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Law and Ethics Quiz Flashcards

1
Q

True or false

  1. _____ Ignorance of the law is an acceptable legal defense for injuring clients.
A
  1. False - Ignorance of the law is an acceptable legal defense for injuring clients.

Point of test is you are responsible for knowing law

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2
Q

True or false

  1. _____Clients have the right to sue their clinician for abandonment.
A
  1. True - Clients have the right to sue their clinician for abandonment.

If therapist initiates termination, ethical responsibility to provide referrals

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3
Q

True or false

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

Informed consent process, risks and benefits fees no payment termination process

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4
Q

True or false

  1. _____Clinicians should take additional steps if necessary to insure a client’s comprehension of the informed consent contract.
A
  1. True - Clinicians should take additional steps if necessary to insure a client’s comprehension of the informed consent contract.

Therapist responsibility, if they don’t speak English, makes sure they understand, provide translation

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5
Q

True or false

  1. _____Couples should be informed that both reconciliation and separation are possible outcomes of therapy.
A
  1. True - Couples should be informed that both reconciliation and separation are possible outcomes of therapy.

Deals with expectations of treatment and managing expectations

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6
Q

True or false

  1. _____ Terminating services in order to pursue a social, financial, or sexual relationship with a client is acceptable.
A
  1. False - Terminating services in order to pursue a social, financial, or sexual relationship with a client is acceptable.

Most common things that happens, this is creating a dual relationship, they can sue you for this.

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7
Q

True or false

  1. _____ if a13 year-old seeks and consents for his own treatment, his parents still have a legal right to access his records.
A
  1. False - If a13 year-old seeks and consents for his own treatment, his parents still have a legal right to access his records.

He would have to give authorization, signed. even if parents brought a 12 yo in, kid would still have to sign

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8
Q

True or false

  1. _____A therapist must obtain signed informed consent prior to treatment.
A
  1. False -A therapist must obtain signed informed consent prior to treatment.

If it was a minor it would be true, for an adult it doesn’t need to be signed.

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9
Q

True or false

  1. _____When treating a couple, the clinician only needs informed consent from one of the individuals.
A
  1. False - When treating a couple, the clinician only needs informed consent from one of the individuals.

Need from any =one who is old enough to consent

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10
Q

True or false

  1. _____Termination rights for both the clinician and the client should be included in the informed consent.
A
  1. True - Termination rights for both the clinician and the client should be included in the informed consent.

Put it in writing in advance in the informed consent

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11
Q

True or false

  1. _____ legally, fees must be disclosed before the onset of therapy.
A
  1. True - Legally, fees must be disclosed before the onset of therapy.
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12
Q

True or false

  1. _____A therapist should document that he/she obtained informed consent for treatment from client.
A
  1. True - A therapist should document that he/she obtained informed consent for treatment from client.
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13
Q

True or false

  1. _____ 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
  1. True - 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.
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14
Q

True or false

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

if therapist wants to try new approach, get separate consent

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15
Q

True or false

  1. _____The clinician is responsible for providing appropriate referrals for continuity of care when the client initiates termination.
A
  1. False - The clinician is responsible for providing appropriate referrals for continuity of care when the client initiates termination.

when its client, you DOON’T have a responsibility to do it. You could if you want

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16
Q

True or false

  1. _____ Managing confidentiality is a legal and ethical issue.
A
  1. True - Managing confidentiality is a legal and ethical issue.
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17
Q

True or false

  1. _____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
  1. True - 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.
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18
Q

True or false

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

Privilege is only when dealing with the courts. If you don’t have release form husband, shut up.

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19
Q

True or false

  1. _____The term privilege relates to the release of information in a legal setting.
A
  1. True - The term privilege relates to the release of information in a legal setting.
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20
Q

True or false

  1. _____A therapist is obligated to break confidentiality if there is reasonable suspicion of child abuse.
A
  1. True - A therapist is obligated to break confidentiality if there is reasonable suspicion of child abuse.

