Technology is constantly changing and evolving in our world. While it can be a really great tool as therapists, it’s also important to make sure we understand best practices around integrating technology into our work. Recently the MFT Code of Ethics added additional information that’s important to keep in mind around the use of AI and technology in our practice. For the Law and Ethics exam, there are a few key changes that you want to remember.
Key Updates
- AI is now included in our ethical standards. As therapists we must always evaluate whether or not AI tools are appropriate for us to use while also being clinically accurate and legally compliant.
- Written consent is required if we are using recordings and AI-supported services in our practice. Within our informed consent we need to include the risks, benefits, limitations, confidentiality concerns and alternative options related to telehealth and AI so that our clients can make informed decisions.
- Client self-determination is important here. We can’t pressure our clients to use telehealth or AI tools and it’s important that we provide reasonable alternatives or referrals if a client isn’t comfortable using these tools in our work together.
- We are responsible for any AI-generated content. If you use AI for notes, treatment plans, or any documentation then you want to ensure you are reviewing this information for accuracy and clinical appropriateness.
- Competence standards are expanded to now include technology literacy. If we are going to be using these tools we need to make sure we know how they work and the risks of them as well. There are privacy risks that come along with AI and electronic systems so it’s important to be competent when using these tools and to also be knowledgeable of the changing laws and regulations around the use of AI.
- AI systems can perpetuate historical or social prejudice and so we need to be aware of the bias and discrimination that can occur here when using these tools. We need to use our own professional judgement when interpreting the information that these tools provide us with.
- Lastly, supervisors and employers need to be aware of how staff and supervisees are using these technologies. Ongoing training and updated policies are important in order to maintain ethical compliance.
It may sound like a lot, but as you are completing your MFT exam prep the key takeaways are that we want to be thinking about client self-determination, assessment of risks in use of technology, and continuing to be informed as technology advances evolve.
Let’s complete a BBS law and ethics practice question to see how you do!
A therapist begins using an AI-powered documentation program that records sessions and generates clinical notes. When obtaining the informed consent for use of AI in the session, the client expresses discomfort about confidentiality being maintained. What is the MOST important thing to do here?
A. Explain that the AI system is HIPAA compliant and there is minimal risk
B. Explore the client’s discomfort
C. Discuss the risks, benefits, and alternatives to AI documentation and allow the client to make an informed decision
(scroll for answer and rationale)
Rationale: C is the best answer here. We know in this instance that the client is uncomfortable with the therapist’s use of AI and so we always want to ensure the client is making an informed decision. The updated MFT law and ethics standards emphasize informed consent, client self-determination, and transparency regarding the use of AI and technology. As therapists we want to explain potential confidentiality risks, benefits, limitations, and alternatives to the use of technology in our practice so clients can make meaningful decisions about their treatment. Clients should not be coerced into using any of these AI-related services. Therefore C is the best answer that encompasses this.
A is not the correct answer here because it doesn’t address the client’s discomfort and because we can’t guarantee minimal risk. Just because something is HIPAA compliant doesn’t mean that there aren’t other risk factors involved. B is something that we could potentially do at some point, but it’s not the MOST important thing. Exploring their discomfort will help us understand what is going on for the client here, but it doesn’t address the presenting problem specifically which is that the client is uncomfortable with the use of AI.
How did you do?
Did you ace this question? If not, what part did you struggle with? If you’re ready to answer more practice questions just like this, TDC’s LCSW exam prep and MFT exam prep offer practical and accessible study programs for CA MFT and LCSW Law & Ethics, MFT CA Clinical, and AMFTRB exams that provide everything you need to successfully PASS your exams with confidence. Already pass your Law and Ethics exams (or are outside of California?)-we also offer exam prep for the masters LMSW and clinical LCSW exams. PLUS, each program includes access to your very own test coach so you have one-on-one help and you’re never alone.
If you need to complete the 3-hour law and ethics CE course before the next license registration period, we offer 2 BBS-approved courses that fulfill this requirement. Both courses are 6 hours. You can choose between either. Here is a discount code that will allow you to save on the course: L&E2023
You can access the courses HERE or HERE.
Already licensed? Our continuing education library includes everything you need from courses on treating suicidality to clinical supervision.