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CA Law & Ethics Exam > General Terms T/F > Flashcards

General Terms T/F Flashcards

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1
Q

Ignorance of the law is an acceptable legal defense for injuring clients.

A

False

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2
Q

Clients have the right to sue their clinician for abandonment

A

True

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3
Q

A client is legally entitled to adequate information from the therapist before the client provides consent to treat.

A

True

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4
Q

Clinicians should take additional steps, if necessary, to ensure a client’s comprehension of the informed consent contract.

A

True, This is the therapist’s responsibility, especially for ESL clients.

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5
Q

Couples should be informed that both reconciliation and separation are possible outcomes of therapy.

A

True

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6
Q

Terminating services in order to pursue a social, financial, or sexual relationship with a client is acceptable.

A

False, creates a dual relationship.

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7
Q

If a 13 year old seeks and consents for his own treatment, his parents still have a legal right to access his records.

A

False. If a client is 12 or older, he must sign a ROI even for his own parents to access his records.

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8
Q

A therapist must obtain signed informed consent prior to treatment.

A

For a minor, True. For an adult, it doesn’t need to be signed.

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9
Q

When treating a couple, the clinician only needs informed consent from one of the individuals.

A

False

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10
Q

Termination rights for both the clinician and the client should be included in the informed consent.

A

True. Put in writing advance, part of informed consent.

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11
Q

Legally, fees must be disclosed before the onset of therapy.

A

True

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12
Q

A therapist should document that they obtained informed consent for treatment from a client.

A

True

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13
Q

The therapist has an ethical and legal duty to inform clients of possible outcomes of treatment in order to remain within the standard of care.

A

True

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14
Q

A therapist should obtain a distinct and separate informed consent for the use of any challenging or novel modalities, including any involving touch.

A

True

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15
Q

The clinician is responsible for providing appropriate referrals for continuity of care when the client initiates termination.

A

False

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16
Q

Managing confidentiality is a legal and ethical issue.

A

True

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17
Q

The only exceptions to confidentiality are by a client’s written consent to release information or a legal mandate or legal permission to release information.

A

True

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18
Q

If a husband calls for information about his wife who is in treatment, the therapist should assert privilege.

A

False. You’d need an ROI in this situation.

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19
Q

The term privilege relates to the release of information in a legal setting.

A

True

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20
Q

A therapist is obligated to break confidentiality if there is reasonable suspicion of child abuse.

A

True

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21
Q

A therapist is obligated to break confidentiality if the client is suicidal.

A

False. You’d determine the best intervention.

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22
Q

A therapist is mandated to break confidentiality if there is reasonable suspicion of elder abuse

A

True

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23
Q

If a client has a plan to vandalize someone’s car, the therapist should warn the victim and warn the police.

A

False, not enough to warrant a Tarasoff.

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24
Q

If a new client indicates signs of hopelessness and depression, a prudent therapist would assess for suicide.

A

True

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25
Q

If a client makes a serious threat to harm an identifiable other, the therapist must warn the victim.

A

False. Therapist must warn the police, legally, at minimum. You can warn the victim, but legally you don’t have to.

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26
Q

Someone over the age of 60 is considered an elder.

A

False, elders re 65 years or older.

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27
Q

Therapists are mandated to report domestic violence.

A

False.

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28
Q

If a 65-year-old woman shares that her husband hit her, the therapist should report domestic violence to the police.

A

False, you’d file an APS report

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29
Q

When a clinician faces a legal action against them initiated by the client, the BBS, or a district attorney, the therapist is permitted to break confidentiality.

A

True

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30
Q

If another clinician contacts you stating that they have a release, you may provide the information requested.

A

False, you’d need to see a copy of the ROI.

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31
Q

A group confidentiality contract is a good way to clarify clients’ responsibility and protect the clinician.

A

True

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32
Q

When treating minors, it is the parent who holds privilege.

A

False, the patient holds privilege.

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33
Q

If an adult client shares they were a victim of child abuse as a minor and the perpetrator still has access to children, the therapist must file a child abuse report.

A

False. There has to be reasonable suspicion that abuse is currently going on. Having access to children is not enough. Client must suspect current abuse.

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34
Q

Therapists are always required to obtain written consent from a parent or guardian before releasing any confidential information about a minor client.

A

False. It depends on how old the minor is. If they’re 12 or older, you must get it from the child.

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35
Q

The parent or guardian must provide legal consent for a minor’s treatment if the minor is under 12.