Reasonable suspension

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21
Q

True or false

  1. _____A therapist is obligated to break confidentiality if the client is suicidal.
A
  1. False - A therapist is obligated to break confidentiality if the client is suicidal.

grey area. Optional. Determine best intervention given clinical context

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22
Q

True or false

  1. _____ A therapist is mandated to break confidentiality if there is reasonable suspicion of elder abuse.
A
  1. True - A therapist is mandated to break confidentiality if there is reasonable suspicion of elder abuse.
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23
Q

True or false

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

just a plan is not enough for Tarasoff

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24
Q

True or false

  1. _____If a new client indicates signs of hopelessness and depression, a prudent therapist would assess for suicide.
A
  1. True - If a new client indicates signs of hopelessness and depression, a prudent therapist would assess for suicide.

TEST: want to know that assessing for suicide is good and managing is a legal requirement

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25
True or false 25. _____ If a client makes a serious threat to harm an identifiable other, the therapist must warn the victim.
25. False - If a client makes a serious threat to harm an identifiable other, the therapist must warn the victim. ## Footnote **must warn police, victim is optional**
26
True or false 26. \_\_\_\_\_Someone over the age of 60 is considered an elder.
26. False - Someone over the age of 60 is considered an elder. ## Footnote **65**
27
True or false 27. \_\_\_\_\_Therapists are mandated to report domestic violence.
27. False - Therapists are mandated to report domestic violence. ## Footnote **if there was elder abuse or child abuse as a result of domestic violence, then make those respective reports. but child is sometimes optional**
28
True or false 28. \_\_\_\_\_If a 65-year-old woman shares that her husband hit her, the therapist should report domestic violence to the police.
28. False - If a 65-year-old woman shares that her husband hit her, the therapist should report domestic violence to the police. ## Footnote **don’t report DV, report elder abuse**
29
True or false 29. _____ 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.
29. True - 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. ## Footnote **example of when client doesn’t have privilege**
30
True or false 30. \_\_\_\_\_If another clinician contacts you stating that he/she has a release, you may provide the information requested.
30. False - If another clinician contacts you stating that he/she has a release, you may provide the information requested. ## Footnote **need to see the release**
31
True or false 31. \_\_\_\_\_A group confidentiality contract is a good way to clarify clients’ responsibility and protect the clinician.
31. True - A group confidentiality contract is a good way to clarify clients’ responsibility and protect the clinician. ## Footnote **has to do with group therapy. good to have a shared group contract, and therapist makes people know that therapist must be confidential, but group members aren’t bound by law**
32
True or false 32. \_\_\_\_\_When treating minors, it is the parent who holds privilege.
32. True - When treating minors, it is the parent who holds privilege. ## Footnote **unless there is a guardian ad litem**
33
True or false 33. _____ 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.
33. False - 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. ## Footnote **even if they still have access to children, you still need reasonable suspicion, you can ask client if they thought there was child abuse and they say yes, then you can file**
34
True or false 34. \_\_\_\_\_Therapists are always required to obtain written consent from a parent or guardian before releasing any confidential information about a minor client.
34. False - Therapists are always required to obtain written consent from a parent or guardian before releasing any confidential information about a minor client. ## Footnote **have to get written release to share info about child – if 12 or up, get it from child, if 11 down, get from parent**
35
True or false 35. _____ The parent or guardian must provide legal consent for a minor’s treatment if the minor is under 12.
35. True - The parent or guardian must provide legal consent for a minor’s treatment if the minor is under 12.
36
True or false 36. _____ It is a therapist’s legal responsibility to make an effort to learn and understand cultural assumptions of their client.
36. False - It is a therapist’s legal responsibility to make an effort to learn and understand cultural assumptions of their client. ## Footnote **not a legal responsibility, just ethical**
37
True or false 37. \_\_\_\_\_Providing false information to an insurance company for the purpose of obtaining treatment is ethically acceptable.
37. False - Providing false information to an insurance company for the purpose of obtaining treatment is ethically acceptable. ## Footnote **both unethical and illegal**
38
True or false 38. \_\_\_\_\_Therapists have an ethical responsibility to take reasonable care in maintaining client confidentiality while using electronic devices.
