LE 3 Flashcards

1
Q

A psychologist’s former client, who has received several notifications regarding their outstanding bill, sends a written request and authorization form to the psychologist for their treatment records. The client indicates that he would like to share these records with his current therapist. The psychologist should:
Select one:

A.
release the records after the cilent pays their bill

B.
release the records

C.
release the records only if it is an emergency

D.
release the records to the current therapist only

A

The correct answer is B.

Per APA Ethics Code 6.03, “psychologists may not withhold records under their control that are requested and needed for a client’s/patient’s emergency treatment solely because payment has not been received.” However, according to HIPAA, psychologists may not under any circumstances withhold records for nonpayment. Thus, it is technically ethical but actually illegal to withhold the records for nonpayment in non-emergency situations. Therefore, the psychologist should release the records to the client.

Answers A & C: The psychologist cannot withhold treatment records for nonpayment regardless of whether or not it is an emergency or non-emergency.

Answer D: Given that the request is coming from the former client, the psychologist should release the records directly to the client rather than the treating therapist.

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2
Q

A psychologist is treating a minor who was legally authorized to seek treatment by himself. The client’s mother emails the psychologist with a written request for the client’s treatment records. How should the psychologist respond to this request?
Select one:

A.
The psychologist should offer to write a treatment summary rather than release the records.

B.
The psychologist should discuss this request with the client and then release the records.

C.
The psychologist should not release the records, and offer to schedule a phone call with the client’s mother to discuss the treatment plan

D.
The psychologist should not release the records.

A

The correct answer is D.

If a minor is legally authorized to get treatment by himself or herself, their parent or guardian may be denied access to the treatment records. Also, per California law, when a minor participates in therapy with their parent’s consent, the minor’s parent or guardian may be denied access to the treatment record if the provider determines that this would have a detrimental impact on the therapeutic relationship or the minor’s physical or emotional wellbeing.

Answer A: Although psychologists often offer to write a treatment summary in lieu of the treatment records, this psychologist should not release anything (treatment summary or records) to the minor’s parent, as the client was legally authorized to obtain treatment on their own.

Answer B: The psychologist may decide to discuss this request with the client; however, they should not release the records without the client’s consent.

Answer C: Similarly, in this situation, the psychologist should not review any confidential information during a phone call with the client’s mother.

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3
Q

As a thank you for sending new therapy clients, a psychologist regularly sends a therapist a gift card. This behavior is considered: _______________.
Select one:

A.
unethical

B.
ethical

C.
unethical if the gift card was over $50

D.
ethical if the therapist gave the client other referrals as well

A

The correct answer is A.

Per APA Ethics Code 6.07, payments or fee-splitting between psychologists and other professionals must be based on services provided (clinical, administrative, etc.). Psychologists cannot pay another professional for a referral, as this may lead to a conflict of interest. In addition, per CA Laws and Regulations, Article 6, “any rebate, refund, commission, preference, patronage dividend, discount, or other consideration, whether in the form of money or otherwise, as compensation or inducement for referring patient, clients, or customers to any person is unlawful.” Thus, sending gifts for referrals, particularly when they are of significant monetary value and/or are sent on a regular basis, is unethical and illegal.

Answer B: This behavior is generally frowned upon and considered unethical.

Answer C: Sending small gifts (under $50) to referral sources during the holidays may be seen as acceptable behavior. However, in this question the psychologist is regularly sending a gift card as a thank you for a referral, which is considered unethical.

Answer D: Regardless of whether or not the therapist also gave the client other referrals, the therapist may have been influenced by the history of gift giving to refer to this psychologist, which is considered unethical.

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4
Q

A psychologist would like to transfer their records to an electronic record keeping system. Upon storing the records electronically, the original copies should be ________________.
Select one:

A.
kept for a minimum of 3 years

B.
kept for a minimum of 5 years

C.
kept for a minimum of 7 years

D.
destroyed

A

The correct answer is D.

After the records are stored electronically, the original hard copies may be destroyed and there is no requirement to store the original hard copies for a minimum amount of time. Psychologists should ensure that electronic records are kept safe and intact.

Answers A & B are incorrect.

Answer C: California law requires that treatment records are maintained for all patients for a minimum of seven years after the treatment has been completed. For minors, treatment records should be kept until the patient turns 25 years old.

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5
Q

A client, who is the president of a large company, tells their psychologist that they are looking to hire a new director of sales. The psychologist passes on this information to another one of their clients after they mention that they recently lost their job and are looking for employment. Did the psychologist break confidentiality?
Select one:

A.
Yes, this would constitute as a breach of confidentiality.

B.
No, this would not constitute as a breach of confidentiality if the psychologist did not reveal the name of the client.

C.
No, this would not be considered a breach of confidentiality if the information is also posted publicly.

D.
Yes, this would be considered a breach of confidentiality if the source of this information was reasonably identifiable.

A

The correct answer is A.

Confidentiality refers to a patient’s right to have communications kept within the bounds of the professional patient-therapist relationship. This information cannot be revealed to anyone outside of the professional relationship, unless this is permitted by law or mandated by law. A breach of confidentiality occurs when a psychologist discloses a patient’s confidential information to a third party without a signed authorization. In this question, the psychologist is sharing confidential information that was obtained during their treatment with another client. Thus, this would constitute a breach of confidentiality.

Answers B & D: Even if the psychologist did not reveal the name of their client, they cannot disclose information that was obtained within the bounds of treatment.

Answer C: If the psychologist obtained this information from a public website rather than from their patient, this would not constitute as a breach of confidentiality. However, in this situation, the psychologist obtained the information from their patient, which is a break in confidentiality.

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6
Q

A client tells their psychologist that their previous therapist often discussed his troubled marriage and asked for advice on their personal life. The client also reported that this therapist would stand a bit too close to her and put his hand on her lower back when they were walking out of the therapy office, which made her uncomfortable. The psychologist feels that this therapist made an ethical violation. They should:
Select one:

A.
Report these concerns to the licensing board.

B.
Discuss these concerns with the previous psychologist and attempt to resolve the issue.

C.
Validate the clients experience and discuss coping strategies.

D.
Discuss the rules and guidelines that govern a psychologist’s behavior and the patient’s right to file a complaint.

A

The correct answer is D.

First and foremost, the psychologist must protect their clients confidentiality. As a result, they should discuss these concerns with the patient and their right to report.

Answer A: The psychologist cannot make a report to the Board unless they have a signed authorization from their patient.

Answer B: Similarly, the psychologist cannot reach out to the previous psychologist, as this would break their patients confidentiality.

Answer C: While the psychologist should validate their patients experience and provide coping skills, they should also review the guidelines and regulations for psychologists and the patient’s right to report this behavior to the ethics committee or state licensing board.

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7
Q

During a session, a client tells their therapist that they are extremely upset with their neighbor who lives across the street. They are planning to smash their neighbors mailbox tomorrow night with a hammer while they are sleeping. The therapist should:
Select one:

A.
Report this to local law enforcement and attempt to warn the neighbor.

B.
Report this to local law enforcement.

C.
Validate their clients experience and discuss coping techniques

D.
Attempt to warn the neighbor.

A

The correct answer is C.

This question raises the issue of Tarasoff, which refers to a therapists legal duty to warn, protect, and predict when a client (or their family members) communicate to the therapist that there is a serious threat of physical violence against a reasonably identifiable victim(s). If so, the therapist should make reasonable efforts to communicate the threat to the victim or victims and the law enforcement agency. In this situation, the patient is making a threat towards someone’s property, which does not constitute a Tarasoff situation. Thus, the therapist should not break confidentiality by reporting this to local law enforcement or attempting to warn the victims family.

Answers A, B, and D: Instead, the therapist should discuss ways to cope with these negative feelings. Moreover, they may explore the potential adverse consequences associated with smashing in their neighbor’s mailbox. Of note, if the patient made a threat to a person’s property that would also result in someone being harmed, this would be considered a Tarasoff situation and the therapist should report this to local law enforcement and attempt to warn the victims family.

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8
Q

A 17-year-old client tells their psychologist that he got into a physical fight with a classmate at his school and shows him the bruises on his arms. He says that he frequently fights and messes around with this classmate during recess. The psychologist should _____________.
Select one:

A.
report this incident to child protective services

B.
call the clients parents and make a safety plan

C.
further assess the situation to determine if both parties are willingly engaging in this fight

D.
continue to treat the client and keep this information confidential

A

The correct answer is C.

Per California Laws and Regulations section 11165.6, the term “child abuse or neglect includes physical injury or death inflicted by other than accidental means upon a child by another person, child abuse or neglect does not include a mutual affray between minors.” Thus, it is important to understand whether or not both parties have the intent to fight with one another. For example, two children willingly wrestling with each other during recess is not considered child abuse and reportable, despite one child having bruises. Thus, the psychologist should further assess the situation. Is the child scared or afraid of this other boy? Or, are they both on the wrestling team and practice during recess? More information is needed here.

Answer A: Given the information provided, the psychologist should further assess the situation before filing a report. The psychologist could call child protective services to consult in this situation though.

Answer B: Similarly, it would be important to check in with the parents if the child is unsafe; however, the psychologist should further assess the situation before breaching confidentiality and talking with the parents.

Answer D: Again, depending on the circumstances surrounding this incident, this may be the appropriate choice; however, more information is needed. The client may be sharing this information to get help and thus it would be appropriate for the psychologist to make a safety plan for the client.

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9
Q

A psychologist who is licensed in New York would like to start treating a client who lives in California. In accordance with the California Board of Psychology, the psychologist can provide psychological services in California for up to ___ days in the calendar year.
Select one:

A.
45

B.
30

C.
180

D.
15

A

The correct answer is B.

Per the California Board of Psychology, a psychologist who is licensed in another state can provide psychological services in California for up to 30 days in the calendar year.

Answers A & D are incorrect.

Answer C: If the psychologist has applied to the board for a California license, they can provide services in California for up to 180 calendar days from when they submitted their application or started living in California, whichever comes first.

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10
Q

A client is in therapy to address symptoms of depression and anxiety related to their recent breast cancer diagnosis. The treating psychologist lost their mother to breast cancer last month and frequently tears up when the client discusses her diagnosis. During the last few sessions, the psychologist has started to deflect the clients conversation away from their breast cancer diagnosis, as it is too painful to discuss. How should the psychologist proceed?
Select one:

A.
Seek consultation to determine if the psychologist can remain objective in treatment.

B.
Continue to treat the client, as these personal difficulties will improve overtime.

C.
Seek their own personal therapy for the loss of their mother.

D.
Refer the patient out to another provider.

A

The correct answer is D.

Per the APA Ethics Code, 2.06 Personal Problems and Conflicts, “when psychologists become aware of personal problems that may interfere with their performing work-related duties adequately, they should take appropriate measures, such as obtaining professional consultation or assistance, and determine whether they should limit, suspend, or terminate their work-related duties.” Moreover, a therapist should refer a patient out when their personal beliefs or issues are interfering with the effectiveness of therapy. In this question, the psychologist’s recent loss of a parent due to breast cancer is impeding their ability to discuss the client’s primary concern in session. Avoiding this topic is likely making the therapy less effective and may even be harmful to the patient. Thus, the psychologist should refer the patient out to another provider.

Answer A: Consultation would help the psychologist determine if they are able to stay objective and effective when treating a client. However, in this instance, it is clear that the psychologist’s history is negatively impacting the treatment as they are unable to devote the therapy time to discuss the client’s main concerns. Thus, referring the patient out is the best option listed.

Answer B: Preventing the client from discussing their main concerns may be harmful to their well-being and overall treatment. The psychologist should therefore take action rather than wait it out.

Answer C: While seeking their own therapy may be helpful, it does not address the primary issue of what a psychologist should do when their personal beliefs are interfering with the treatment.

