came to live at
Rose Garden about a year ago after her husband Tom passed away suddenly. Mary
initially began seeing Steve to help process Tom’s death but in a recent session she
expresses that she feels her daughter, Lisa, has completely taken over her life. It was
Lisa’s decision for Mary to come live at Rose Garden as Mary no longer drives and
Lisa did not want to be bothered by driving Mary around. Lisa forced Mary to sign
control of her house and finances over to Lisa to oversee. Lisa also got rid of Mary’s
beloved yorkie, Jake, without Mary’s approval despite that Rose Garden allows small
pets. Mary is distraught at having been separated from Jake so soon after Tom’s
passing and feels helpless against Lisa’s full control over Mary’s finances.I

Assignment
Should Steve call and report elder abuse in the case of Mary?
A. No, Mary is old and confused
B. No, he should talk with Lisa first.
C. Yes, he has reason to suspect elder financial abuse and is mandated by law to report.

NASW Code 1.06(c) -
Conflict of Interest
Sexual
Relationships/
Harassment
What is a dual
relationship?
TRAINING
Social workers should not engage in
dual or multiple relationships with
clients or former clients in which
there is a risk of exploitation or
potential harm to the client. In
instances when dual or multiple
relationships are unavoidable, social
workers should take steps to protect
clients and are responsible for setting
clear, appropriate, and culturally
sensitive boundaries. (Dual or
multiple relationships occur when
social workers relate to clients in
more than one relationship, whether
professional, social, or business. Dual
or multiple relationships can occur
simultaneously or consecutively.)
(NASW, 2021)
Therapists are trusted and respected
by their clients, and it is not
uncommon for
clients to admire and feel attracted to
them. However, a therapist who
accepts or
encourages the expression of these
feelings through sexual behavior with
the client—
or tells a client that sexual
involvement is part of therapy—
violates the therapeutic
relationship, and engages in conduct
that may be illegal and unethical.
(California Department of Consumer
Affairs, 2019)
According to the California Board of
Behavioral Sciences (BBS), it
is a relationship that occurs “when a
therapist allows a separate connection to
develop with a client outside the
boundaries of therapy.”
These harmful dual relationships can fall
into such categories as:
1. Social or personal
2. Sexual or improper physical contact
3. Business or financial
4. Caretaking
5. Improper gift giving or receiving
6. Interference with personal autonomy
or undue influence
7. Self-disclosure
8. Advocacy or enmeshment
9. Employment of patients or interns,
whether monetarily
or otherwise

EXAMPLE
Sarah is a Licensed Clinical Social Worker who has been working with 22-year-old John for the past 3
months. Jane is helping John with his Post-Traumatic Stress Disorder (PTSD) after having served in the
military for 4 years. John has expressed on several occasions that he finds Jane a very attractive woman.
Sarah has done her best to redirect John’s advances but admittedly she also feels attracted to John.
During their next session together, John presents Sarah with roses and asks her out for coffee. Sarah
initially declines informing John that this would be unethical given their professional relationship as
therapist and client. Johns response to this is to inform Sarah that this will not be a problem as he will
discontinue his services with Sarah after today and he has already found a new therapist.

Assignment
Is it ethical for Sarah to accept John’s invitation for coffee now that she will no longer be his therapist?
A. Yes, he is no longer her client.
B. Yes, but she should wait a month or two first.
C. No, code of ethics clearly states that she should not engage in a dual relationship even with a former client.

What Is Laura’s Law?
Laura's Law is California’s state law that provides community-
based, assisted outpatient treatment (AOT) to a small population of
individuals who meet strict legal criteria and who – as a result of
their mental illness – are unable to voluntarily access community
mental health services.The law is named for Laura Wilcox
(pictured), who was shot and killed at the age of 19 by a man with
untreated severe mental illness.
Participants are required to be 18 years old, suffering from a
mental illness and unlikely to survive safely in the community
without supervision, based on a clinical evaluation. They must also
have a history of repeated hospitalization or incarceration related
to their mental illness or have a history of violence to self or
others. (Laura’s Law, 2018)
(NAMI San Diego, 2016)
Click here to review
‘A Guide to Laura’s Law’
(A Guide to Laura’s Law. 3rd
Edition, 2009)