38. True - Therapists have an ethical responsibility to take reasonable care in maintaining client confidentiality while using electronic devices.
39
True or false 39. \_\_\_\_\_If an HIV+ client discloses intent to have unprotected sex with someone, the therapist has a legal duty to warn that individual.
39. False - If an HIV+ client discloses intent to have unprotected sex with someone, the therapist has a legal duty to warn that individual. ## Footnote **this would be breaking confidentiality**
40
True or false 40. \_\_\_\_\_When informed of child abuse, a therapist must make an immediate report and follow up with a written report within 24 hours.
40. False - When informed of child abuse, a therapist must make an immediate report and follow up with a written report within 24 hours. ## Footnote **within 36 hours**
41
True or false 41. \_\_\_\_\_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.
41. False - 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. **within 2 working days**
42
True or false 42. _____ When filing a report, the therapist is allowed to share any information about the case that he or she thinks is relevant to report.
42. True - When filing a report, the therapist is allowed to share any information about the case that he or she thinks is relevant to report. ## Footnote **allowed amount of info is whatever is relevant to that particular report – why you have suspicion**
43
True or false 43. \_\_\_\_\_Therapists should document their reasons for filing an abuse report.
43. False - Therapists should document their reasons for filing an abuse report. ## Footnote **anytime there is a crises issue document you thought process**
44
True or false 44. \_\_\_\_\_Privilege is the right of the client to maintain confidentiality regarding the legal system.
44. true - Privilege is the right of the client to maintain confidentiality regarding the legal system.
45
True or false 45. \_\_\_\_\_If a client initiates a lawsuit claiming emotional injury, attorneys for the opposing side are entitled to said client’s records.
45. True - If a client initiates a lawsuit claiming emotional injury, attorneys for the opposing side are entitled to said client’s records. ## Footnote **one time they don’t have privilege**
46
True or false 46. \_\_\_\_\_Privilege is suspended if either client or therapist sues the other.
46. True - Privilege is suspended if either client or therapist sues the other.
47
True or false 47. _____ 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.
47. False - 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. ## Footnote **assert privilege**
48
True or false 48. \_\_\_\_\_Professional duty begins as soon as the client enters into an implicit or explicit therapeutic contract.
48. True - Professional duty begins as soon as the client enters into an implicit or explicit therapeutic contract. ## Footnote **technically as soon as you engage in a conversation it begins**
49
True or false 49. \_\_\_\_\_A therapist may provide services without consent for treatment if the client is in a crisis.
49. True - A therapist may provide services without consent for treatment if the client is in a crisis. ## Footnote **SI psychosis – to do informed consent would be inappropriate and potentially harmful**
50
True or false 50. \_\_\_\_\_Therapists have a professional duty to know when a specialist should be utilized.
50. True - Therapists have a professional duty to know when a specialist should be utilized. ## Footnote **TEST: make sure you know when it is prudent to refer to psychiatrist, MD**
51
True or false 51. \_\_\_\_\_Therapists have a professional duty to know when hospitalization is required.
51. True - Therapists have a professional duty to know when hospitalization is required. ## Footnote **know when to have someone go in for their protection and others protection**
52
True or false 52. \_\_\_\_\_Authorizations to release information must include an end date.
52. True - Authorizations to release information must include an end date.
53
True or false 53. \_\_\_\_\_Therapists have an ethical professional duty to collaborate or refer to improve and protect the health and wellbeing of their client.
53. True - Therapists have an ethical professional duty to collaborate or refer to improve and protect the health and wellbeing of their client.
54
True or false 54. _____ A Tarasoff condition only exists if a client expresses a serious threat to harm an identifiable victim.
54. False - A Tarasoff condition only exists if a client expresses a serious threat to harm an identifiable victim. ## Footnote **can also have outside information and client doesn’t have to tell you – also, if a client denies something, but therapist can tell something is up, this can warrant Tarasoff**
55
True or false 55. \_\_\_\_\_A therapist is not mandated to report consensual sex between minors when they are between the ages of 14 and 18.
55. True - A therapist is not mandated to report consensual sex between minors when they are between the ages of 14 and 18.
56
True or false 56. \_\_\_\_\_If a 16 year old is having consensual sex with her 21-year-old boyfriend, the therapist must file a child abuse report.
56. False - If a 16 year old is having consensual sex with her 21-year-old boyfriend, the therapist must file a child abuse report.
57