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11
Q

A psychologist who has been licensed for two years writes an online advertisement that says she has been practicing in the field for ten years, which includes her time in graduate school. Upon sharing this advertisement with a colleague to ensure that they are following the APA Ethics Code, they suggest that the psychologist _____________.
Select one:

A.
remove this statement as it is misleading to the public

B.
include her licensing number in the advertisement

C.
include her licensing number and the date of licensure in the advertisement

D.
keep the ad as written

A

The correct answer is A.

Per the APA Ethics Code, Advertising and Other Public Statements, 5.01, “psychologists do not make false, deceptive, or fraudulent statements concerning (1) their training, experience, or competence.” Although the psychologist was “practicing in the field for ten years” while she was in graduate school, this statement may be misleading to the public. Specifically, the public may assume that she has been licensed for 10 years. Therefore, the psychologist should remove this statement.

Answer B: Psychologists must include their license number in any advertising, public directory, or solicitation of business. However, this suggestion does not address the underlying issue of making a misleading statement to the public and thus removing that statement.

Answer C: Although providing the date of licensure may help elucidate the number of years the psychologist has been licensed, it is possible that the public may not know how to interpret this date and thus defer to the misleading statement made by the psychologist.

Answer D: As mentioned previously, the psychologist should remove this statement to ensure that she is not making any deceptive statements to the public regarding her training, experience, or competence.

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12
Q

An adult patient tells their psychologist that their father physically abused them as a child. The psychologist should:
Select one:

A.
report this incident if it was a frequent occurrence.

B.
report this incident if it was associated with using an object on bare skin.

C.
encourage the client to report this abuse on their own.

D.
maintain confidentiality and discuss this further in therapy.

A

The correct answer is D.

If an adult patient reports a history of child abuse, the psychologist should determine if there are any children currently at risk. For example, if the perpetrator has access to children and may be abusing children. If so, the psychologist should file an abuse report. If not, the psychologist should maintain confidentiality. In contrast, if a minor reports a history of child abuse, the psychologist is required to make a report. For this question, given the information provided, the psychologist is not required to report this history of abuse.

Answers A & B: If a minor was reporting the abuse, then the psychologist should report the abuse regardless of whether or not it was a single event or frequent occurrence. In addition, if a minor is reporting an incident or physical injury involving an object on bare skin, a report should be made.

Answer C: Again, child abuse is reported when it is reported by a minor or if there is a risk of this abuse is occurring now. Although the adult patient may decide to report this incident, the psychologist is not obligated to report the abuse. Moreover, it may not be clinically indicated for the psychologist to encourage the client to report their history of child abuse.

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13
Q

A child client informs their psychologist that their mother slapped them in the face after they made a racist comment at the dinner table. The client reports that this is the first time something like this has happened. Is this considered child abuse?
Select one:

A.
Yes, this is considered child abuse.

B.
Yes, this is considered child abuse if the incident left a bruise or mark on their face.

C.
No, if the child is at least 16 years old.

D.
No, a parent is permitted to discipline their child.

A

The correct answer is B.

Per the California Laws and Regulations, Section 11165.6 Child Abuse or Neglect, “child abuse or neglect includes physical injury or death inflicted by other than accidental means upon a child by another person.” In California, parents are permitted to discipline children with corporal punishment, including spanking; however, this discipline should not include “willful cruelty, unjustifiable or unreasonable punishment, or unlawful corporal punishment or injury. Generally speaking, a child abuse report should be made if the physical insurance is associated with a bruise or mark on the child. Or, if the discipline involves using an object on bare skin (belt buckle on bare skin) or hitting with a closed fist. In this situation, this would be considered child abuse if the incident left a mark or bruise on the child’s face.

Answer A: Given the information provided, it is difficult to determine whether or not this would be considered child abuse or a physical injury. Thus, more information, such as whether or not the incident left a mark or bruise is needed.

Answer C: Per California Laws and Regulations, Section 11165, “child means a person under the age of 18 years.” Thus, a child abuse report could be made for a 16 or 17-year-old.

Answer D: Again, reasonable parental discipline is allowed and slapping a child for using a racial slur may not constitute as child abuse, unless there was a physical injury. Thus, as Answer B indicates a physical injury, this is the best option.

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14
Q

A psychologist who is licensed in California would like to start temporarily treating a patient via telehealth. The psychologist:
Select one:

A.
should obtain verbal or written consent from the patient for use of telehealth prior to delivering these services.

B.
can only obtain written consent from the patient for use of telehealth prior to delivering these services.

C.
does not need to obtain any additional consent forms for telehealth.

D.
should ensure that their telehealth is fully HIPAA-compliant if they are providing services during the coronavirus pandemic.

A

The correct answer is A.

Per California law, psychologists should obtain verbal or written consent before delivering telehealth or telemedicine services to a patient.

Answers B & C: Psychologists should obtain written OR verbal consent, and make sure that the consent is documented. This is the case regardless of whether or not the services are temporary.

Answer D: In April 2020, a good faith provision of telehealth services during the COVID-19 public health emergency was issued. Per a California executive order, “if you are a covered health care provider subject to HIPAA, your delivery of psychological services via telehealth is not required to be HIPAA compliant, but must be consistent with the notification, and you must give due consideration to the measures encouraged by the notification to safeguard patient privacy.” The order further states that psychologists can use many popular applications, such as Apple Facetime, Facebook Messenger video chat, Google Hangouts, Zoom, and Skype, though they should notify their patients that these third-party applications may introduce privacy risks.

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15
Q

The Board of Psychology (BOP) recognizes a spectrum of actions that are available when dealing with consumer complaints against licensed psychologists. Which of the following is considered a non-disciplinary and public procedure taken by the BOP to address minor violations?
Select one:

A.
Citation and Fine

B.
Order of Abatement

C.
Educational Letter

D.
Probation

A

The correct answer is A.

Citations and fines are considered a “non-disciplinary” action taken by the BOP to address minor violations, such as false advertising or misrepresentation. They are public record and thus are not kept confidential.

Answer B: Orders of abatement are actually included in all citation and fine cases and specifically requires the cessation of certain activities or behaviors. An order of abatement may follow an educational letter or letter of warning (see below) if the individuals fail to heed the warning.

Answer C: An educational letter or a letter of warning is also considered a non-disciplinary procedure taken by the BOP to address a minor infraction. This letter is kept confidential and is used to educate a licensee of the requirements of the law to avoid future violations or possible disciplinary action.

Answer D: A licensee is placed on probation after they received a formal statement of charges. Probation is considered a disciplinary action taken by the BOP and is public information. More information regarding BOP administrative actions can be found here: https://www.psychology.ca.gov/consumers/spectrum.shtml

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16
Q

Is a psychologist who works in a private practice considered a HIPAA covered entity?
Select one:

A.
Yes, if they are licensed in the state of California.
Incorrect

B.
Yes, all mental health practitioners are required to follow HIPAA.

C.
No, if they do not accept insurance and do not bill electronically.

D.
No, if they do accept third party reimbursement.

A

The correct answer is C.

The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that was signed into effect in 1996. The HIPAA rules are complex and apply to covered entities and business associates. HIPAA covered entities include health plans and certain health care providers. Specifically, health care providers, such as doctors and psychologists, are considered HIPAA covered entities if they transmit any health information in electronic form in connection with a transaction.

Answers A & B: While extremely rare, not every licensed psychologist or mental health practitioner is subject to HIPAA. For example, a psychologist who does not accept insurance or bill electronically is not considered a HIPAA covered entity.

Answer D: Even if a psychologist does not accept third-party reimbursement, they may bill their clients electronically, which would make them a HIPAA covered entity.

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17
Q

As part of an Employee Assistance Program (EAP), a psychologist is providing therapy services to an employee at the expense of the employer. The employer asks the psychologist if their employee, Mark, attended therapy sessions within the past month. Can the psychologist release this information?
Select one:

A.
Yes, the psychologist can release the employees diagnosis(es) and session attendance for billing purposes.

B.
Yes, if Mark is participating in mandatory counseling due to disciplinary problems.

C.
Yes, the psychologist can release information on the employees diagnoses, session attendance, and functional limitations that may impact their ability to perform at work.

D.
No, the psychologist cannot release any information regarding the employee without a signed authorization form.

A

The correct answer is B.

Confidentiality is the hallmark of an EAP to ensure its success. However, if the employee agrees to participate in counseling as part of disciplinary action or is referred to therapy by their employer, the psychologist can disclose the number of sessions attended to their employer.

Answers A, C, & D: Generally speaking, the psychologist cannot disclose any information related to the employees identity, diagnosis, or treatment plan without a signed authorization form. Exceptions to confidentiality arise when there is an employee who is participating in mandatory counseling sessions as part of disciplinary action, if there is a suspicion of child or elder abuse, and during safety emergencies.

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18
Q

A child client recently started therapy to address symptoms of depression. During a therapy session, the client discloses that their symptoms started after they were raped a few weeks ago. Can the psychologist share this information with the client’s parents without the client’s consent?
Select one:

A.
Yes, if the client requires medical care.

B.
Yes, a health care provider is permitted to inform a minors parent or guardian without the minors consent if the minor alleges that they were raped.

C.
Yes, if the client is younger than 12 years of age.

D.
No, this information can only be released with the client’s consent.

A

The correct answer is C.

If a child is younger than 12 years old and reports that they have been raped, the psychologist must attempt to contact the child’s parents or guardian. The psychologist should record the date and time of the attempt and whether the attempt was successful or not.

Answer A: A minor of any age that reports that they have been raped can consent to medical care related to diagnosis, treatment, and collection of evidence.

Answer B: If the client is 12 years or older, the psychologist should keep this information confidential and they are not permitted to release this information without the minor’s consent. Thus, health care providers can only release this information if the child is younger than 12 years old.

Answer D: Again, if the client is 12 years or older, the psychologist can only release this information with the minor’s consent.

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19
Q

A psychologist’s treatment records are subpoenaed after their client’s death. The psychologist should:
Select one:

A.
refuse to release the records, as psychotherapist-patient privilege survives the death of a patient.

B.
offer to provide a treatment summary.

C.
release the treatment records if they are needed for a legal proceeding.

D.
release the records if the personal representative of the deceased is authorizing the release.

A

The correct answer is D.

Per California Laws and Regulations Code 56.11, “an authorization for the release of medical information by a provider of health care, health care service plan, pharmaceutical company, or contractor shall be valid if it is signed and dated by one of the following (4) the beneficiary or personal representative of a deceased patient.” Thus, the holder of privilege is the personal representative of the deceased, which is generally the executor or administrator of the estate. This person can waive or assert privilege on behalf of the deceased patient. Generally speaking, if the treatment records of a deceased client are requested, the psychologist should assert privilege and resist disclosure of the records until the holder of privilege gives them direction. For answer D, the personal representative of the deceased is requesting the records and thus the psychologist should follow their wishes and release the records.

Answer A: While the psychologist should take care in protecting their clients confidentiality following their death, the treatment records can be released if requested by the personal representative of the deceased.

Answer B: The psychologist could offer to provide a treatment summary; however, this does not get at the underlying issue of who holds the privilege following a clients death and thus is not the best answer available.

Answer C: However, treatment records are commonly subpoenaed for legal proceedings and psychologists should follow the proper channels (check-in with the holder of privilege) before releasing any records. Of note, if the treatment records are being requested via a court order, the psychologist should release the records and follow the court order.

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20
Q

A client is participating in court-ordered therapy. A few sessions into this treatment, the court requests information regarding the clients progress. Can the psychologist release this information to the court?
Select one:

A.
Yes, the court has a right to the information and there is no confidentiality.

B.
Yes, though the psychologist should only release the minimum amount of information necessary to answer the questions from the court.

C.
Yes, though only information on the client’s diagnosis and session attendance can be released.

D.
No, the psychologist cannot release any information to the court without a signed release from the client.

A

The correct answer is D.