Example of Laura’s Law
Laura’s Law Vignette
Robert is a 55 year old homeless man, no known diagnosis. Robert appears disheveled, wearing dirty clothes and
smelling foul. Throughout the past year residents of a small suburban neighborhood have called local law enforcement six
times to intervene when he has wandered into their home and yards and urinated on their property. Robert has been non-
violent, however neighbors report they feel uncomfortable due to his poor hygiene and public urination. Robert has never
received any mental health services, and when approached by law enforcement and county mental health has refused to
communicate effectively declining all services. Robert has been charged with indecent exposure and trespassing.
Laura’s Law targets a subset of the population of people with mental illness who are falling through the cracks. There is
a portion of that population who do not accept treatment voluntarily because of “anosognosia,” the medical term for a lack of
awareness of their illness. As a result, they do not avail themselves of treatment services. This makes intuitive sense: if
someone subjectively doesn’t think they are ill, they will not seek out “unnecessary” treatment. That “lack of necessity” leaves
this population unengaged with treatment options until they are brought in through the involuntary system of care. In
California, as in other states, the current standards for involuntary hospitalization require the person to be a danger to self or
others, or be gravely disabled.
(California Legal History, Volume 10., 2015)

Take a Quiz!
● True or False: Laura's Law increases the use of force.
● True or False: Laura’s Law forces people to take medications with dangerous side-effects.
● True or False: AOT will lead to a roundup of mentally ill individuals who will be forced into treatment.
● True or False: Laura’s Law infringes on civil liberties.
● True or False: If there were more voluntary services, Laura’s Law would not be needed.
● True or False: Existing community programs serve the same people who would be served by Laura’s Law.
● True or False: Laura's Law doesn’t work.
● True or False: Laura’s Law does not confer any benefits beyond those of LPS (5150).
● True or False: Laura's Law is expensive.
● True or False: Laura’s Law will frighten consumers away from seeking voluntary services.
● True or False: Assisted Outpatient Treatment is not racially neutral.
● True or False: There is wide opposition to Laura’s Law.
● True or False: Mental Health Commissioners support Laura’s Law.
● True or False: Prop 63/Mental Health Services Act money can not be used to fund Laura’s Law.
(Myths About Laura’s Law, 2016)

What Is Tarasoff Ruling?
In Tarasoff v. Regents of the University of California (1976), the California Supreme
Court held that mental health providers have an obligation to protect persons who could be
harmed by a patient. The court's decision mandates that mental health professionals use
"reasonable care" in informing authorities or warning potential victims, initially referred to
as the "duty to warn," or by using whatever means deemed necessary, should they
determine that a patient poses a threat to a third party The duty to protect has proliferated
widely and has been adapted in some form throughout the United States. Forty years after
the Tarasoff ruling, the threshold of the duty to protect remains subjective, with no clear
set of clinical guidelines regarding when a breach of confidentiality is warranted, which
places mental health providers in a dubious position. (Adi, A. & Mathbout, M., 2018).
(Tarasoff v the regents of university of california case analysis, n.d.)
(Vaughn,2020)
What Can You Do?
(Tarasoff Statute, 2020)
Click here to learn more

Example of Tarasoff Ruling
It is your first session with a patient who has called for an appointment saying [he/she] has something urgent to
discuss. [He/She] shifts in [his/her] chair uncomfortably for the initial half-hour, Bull Am Acad Psychiatry Law, Vol. 22, No.
3, 1994 409 Goldman and Gutheil responding to your questions with only vague generalities. Finally, [he/she] exclaims, "I
can't take this anymore. I [used to work as an accountant for a supermarket chain, and last week before I left my job, I
embezzled $10,000. I fixed the books so no one will ever find out that the money is missing] [killed my ex-husband's/ex-wife's
lover last week. The body is hidden where no one will find it and the police don't even know he's/she's missing yet]. You are the
only person I've told. I don't want you to tell anyone else." For the rest of the session, you barely listen to the patient, as you
try to figure out how to handle this. The patient is adamant about your not revealing the [embezzlement/murder] and says
firmly that [he/she] has no intention of turning [himself/herself] in. At last, the session ends.
Questions:
Do you have a legal obligation to report the information that you have obtained about the [embezzlement/ murder] to the
police? Why or why not?
Taking into account whatever legal obligations you might or might not have, along with your ethical obligations as a mental
health professional. How would you respond to this situation?
(Goldman & Gutheil, 1994)