True or false 57. \_\_\_\_\_If a 15 year old is having consensual sex with her 21-year-old boyfriend, the therapist must file a child abuse report.
57. True - If a 15 year old is having consensual sex with her 21-year-old boyfriend, the therapist must file a child abuse report.
58
True or false 58. \_\_\_\_\_If a 13 year old is having consensual sex with her 15-year-old boyfriend, the therapist must file a child abuse report.
58. True - If a 13 year old is having consensual sex with her 15-year-old boyfriend, the therapist must file a child abuse report. ## Footnote **if 13, can only have sex with 13 and younger**
59
True or false 59. \_\_\_\_\_If a client makes a threat to an unidentifiable victim, the therapist must warn the police.
59. False - If a client makes a threat to an unidentifiable victim, the therapist must warn the police. ## Footnote **If you can’t identify the victim, you can’t warn the police, but if they say something like a college (identifiable population)**
60
True or false 60. \_\_\_\_\_Therapists must maintain mental health records.
60. True - Therapists must maintain mental health records. **and the records must meet the standards – need good info and supporting documentation**
61
True or false 61. _____ If a therapist receives a court order for client records, the therapist should assert privilege.
61. False - If a therapist receives a court order for client records, the therapist should assert privilege. ## Footnote **if it is court order you must provide**
62
True or false 62. \_\_\_\_\_Therapists should investigate child abuse if they have reasonable suspicion.
62. False - Therapists should investigate child abuse if they have reasonable suspicion. ## Footnote **once reasonable suspicion, report – if there is a hint, and don’t have enough yet, you assess more**
63
True or false 63. \_\_\_\_\_If child abuse occurs in another state, the therapist is mandated to report the child abuse in the state in which it occurred.
63. False - If child abuse occurs in another state, the therapist is mandated to report the child abuse in the state in which it occurred.
64
True or false 64. \_\_\_\_\_A therapist should inform couples of their “secret” policy before the onset of treatment.
64. True - A therapist should inform couples of their “secret” policy before the onset of treatment. ## Footnote **informed consent specific between couples and families**
65
True or false 65. _____ Statements made by a client’s immediate family members regarding the client’s serious danger to harm someone must be considered in Tarasoff situations.
65. True - Statements made by a client’s immediate family members regarding the client’s serious danger to harm someone must be considered in Tarasoff situations.
66
True or false 66. \_\_\_\_\_Performing any professional services outside the scope of the license is acceptable if explained to the client.
66. False - Performing any professional services outside the scope of the license is acceptable if explained to the client. ## Footnote **cannot work outside scope of practice,**
67
True or false 67. \_\_\_\_\_Clinicians should not engage in dual or multiple relationships with clients or former clients where there is a risk of potential harm to the client.
67. True - Clinicians should not engage in dual or multiple relationships with clients or former clients where there is a risk of potential harm to the client.
68
True or false 68. \_\_\_\_\_When dual or multiple relationships are unavoidable, clients are responsible for setting clear, appropriate boundaries.
68. False - When dual or multiple relationships are unavoidable, clients are responsible for setting clear, appropriate boundaries. ## Footnote **therapist are responsible**
69
True or false 69. \_\_\_\_\_Therapists should avoid initiating treatment when there is a known dual relationship.
69. True - Therapists should avoid initiating treatment when there is a known dual relationship.
70
True or false 70. \_\_\_\_\_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 his or her professional responsibilities to each individual.
70. True - 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 his or her professional responsibilities to each individual. ## Footnote **if you see individual and they want couples, have to discuss nature of relationships and impact**
71
True or false 71. \_\_\_\_\_Clinicians should under no circumstances engage in sexual activities or sexual contact with current clients, whether such contact is consensual or forced.
71. True - Clinicians should under no circumstances engage in sexual activities or sexual contact with current clients, whether such contact is consensual or forced.
72
True or false 72. \_\_\_\_\_Clinicians should not engage in sexual activities or sexual contact with clients’ relatives or others with whom clients maintain a close personal relationship.
72. True - Clinicians should not engage in sexual activities or sexual contact with clients’ relatives or others with whom clients maintain a close personal relationship.
73
True or false 73. \_\_\_\_\_Clinicians should not provide clinical services to individuals with whom they have had a prior sexual relationship.
73. True - Clinicians should not provide clinical services to individuals with whom they have had a prior sexual relationship. ## Footnote **even if a long time ago**
74
True or false 74. _____ It is considered unprofessional conduct to engage in sexual relations with a client within two years following termination of therapy.