In court-ordered therapy, the client hires the psychologist. Therefore, the client has a right to confidentiality and information can only be provided to the court if they have a signed authorization form from the client. Ideally, the psychologist should clarify the nature of the court-ordered treatment and the information that the court may need or request at the onset of treatment. Nevertheless, the psychologist can only release information to the court if the client signs a release form.

Answers A, B & C: Again, for court-ordered therapy, the client hires the psychologist. Therefore, the client is the client and has a right to confidentiality. Of note, for court-ordered evaluations, the client is the court and thus there is no confidentiality.

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21
Q

A psychologist is starting therapy with a new patient. While they obtained verbal informed consent, they forgot to have the patient sign an informed consent form. How should the psychologist proceed?
Select one:

A.
The psychologist can proceed with treatment and should document that they obtained verbal consent.

B.
The psychologist can proceed with treatment if they document that they will obtain written consent at the next available opportunity.

C.
The psychologist should email the patient the consent form and ask them to sign and return the form within 24 hours.

D.
The psychologist should not proceed with treatment until they obtain both verbal and written informed consent.

A

The correct answer is A.

Per the APA Ethics Code, section 3.10 Informed Consent, when psychologists provide therapy, they should “obtain the informed consent of the individual or individuals using language that is reasonably understandable to that person or persons[and psychologists should] appropriately document written or oral consent, permission, and assent.” In other words, while it is considered standard practice to secure verbal and written informed consent, the APA ethics code only requires that informed consent is provided and documented. Thus, the psychologist can proceed with treatment with verbal informed consent and should document this in their notes.

Answers B, C, & D: Although the psychologist may want to obtain written consent, it is not necessary to proceed with treatment.

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22
Q

A patient reports that they were involved in a drunk driving accident five years ago that resulted in the death of a middle-aged woman. They further disclose to their psychologist that they fled the scene of the crime and that the case is likely still open. The psychologist should:
Select one:

A.
report the crime to the authorities, as this is the protocol for open criminal cases.

B.
keep this confidential.

C.
report the crime to the authorities, as it occurred within the past seven years.

D.
report the crime to the authorities, as this will ultimately help the patient move forward.

A

The correct answer is B.

Generally speaking, all communication between a psychologist and their patient is kept confidential. Thus, if a patient discloses that they have committed a crime, including homicide, this is kept confidential. Of note, there are exceptions to confidentiality, such as if a patient makes a serious threat of future violence to a person or if a patient reports that they are abusing a child, elder, or dependent adult.

Answer A: Regardless of whether or not the case is open or closed, this information is kept confidential.

Answer C: Similarly, there is no time limit for when a case should or shouldn’t be reported to the authorities and this information should be kept confidential.

Answer D: The psychologist should not break confidentially by reporting this crime to the authorities, despite whether or not they think it would help their patients overall treatment.

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23
Q

On three separate occasions, a patient makes sexual advances towards their psychologist. During a recent session, the patient puts his hand on the psychologist’s thigh and laughs after she stands up and moves away. He then tells the psychologist that he always gets what he wants. The psychologist should ____________________.
Select one:

A.
discuss the pamphlet Professional Therapy Never Includes Sex during their next session

B.
discuss how the patients behavior manifests in other relationships during their next session

C.
start the process of pretermination counseling during their next session

D.
terminate the therapy prior to their next session

A

The correct answer is D.

Per the APA Ethics Code, Section 10.10 Terminating Therapy, “psychologists may terminate therapy when threatened or otherwise endangered by the client/patient or another person with whom the client/patient has a relationship.” As the psychologist is feeling “highly uncomfortable” and likely threatened, they are fully within their rights to terminate the therapy. Of note, the psychologist could break confidentiality and seek a protective order against a client/patient if they suspect that they will threaten or harm them.

Answer A: When a psychologist becomes aware through a patient that they had a sexual relationship with a psychologist during the course of treatment, they should review this pamphlet with their patient. Although the psychologist could review this pamphlet with their patient, this answer does not address the underlying issue of the psychologist’s safety.

Answer B: It would be helpful to address this behavior with the client. However, the behaviors described in the vignette make it difficult to continue with the treatment.

Answer C: Per the APA Ethics Code, “except where precluded by the actions of clients/patients or third-party payors, prior to termination psychologists should provide pretermination counseling and suggest alternative services providers as appropriate.” Thus, while psychologists are encouraged to provide pretermination counseling, this is not required by the ethics code and depends on the specific circumstances. As it is likely that this behavior will continue in a future session and possibly even escalate, the psychologist should terminate the therapy and provide appropriate referrals.

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24
Q

During a group therapy session, a client takes out her phone, takes a picture with the group members, and says that she is going to post the photo to her social media account. The psychologist leading the group should:
Select one:

A.
ignore this behavior and praise the client when she is participating in the group discussion.

B.
refer to the group rules which states that the group members will maintain confidentiality and discuss that posting the photo on social media violates this rule

C.
tell the clients that they have legal and ethical responsibility to maintain the confidentiality of the group members and should therefore delete the photo

D.
ask the client to obtain permission from the group members before posting the photo on social media

A

The correct answer is B.

At the onset of group therapy, psychologists should discuss the unique roles and responsibilities of both the psychologist and the group members. Specifically, the psychologist should discuss their obligation to maintain confidentiality and the limits of confidentiality. Also, the psychologist should clarify that while the clients or group members are not legally or professionally obligated to maintain confidentiality, they can request that all group members maintain confidentiality. Thus, the psychologist should refer to the group rules, which states that the group members will maintain confidentiality, and discuss how posting the photo would violate this rule.

Answer A: Although positive reinforcement can be helpful to decrease disruptive behaviors, this answer does not get at the underlying issue of confidentiality.

Answer C: While the group members should be encouraged to maintain confidentiality, they are not bound by a professional code and do not have a legal obligation to maintain confidentiality.

Answer D: While this is a reasonable request, the other group members may feel pressured into giving their permission to post the photo. Thus, the psychologist should indicate that this behavior would violate the group rules. Ideally, the psychologist should also create group rules regarding social media use so that they can refer to these policies when issues arise.

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25
Q

A psychologist is utilizing cognitive behavioral therapy (CBT) to treat a client with a DSM-5 diagnosis of Generalized Anxiety Disorder. During their fifth therapy session, the client reveals that she is experiencing motor tics when she is feeling anxious and would like to reduce these behaviors. Although the psychologist is familiar with the Comprehensive Behavioral Intervention for Tics (CBIT), they do not have clinical experience treating clients with motor tics. Thus, the psychologist should:
Select one:

A.
seek consultation in this area.

B.
refer the client out

C.
seek supervision in this area.

D.
continue to treat the clients anxiety, as this will likely improve her motor tics.

A

The correct answer is A.

Psychologists need to practice within the scope of their competence. One of the gold standard treatments for motor tics is Comprehensive Behavioral Intervention for Tics (CBIT), which includes a combination of awareness training and competing response training. Although the psychologist is familiar with this treatment, they do not have clinical experience using this technique and thus are not ready to practice this technique independently. As a result, they should seek consultation or additional training.

Answer B: The psychologist has experience treating the primary concern (GAD) and it may be harmful to abruptly end treatment. Thus, the psychologist should continue with treatment with additional consultation.

Answer C: Supervision typically occurs when a psychologist is in training. The psychologist is familiar with treating the disorder; however, if they were in the early stages of their career prior to licensure, they should seek supervision to develop clinical experience using the technique described in this case.

Answer D: The psychologist should make an effort to address the client’s overall clinical presentation, which includes motor tics.

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26
Q

A client tells their therapist that they have also been participating in therapy with another therapist for the same issues. How should the psychologist proceed?
Select one:

A.
The psychologist should carefully consider any potential issues and seek outside consultation when working with the client to ensure the welfare of the client.

B.
The psychologist should encourage the client to only see one therapist, as seeing two therapists for the same issue can lead to confusion.

C.
The psychologist should obtain a release form to coordinate treatment with the other provider.

D.
The psychologist should further clarify the need for two therapists, carefully consider any potential issues, discuss these issues with the client, and proceed with caution and sensitivity.

A

The correct answer is D.

Per the APA Ethics Code, Section 10.04, Providing Therapy to Those Served by Others, “in deciding whether to offer or provide services to those already receiving mental health services elsewhere, psychologists should carefully consider the treatment issues and the potential clients/patients welfare. Psychologists should discuss these issues with the client/patient or another legally authorized person on behalf of the client/patient in order to minimize the risk of confusion and conflict, consult with the other service providers when appropriate, and proceed with caution and sensitivity to the therapeutic issues.”

Answer A: Although the psychologist should carefully consider any potential issues, the ethics code does not mandate outside consultation.

Answer B: There is a high potential for confusion, which may hinder the clients treatment; however, the ethics code does not necessarily ban a client from seeing two therapists and this answer is too prescriptive.

Answer C: The psychologist should obtain a release form to consult with the other therapist; however, this response does not address the need to discuss any potential issues with the client and proceed with caution and sensitivity.

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27
Q

Per the APA Ethics Code, which of the following best describes when a psychologist can terminate therapy?
Select one:

A.
When it is reasonably clear that the client no longer needs the service, is not likely to benefit, or is being harmed by continued service.

B.
When it is reasonably clear that the client or someone close to the client is threatening or endangering the psychologist.

C.
When it is reasonably clear that the client no longer needs the service, is not likely to benefit, or is being harmed by continued service or the client or someone close to the client is threatening or endangering the psychologist.

D.
The psychologist can terminate therapy at any time, as long as they provide pre-termination counseling.

A

The correct answer is C.

Per the APA Ethics Code Section 10.10 Terminating Therapy, “(a) Psychologists terminate therapy when it becomes reasonably clear that the client/patient no longer needs the service, is not likely to benefit, or is being harmed by continued service. (b) Psychologists may terminate therapy when threatened or otherwise endangered by the client/patient or another person with whom the client/patient has a relationship. (c) Except where precluded by the actions of clients/patients or third-party payors, prior to termination psychologists provide pre-termination counseling and suggest alternative service providers as appropriate.

Answers A & B: Although these responses contain acceptable reasons for terminating therapy, Answer C combines both of these responses and thus is the most comprehensive and “best” answer.

Answer D: Psychologists can terminate therapy based on reasonable professional judgment. This does not mean that they can terminate treatment “at any time.” For example, if a client is in imminent need of treatment or in crisis, it may not be professional or ethical to end treatment. Also, while psychologists are encouraged to provide pre-termination counseling, they are not violating this standard if this is “precluded by the client/patient or third-party payors.”

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28
Q

A 14-year-old girl calls a psychologist for a consultation regarding ongoing symptoms of anxiety. They indicate that they would like to proceed with outpatient services without parental consent. Can the psychologist proceed with treatment?
Select one:

A.
No, the psychologist cannot proceed with treatment without consent from a parent or legal guardian.

B.
Yes, if in their professional opinion, it would be inappropriate to involve the parent or guardian.

C.
Yes, if in their professional opinion, the child is mature enough to participate and it would be inappropriate to involve the parent or guardian.

D.
Yes, the psychologist can proceed without parental consent only if the client is the alleged victim of child abuse.

A

The correct answer is C.

The California Family Code and Health and Safety Code outline circumstances in which minors (12 years or older) can legally consent to treatment. Per the California Family Code (Sections 6920-6930), a minor who is 12 years of age or older may consent to mental health treatment or counseling on an outpatient basis if “(1) The minor, in the opinion of the attending professional person, is mature enough to participate intelligently in the outpatient services” and “(2) The minor (A) would present a danger of serious physical or mental harm to self or to others without the mental health treatment or (B) is the alleged victim of incest or child abuse. However, the California Health and Safety Code (124260), expands these circumstances and indicates that “the mental health treatment or counseling of a minor authorized by this section shall include involvement of the minors parent or guardian, unless the professional person who is treating or counseling the minor, after consulting with the minor, determines that the involvement would be inappropriate. The professional person who is treating or counseling the minor shall state in the client record whether and when the person attempted to contact the minors parent or guardian, and whether the attempt to contact was successful or unsuccessful, or the reason why, in the professional persons opinion, it would be inappropriate to contact the minors parent or guardian. Taken together, a minor who is 12 years or older does not have to be at risk to self or others or a victim of child abuse or incest to receive mental health treatment without parental consent.