A

True

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36
Q

It is a therapist’s legal responsibility to make an effort to learn and understand cultural assumptions of their client.

A

False. Ethical but not legal responsbiility.

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37
Q

Providing false information to an insurance company for the purpose of obtaining treatment is ethically acceptable.

A

False

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38
Q

Therapists have an ethical responsibility to take reasonable care in maintaining client confidentiality while using electronic devices.

A

True

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39
Q

If an HIV+ client discloses intent to have unprotected sex with someone, the therapist has a legal duty to warn that individual.

A

False

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40
Q

When informed of child abuse, a therapist must make an immediate report and follow up with a written report within 24 hours.

A

False. You must submit a written report in 36 hours.

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41
Q

When informed of elder or dependent adult abuse, a therapist must make the report immediately and follow up with a written report within 3 working days.

A

False, 2 working days.

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42
Q

When filing a report, the therapist is allowed to share any information about the case that they think is relevant to report.

A

True

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43
Q

Therapists should document their reasons for filing an abuse report.

A

True

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44
Q

If a client initiates a lawsuit claiming emotional injury, attorneys for the opposing side are entitled to said client’s records.

A

True

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45
Q

Privilege is the right of the client to maintain confidentiality regarding the legal system.

A

True

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46
Q

Privilege is suspended if either client or therapist sues the other.

A

True

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47
Q

If a lawyer subpoenas a client’s records without a release, and the therapist is unable to contact the client, the therapist should turn over the records.

A

False, privilege

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48
Q

Professional duty begins as soon as the client enters into an implicit or explicit therapeutic contract.

A

True

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49
Q

A therapist may provide services without consent for treatment if the client is in a crisis.

A

True

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50
Q

Therapists have a professional duty to know when a specialist should be utilized.

A

True

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51
Q

Therapists have a professional duty to know when hospitalization is required.

A

True

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52
Q

Authorizations to release information must include an end date.

A

True

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53
Q

Therapists have an ethical professional duty to collaborate or refer to improve and protect the health and wellbeing of their client.

A

True

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54
Q

A Tarasoff condition only exists if a client expresses a serious threat to harm an identifiable victim.

A

False. You can also use outside information or clinical judgment based on information observed in therapy. Example, a disgruntled ex-husband with hx of violence whose mother calls you about concerns.

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55
Q

A therapist is not mandated to report consensual sex between minors when they are between the ages of 14 and 18.

A

True

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56
Q

If a 16 year old is having consensual sex with her 21-year-old boyfriend, the therapist must file a child abuse report

A

False

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57
Q

If a 15 year old is having consensual sex with her 21-year-old boyfriend, the therapist must file a child abuse report.

A

True

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58
Q

If a 13 year old is having consensual sex with her 15-year-old boyfriend, the therapist must file a child abuse report.

A

True

59
Q

If a client makes a threat to an unidentifiable victim, the therapist must warn the police.

A

False, unless it’s an identifiable population or place.

60
Q

Therapists must maintain mental health records.

A

True

61
Q

If a therapist receives a court order for client records, the therapist should assert privilege.

A

False. You can’t assert privilege for a court order.

62
Q

Therapists should investigate child abuse if they have reasonable suspicion.

A

False, you don’t have to investigate with reasonable suspicion. You’d just file the report.

63
Q

If child abuse occurs in another state, the therapist is mandated to report the child abuse in the state in which it occurred.

A

False

64
Q

A therapist should inform couples of their “secret” policy before the onset of treatment

A

True

65
Q

Statements made by a client’s immediate family members regarding the client’s serious danger to harm someone must be considered in Tarasoff situations.

A

True

66
Q

Performing any professional services outside the scope of the license is acceptable if explained to the client.

A

False

67
Q

Clinicians should not engage in dual or multiple relationships with clients or former clients when there is a risk of potential harm to the client.

A

True

68
Q

When dual or multiple relationships are unavoidable, clients are responsible for setting clear, appropriate boundaries.

A

False

69
Q

Therapists should avoid initiating treatment when there is a known dual relationship.

A

True

70
Q

When a clinician provides services to two or more people who have a relationship to each other (e.g., couples, family members), the clinician should clarify the nature of their professional responsibilities to each individual.

A

True

71
Q

Clinicians should under no circumstances engage in sexual activities or sexual contact with current clients, whether such contact is consensual or forced.