Take a Quiz!
Tarasoff Case Review #1
Paul comes to session very agitated and distressed because his best friend, a co-worker, just sent him a text message that he, the friend, was sitting outside their boss’ home with a
gun and was going to get even for the way the boss humiliated him earlier today at a staff meeting.
As a counselor, you should:
A-take action under Tarasoff
B-Encourage Paul to act but maintain confidentiality
C-Break confidentiality, although not required
D- Must carry out Tarasoff duty to protect since Paul is a credible 3rd party, the threat was imminent and the intended victim is identifiable.
The correct answer is B
A counselor has the responsibility to protect the public from the client’s dangerousness to others, Paul is not the party making threats in this case.
Counselors have no responsibility for the conduct of other people who are not their clients (unless a minor, dependent adult or elderly 65 y/o or older)
Tarasoff Case Review #2
Your client, Amanda, tells you that she just discovered her boyfriend cheated on her. She says that she has a gun and that she will kill him if he does not end the affair.
Legally you would:
A- Call the police and warn Amanda’s boyfriend
B- Suggest a session with the boyfriend
C- Maintain confidentiality
D-Initiate a 5150 since Amanda is a danger to others
The correct answer is C
Because the threat is conditional (“she will kill”) does not constitute imminent danger
Having a session with the boyfriend does not address the issue of the counselor’s legal responsibility in this situation
Maintaining confidentiality is what would be legally required of a therapist. There is NO mandate to break confidentiality because the threat is based on what may or may not take
place and without further information about Amanda, it is not clear that she presents a danger to self or others.
(Austin, n.d.)

Ewing Rulings
(“Duty to Warn” versus “Duty to Protect”)
7

Training
Original Ruling:
Originally, California Civil Code 43.92
clarifies the Tarasoff Statute and states,
with regard to the duty to warn “where
the patient has communicated to the
psychotherapist a serious threat of
physical violence against a reasonably
identifiable victim or victims” (Zur, 2022).
In these situations, the psychotherapist’s
duty is to make a “reasonable effort to
communicate the threat to the victim or
victims and to a law enforcement
agency.” Failure to act may also result in
potential civil liabilities (Zur, 2022).
Important New Ruling:
In July 2004 California Court Extends Tarasoff
Mandated Reporting Standard. Ewing v.
Goldstein is a recent California appeals court
decision that extended the interpretation of
the Tarasoff warning law (Zur, 2022). The
court expanded the definition of Civil Code §
43.92 to “include family members as persons
covered within the statute who, upon
communication to a therapist of a serious
threat of physical violence against a
reasonably identifiable victim, would trigger a
duty to warn” (Zur, 2022).
Implications for California:
Simply put, the court decision means that
therapists in California could be held
liable for failure to issue a Tarasoff
warning, when the information regarding
the dangerousness of one of their clients
comes from a patient’s family member
rather than the client (Zur, 2022).
When confronted with a Tarasoff
situation, consult with a legal expert and
document your clinical-ethical-legal
decision-making in detail (Zur, 2022).

Training
More information of the new ruling can be found in the website below. Some of the information
you might want to check are:
● Tarasoff Reconsidered: The Tarasoff rule has been extended to include threats disclosed by
family members. APA Monitor, 2005
● Ewing v. Goldstein (2004), Cal.App.4th
● Tarasoff duty to warn dual-relationships situations
● Ewing, Confidentiality and the Decision to Warn, CA Therapist, 2005
● Watcha’ Talking About Willis? The Duty to Warn Revisited The California Psychologist, 2012
Website:
Tarasoff and 'Ewing v. Goldstein' Statute in California, by Ofer Zur, Ph.D. (drzur.com)

:
Tarasoff v. Regents of the University of California Case Brief Summary
(Quimbee, 2020)

Evaluating risks:
● How do you decide whether a patient’s threats
are serious enough to warrant action?
● Your patient might express violent fantasies but
have no intention of following through with
them. What will you do?