Answer A: As stated above, children who are 12 years or older can proceed without parental consent if they are mature enough to participate and it would be inappropriate to involve the parent.

Answer B: The client also has to be mature enough to participate intelligently.

Answer D: Although this is a reason for permitting a minor to participate in mental health treatment without parental consent, it is not the “only” reason.

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29
Q

Who is the holder of privilege?
Select one:

A.
The patient when they do not have a legal guardian or conservator.

B.
The patient’s psychologist.

C.
The patient’s personal representative, unless they are deceased.

D.
The patient and their psychologist both hold privilege.

A

The correct answer is A.

Privilege refers to the right to keep confidential communications from being disclosed in a legal proceeding. The patient, when they do not have a legal guardian or conservator, holds privilege.

Answers B & D: The psychologist may assert privilege on their clients behalf; however, only the patient holds privilege.

Answer C: The patient’s personal representative only holds privilege when the patient is deceased.

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30
Q

A patient is seeking treatment for anxiety. During the initial phone call, the patient reports that they do not want the psychologist to communicate with their previous or current psychiatrist. The psychologist should:
Select one:

A.
follow the clients wishes and proceed with treatment without communicating with other treatment providers.

B.
refer the patient out, as they are placing limitations of their duty to provide competent care.

C.
proceed with treatment and revisit this topic in a few months when the patient is more comfortable.

D.
proceed with treatment if the patient provides a good explanation for limitation placed on the psychologist.

A

The correct answer is B.

Psychologists should be wary of treating a patient who is putting excessive limitations upon their duty to provide competent and comprehensive care. Thus, it is in the psychologist’s best interest to state their practice policies related to communicating with other health care providers about the patient’s mental health. If the patient is uncomfortable with this policy, the psychologist should provide appropriate referrals.

Answer A: Failure to coordinate the care and consult with other current providers may open the psychologist up to claims of negligence. Thus, it is in the psychologist’s best interest to refer this client out if they are unable to follow the standard of care for their practice.

Answer C: The psychologist should be upfront about their practice policies and should not begin treatment with a patient that is placing limitations on their duty of care as this opens them up to possible risks and claims.

Answer D: The psychologist should be upfront about their practice policies and should not begin treatment with a patient that is placing limitations on their duty of care as this opens them up to possible risks and claims.

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31
Q

Within a group private practice, licensed psychologist A supervises three psychological associates, and licensed psychologist B supervises one psychological associate. If the practice would like to add one more psychological associate to their group practice, they should be supervised by:
Select one:

A.
licensed psychologist A

B.
licensed psychologist B

C.
neither licensed psychologist

D.
both the licensed psychologist A and B

A

The correct answer is B.

Per the California Board of Psychology, there are limitations on the number of psychological associates a provider can supervise at one time. Specifically, a licensed psychologist can only supervise up to three psychological associates at a time. Thus, licensed psychologist B is able to supervise the new psychological associate.

Answers A, C, and D: Licensed psychologist B is able to supervise the new psychological associate and should be the one to supervise the new psychological associate.

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32
Q

A psychologist who was previously licensed in the state of California let their license expire for four years while they took some time off. If the psychologist would like to reinstate their California license, they should:
Select one:

A.
petition for reinstatement of their license.

B.
move their license to inactive status and then renew their license.

C.
apply for a new license.

D.
file an application for renewal and pay any outstanding fees.

A

The correct answer is C.

Per the California Laws and Regulations, Section 2986. Effect of failure to renew within prescribed time, “a person who fails to renew his or her license within the three years after its expiration may not renew it, and it may not be restored, reissued, or reinstated thereafter, but that person may apply for and obtain a new license if he or she meets the requirements of this chapter provided that he or she: (a) Has not committed any acts or crimes constituting grounds for denial of licensure. (b) Establishes to the satisfaction of the board that with due regard for the public interest, he or she is qualified to practice psychology. (c) Pays all of the fees that would be required if application for licensure was being made for the first time.” In other words, a license can be renewed with three years of expiration. However, after three years, the psychologist must apply for a new license.

Answer A: A psychologist may petition for reinstatement of their license if their license has been revoked, suspended, or surrendered. However, in this case, the psychologist’s license has been expired for over three years and thus they have to apply for a new license.

Answer B: A psychologist can move their active license to inactive status if they are not planning on practicing for a period of time. However, an expired license cannot be placed on inactive status.

Answer D: Again, as the psychologist’s license has been expired for four years, they must apply for a new license.

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33
Q

A parent calls a psychologist asking for their child’s raw test scores from a recent assessment to keep in their records. They indicate that they are concerned about his mood and that he has been making a lot of negative statements recently. The psychologist should:
Select one:

A.
further assess the child’s mood and provide appropriate referrals

B.
release the raw and scaled scores if the assessment was completed within the past three years

C.
not release the scores, as this should be kept confidential to protect test security

D.
offer to schedule a meeting to discuss the results, as they are unable to release the raw scores as this would compromise the test security

A

The correct answer is A.

In this situation, the first priority is to ensure that the child is safe and that the parent is aware of various crisis resources. Also, it may be helpful to review the recommendations from the assessment, which likely includes psychotherapy.

Answer B: Per the APA Ethics Code, “test data includes raw and scaled scores should be released to whomever is designated on the release of information form. Psychologists may refuse to release data if they believe there is potential for “substantial harm, or the misuse or misinterpretation of test data.” Generally speaking, the client’s parents have a right to the raw and scaled test scores. They should also provide information regarding how to interpret various test scores (scaled scores, t-scores, percentiles, etc.). However, this response is spoiled by the second part, and the results can be released even if the testing was completed more than three years ago.

Answer C: Releasing the raw scores does not compromise the test security and it is good practice to include these in your report as they allow for your work to be reviewed and double checked by an outside provider.

Answer D: Although it may be helpful to schedule a meeting to review the results, the psychologist can also release the raw scores, and this would not compromise test security.

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34
Q

After witnessing a car accident, a psychologist pulls over and gives her business card to the victims. The psychologist states that they specialize in post-traumatic stress disorder and encourages the victims to contact her for treatment. The psychologist actions were:
Select one:

A.
unethical and illegal

B.
ethical and legal

C.
unethical and legal

D.
ethical and illegal

A

The correct answer is C.

Per the APA Ethics Code 5.06 In-Person Solicitation, “psychologists do not engage, directly or through agents, in uninvited in-person solicitation of business more actual or potential therapy clients/patients or other persons who because of their particular circumstances are vulnerable to undue influence. However, this prohibition does not preclude 1) attempting to implement appropriate collateral contacts for the purpose of benefitting an already engaged therapy client/patient or (2) providing disaster or community outreach services.” In this situation, the potential clients are under undue influence because of their particular circumstances (just got into a car accident). Thus, while this behavior is legal, it is considered unethical.

Answers A & D: These responses are incorrect.

Answer B: If the psychologist was working with a community disaster response team to assess individuals and provide appropriate referrals, it would be considered ethical and legal to provide their business contact information.

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35
Q

A psychologist is interviewing applicants for a position in their private group practice. They recently find out that their top candidate has been the subject of an ethics complaint. The psychologist decides to offer the position to someone else. The psychologist has acted:
Select one:

A.
unethically because they cannot discriminate in the hiring process.

B.
ethically if their decision was based on the outcome of the proceedings.

C.
ethically if the proceedings for the ethics complaint was related to failure to report child abuse.

D.
unethically because they are not permitted to take action based on the outcomes of such proceedings.

A

The correct answer is B.

Per the APA Ethics Code, Section 1.08 Unfair Discrimination Against Complainants and Respondents, “psychologists do not deny persons employment, advancement, admissions to academic or other programs, tenure, or promotion, based solely upon their having made or their being the subject of an ethics complaint. This does not preclude taking action based upon the outcome of such proceedings or considering other appropriate information.” Thus, if the psychologist’s decision was based on the outcome of the meeting, their actions would be ethical.

Answer A: This answer is too vague. The psychologist would be within their rights to not offer a position to a psychologist who lost their license due to an ethical violation. However, they would be acting unethically if they based their decision solely on the fact that the psychologist had a complaint filed against them and not based on the outcome of the ethics proceedings.

Answer C: There are not any stipulations regarding the subject of the ethics complaint. Overall, the employer cannot discriminate based on the fact that a psychologist has been the subject of an ethics complaint.

Answer D: Taking action based on the outcome of the proceeding is ethical rather than unethical.

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36
Q

A colleague tells another psychologist that they are sleeping with their client. He feels very badly and tells the psychologist that he is planning on ending this relationship as soon as possible. The psychologist should:
Select one:

A.
continue to talk with their colleague and come to an informal resolution

B.
report their colleague to an ethics committee or state licensing board

C.
report their colleague to an ethics committee or state licensing board if they are unable to come to an informal resolution

D.
attempt to come to an informal resolution because reporting the psychologist to the board would be a violation of the clients confidentiality

A

The correct answer is B.

As this is a serious offense, the psychologist should report their behavior directly to the licensing board. Per the APA Ethics Code, Section 1.04 Informal Resolution of Ethical Violations, “when psychologists believe that there may have been an ethical violation by another psychologist, they attempt to resolve the issue by bringing it to the attention of that individual, if an informal resolution appears appropriate and the intervention does not violate any confidentiality rights that may be involved.” However, as in this case, per Section, 1.05 Reporting Ethical Violations, “if an apparent ethical violation has substantially harmed or is likely to substantially harm a person or organization and is not appropriate for informal resolution under, or is not resolved properly in that fashion, psychologists take further action appropriate to the situation. Such action might include referral to state or national committees on professional ethics, to state licensing boards, or to the appropriate institutional authorities.” Thus, the psychologist should report the psychologist directly to the board or an ethics committee.

Answers A & C: As this is a serious offense, it is not appropriate for an information resolution and the psychologist should report this behavior directly to the board without an information resolution. This is because there is not an informal resolution that is appropriate given the severity of the offense.

Answer D: The psychologist can report their colleague to an ethics committee or to the board without providing the name of the client/patient to ensure that confidentiality is protected.

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37
Q

A client tells their psychologist that they are in a serious romantic relationship with their previous therapist. She quickly further explains that they ended therapy before they officially started dating a month later. She indicates that they never had any sexual contact while she was his patient, that he was overall very professional. What should the psychologist do with this information?
Select one:

A.
The psychologist should incorporate this background information into their case conceptualization and treatment plan.

B.
The psychologist should report this sexual misconduct to the board.

C.
The psychologist should give the client/patient the pamphlet, Professional Therapy Never Includes Sex.

D.
The psychologist should only report the previous psychologist to the board if they find out that there was sexual contact during the course of treatment.

A

The correct answer is A.

It is illegal and unethical to have sexual contact within two years following termination of therapy. Thus, if a therapist is found guilty of sexual contact with a former patient within two years of termination, their license could be revoked. When a psychologist learns of sexual misconduct between a psychologist and their patient, they can ONLY report this offense to the BOP if they have a signed written authorization from the patient. Answer A is the only option that maintains confidentiality and is thus the best option.

Answer B: Again, the psychologist reporting this behavior to the board without a signed release form would be considered a breach of confidentiality.

Answer C: If a psychologist becomes aware of sexual contact between a patient and their therapist during the course of treatment, they should provide the patient with the pamphlet, Professional Therapy Never Includes Sex. In this case, the patient stated that they did not have sexual contact during treatment, and therefore, it would not make sense to provide the pamphlet.

Answer D: Having sexual contact with a patient during treatment or with a former patient within two years of therapy termination is both considered unethical and illegal.