74. True - It is considered unprofessional conduct to engage in sexual relations with a client within two years following termination of therapy. ## Footnote **in ethical code should be at least 2 years**
75
True or false 75. _____ When obtaining a release of information, all members of the treatment unit who are old enough to consent should sign the release.
75. True - When obtaining a release of information, all members of the treatment unit who are old enough to consent should sign the release.
76
True or false 76. _____ A therapist should report to CPS if they find out one of their clients is dealing drugs to junior high students in the area
76. False - A therapist should report to CPS if they find out one of their clients is dealing drugs to junior high students in the area ## Footnote **not tarasoff and lets just say kids were our clients, would we file a report if they told us they were using drugs, no**
77
True or false 77. _____ 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.
77. True - 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. ## Footnote **TEST: wants to know you will rule out med condition**
78
True or false 78. \_\_\_\_\_Clinicians providing any treatment without a psychiatric consultation, when warranted, are considered to be practicing below the standard of care.
78. True - Clinicians providing any treatment without a psychiatric consultation, **when warranted**, are considered to be practicing below the standard of care. ## Footnote **different disorders are clear that you would refer (depression, mania, psychosis)**
79
True or false 79. _____ If the client has a legally designated conservator or guardian ad litem, then that person may exercise privilege on their behalf.
79. True - If the client has a legally designated conservator or guardian ad litem, then that person may exercise privilege on their behalf. ## Footnote **a guardian ad litem is when a minor has someone appointed, doesn’t have to be parent**
80
True or false 80. \_\_\_\_\_Parents may exercise the privilege on behalf of their child simply because they are that child's parents.
80. False - Parents may exercise the privilege on behalf of their child simply because they are that child's parents. ## Footnote **have to become a guardian ad litem**
81
True or false 81. \_\_\_\_\_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.
81. True - 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.
82
True or false 82. \_\_\_\_\_Clients have the right to revoke or modify release authorizations at will.
82. True - Clients have the right to revoke or modify release authorizations at will. ## Footnote **they can always change their mind**
83
True or false 83. \_\_\_\_\_A therapist has a legal duty to prevent suicide.
83. False - A therapist has a legal duty to prevent suicide. ## Footnote **don’t have to prevent, but we have to take appropriate preventative measures**
84
True or false 84. \_\_\_\_\_Clinicians must take “appropriate preventive measures” to avert harm to suicidal clients.
84. True - Clinicians must take “appropriate preventive measures” to avert harm to suicidal clients.
85
True or false 85. _____ Ethically, it is acceptable to wait until middle phase of treatment to determine who the unit of treatment is going to be.
85. False - Ethically, it is acceptable to wait until middle phase of treatment to determine who the unit of treatment is going to be. ## Footnote **determine early**
86
True or false 86. \_\_\_\_\_Minors may only consent to their own treatment if they are over the age of 12 and are victims of abuse.
86. False - Minors may only consent to their own treatment if they are over the age of 12 and are victims of abuse. ## Footnote **now they just have to be 12 and mature enough**
87
True or false 87. \_\_\_\_\_Clinicians are expected to recognize risk factors that can lead to actions resulting in harm to self or others.
87. True - Clinicians are expected to recognize risk factors that can lead to actions resulting in harm to self or others.
88
True or false 88. \_\_\_\_\_Not keeping mental health records that meet the standard of care is considered illegal and unprofessional conduct.
88. True - Not keeping mental health records that meet the standard of care is considered illegal and unprofessional conduct. ## Footnote **substandard records are illegal**
89
True or false 89. \_\_\_\_\_A clinician can hospitalize a client when the client’s mental or physical state causes him/her to be in imminent danger of harming self or others.
89. False - A clinician can hospitalize a client when the client’s mental or physical state causes him/her to be in imminent danger of harming self or others. ## Footnote **you can initiate, but not hospitalized**
90
True or false 90. \_\_\_\_\_Social isolation of an elder or dependent adult is a mandated report.
90. True - Social isolation of an elder or dependent adult is a mandated report.
91
True or false 91. \_\_\_\_\_A clinician can be deemed legally negligent when his/her treatment plan neglects or overlooks a client’s suicidal tendencies.
91. True - A clinician can be deemed legally negligent when his/her treatment plan neglects or overlooks a client’s suicidal tendencies.
92
True or false 92. \_\_\_\_\_When a client is over 18 years of age and discloses abuse he/she experienced as a child, the therapist is mandated to report it.