What is HIPAA?
H: Health
I: Insurance
P: Portability
A: Accountability
A: Act
It is an act that was set in
place in 1996 that has
created a national
standard to protect all
individuals insurance and
health information.
● Keep individuals personal
insurance information private.
● Only release health information
records when is required by law
and if client request their medical
record.
● Follow guidelines to protect
personal health information.
What is the goal?
For more detailed information on HIPAA visit:
https://www.dcf.ks.gov/Agency/Documents/HI
PAA-Training.pdf

● Do not leave personal
information out with visible
information.
● Keep all personal information
secured.
● Do not release any personal
information without proper
written consent from patient.
How can I protect
HIPAA?
What are violations
of HIPAA?
● Failing to provide patients with their medical record
within 30 days of request.
Case Study example:
Private Practice Revises Process to Provide Access to Records
Covered Entity: Private Practices
Issue: Access
A private practice failed to honor an individual's request for a complete copy of her
minor son's medical record. OCR's investigation determined that the private
practice had relied on state regulations that permit a covered entity to provide a
summary of the record. OCR provided technical assistance to the covered entity,
explaining that the Privacy Rule permits a covered entity to provide a summary of
patient records rather than the full record only if the requesting individual agrees in
advance to such a summary or explanation. Among other corrective actions to
resolve the specific issues in the case, OCR required the covered entity to revise its
policy. In addition, the covered entity forwarded the complainant a complete copy
of the medical record. (hhs.gov, 2017)

Assignment
Identify if the following scenarios are in violation of HIPPA.
1) Jane prints client confidential health information and forgets it in the office printer. The
documents are left out in an unsecured space throughout the day in a high traffic hallway..
Has Jane violated HIPAA?
2) A client’s boyfriend contacts a health clinic his girlfriend attends regularly and request her
medical records due to her being admitted in a local hospital. The receptionist provides the
boyfriend with all of his girlfriend’s medical record without verifying if there is a signed
consent from the patient. Has the receptionist violated HIPAA?
3) A patient returns to a clinic to get his HIV test results. The waiting room is full with other
patients. The patient approaches the front desk and ask the receptionist if their results are
ready? Which at that point the receptionist loudly response “yes, your HIV test came back
positive”, it is clear that other individuals in the waiting room heard. Has the receptionist
violated HIPPA?
ANSWERS
1) Yes
2) Yes
3) Yes

Yourself as a “Covered Entity” in HIPAA
9

Who are the covered entities?
● Healthcare Providers: Any organization that uses electronic data to submit
claims, benefit eligibility, and referral.
● Health Plans: Health insurance, Dental, Vision, and prescription plans. HMO
insurances, EMployer sponsored health plan.
● Healthcare Clearinghouses: processing of patients non standard health
information and transforming into a standard size.
● Business associates: Claim processing, Data analysis, Utilization review, Billing

When is it permitted to to use and disclose
information without a patient’s authorization?
● The privacy Rule allows the disclosure of PHI with written authorization from a
patient under the 12 National priority purposes.
1) Required by law
2) Public health activities
3) Victims of abuse, neglect, or domestic violence
4) Health oversight activities
5) Judicial and administrative proceedings
6) Law enforcement
7) Identification concerning a deceased person
8) Cadaveric organ, eye, and tissue donor
9) Research
10) Essential government functions
11) Prevent serious threat to health or safety
12) Workers compensation

Watch video to see an example of covered entity

Assignment
Benefit Claim Clinics
Dental Eligibility Health
Health
care
Plans Processing
Provid
ers
Referrals Vision

What is it Is it Safe How to be Safe
TRAINING
E-therapy is described as using
online methods to communicate
and interact with therapist. It can
only be used through a licensed
mental health provider. Services
come in many varieties such as
email, texting, chat rooms, virtual
reality, video conferencing, and
many others (Manhal-Baugus,
2001).
Learn more here
E-therapy has brought up many ethical
concerns. Is it effective? Are clients
confidentiality protected? What are
the risk? There are mixed views on the
subject, but there are many solutions
to concerns brought forth. Having a
plan, HIPAA compliant software, and
discussing the risk and benefits of
using technology are few ways to ease
the mind of providers and clients (Bob
Cooke & Jones, 2022).
Listen to this podcast for more insight
Being aware of ethics and laws
can help prevent future issues.
Issues range from dual
relationships, social media,
boundaries, and others (Doc
Snipes, 2022). Dr. Snipes gives a
powerpoint presentation that
looks at these concerns in depth.
Doc Snipes YouTube
Presentation on E-therapy