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38
Q

A psychologist receives a signed authorization form from their adult therapy patient, which indicates that they would like to have their records inspected by another psychologist. The psychologist is concerned about the sensitive information in their treatment records and should therefore:
Select one:

A.
deny the request if they believe that access to these records is reasonably likely to endanger the life or physical safety of the individual or another person.

B.
permit the inspection of the records within five working days after the request is received.

C.
permit the inspection of the records within ten business days after the request is received.

D.
offer to write a treatment summary instead.

A

The correct answer is B.

Psychologists should generally permit inspection of their records within five working days after a written request is received.

Answer A: Per HIPAA, a patient’s access to their records can be denied when the health care professional has determined that access is reasonably likely to endanger the life or physical safety of the individual or another person. However, this does not apply to other qualified health care professionals and they are almost always permitted to view a patient’s records, with proper consents in place.

Answer C: While treatment summaries should be prepared within ten working days, the psychologist should permit an inspection of their treatment records within five working days after a written request is received.

Answer D: Again, qualified health care professionals are generally almost always able to view the records within five business days and thus this request should be granted.

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39
Q

A patient reports that her husband, with whom she shares three children with, has become increasingly physical with her after losing his job a few months ago. The psychologist can make a report without her permission if:
Select one:

A.
her child has witnessed the domestic violence and has unjustifiable emotional suffering.

B.
the husband is at least 65 years old.

C.
this incident marks a pattern of physical and emotional abuse.

D.
she has a physical mark or bruises from the incident.

A

The correct answer is A.

The California Penal Code (Section 11160) states that health practitioners who provide medical services to a person suffering from any wound resulting from assault or abuse, are mandated to report this information. In contrast, mental health providers or psychologists are not mandated to report the assault. They are not even permitted to report assault unless the patient gives explicit written consent. An exception to this rule is if a child witnesses domestic violence. This is frequently considered willful cruelty or unjustifiable punishment. Thus, a child report should be made if the psychologist feels that this has caused unjustifiable emotional suffering.

Answer B: If the patient were 65 years old, this would be considered elder abuse. However, in this case, we do not know the victim or patient’s age and thus, the psychologist is not a mandated reporter.

Answers C & D: Again, mental health providers cannot break confidentiality and report assault unless they have the patients permission, regardless of whether or not this was a pattern of abuse or if there are bruises. If the psychologist makes a report without the patient’s consent, this would be a severe violation of confidentiality.

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40
Q

A psychologist posts on a popular social media site that he is seeking referrals for a couples counselor for his therapy client. He indicates that his client is in his early 40s, has three children under the age of five, and that he and his wife work full time in the medical field. The psychologist has acted:
Select one:

A.
ethically, as he has a duty to find appropriate referrals for his clients

B.
unethically

C.
ethically, if he did not include the client’s name or location

D.
ethically, if he obtained written authorization to request referrals from his colleagues

A

The correct answer is B.

Psychologists should be aware of their duty of confidentiality and reveal the minimum amount of information necessary to obtain appropriate referrals. Is knowing that the client and his partner work in the medical field, have three children under the age of five, and is in his early 40s really necessary to find the right referral for him? This seems like an unnecessary level of detail to post on a public social media platform. Thus, these actions are considered unethical.

Answer A: If a psychologist is not competent in a particular area, they should refer the client out and find appropriate referrals. Given that the client is seeking a psychologist for an issue that is not part of his current treatment, the psychologist is not obligated to find other appropriate referrals for him.

Answer C: Although the psychologist did not provide their patient’s name or location, they offered an abundance of details that could lead to others knowing or making an educated guess about the client’s identity.

Answer D: If he was permitted to post on a social media site, this might be considered ethical and permissible. However, in this case, the psychologist does not specify that he is seeking referrals by posting details of his marriage on a social media site.

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41
Q

A psychologist receives a call from their therapy client, who has a history of substance abuse and attempted suicide, indicating that they recently relapsed. It is difficult to fully make out what the client is saying over the phone; however, he states that he feels very down and is sitting in his car in his driveway. How should the psychologist respond?
Select one:

A.
They should schedule an emergency session for the next day.

B.
They should have the client make a safety contract over the phone.

C.
They should call the police.

D.
They should ask the client to call them back in an hour when they have better service and make a safety plan and have his brother stay with him for the night.

A

The correct answer is C.

The clients history of substance abuse and attempted suicide, paired with his recent relapse, suggests that he may be in imminent danger to himself or others. Therefore, the psychologist should call the police to have the client assessed by a psychiatric team.

Answer A: Scheduling an emergency session does not sufficiently address the immediate safety concerns.

Answer B: Given that the psychologist is struggling to make out what the client is saying over the phone, it may not make sense to make a safety contract over the phone, which does not fully address the emergency.

Answer D: Again, calling the client back in an hour does not address this client’s immediate safety concerns.

42
Q

A 16-year-old female client tells their psychologist that they are concerned that they may be pregnant after having consensual and voluntary sex with their 21-year-old male partner. She tells the psychologist that while her parents do not want her to take birth control, she would like to explore this option. The psychologist should:
Select one:

A.
provide the client with referrals for local health care clinics.

B.
make a report to child protective services.

C.
encourage the client to talk with their parents and seek appropriate medical referrals.

D.
assess for the presence of any lewd or lascivious behavior.

A

The correct answer is A.

This question is related to the reporting requirements for sexual assault. Per California Penal Code Section 261.5, any sexual intercourse between an adult or minor is considered statutory rape and is thus unlawful. However, mandated reporters are only required to make a child abuse report if a person who is 21 years or older has sexual intercourse with a partner who is younger than 16 years old. Thus, the psychologist is not a mandated reporter in this situation and should provide their client with appropriate referrals for health care clinics.

Answer B: Again, consensual sex between a 16-year-old and a 21-year-old, while unlawful, is not reportable as child abuse.

Answer C: Given that the client is 16 years old and stated that their parents are unwilling to explore birth control options, the psychologist should give her appropriate referrals to community clinics to ensure that the client can get the proper care.

Answer D: Lewd and lascivious behavior (i.e., acts with the intent of arousing, appealing to, or gratifying the lust, passions or sexual desires of the perpetrator of the child) with a child who is under 14 years old generally warrants a child abuse report. However, there are some exceptions to this rule (e.g., when two minors of similar age engage in voluntary sexual conduct), and the mandated reporter should consult with the child protective services agency. In this case, the client is 16 years or older and had voluntary and consensual sexual intercourse, and thus it is not reportable.

43
Q

A psychologist is talking with one of her very close friends and realizes that she is currently seeing her friend’s uncle in therapy. What should the psychologist do?
Select one:

A.
Terminate the therapy and provide appropriate referrals

B.
Continue with the treatment, as they do not anticipate this dual relationship will negatively impact treatment.

C.
Distance herself from her friend.

D.
Tell her client that she is friends with his niece and determine the extent of their relationship and if it will impair their objectivity or competence.

A

The correct answer is D.

A multiple relationship occurs when a psychologist enters into a non-professional relationship with a current client or with someone close to the client (e.g., sister or partner). Per the APA Ethics Code, a psychologist should not enter into a multiple relationship if it might impair the psychologists objectivity, competence, or effectiveness of their treatment with the client, or if it may harm or exploit the other party. Multiple relationships that would not reasonably be expected to cause impairment or risk exploitation or harm are not unethical. In this situation, the psychologist should discuss this matter with the client to determine the extent of their relationship, and if it may impair the objectivity, effectiveness, and competence of their treatment. If this is the case, the psychologist should provide appropriate referrals.

Answer A: Although terminating the therapy may be necessary, the psychologist should first discuss the matter with their client to determine the extent of their relationship and if it may impact their objectivity, competence, or effectiveness. For example, if the client does not have a close relationship with the niece and only sees her every few years at family events, it may be okay to continue with treatment. On the other hand, if the client feels uncomfortable with this dual relationship, it may negatively impact the treatment and thus they would benefit from terminating treatment and obtaining appropriate referrals.

Answer B: Given that the APA Ethics Code encourages psychologists to “attempt to resolve” the issue of multiple relationships, they should bring this to the attention of their client rather than ignore the issue. Currently, it is unclear how close the client is with his niece and the potential impact of this dual relationship on treatment.

Answer C: If the psychologist spontaneously distances themselves from their close friend, it may lead to questions and may compromise their clients confidentiality. At this time, more information is needed regarding how this multiple relationship may impact the treatment and thus answer D is the best option listed.

44
Q

A psychologist receives an email from a child indicating that they would like to start therapy. They further indicate that they are being severely physically abused by their parents. The psychologist should:
Select one:

A.
send the child appropriate referrals and resources.

B.
encourage the child to contact child protective services.

C.
contact child protective services and make a report.

D.
send the child more information on the practice and start the intake process.

A

The correct answer is C.

Per California Board of Psychology Laws and Regulations Section 11166.05, “a mandated reporter shall make a report to an agency specified whenever the mandated reporter, in the mandated reporters professional capacity has knowledge of or reasonably suspects that a child has been the victim of child abuse or neglect; the mandated reporter shall make an initial report by telephone to the agency immediately or as soon as is practically possible, and shall prepare and send, fax, or electronically transmit a written follow up report within 36 hours of receiving information concerning the incident.” Given that the psychologist has reasonable suspicion that the child has been the victim of abuse, they should contact child protective services and make a report.

Answers A & B: While the psychologist may wish to send the child appropriate referrals (including the information for child protective services), they should address the clinical emergency. Specifically, the psychologist has been made aware of potential child abuse in a professional capacity (i.e., the child emailed their therapy office for help) and thus they should make a report to child protective services.

Answer D: The psychologist may wish to start treatment with this child; however, this answer does not address the most pressing clinical issue, which is reporting a reasonable suspicion of child abuse.

45
Q

A child therapy client tells their psychologist that they recently went on a shopping trip with their friends. They then take out their phone and proceed to show the psychologist a photo of them wearing a bra that they recently purchased. What should the psychologist do?
Select one:

A.
The psychologist should tell the client that it would be best to terminate therapy.

B.
The psychologist should tell the client that if they view the photo, they will be charged with possessing and distributing child pornography.

C.
The psychologist should briefly look at the photo and then redirect the conversation back to their treatment.

D.
The psychologist should ask the client to send them the photo and they will look at it outside of the session.

A

The correct answer is C.

Per California law, it is illegal to possess, produce, or distribute “obscene matter” depicting children under 18 years old. For example, if an adult receives a sexting message from someone under the age of eighteen and keeps the photo or shares the photo with others, it is considered illegal. In this situation, the client is attempting to show the psychologist a picture of them wearing a bra. Ideally, the psychologist should say that they do not feel comfortable looking at the photo and redirect the conversation. However, this option is not given. Thus, the next best available answer is C.

Answer A: Abruptly terminating the therapy may be considered client abandonment and thus this is not the best option listed. Moreover, terminating the therapy because a client attempted to show their psychologist a picture of them wearing a new bra seems a bit drastic and unreasonable with the information given.

Answer B: If the client sent the psychologist the picture, and the psychologist saved the image or shared the image with others, it may be considered possessing and distributing child pornography. However, in this case, the client did not send the photo. Moreover, viewing the photo is not considered possessing or distributing child pornography. Again, the best option would be to not view the photo and bring the conversation back to the treatment or review the nature of their professional therapeutic relationship.

Answer D: A psychologist who is receiving, saving, and/or distributing pictures of a client (child or adult) is acting unethically and illegally, and this would be considered a serious offense and sexual misconduct between a patient and a psychologist.

46
Q

A patient who has a history of learning disorders and academic accommodations requests an updated evaluation for the GRE. They indicate that they need this assessment completed within two weeks, as they are hoping to meet the accommodations request deadline. The psychologist quotes the family $200 more than their usual assessment fee and indicates that they do not accept insurance. The psychologist also provides the client with appropriate referrals in case they would like to explore other options for insurance or private pay services. The psychologist has acted:
Select one:

A.
unethically and illegally

B.
ethically and illegally

C.
unethically and legally

D.
ethically and legally

A

The correct answer is D.