92. False - When a client is over 18 years of age and discloses abuse he/she experienced as a child, the therapist is mandated to report it.
93
True or false 93. \_\_\_\_\_A clinician is mandated to report all child abuse, including on children residing outside the state of California.
93. True - A clinician is mandated to report all child abuse, including on children residing outside the state of California. ## Footnote **report to people in california**
94
True or false 94. \_\_\_\_\_Therapist have 3 working days following a written request from a client to allow the client to inspect records.
94. False - Therapist have 3 working days following a written request from a client to allow the client to inspect records. ## Footnote **5 working days for inspection, 10 =summary = 15 copies**
95
True or false 95. \_\_\_\_\_A therapist should keep records for a minimum of 5 year to meet the standard of the profession.
95. False - A therapist should keep records for a minimum of 5 year to meet the standard of the profession. ## Footnote **7 years and if saw as a minor, keep til 25yo**
96
True or false 96. \_\_\_\_\_A therapist has 15 days to provide the patient with a copy of the records.
96. True - A therapist has 15 days to provide the patient with a copy of the records.
97
True or false 97. \_\_\_\_\_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.
97. True - 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. ## Footnote **if therapist does this, client can have records inspected by another therapist to see if there is reason for denial**
98
True or false 98. \_\_\_\_\_Client records are the property of the client.
98. False - Client records are the property of the client. ## Footnote **prop of therapist**
99
True or false 99. _____ The monetary value of the gift should be considered when deciding whether or not to accept a gift from your client.
99. True - The monetary value of the gift should be considered when deciding whether or not to accept a gift from your client.
100
True or false 100. _____ 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.
100. True - 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.
101
True or false 101. \_\_\_\_\_A therapist may deny a parent access to the minor’s record if the minor’s wellbeing would be jeopardized by releasing records to a parent.
101. True - A therapist may deny a parent access to the minor’s record if the minor’s wellbeing would be jeopardized by releasing records to a parent. ## Footnote **if 12 or older, patient can contribute to decision, but therapist can say I don’t advice to share**
102
True or false 102. \_\_\_\_\_If parents are married, both must sign the informed consent to treat their minor child.
102. False - If parents are married, both must sign the informed consent to treat their minor child. ## Footnote **if they are married only need one**
103
True or false 103. \_\_\_\_\_If parents were never married, either of them may consent for treatment of a minor child.
103. True - If parents were never married, either of them may consent for treatment of a minor child.
104
True or false 104. \_\_\_\_\_A 12 year old can consent for treatment if he/she is mature enough to participate intelligently in treatment.
104. True - A 12 year old can consent for treatment if he/she is mature enough to participate intelligently in treatment.
105
True or false 105. \_\_\_\_\_If a minor consents to his/her own treatment, he/she is responsible for the fees.
105. True - If a minor consents to his/her own treatment, he/she is responsible for the fees.
106
True or false 106. \_\_\_\_\_Any advertisements must include either the exact title of the practitioner’s license or the license number.
106. False - Any advertisements must include either the exact title of the practitioner’s license or the license number. ## Footnote **HAVE to have license number always**
107
True or false 107. \_\_\_\_\_It is unethical but legal to receive compensation for the referral of clients.
107. False - It is unethical but legal to receive compensation for the referral of clients. ## Footnote **both illegal and unethical**
108
True or false 108. \_\_\_\_\_If a therapist uses the term “psychotherapy” or “psychotherapist” in advertisements, he/she must include his/her license number.
108. True - If a therapist uses the term “psychotherapy” or “psychotherapist” in advertisements, he/she must include his/her license number.
109
True or false 109. \_\_\_\_\_Clinicians have a professional duty to discuss with their clients how insurance companies will manage their confidential information.
109. True - Clinicians have a professional duty to discuss with their clients how insurance companies will manage their confidential information.
110
True or false 110. \_\_\_\_\_Dual relationships between supervisors and supervisees are considered unprofessional conduct.
110. True - Dual relationships between supervisors and supervisees are considered unprofessional conduct. ## Footnote **never want to be a therapist and a supervisor at the same time**
111
True or false 111. \_\_\_\_\_It is a therapist’s legal duty to challenge a ‘denial of services’ from an insurance company.
111. False - It is a therapist’s legal duty to challenge a ‘denial of services’ from an insurance company. ## Footnote **not a legal duty, but it is an ethical duty**
112