A

True

72
Q

Clinicians should not engage in sexual activities or sexual contact with clients’ relatives or others with whom clients maintain a close personal relationship.

A

True

73
Q

Clinicians should not provide clinical services to individuals with whom they have had a prior sexual relationship.

A

True

74
Q

It is considered unprofessional conduct to engage in sexual relations with a client within two years following termination of therapy

A

True

75
Q

When obtaining a release of information, all members of the treatment unit who are old enough to consent should sign the release.

A

True

76
Q

A therapist should report to CPS if they find out one of their clients is dealing drugs to junior high students in the area.

A

False

77
Q

If a client has not had a complete medical evaluation in the last two years, a reasonable and prudent clinician should refer the client for a complete medical check-up.

A

True

78
Q

Parents may exercise the privilege on behalf of their child simply because they are that child’s parents.

A

False

78
Q

Clinicians providing any treatment without a psychiatric consultation, when warranted, are considered to be practicing below the standard of care.

A

True

79
Q

If the client has a legally designated conservator or guardian ad litem, then that person may exercise privilege on their behalf.

A

True

80
Q

A clinician who receives a subpoena for the records of a minor client would not look to the parents or guardians for instructions on whether to release the records but would instruct the parents or guardians to petition the court for guardian ad litem status.

A

True, ad litem status would be needed.

81
Q

Clients have the right to revoke or modify release authorizations at will.

A

True

82
Q

A therapist has a legal duty to prevent suicide.

A

False

83
Q

Clinicians must take “appropriate preventive measures” to avert harm to suicidal clients.

A

True

84
Q

Minors may only consent to their own treatment if they are over the age of 12 and are victims of abuse.

A

False. They have to be 12 and mature enough to engage in therapy

84
Q

Ethically, it is acceptable to wait until the middle phase of treatment to determine who the unit of treatment is going to be.

A

False

85
Q

Clinicians are expected to recognize risk factors that can lead to actions resulting in harm to self or others.

A

True

86
Q

Not keeping mental health records that meet the standard of care is considered illegal and unprofessional conduct.

A

True

87
Q

A clinician can hospitalize a client when the client’s mental or physical state causes them to be in imminent danger of harming themselves or others.

A

False, you can initiate, but not actually hospitalize the client.

88
Q

Social isolation of an elder or dependent adult is a mandated report

A

True.

89
Q

A clinician can be deemed legally negligent when their treatment plan neglects or overlooks a client’s suicidal tendencies.

A

True

90
Q

When a client is over 18 years of age and discloses abuse they experienced as a child, the therapist is mandated to report it.

A

False. If they’re over 18, you don’t have to report it. If they’re 17 or under, you have to report it.

91
Q

A clinician is mandated to report all child abuse, including on children residing outside California.

A

True. Report it in California even if it happened somewhere else.

92
Q

Therapists have 3 working days following a written request from a client to allow the client to inspect records.

A

False, 5 working days.

93
Q

A therapist should keep records for a minimum of 5 years to meet the standard of the profession.

A

False, minimum of years.

94
Q

A therapist has 15 days to provide the patient with a copy of the records.

A

True

95
Q

A therapist may deny a client access to their records when the therapist determines that there is a high risk of detrimental consequences to the client if the client were to see the records.

A

True, Client has the right to have records inspected by another therapist to see whether or not there is a reason to deny.

96
Q

Client records are the property of the client.

A

False. They are the property of the therapist.

97
Q

The monetary value of the gift should be considered when deciding whether or not to accept a gift from your client.

A

True

98
Q

A therapist may deny a parent access to the minor’s record if the clinician believes releasing the records would have a detrimental effect on the therapeutic relationship.

A

True

99
Q

A therapist may deny a parent access to the minor’s record if the minor’s well-being would be jeopardized by releasing records to a parent.

A

True

100
Q

If parents are married, both must sign the informed consent to treat their minor child.

A

False, legally you only need one.

101
Q

If parents were never married, either of them may consent for treatment of a minor child.

A

True

102
Q

A 12 year old can consent for treatment if they are mature enough to participate intelligently in treatment.

A

true

103
Q

If a minor consents to their own treatment, they are responsible for the fees.

A

True

104
Q

Any advertisements must include either the exact title of the practitioner’s license or the license number.

A

False, you MUST include the license number

105
Q

It is unethical but legal to receive compensation for the referral of clients.

A

False, illegal and unethical.