Per the APA Ethics Code Section 6.04 Fees and Financial Arrangements, “as early as is feasible in a professional or scientific relationship, psychologists and recipients of psychologists should reach an agreement specifying compensation and billing arrangements.” Given that the psychologist was upfront about their rate and services provided, they have acted ethically and legally. In addition, they provided the client with other referrals in case they would like to explore other options. Of note, another option would be for the psychologist to indicate that they could do the assessment for their usual fee; however, they would have to write an abbreviated report in order to meet the deadline. Finally, the psychologist should be transparent about this additional cost and it would be illegal for the psychologist to misrepresent or inflate their fee to insurance companies if the client requests a superbill.

Answers A, B, and C: These responses provide incorrect information - according to the APA Code of Ethics, the psychologist acted both ethically and legally within their scope.

47
Q

A therapy patient reports that they recently contracted COVID-19. However, they do not want to cancel their holiday plans with their family and are planning to drive to see their parents and grandparents for thanksgiving. What should the psychologist do?
Select one:

A.
Maintain confidentiality.

B.
Call the client’s family and alert them to the risks.

C.
Encourage the client to talk with their family and alert them to the risks, and that they will have to call the client’s family and share this information to keep them safe if they are unable to do so.

D.
Provide psychoeducation regarding transmission of COVID-19, and let the client know that it is illegal and unethical to go to this family gathering while sick.

A

The correct answer is A.

This question is asking if attending a family event while having COVID-19 qualifies as “serious danger of violence to others” and if the psychologist has a “duty to care and protect” the foreseeable victim (the clients parents and grandparents) from that danger. This is a tricky question. While there are not any updates to Tarasoff regarding the COVID-19 pandemic, it makes sense to use the protocol for patients with HIV as a guide. Specifically, if a patient with HIV indicates that they plan on having unprotected sex with their partner, this does not constitute as a Tarasoff reporting situation and the psychologist should maintain confidentiality. Therefore, in this situation, the psychologist should also maintain their patient’s confidentiality.

Answers B & C: Again, the psychologist should maintain their clients confidentiality and cannot share this information with the clients family.

Answer D: Although it may be unethical, it is not illegal for the client to see their family while they are sick with COVID-19.

48
Q

A psychologist receives an email from a previous adult client asking for a copy of their assessment report. This assessment was completed three years ago while the psychologist was completing their fellowship at a local medical hospital. The psychologist should:
Select one:

A.
provide the patient with the contact information for the medical records department at the hospital.

B.
see if they have an old copy of the report that they can send to their client, as they should be keeping all of their clients records for a minimum of eight years after treatment termination.

C.
send the patient their assessment report within 30 days.

D.
decline the request if they think that sharing the report will result in adverse consequences to the patient.

A

The correct answer is A.

Typically, all of the client materials that were used during a training program (practicum, internship, fellowship) should be kept at the training site. Thus, the psychologist should not have a copy of the report and should therefore direct the previous client to the medical records department at the hospital.

Answer B: Even if the psychologist has a copy of the report, this report typically belongs to the medical hospital or training program, and thus the client should be directed to the medical records department at the hospital. In addition, adult records should be kept for a minimum of seven years rather than eight years after treatment termination.

Answer C: Again, the client should be directed to the hospital for the records. In addition, treatment records should be sent within 15 rather than 30 days.

Answer D: Per HIPAA, adult treatment records can only be withheld if releasing the records may put the life or physical safety of the patient in danger. While California law states that adult records may be withheld if the provider believes that there will be adverse consequences to the patient, HIPAA prevails over California law with regard to treatment records for adult patients. Thus, the psychologist cannot withhold the records due to anticipating “adverse consequences,” as this is a bit vague and does not specify that releasing the records will endanger the patient’s life or physical safety.

49
Q

A psychologist who owns a private practice is only accepting clients who are fully vaccinated. After talking with a potential client who is uncomfortable taking the COVID-19 vaccine, the psychologist reviews their policy and sends them appropriate outside referrals. The psychologist has acted:
Select one:

A.
unethically, as the psychologist is engaging in discrimination.

B.
unethically, as the psychologist cannot deny a client of mental health services.

C.
ethically, as the psychologist was upfront about their policy and provided referrals to ensure appropriate care for the client.

D.
unethically, as the client may have a medical condition that prevents them from getting vaccinated.

A

The correct answer is C.

The psychologist has acted ethically and legally.

Answer A: Psychologists should not engage in unfair discrimination based on age, gender, identity, race, ethnicity, culture, national origin, religion, sexual orientation, disability, socioeconomic status, or other basis prohibited by law. Individuals who refuse the COVID-19 vaccine are not specified as a protected group.

Answer B: If the psychologist provides appropriate referrals and resources, they are ensuring that the client has access to other mental health services and are acting ethically.

Answer D: If the client has a medical condition or disability that prevents them from getting vaccinated, informs the psychologist of this condition, and is turned away, this could be considered unfair discrimination. However, in this situation, the psychologist is unaware of any condition that is preventing the client from getting vaccinated, and is therefore not engaging in unfair discrimination.

50
Q

The parent of a previous client calls a psychologist to request their child’s psychological evaluation. The evaluation was completed 5 years ago when the client was 15 years old. During the phone call, the parent casually mentions that her son is currently living at home and seems very depressed. She indicates that she is especially worried about him given his history. The psychologist should:
Select one:

A.
assess these safety concerns and follow up with appropriate resources.

B.
schedule a time for them to discuss these concerns.

C.
assess these safety concerns and send the mother the previous assessment report within 15 days.

D.
encourage the mother to seek professional treatment for her son.

A

The correct answer is A.

Given that the child’s mother has expressed concern for her son’s safety, the psychologist should discuss these concerns and follow up with appropriate referrals. Depending on the circumstances, the psychologist may need to call the police for a wellness check or encourage the child’s parent to take her son to the emergency room for further assessment.

Answer B: This option is too vague and does not address the possible clinical emergency that may require immediate attention.

Answer C: Treatment records for minors should be maintained for at least seven years from the date that the patient reaches 18 years old (or until the person is 25 years old). They should also be sent within 15 days. In this situation, the previous client is now an adult (20 years old). Therefore, the psychologist should only release the medical records directly to the client, unless he has signed a release form stating otherwise.

Answer D: The psychologist may encourage the client’s mother to seek professional treatment for her son. However, the psychologist should first assess the situation to determine the appropriate next steps, as listed in option A.

51
Q

A psychologist’s patient requests to have their records released in writing. The psychologist decides to deny their request for the release because to do so is reasonably likely to endanger the physical safety of the patient. The patient has the right to:
Select one:

A.
request a review of the decision to deny.

B.
must accept the denial.

C.
can submit their request again.

D.
can subpoena their own records.

A

The correct answer is A.

The HIPAA privacy rule identifies situations in which a patient can request a review if their request for records is denied. Denying records request due to the reasonable likelihood of physical harm or life of the patient is one of these situations.

Answer B: The patient has the right to have the denial reviewed.

Answer C: It does nothing to serve the patient to request it again.

Answer D: There is no mention of an ongoing court case.

52
Q

A patient participated in a research study which included their PHI. As part of the consent process, they agreed to give up their right to access their record. Years later, the patient decides they would like to request those records. The patient’s request is denied. The patient:
Select one:

A.
owns their PHI and being denied breaks HIPAA.

B.
must be given the records as long as they were an adult at the time of the study.

C.
should receive the records unless they have been discarded after 5 years.

D.
does not have the right to request a review of the denial.

A

The correct answer is D.

HIPAA details in which circumstances a patient’s request for records can be denied, and lose the right to request a review of the denial. One of these circumstances is when the patient agreed to the denial of access during a research study.

Answer A: This is one instance in which denying a patient their records does not break HIPAA.

Answer B: The patient’s age has no bearing.

Answer C: The length of time has no impact if the patient agreed to give up the right to their record.

53
Q

A patient submits a written request to a psychologist for all their records, and explicitly asks for the psychologist’s psychotherapy notes. The psychologist:
Select one:

A.
must produce a copy of the psychotherapy notes.

B.
may provide a copy or summary of their psychotherapy notes.

C.
must produce a summary of their psychotherapy notes.

D.
psychotherapy notes are protected under HIPAA, and is not preempted by California law to allow for their release.

A

The correct answer is B.

Though HIPAA protects psychologists from releasing their psychotherapy notes to patients, California preempts HIPAA and allows for such requests. Though a psychologist is not obligated to release their psychotherapy notes, they can release a copy or a summary if they so choose, and if they determine that the release would not present a substantial risk of significant adverse or detrimental consequences to the patient.

Answers A, C, and D: The psychologist is not compelled to release the psychotherapy notes as copies or in a summary format. Also, California law does in fact preempt HIPAA law.

54
Q

A psychologist reads an article on the use of Eye Movement Desensitization and Reprocessing (EMDR). The psychologist is intrigued and decides to begin using the techniques with a patient with a history of sexual abuse. The psychologist:
Select one:

A.
is practicing outside the scope of their competence.

B.
has probably gathered enough information about EMDR to apply it well to their ongoing cases.

C.
needs to gather the patient’s consent to use new treatment techniques before proceeding.

D.
is not practicing outside their scope of competence because they did read an article on the treatment.

A

The correct answer is A.

The Ethical Code for Psychologists states that it is unprofessional conduct for a psychologist to practice outside of their field of competence as established by their education, training, and experience. Answer A is the best answer because reading an article would not qualify as neither education, training, or experience.

Answer B: No one article could prepare a psychologist to ethically apply a new treatment technique. Further education and/or training is needed.

Answer C: Even if the patient agreed to the psychologist in experimenting with a technique outside of their scope, the psychologist is still responsible for practicing within their scope of competence. It should also not be up to the patient to make that determination.

Answer D: This statement overstates reading an article as replacing the need for training, education, or experience.

55
Q

A psychologist is attacked while walking down the street one evening. Following these events, the psychologist begins to experience symptoms of Post Traumatic Stress Disorder, including nightmares, hypervigilance, flashback memories, and avoidance. The psychologist’s assailant bears a striking resemblance to the psychologist’s patient. After the attack, the psychologist feels very upset prior to meeting with the patient, and wishes that they would cancel. The psychologist feels hypervigilant when alone with the patient. The psychologist should:
Select one:

A.
offer the patient referrals to another psychologist without disclosing what is impacting the treatment.

B.
call their liability insurance provider and ensure they are covered in the event of a lawsuit.

C.
seek professional consultation to assess whether the psychologist should continue or terminate services.

D.
terminate services as soon as is feasible and safe for the patient.

A

The correct answer is C.

Psychologists are legally and ethically obligated to take appropriate actions when personal problems, such as physical or mental illness, might interfere with their ability to provide services. CCR section 1396 states, “if a psychologist is already engaged in such activity when becoming aware of such personal problems, he or she shall seek competent professional assistance to determine whether services to the patient or patient should be continued or terminated.”

Answer A: The psychologist should seek consultation, not necessarily refer the patient or terminate treatment.

Answer B: This statement doesn’t address the ethical concern.

Answer D: It may do more harm to abruptly end the patient’s treatment and can be considered patient abandonment.

56
Q

Which of the following examples does not constitute an exception to maintaining confidentiality?
Select one:

A.
The psychologist is contacted by the patient’s attorney, who is seeking the psychologist’s help in defending their patient.

B.
The psychologist’s patient is a minor and presents to session with a black eye, and tells them their parent hit them.

C.
The psychologist suspects that the patient’s nursing home staff are stealing money from the patient.

D.
A patient calls the psychologist and attempts suicide while on the phone with the psychologist.

A

The correct answer is A.

While the patient may in fact want the psychologist to speak to their attorney and will consent to the release, the example does not mention this is the case, thus it is not an example of an exception to confidentiality.

