MFT Law & Ethics Exam Prep: AI and the Code of Ethics

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 judgment 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.

A therapist begins using an AI-powered documentation program that records sessions and generates clinical notes. When obtaining informed consent for the 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)

C is the best answer here.
In this case, we know that the client is uncomfortable with the therapist’s use of AI, so we want to ensure the client makes an informed decision.

Updated MFT law and ethics standards emphasize informed consent, client self-determination, and transparency about the use of AI and technology. As therapists, we want to explain potential confidentiality risks, benefits, limitations, and alternatives to using 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.

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