EXAMPLE
I started using e-therapy in 2020 when the pandemic started. My therapist
provided me with a HIPAA compliant app that gave me peace of mind. Each
session has a secure link that is sent to me directly. I was able to have each
session in the comfort of my own home. It also saved me time and money by
not having to drive an hour to and from appointments. She still worked from
her office and would scan the room to show me no one else was in the room.
All the notes she took were on paper, so I didn’t have any concerns of my
information being uploaded or sent to the wrong person.
Standard 2.01: Ethical Use of Technology to Deliver Social Work Services is a
coverall standard that states a social worker must abide by the same standards
as the Code of Ethics (NASW, 2021). Everything is the same, but it is just done
through technology. Discussing the risk and benefits, confidentiality,
professional boundaries, and ensuring that the client is comfortable with using
technology.

Assignment
1. True or False: As a social worker, it is okay for me to have a coworker sitting in the room as long as my client doesn’t
know.
2. True or False: After a session with a client, it is okay send them a private message to hang out.
3. True or False: I can conduct e-therapy sessions without my license.
4. True or False: Using Facebook Messenger is okay to use for sessions.
Click to see if your answers are correct
1. False
2. False
3. False
4. False

REFERENCES
Adi, A. & Mathbout, M. (2018). The Duty to Protect: Four Decades After Tarasoff. Psychiatry Online. https://psychiatryonline.org/doi/10.1176/appi.ajp-rj.2018.130402#pane-pcw-related
A Guide to Laura’s Law, 3rd Edition. (2009). The California Treatment Advocacy Coalition & The Treatment Advocacy Center.
https://docs.google.com/viewerng/viewer?url=https://mentalillnesspolicy.org/wp-content/uploads/lauraslawguidetac2009.pdf&hl=en_US
Austin, D. (n.d.). Counseling and Legal Issues. Slide Player. https://slideplayer.com/slide/12716175/
BBS News. (2005, Fall). [Electronic Version]. (14), 9.
Becerra, X. (December, 2020). Reporting Obligations Under the Child Abuse and Neglect Reporting Act.
2020-DLE-17 Reporting Obligations Under the Child Abuse and Neglect Reporting Act (ca.gov)
Bob Cooke, & Jones, J. (2022, January 13). The rise of online therapy | the therapy show. YouTube. https://www.youtube.com/watch?v=6nszXUIFkOk
Business Solutions Academy by JD Young Technologies. (2021, March 26). What is HIPAA? [HIPAA + Violation Penalties Explained] [Video]. YouTube.
https://www.youtube.com/watch?v=sNry7tMXlJw
California Board of Behavioral Science. (2016). Licensed clinical social worker california law and ethics examination CANDIDATE HANDBOOK [Ebook]. PSI licensure:certification.
https://drive.google.com/file/d/1_mfK9iTO8Pt8GZrpKrFECGNoyTOM4OnY/view
California Courts. (n.d.). Elder abuse. Elder Abuse - seniors_selfhelp. Retrieved February 11, 2023, from
https://www.courts.ca.gov/1058.htm?rdeLocaleAttr=en#:~:text=The%20law%20says%20elder%20or,pain%2C%20or%20mental%20suffering%3B%20OR
CA Department of Social Services (Ed.). (n.d.). Adult Protective Services. CA Department of Social Services. Retrieved February 11, 2023, from https://www.cdss.ca.gov/inforesources/adult-
protective-services
CA Department of Social Services (Ed.). (n.d.) Child Abuse Mandated Reporter Training. Retrieved February 11, 2023, from
Child Abuse Mandated Reporter Training (ca.gov)