Answers B, C, and D: These all present examples of exemptions to maintaining patient confidentiality. These exceptions include child abuse, elder abuse, a medical emergency, or the patient as a danger to self or others.

57
Q

Which of the following requests must a psychologist comply with?
Select one:

A.
The local police department contacts the psychologist and request the psychologist tell them the last date and time that the patient presented for session.

B.
A social worker with the Department of Child and Family Services (DCFS) contacts the psychologist and requests the diagnosis of a patient being investigated for abuse of their children.

C.
The spouse of a patient calls the psychologist and request to join their next session.

D.
The FBI contacts the psychologist and request a patient’s records. They instruct the psychologist not to disclose the request to the patient or anyone else.

A

The correct answer is D.

Section 215 of the Patriot Act of 2001 requires that psychologists provide the FBI with certain patient information and states that psychologists are prohibited from telling the patient or anyone else that the information was requested by the FBI.

Answer A: Local police cannot make this request, though this is information that can be requested during a trial once a subpoena has been issued.

Answer B: Unless the psychologist is aware or has suspicion of child abuse committed by their patient, they are not required to disclose information about the patient to DCFS.

Answer C: A psychologist is not required to accept communication from a spouse, much less take direction for treatment, unless given consent by the patient and if the treatment scope includes couples or family therapy.

58
Q

A psychologist seeks out the consultation of their colleague regarding a child patient with a history of sexual abuse. The psychologists discusses the details of the patient’s sexual abuse, the patient’s age, and their placement in a performing arts school, without using names or names of places. Throughout the consultation, the colleague realizes that the psychologist is discussing a case that they read about in the local paper, and is fairly certain they know the family and the child in question. The psychologist has acted unethically because:
Select one:

A.
the psychologist should not have shared the patient’s age.

B.
the psychologist should have gathered a release from the patient’s parents prior to engaging in consultation.

C.
the psychologist should not have mentioned the type of school the patient attends.

D.
the psychologist should only have shared the minimum information that was relevant to the purpose of the consultation.

A

The correct answer is D.

The Ethics Code states that psychologists may engage in consultation given that they only share information that is relevant to the purpose of the consultation and must not share information that could lead to the identification of the patient unless they have obtained prior consent of the patient, or their parents if a minor, or a disclosure cannot be avoided.

Answer A: It is possible that the patient’s age would be a necessary detail to include in a consultation. For instance, the treatment of a 6 year old for trauma would look much different than that of an adolescent.

Answer B: While this is not entirely incorrect, it is not the best response. Consultation can occur without a patient or parent’s consent if the consultation adheres to the guidelines discussed above.

Answer C: While identifying the school may not immediately present an issue and could even be relevant to the information requested, it provides more of an opportunity to identify the patient. Therefore, answer D is the better response.

59
Q

A psychologist offers group therapy for adolescents with substance abuse concerns each Wednesday night. The group is open to anyone who fits the group criteria and attendance varies. There are often new members each meeting. How frequently should the psychologist mention the limits of confidentiality?
Select one:

A.
The psychologist should mention confidentiality in group settings when they first establish the group.

B.
Whenever the psychologist anticipates a group member might be worried about their personal information being shared.

C.
The psychologist should mention the limits of confidentiality in group settings every time a new person joins the group and use clinical judgement for how often to remind the patients on an ongoing basis.

D.
The psychologist should mention it to new members of the group.

A

The correct answer is C.

Ethics Code Standard 10.03 (Group Therapy) states that “when psychologists provide services to several persons in a group setting, they describe at the outset the roles and responsibilities of all parties and the limits of confidentiality periodically during the course of therapy.”

Answer A: Given that the group members change, it wouldn’t be sufficient to only have mentioned the limits of confidentiality to those that attended the first group.

Answer B: Though this might be a good cue to mention the limits of confidentiality, it doesn’t speak to the ethical obligation to ensure patients in the group are aware of the limits of confidentiality.

Answer D: Mentioning the limits of confidentiality to new members is only one part of the ethical code, the periodic reminder is also advised.

60
Q

An adolescent patient presents for therapy to address substance abuse problems with marijuana and opiates. At the intake, the patient’s parent demands to receive a weekly update on the patient’s progress in therapy and a detailed account of what is discussed. What is the best course of action for the psychologist, both legally and ethically?
Select one:

A.
The psychologist should agree to discuss anything that would impact the patient’s safety. For instance, the psychologist can commit to discussing the use of opiates but not marijuana.

B.
The psychologist should obtain agreement from both parties on what can be discussed with the parent without undermining the effectiveness of therapy, but caution the adolescent that legally their parent does have a right to be informed about the details of their treatment.

C.
The psychologist must comply with the parent’s request as they have a legal right to the information.

D.
The psychologist should warn the patient that anything they share can be told to their parent and that they can choose to censor themselves.

A

The correct answer is B.

In the state of California, while parents do have the legal right to their children’s treatment information, requesting weekly updates is a bit excessive. The best course of action should be to strike a balance between the law - the parent’s right to their child’s information, and your ethical obligation- maintaining boundaries in working with adolescents to make treatment effective.

Answer A: This response fails to mention the parent’s legal right and reasoning behind the boundary.

Answer C: Ultimately the psychologist can determine what is best to share with the parent’s regarding updates on sessions with the patient.

Answer D: Having the teenager make decisions about censoring themselves will likely hinder treatment.

61
Q

Which of the following cannot give consent for a psychologist to testify in court regarding a patient’s treatment?
Select one:

A.
The patient when he has no guardian or conservator.

B.
The personal representative of the patient if the patient is dead.

C.
The spouse of the patient if the patient is dead.

D.
The guardian or conservator of the patient when the patient has a guardian or conservator.

A

The correct answer is C.

The spouse of a patient cannot provide consent for a psychologist to break privilege in a court proceeding, even if that patient is deceased, unless they are the patient’s representative.

Answers A, B, and D: Those who can provide consent are the patient, the representative of the patient if the patient is deceased, and the guardian or the conservator of the patient when the patient has a guardian or conservator.

62
Q

When a ward of the court is arrested and tried in juvenile court, who is the holder of the privilege and can invoke patient privilege if the psychologist is called to testify?
Select one:

A.
The Department of Children and Family Services

B.
The child’s parent

C.
The child if they are over 12 years of age unless there is clear and convincing evidence they are not mature enough to hold privilege

D.
Either the child or the counsel of the child, if the child is over 12 years of age and mature enough to understand informed consent

A

The correct answer is D.

The California Welfare and Institutions Code (WIC) Section 317(f) states, “Either the child or the counsel for the child, with the informed consent of the child if the child is found by the court to be of sufficient age and maturity to consent, which shall be presumed, subject to rebuttal by clear and convincing evidence, if the child is over 12 years of age, may invoke the psychotherapist-patient privilege.”

Answer A: DCFS does not hold privilege over a ward of the court.

Answer B: The parents of children who are a ward of the court have lost parental rights over their children.

Answer C: There is no reference to the child’s counsel as a potential holder of privilege, therefore making answer D as a better response.

63
Q

A lawyer refers his patient to a psychologist for an evaluation to determine whether they should submit a plea of not guilty for reason of insanity to the patient’s on going court case. Who can the psychologist release the results of the evaluation to?
Select one:

A.
The patient and his lawyer

B.
The judge in the court case

C.
The prosecution’s lawyer

D.
The patient’s family

A

The correct answer is A.

Given that the lawyer has submitted the patient to the psychologist’s services to determine the best defense for the patient, rather than a judge submitting the patient to the psychologist’s services, then the results of the evaluation are privileged.

Answers B, C, and D: These are all examples of individuals who do not hold privilege in this scenario.

64
Q

A woman is seeking conservatorship of her adult son, who was diagnosed with Autism Spectrum Disorder and Intellectual Disability as a child. As part of the conservator hearing, a psychological evaluation of her son is requested by the court. Who needs to consent to have the son’s psychological evaluation submitted to the court proceedings?
Select one:

A.
The son’s lawyer may waive privilege.

B.
The mother will consent.

C.
The court will waive privilege.

D.
The son will need to consent.

A

The correct answer is C.

In conservator court proceedings, the court will waive privilege as the information from the psychological evaluation is needed to determine the patient’s ability to care for himself.

Answer A: It is not necessary for the son to have his own attorney.

Answer B: The patient is an adult, not a minor.

Answer D: The patient’s privilege is waived by the court.

65
Q

A patient consents to treatment with a psychologist. They ask questions about how records are maintained and kept private. They share how excited they are to enter therapy as they have known for years this would help. During the intake, they report daily use of alcohol and it becomes clear that they are under the influence, but appear to understand what’s going on. When the psychologist sees them again, they have very little memory of the intake meeting and seem concerned about privacy. Which of the following is not one of the three conditions of legal informed consent?
Select one:

A.
Sobriety

B.
Comprehension

C.
Capacity

D.
Voluntariness

A

The correct answer is A.

Even though the client was not sober, the issue is the impact on the person’s capacity, not necessarily sobriety. Capacity refers to the patient’s capacity to make rational decisions about therapy. Being under the influence of alcohol and not remembering the intake, signaling the patient was black out drunk, would suggest they did not have the capacity or comprehension at the time of the intake to consent to treatment.

Answers B, C, and D: Legally speaking, the three conditions of informed consent are comprehension, capacity, and voluntariness.

66
Q

When treatment is mandated by the court, which of the following should also occur?
Select one:

A.
The patient is informed of the nature of the anticipated services, including that the services are court ordered as well as an explanation of the limits of confidentiality.

B.
The patient does not need to consent as their consent was waived by the court.

C.
The patient needs only a discussion of the limits of confidentiality.

D.
Both the court and the patient must consent to treatment in writing.

A

The correct answer is A.

The Ethics Code Standard 3.10 states, “When psychological services are court ordered or otherwise mandated, psychologists inform the individual of the nature of the anticipated services, including whether the services are court ordered or mandated and any limits of confidentiality, before proceeding.”

Answer B: Patient consent is not waived simply because treatment is court-ordered. The patient still needs to be informed about treatment.

Answer C: While the psychologist does need to discuss limits of confidentiality, this response fails to mention that the psychologist still requires consent to treat.

Answer D: The patient must consent to treatment, although it can be verbal or written.

67
Q

A trainee working under a psychologist’s license never mentions their trainee status to the patients they see. What steps should the trainee have taken as soon as was feasible early on in the treatment of these patients?
Select one:

A.
The trainee should have presented a letter from the supervisor, stating they are a trainee and include the supervisor’s contact information.

B.
The trainee needed to discuss that they and their supervisor are mandated reporters.

C.
The trainee needed to disclose their trainee status and give the name of their supervisor.

D.
The trainee simply needs to inform the patient that they are unlicensed, not who their supervisor is.

A

The correct answer is C.

In the state of California, a trainee must disclose their trainee status and share their supervisor’s name.

Answer A: While this is a good option to ensure all patients are informed, a letter is not required.

Answer B: This response doesn’t adequately address that the trainee is unlicensed.

Answer D: This response fails to also inform the patient of their supervisor.

68
Q

A psychologist is considering dating a colleague who was once their student in a graduate program. In deciding whether this multiple relationship is unethical, which of the following factors should not factor into their decision?
Select one:

A.
The frequency of contact in the past

B.
Power differential

C.
Duration of the relationship

D.
Clarity of termination

A

The correct answer is A.

Gottlieb recommends considering 3 factors when determining whether a multiple relationship is unethical; power differential, duration of the relationship, and clarity of termination. The frequency of past contact is not a factor in this decision making model.

Answer B: The power differential refers to how much power the psychologist has over the individual.

Answer C: The duration of the relationship refers to how long the relationship has lasted, i.e. longer relationships are more likely to be unethical.

Answer D: This response refers to how likely it will be that the student will require the psychologist’s professional services in the future.

69
Q

A couple disagree on the treatment of their child. The mother consents to the treatment. The father does not. The couple is divorced and both parents have legal custody. What is the best course of action?
Select one:

A.
Legally speaking, both parents must consent to treatment as they both have legal custody.

B.
Only the custodial parent needs to consent to treatment as they are the most equipped to understand the patient’s difficulties.