True or false 112. \_\_\_\_\_The purpose of HIPAA is to standardize electronic patient health, administrative, and financial data.
112. True - The purpose of HIPAA is to standardize electronic patient health, administrative, and financial data.
113
True or false 113. \_\_\_\_\_It is unethical to accept gifts from clients.
113. False - It is unethical to accept gifts from clients. ## Footnote **take into account value, nature, and clinical impact**
114
True or false 114. \_\_\_\_\_When a person is unable to provide food, clothing, and shelter for himself or herself due to a mental disorder, he/she is considered gravely disabled.
114. True - When a person is unable to provide food, clothing, and shelter for himself or herself due to a mental disorder, he/she is considered gravely disabled. ## Footnote **definition gravely disabled -**
115
True or false 115. \_\_\_\_\_The legal requirements for a 5150 (involuntary hold) include when a person is a danger to self or other due to mental illness or he/she is gravely disabled.
115. True - The legal requirements for a 5150 (involuntary hold) include when a person is a danger to self or other due to mental illness or he/she is gravely disabled.
116
True or false 116. \_\_\_\_\_If a therapist learns that a client had sex with a previous therapist, he/she should file a complaint with the BBS.
116. False - If a therapist learns that a client had sex with a previous therapist, he/she should file a complaint with the BBS.
117
True or false 117. \_\_\_\_\_If a therapist learns that a client had sex with a previous therapist, he/she should provide the client with the brochure from the BBS outlining their rights and discuss the brochure’s contents.
117. True - If a therapist learns that a client had sex with a previous therapist, he/she should provide the client with the brochure from the BBS outlining their rights and discuss the brochure’s contents.
118
True or false 118. \_\_\_\_\_Termination may not be appropriate when a client is hospitalized, in crisis, or actively suicidal.
118. True - Termination may not be appropriate when a client is hospitalized, in crisis, or actively suicidal. ## Footnote **if have started termination process, hold off**
119
True or false 119. \_\_\_\_\_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.
119. True - 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. ## Footnote **especially when illuminating for counter transference or no progress. Document consultation**
120
True or false 120. \_\_\_\_\_A therapist must obtain signed written consent to provide teletherapy.
120. False - A therapist must obtain signed written consent to provide teletherapy. ## Footnote **doesn’t have to be signed**
121
True or false 121. \_\_\_\_\_A professional will explains who is responsible for a therapist’s files and clients if the therapist dies.
121. True - A professional will explains who is responsible for a therapist’s files and clients if the therapist dies.
122
True or false 122. \_\_\_\_\_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.
122. True - 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.
123
True or false 123. _____ A therapist should immediately terminate treatment with a client if the therapist is unable to effectively manage his/her countertransference.
123. False - A therapist should immediately terminate treatment with a client if the therapist is unable to effectively manage his/her countertransference. ## Footnote **want to seek treatment first, consult, seek therapy, support**
124
True or false 124. \_\_\_\_\_If a therapist suspects that a colleague is unable to perform his/her professional duties due to personal issues (e.g., substance abuse, mental health problems), the therapist should first report him/her to the BBS.
124. False - If a therapist suspects that a colleague is unable to perform his/her professional duties due to personal issues (e.g., substance abuse, mental health problems), the therapist should first report him/her to the BBS. ## Footnote **bring concern to colleague first , then BBS**
125
True or false 125. \_\_\_\_\_Therapists should refrain from bartering for services.
125. True - Therapists should refrain from bartering for services. ## Footnote **certain community/culture okay, but should be client initiated**
126
True or false 126. \_\_\_\_\_Therapist should explain how fees will be managed, including in the event that the client has not paid his/her fees.
126. True - Therapist should explain how fees will be managed, including in the event that the client has not paid his/her fees. ## Footnote **if you were gunna give information to a debt collector, must put that in informed consent, also let them know if you ever to send to collections**
127
True or false 127. \_\_\_\_\_A therapist has a legal right to withhold a client’s records if he/she has not paid his/her fees.
127. False - A therapist has a legal right to withhold a client’s records if he/she has not paid his/her fees.
128
True or false 128. \_\_\_\_\_Therapist should inform clients, to the extent possible, about the disclosure of confidential information and the potential consequences, when feasible before the disclosure is made.
128. True - Therapist should inform clients, to the extent possible, about the disclosure of confidential information and the potential consequences, when feasible before the disclosure is made. ## Footnote **lets say a therapist gets records subpoenaed, the therapist should discuss with client**