REFERENCES
Cal. Welfare & Institutions Code § 15630. California Legislative Information. (1994). Retrieved February 12, 2023, from
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=WIC&division=9.&title=&part=3.&chapter=11.&article=3
California Legal History, Volume 10. (2015). Journal of the California Supreme Court Historical Society. https://www.cschs.org/wp-content/uploads/2022/01/Legal-Hist-v.-10-full-
text.pdf
California HIPAA Compliance for Small Entities. (2016, March 15). What is a Covered Entity # 2 [Video]. YouTube. https://www.youtube.com/watch?v=70TJ46z8p2I
Department of Consumer Affairs. (2019). Therapy Never Includes Sexual Behavior. Sacramento, CA; California Department of Consumer Affairs. Retrieved February 11, 2023, from
https://www.dca.ca.gov/publications/proftherapy.pdf.
Doc Snipes. (2022, July 5). E-Therapy and online counseling ethics 2022. YouTube. https://www.youtube.com/watch?v=bJeSH8sjpfg
Felton, E. M., & Polowy, C. L. (2015). Quick reference guide for responding to a subpoena. NASW.
https://www.socialworkers.org/assets/secured/documents/sections/mental_health/newsletters/SEC-NL-26815.MH-NL.pdf
Gajanan, M. (March 2020). The Heartbreaking Story Behind Netflix's Documentary Series The Trials of Gabriel Fernandez.
The Story Behind Netflix's Docuseries on Gabriel Fernandez | Time’
Goldman, M. J., & Gutheil, T. G. (1994). The misperceived duty to report patients' past crimes. The Bulletin of the American Academy of Psychiatry and the Law, 22(3), 407–410.
Health Insurance Portability and Accountability Act of 1996 (HIPAA). (n.d.). Retrieved February 11, 2023, from https://www.dcf.ks.gov/Agency/Documents/HIPAA-Training.pdf
Health Insurance Portability and Accountability Act of 1996 (HIPAA) | CDC. (n.d.). https://www.cdc.gov/phlp/publications/topic/hipaa.html
Laura’s Law. (2018). Treatment Advocacy Center. https://www.treatmentadvocacycenter.org/component/content/article/180-fixing-the-system/2009-lauras-law
Manhal-Baugus, M. (2001). E-Therapy: Practical, Ethical, and Legal Issues. CyberPsychology &Amp; Behavior, 4(5), 551–563. https://doi.org/10.1089/109493101753235142

REFERENCES
NAMI San Diego. (2016). Laura’s Law/ AOT In San Diego County. YouTube. https://www.youtube.com/watch?v=fZsXXiGf870
NASW. (2021). Standards for technology in social work practice. Retrieved February 3, 2023, from https://www.socialworkers.org/Practice/NASW-Practice-Standards-Guidelines/Standards-
for-Technology-in-Social-Work-Practice
Office of Child Abuse and Prevention. (2020). What you should know about mandated reporting. Retrieved February 11, 2023 from
What You Should Know About Mandated Reporting (ca.gov)
Office for Civil Rights (OCR). (2021, June 28). All Case Examples. HHS.gov. https://www.hhs.gov/hipaa/for-professionals/compliance-enforcement/examples/all-cases/index.html
Quimbee Channel. (2020). Tarasoff v. Regents of the University of California Case Brief Summary.
(31) Tarasoff v. Regents of the University of California Case Brief Summary | Law Case Explained - YouTube
Roberts v. Superior court. (1973, April 11). Justia Law. https://law.justia.com/cases/california/supreme-court/3d/9/330.html
Shouse Law Group (July, 2020). Who are mandatory reporters in California? Retrieved from
Who are required "Mandatory Reporters" in California? - YouTube
Singer, J. B., PhD. (2012, December 18). Social workers in court: Interview with allan barsky, JD, MSW, PhD. https://socialworkpodcast.blogspot.com/2012/12/social-workers-in-court-
interview-with.html
Subpoenas. (2021). State of California. https://www.dgs.ca.gov/OAH/Case-Types/Special-Education/Self-Help/Subpoenas
Tarasoff v the regents of university of california case analysis (n.d.). Studypool. https://www.studypool.com/documents/13494609/tarasoff-v-the-regents-of-university-of-california-case-
analysis
Tarasoff Statute. (2020). Bullet Points Project. https://www.bulletpointsproject.org/tarasoff-statute/

REFERENCES
Vaughn, J. (2020). Danger to Others – Tarasoff Duty. YouTube. https://www.youtube.com/watch?v=2A3EFecTXc4
Zur, O. Ph. D. (2022). Tarasoff and 'Ewing vs. Goldstein' Statute in California: An Update.
Tarasoff and 'Ewing v. Goldstein' Statute in California, by Ofer Zur, Ph.D. (drzur.com)

California Standards Training Group 3

Recommended

Recommended

More Related Content

Similar to California Standards Training Group 3

Similar to California Standards Training Group 3 (20)

Recently uploaded

Recently uploaded (20)

California Standards Training Group 3