CPLEE

Question 1

Patient Request to inspect records must be met within

Answer 1

5 days

Question 2

When patient requests copy of records, we must comply within

Answer 2

15 days

Question 3

When client requests a summary of records, we must comply within

Answer 3

10 working days

Question 4

If a client requests a summary and there are extenuating circumstances such as length of complexity of treatment, we must comply within

Answer 4

30 days

Question 5

Review of treatment records by another qualified professional can:

Answer 5

NEVER be denied. There is no legal justification for now allowing such.

Question 6

If a parent requests a copy of a psychological testing report:

Answer 6

It is ALWAYS preferable to offer a summary first and the full report only if the parent really wants it

Question 7

If a minor reports non-consensual sexual contact, our duty is:

Answer 7

To make a mandated report. Age guidelines DO NOT apply when the sexual contact is not consensual

Question 8

Physician Reporting of Patient HIV status

Answer 8

Never required but can disclose HIV status to partners after attempting to secure the patient’s consent to do so.

Question 9

If you were hired by a company to do pre-employment testing, can you release the testing reports to patients who were tested?

Answer 9

No because the company is the client not the specific individual. Therefore, they have no rights to those evaluation reports

Question 10

If we have a question about whether a patient is capable of consenting….

Answer 10

we should explain informed consent procedures in reasonably understandable terms

Question 11

When can we treat a patient for a domain in which we don’t have competency for:

Answer 11

In a an emergency situation when other more appropriate services are not available

Question 12

Emancipated Minor

Answer 12

14+; must live self-sufficiently; their $ can’t be from criminal enterprises

Question 13

Self-sufficient Minor

Answer 13

15+, source of money doesn’t matter

Question 14

Securing minor consent for outpatient mental health services

Answer 14

• Min age of 12+ - AND considered able to intelligently participate in services; prevailing interpretation of law is that minor DOES NOT need to be at risk for harm to self/others or suspected abuse victim to allow ofference of services prior to crisis

Question 15

Minors seeking services for treatment of or termination of pregnancy

Answer 15

• Treatment or Prevention of such is allowed at ANY AGE AND DOES NOT REQUIRE PARENTAL NOTIFICATION (not allowed in fact)

Question 16

Communicable Disease in Minors

Answer 16

Minors can consent at a Min age of 12 – DOES NOT REQUIRED PARENTAL NOTIFICATION (not allowed in fact)

Question 17

Treatment of Sexual Assault for Minors

Answer 17

• ANY AGE but provider must attempt to notify parent UNLESS it is rape and then the provider is not allowed to contact parents

Question 18

Drug/Alcohol treatment

Answer 18

• 12+ can consent but CANNOT be a private practice therapist AND the treatment plan MUST involve parent/treatment when appropriate – document whether patients were contacted and where involvement in treatment plan is/is not appropriate

Question 19

Denying Review of Records - Minors

Answer 19

• If they legally consented to services, we can deny the parent a right to review records
• If we believe that it would be detrimental to the therapeutic relationship or cause substantial harm to patient’s physical or emotional well-being we can deny the parent’s right to review records

Question 20

Denying review of records ADULTS

Answer 20

HIPAA supersedes state law on this issue - access can ONLY be denied if it will likely result in significant physical harm or death to the patient or some other individual

Question 21

Denying review of records ADULTS

Answer 21

HIPAA supersedes state law on this issue - access can ONLY be denied if it will likely result in significant physical harm or death to the patient or some other individual

Question 22

When does Tarasoff apply?

Answer 22

When the patient has informed the therapist of a serious threat of violence against a reasonably identifiable victim NOTE: family members are considered patient communications and therefore we must report if we are told of such from a patient’s family member

Question 23

Who must Tarasoff reports be made to?

Answer 23

The victim and the police

Question 24

72-Hour Involuntary Hold

Answer 24

• Instituted by police, mobile crisis team, or authorized professional by county take person into custody for 72-hour hold for DTO, DTS, grave disability.
o DESTRUCTIVE BX DOES NOT QUALIFY – i.e. prostitution or driving recklessly are not DTS
o Grave disability – food, shelter, clothing deficits d/t mental illness OR issues from prolonged alcoholism

Question 25

72-hour hold for adults

Answer 25

5150

Question 26

72-hour hold for minors

Answer 26

• 5585 – if person is child ONLY implemented if child’s parent or authorized guardian is not available to consent to treatment

Question 27

14 day certification hold (5250)