129
True or false 129. \_\_\_\_\_If a therapist’s records are stolen, the therapist should file a police report and notify the clients.
129. True - If a therapist’s records are stolen, the therapist should file a police report and notify the clients.
130
True or false 130. _____ If a therapist observes an act of child abuse while shopping at the mall, the therapist is mandated to make a report.
130. False - If a therapist observes an act of child abuse while shopping at the mall, the therapist is mandated to make a report. ## Footnote **if not on duty, not mandated reporter**
131
True or false 131. _____ HIPAA standards apply if a therapist communicates electronically.
131. False - HIPAA standards apply if a therapist communicates electronically. ## Footnote **must be communicating electronically and with a 3rd party payer – once you to it once, have to do it forever**
132
True or false 132. \_\_\_\_\_It is legal but unethical to advertise false skills and specialties.
132. False - It is legal but unethical to advertise false skills and specialties. ## Footnote **illegal and unethical**
133
True or false 133. _____ The font on a authorization to release information must be at least 12 point.
133. False - The font on a authorization to release information must be at least 12 point. ## Footnote **14 point**
134
True or false 134. _____ Changing a client’s diagnosis to ensure payment by insurance is acceptable with client’s consent.
134. False - Changing a client’s diagnosis to ensure payment by insurance is acceptable with client’s consent. ## Footnote **illegal = fraud**
135
True or false 135. \_\_\_\_\_A therapist must notify the BBS of change of name or address within 30 days.
135. True - A therapist must notify the BBS of change of name or address within 30 days.
136
True or false 136. \_\_\_\_\_An incarcerated client loses their right to privilege.
136. False - An incarcerated client loses their right to privilege. ## Footnote **still have privilege**
137
True or false 137. \_\_\_\_\_A baby who tests positive for drugs at birth would require a mandated child abuse report.
137. False - A baby who tests positive for drugs at birth would require a mandated child abuse report. ## Footnote **not enough to file a report – need to assess for other abuse or neglect**
138
True or false 138. \_\_\_\_\_A therapist must notify the BBS of any convictions, including a DUI, within 30 days.
138. True - A therapist must notify the BBS of any convictions, including a DUI, within 30 days.
139
True or false 139. \_\_\_\_\_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.
139. True - 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. ## Footnote **Conflict of interest is a specific type of dual relationship – becomes conflict when therapist has connection that makes them wanna steer treaty in certain direction ex, client works with you wife** **also , when you see a person that you used to date.** **Conflict = when personal connection and leads to motives to drive therapy in a certain direction** **Dual relationship that is a no conflict of interest would be like when I and a client go to same church**
140
True or false 140. \_\_\_\_\_Parents who are in prison lose their rights to access their minor child’s records.
140. False - Parents who are in prison lose their rights to access their minor child’s records. ## Footnote **being in prison doesn’t mean the cant access**
141
True or false 141. \_\_\_\_\_After a client dies, the client’s designated personal representative or the legal executor of his or her estate has a right under law to access the records.
141. True - After a client dies, the client’s designated personal representative or the legal executor of his or her estate has a right under law to access the records. ## Footnote **can be termed personal rep or executor**
142
True or false 142. \_\_\_\_\_A minor may not consent to convulsive therapy, psychosurgery, or psychotropic medication without the consent of the minor’s parent or guardian.
142. True - A minor may not consent to convulsive therapy, psychosurgery, or psychotropic medication without the consent of the minor’s parent or guardian. ## Footnote **not necessarily on you, but therapist should have a conversation with the client about telling parents**
143
True or false 143. \_\_\_\_\_During the initial session, informed consent should include a discussion of the risks and benefits of treatment and the purpose of therapy.
143. True - During the initial session, informed consent should include a discussion of the risks and benefits of treatment and the purpose of therapy. ## Footnote **Focus on during informed consent = fees should be discussed before first session; risk and benefits; purpose of therapy (goals and expectations); scope of practice and scope of competence**
144
True or false 144. \_\_\_\_\_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.
144. True - 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. ## Footnote **part of being on insurance panel and being on HIPPA, when patient uses insurance, they signed up for this; don’t need to go back and get the client to agree to this, they agreed when they sign their insurance doc**
145
True or false 145. \_\_\_\_\_I am going to pass this exam.
145. True - I am going to pass this exam.

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