106
Q

If a therapist uses the term “psychotherapy” or “psychotherapist” in advertisements, they must include their license number.

A

True

107
Q

Clinicians have a professional duty to discuss with their clients how insurance companies will manage their confidential information.

A

True

108
Q

Dual relationships between supervisors and supervisees are considered unprofessional conduct.

A

True

109
Q

It is a therapist’s legal duty to challenge a “denial of services” from an insurance company.

A

False. Ethical, but not legal duty.

110
Q

The purpose of HIPAA is to standardize electronic patient health, administrative, and financial data

A

True

111
Q

It is unethical to accept gifts from clients.

A

False

112
Q

When a person is unable to provide food, clothing, and shelter for themselves due to a mental disorder, they are considered gravely disabled.

A

True

113
Q

The legal requirements for a 5150 (involuntary hold) include when a person is a danger to self or other due to mental illness or they are gravely disabled.

A

True

114
Q

If a therapist learns that a client had sex with a previous therapist, they should file a complaint with the BBS.

A

False

115
Q

If a therapist learns that a client had sex with a previous therapist, they should provide the client with the brochure from the BBS outlining their rights and discuss the brochure’s contents.

A

True

116
Q

Termination may not be appropriate when a client is hospitalized, in crisis, or actively suicidal.

A

True

117
Q

When termination is initiated by the therapist, consultation is important to ensure that the therapist’s reasons for termination and management of the termination process are consistent with community standards and the standard of care.

A

True

118
Q

A therapist must obtain signed written consent to provide teletherapy.

A

False, it doesn’t have to be signed.

119
Q

A professional will explain who is responsible for a therapist’s files and clients if the therapist dies.

A

True

120
Q

When there is a request for information related to any aspect of psychotherapy, each member of the treatment unit should sign the authorization before the disclosure of information.

A

True

121
Q

A therapist should immediately terminate treatment with a client if the therapist is unable to effectively manage their countertransference.

A

False

122
Q

If a therapist suspects that a colleague is unable to perform their professional duties due to personal issues (e.g., substance abuse, mental health problems), the therapist should first report them to the BBS.

A

False

123
Q

Therapists should refrain from bartering for services.

A

True

124
Q

Therapists should explain how fees will be managed, including in the event that the client has not paid their fees.

A

True

125
Q

A therapist has a legal right to withhold a client’s records if they have not paid their fees.

A

False

126
Q

Therapists should inform clients, to the extent possible, about the disclosure of confidential information and the potential consequences, when feasible before the disclosure is made

A

True

127
Q

If a therapist’s records are stolen, the therapist should file a police report and notify the clients.

A

True

128
Q

If a therapist observes an act of child abuse while shopping at the mall, the therapist is mandated to make a report.

A

False, If you’re not on-duty, you’re not mandated to report.

129
Q

HIPAA standards apply if a therapist communicates electronically.

A

False. The therapist has to be communicating electronically with a third party payer AKA insurance company.

130
Q

It is legal but unethical to advertise false skills and specialties.

A

False

131
Q

The font on an authorization to release information must be at least 12 points.

A

False, at least 14 point font.

132
Q

Changing a client’s diagnosis to ensure payment by insurance is acceptable with client’s consent.

A

False

133
Q

A therapist must notify the BBS of change of name or address within 30 days.

A

True

134
Q

An incarcerated client loses their right to privilege.

A

False

135
Q

A baby who tests positive for drugs at birth would require a mandated child abuse report.

A

False. In CA, this is not enough to file a report.

136
Q

A therapist must notify the BBS of any convictions, including a DUI, within 30 days.

A

True

137
Q

A conflict of interest occurs when there is a dual relationship between the therapist and client where the therapist may have personal investment and become biased with treatment.

A

True. Conflict of interest is a specific type of dual relationship.

138
Q

Parents who are in prison lose their rights to access their minor child’s records.

A

False

139
Q

After a client dies, the client’s designated personal representative or the legal executor of their estate has a right under law to access the records.

A

True

140
Q

A minor may not consent to convulsive therapy, psychosurgery, or psychotropic medication without the consent of the minor’s parent or guardian.

A

True

141
Q

During the initial session, informed consent should include a discussion of the risks and benefits of treatment and the purpose of therapy.

A

True

142
Q

If a therapist is on an insurance panel, and the insurance conducts an audit requesting client records, the therapist must provide copies of the records.

A

True

CA Law & Ethics Exam (3 decks)

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