Answer 27

• 5250 – if after the 72 hours the person is still considered a DTO, DTS, or grave disability concern and they will not consent to continued treatment
o Person entitled to a certification review hearing within 4 days

Question 28

Post 72 hour and 14 day certification hold - DTS

Answer 28

• 5260 – POST 14 day hold IF STILL DTS can be held for another 14 days
o This hold cannot be renewed

Question 29

Post 72 hour and 14 day certification hold - Grave Disability

Answer 29

270.15 – POST 14 day hold if STILL GRAVELY DISABLED can be held for another 30 days
o This hold cannot be renewed – Conservatorship could be pursued though

Question 30

Post 72 hour and 14 day certification hold - DTO

Answer 30

• 5300 – POST 14 day hold if STILL DTO can be held for an additional 180 days
o Can be renewed

Question 31

Statutory Rape and Mandated Reporting

Answer 31

21+ and under 16 have consensual sex is considered a mandated report but less than 21 and 16+ is not mandated

Question 32

Lewd and Lascivious Behavior with Minor under 14 (i.e. 13 or less)

Answer 32

if the partner is 14 or older then this is a mandated report

If BOTH partners under 14 no mandated report

Question 33

Timeframe for child abuse reporting

Answer 33

IMMEDIATELY and written report within 36 hours

Question 33

Timeframe for child abuse reporting

Answer 33

IMMEDIATELY and written report within 36 hours

Question 34

Neglect

Answer 34

Severe Neglect: severe malnutrition; willfully causing child to be
endangered, intentional failure to provide adequate food, clothing,
shelter or medical care
Ø General Neglect: negligent failure of the caretaker to provide adequate
food, clothing shelter, medical care, or supervision, where no physical
injury to the child has occurred

Question 35

Reporting abuse to an elder living at home

Answer 35

report to adult protective services OR law enforcement. Must be made immediately and if made over phone an internet report must be sent in two days

Question 36

Living in a facility (other than state hospital or DD)

Answer 36

report made to ombudsman AND local law enforcement report via phone IMMEDIATE and by report within 2 hours for GBI or within 24 if no GBI

Question 37

State hospital or DD Center

Answer 37

report made to DSH investigator AND local law enforcement report made immediately via phone and within 24 hours via report

Question 38

Negligence

Answer 38

• 4 conditions must be met- Dereliction of duty that leads to damage:
o Dereliction – means the therapist failed to provide care that is reasonable
o Duty – means the therapist had a legal relationship with the patient that gave rise to a duty (e.g. we have no duty to people we meet at a party)
o Directly causing damages – the negligence of the therapist was the cause of some harm to the patient

Question 39

Evidence Code 1025

Answer 39

no privilege exists in a proceeding brought by a defendant to establish his or her competence

Question 40

Evidence Code 1023

Answer 40

privilege doesn’t exist in a legal action to determine a patient’s sanity

Question 41

Evidence Code 1017

Answer 41

no privilege exists when a psychologist is appointed by a court or a board of parole

Question 42

Evidence Code 1024

Answer 42

authorizes the disclosure of confidential information in a legal proceeding if the information is necessary to prevent the danger presented by the patient to themselves, others or property

Question 43

EAP Programs

Answer 43

if a patient is referred for a fitness evaluation than we are authorized to disclose a patient’s fitness and any accommodations needed; if patient is self-referred then the company isn’t entitled to any information and disclosure can only be done with the patient’s consent

Question 44

What action will the board take when a psychologist is CONVINCTED of sexual relations with a patient?

Answer 44

License will be revoked

Question 45

What are the potential liabilities for mandated reporters?

Answer 45

IF WE REPORT we are protected from civil and criminal liabilities
DO NOT REPORT - CRIMINAL LIABILITY may serve 6 months in jail a $1,000 fine or both; if not reporting is willful the punishment could be one year in county or $5,000 or both

Question 46

When is an interim license suspension most likely to be issued?

Answer 46

When the licensee has violated the business and professions code and continuing to practice would be dangerous to the public

Question 47

EAP work

Answer 47

Fitness evaluations - work related restrictions and fitness for duty can be shared with the employer without the patient’s permission
Self-referral - nothing can be shared with the employer without patient’s permission
Employer referral - employer may be entitled to session attendance but can only be done with patient’s consent

Question 48

When a psychology license is revoked, the person may

Answer 48

petition for re-instatement after 3 years

Question 49

Intimate Partner Violence Treatment - minors

Answer 49

If 12 or older, the minor can consent to treatment/evidence collection; must attempt to contact the parents unless the parents are the suspected perpetrators