C.
A guardian ad litem may be hired by the parents to make decisions of what is in the best interest of the child.

D.
Either parent can consent alone, but it would be better for the psychologist to help the parents come to a mutual decision or to have the courts decide on the best interests of the child.

A

The correct answer is D.

Though either parent who has legal custody may consent to treatment, it is best practice to encourage parents to come to a mutual decision about treatment. If no such decision can be reached, their next recourse can be to submit to court proceedings. Depending on the level of risk of the patient’s presentation, the psychologist can help parents make a decision.

Answer A: Only one parent is required to consent legally speaking, although this wouldn’t be the best standard of care.

Answer B: Although a custodial parent may have insight into the patient’s difficulties, custodial parenting doesn’t supersede legal custody.

Answer C: A guardian ad litem is typically appointed by the courts in family court proceedings.

70
Q

A child presents for treatment of severe obsessive compulsive disorder. Their cleaning rituals have led to major scarring on their hands. The patient’s grandmother brought the child to treatment and is very concerned. The grandmother reports that she does not know who the patient’s father is and that the child’s mother left the child in her care 3 months ago and hasn’t returned. Which of the following is true?
Select one:

A.
The psychologist will need to call the Department of Children and Family Services to report child abandonment.

B.
The grandmother may consent to treatment as long as she signs a Caregiver Affidavit form.

C.
The grandmother must first make every attempt to reach the child’s mother before being allowed to consent for the child’s treatment.

D.
The grandmother cannot consent to the child’s treatment.

A

The correct answer is B.

Caregivers, who are at least 18 years old, and have signed a caregiver affidavit may consent to treatment on behalf of a minor.

Answer A: As the child was left with his grandmother and care was provided for them, they are not considered abandoned.

Answer C: The grandmother is not required to attempt every solution to find the child’s mother prior to consenting to treatment.

Answer D: The grandmother may consent to treatment.

71
Q

The wife of a patient calls the patient’s psychologist. She reports that the patient has bought a gun and has plans to shoot her ex-husband in the leg. She reports he does not plan to kill her ex-husband, only severely injure him. Which of the following is true?
Select one:

A.
The psychologist must assess his patient for hospitalization, call the police, and warn the wife’s ex-husband.

B.
The psychologist is not required to assess his patient or call the police because the patient is not intending to murder anyone.

C.
The psychologist is required to assess his patient for hospitalization.

D.
The psychologist can only encourage the wife to call the police regarding the patient’s behavior, as calling the police would be a breach of confidentiality.

A

The correct answer is A.

In 2004, the court’s opinion on Ewing vs. Goldstein expanded the meaning of a patient’s communication to include communication from patient’s family members, thus triggering a psychologist’s duty to warn/protect. The psychologist would be required to warn a reasonably identifiable victim, in this case, the ex-husband, contact local authorities, and consider hospitalizing the patient.

Answer B: Ewing vs. Goldstein clarified that not only murder but “grave bodily injury” can also be considered under a psychologist’s duty to warn/protect.

Answer C: Only assessing the patient for hospitalization does not address the psychologist’s duty to warn/protect.

Answer D: The psychologist’s duty to warn/protect supersedes confidentiality.

72
Q

A 12 year old boy discloses to their psychologist that they have begun having sex. The psychologist becomes aware that the patient is having sex with their girlfriend, who is 14 years old. Which of the following is true?
Select one:

A.
The psychologist does not need to report sexual abuse because the sexual activity is presumably consensual.

B.
The psychologist should assess if the sexual activity is consensual.

C.
The psychologist is mandated to disclose the information to the patient’s parents.

D.
The psychologist is mandated to report sexual abuse because of the patient and his girlfriend’s ages.

A

The correct answer is D.

California courts have determined that the age of the minor and his or her partner establish whether consensual sexual intercourse constitutes reportable sexual abuse. In this case, even consensual sexual intercourse between a 12-year-old and a 14-year-old would constitute child sexual abuse.

Answers A, B, and C: Consent does not exist between two minors of these ages. And while disclosing the information is necessary for a mandated report, the psychologist is not obligated to inform the patient’s parents.

73
Q

A psychologist is working with an adolescent with a severe anxiety disorder who was recently hospitalized for a suicide attempt. The patient’s worries include going to hell for identifying as a gay person. The patient’s parents belong to a strict, orthodox church that reinforces the belief that the patient will go to hell for being gay. The parents often remind the adolescent that if he commits suicide, he will go to hell. Which of the following should the psychologist do?
Select one:

A.
The psychologist may choose to report this “serious emotional damage” to the Department of Children and Family Services.

B.
The psychologist should recommend family therapy with a faith-based provider.

C.
The psychologist cannot address this in the treatment as it would be insensitive to the family’s religious beliefs.

D.
The psychologist should challenge the patient’s, not the parent’s, religious beliefs in therapy.

A

The correct answer is A.

Psychologists may- but are not required to - report “serious emotional damage.” Serious emotional damage can include severe anxiety or being at risk of harm to self. In this case, the parents’ behavior and the patient’s subsequent symptoms and suicide attempt allow the psychologist to consider reporting the abuse.

Answer B: It may do the patient harm to terminate and refer out.

Answer C: Although psychologists must be sensitive to cultural issues, the psychologist must consider the potential harm to their patient if the ethical consideration is not addressed.

Answer D: Whether or not to challenge religious beliefs does not address the ethical consideration.

74
Q

An adolescent patient reports that 3 years ago, his father became so upset at his mother that he broke her arm at the dinner table. The patient says nothing like this has happened again but that he has a recurring nightmare about the incident. The family all reside together and are involved in treatment. Which describes the psychologist’s best course of action?
Select one:

A.
The psychologist should report the abuse to Department of Children and Family Services but only disclose this to the family if the report is taken.

B.
The psychologist should refer the mother to a domestic violence support group and offer psychoeducation on cycles of abuse.

C.
The psychologist should report the abuse to the Department of Children and Family Services and consider holding a family therapy session to discuss it.

D.
The psychologist should refer the father to anger management.

A

The correct answer is C.

Domestic violence when witnessed by minors may constitute child abuse. Though the abuse is historical, the psychologist is required to report the abuse to the authorities. Since the family is already engaged in treatment, it also makes sense that the psychologist assess and better understand the role of domestic violence in the patient’s treatment.

Answer A: Though a report addresses the legal obligation, the ethical obligation is also to help the family in treatment, making answer choice C a better response.

Answer B: The psychologist should gather information about the role of domestic violence within the family, but this response doesn’t address the legal obligation to report child abuse.

Answer D: The psychologist does not know enough to know if this is warranted at this point in time, and again this answer does not address the legal obligation to report child abuse.

75
Q

A 16 year-old client ends therapy with Dr. Jones on September 23, 2021. The client’s birthday is January 4th. How long should Dr. Jones retain that client’s health record?
Select one:

A.
At least until September 23, 2028

B.
Only until September 23, 2028

C.
At least until January 4, 2030

D.
Until January 4, 2026

A

The correct answer is C.

According to CA law, “a licensed psychologist shall retain a patient’s health service records for a minimum of seven years from the patient’s discharge date. If the patient is a minor, the patients health service records shall be retained for a minimum of seven years from the date the patient reaches 18 years of age.” In this question, the client turns 18 on Jan 4, 2023. Thus, 7 years later would be January 4, 2030. Of note, APAs Record Keeping Guidelines adds, “psychologists may consider retaining full records until 3 years after a minor reaches the age of majority.” (The age of majority is 18). Sometimes there is confusion about these different guidelines. When guidelines conflict, unless one source trumps the other (e.g. federal law vs. state law), the correct answer is this most conservative one. Keeping records until the client is 25 is more conservative than keeping records until the client is 21, thus C is the correct answer as opposed to D. If the question stated, “According to APA, how long should Dr. Jones retain the client’s record?” then D would be the correct answer.

Answer A: This answer would be correct if the client was an adult. However, because this client was a minor at the time of termination, records need to be kept for 7 years after the client turns 18.

Answer B: This answer is incorrect for two reasons. First, because the client is a minor. (See rationale for answer A). Second, because of the word “only”. The law states that records must be kept for a “minimum” of 7 years after the clients termination date. It is within the law to maintain records beyond that point, although it is not necessary. Therefore, “at least until” in the other examples is a better answer choice than “only until”.

Answer D: This date fits the guidelines put forth by APA: 3 years after the client turns 18. However, because the question did not specifically ask what Dr. Jones should do according to APA guidelines but rather, according to California guidelines, keeping records for 7 years after the client turns 18 is the correct answer. If the question did not indicate which source to adhere to, the most conservative guidelines should be chosen. In this instance, that would be California law.

76
Q

Which of the following are requirements of psychologists for electronic record keeping?
Select one:

A.
A non-electronic backup storage system, a way to print copies of signature documents, and a way to ensure that inputted records are unalterable.

B.
An offsite backup storage system, a mechanism to copy signature documents, and a way to ensure that inputted records are unalterable.

C.
A non-electronic backup storage system, a way to ensure that inputted records are unalterable, and a record protected by at least two different passwords.

D.
An offsite backup storage system, a way to ensure that inputted records are unalterable, and saved hard copies of any original documents.

A

The correct answer is B.

This is a direct quote taken from California laws requirements for recordkeeping. Of note, these requirements do not apply if hard copy records are kept instead of electronic records.

Answer A: The guidelines for electronic recordkeeping do not specify that the back-up storage system must be non-computerized. The back up could be stored in a hard drive, for example. Similarly, the requirements state that having a mechanism to “copy” signature documents is necessary rather than being able to “print” them.

Answer C: This answer is spoiled for two reasons: 1) the back up system does not have to be non-electronic and 2) although having the records stored securely is important, there is no requirement for a double layer of security access such as two passwords.

Answer D: The first two statements in this answer are correct, however the third is incorrect. If a comprehensive electronic record system is used, the hard copies can be destroyed once the electronic record has been stored.

77
Q

A client with Borderline Personality Disorder has been seeing a psychologist for one year in individual therapy. The client begins to distrust the therapist and demands to see her full medical record in order to prove that the therapist doesn’t really care about her. According to California law, how should the psychologist address this demand?
Select one:

A.
Show the client her record unless seeing it is likely to endanger herself or the psychologist.

B.
Refrain from showing the client her record.

C.
Further discuss the clients motives for wanting to see her record.

D.
Have the client put her request to view the record in writing and show it to her within 5 business days.

A

The correct answer is B.

According to California law, a psychologist can deny access to records when they determine there is a “substantial risk of significant adverse or detrimental consequences to a patient in seeing or receiving a copy of the records.” Because of this client’s diagnosis and mental state described in the prompt, it is quite likely that she would find something in the record to confirm her belief that she should not trust the psychologist. Also due to her diagnosis, preserving trust in the provider is key for successful treatment. Thus, it is clear that showing her the record may cause detrimental consequences to the client. This differs from HIPAAs regulations on the topic (see rationale for answer A). Because HIPAAs regulations are stricter in this case, if the source is unspecified, HIPAAs requirements would be the correct answer. But because this question specifically poses what the psychologist should do according to California law, B is the correct answer.

Answer A: This answer would be correct if the question did not specify “according to California law” or if it specified, “according to HIPAA”. HIPAA states that the denial of access to records is allowed if access is “reasonably likely to endanger the life or physical safety of the client or another person.” In contrast, California law allows for a more general refusal to see records in the event that it would cause “adverse or detrimental consequences to the patient”. Put another way, HIPAA is about physical harm and CA law is about mental or emotional harm in addition to physical harm. In real practice (and if the prompt did not specify a source), the correct response is whichever benefits the client the most, which in this instance would be HIPAAs guidelines. Also, because HIPAA is federal, it supersedes California law in real practice.

Answer C: This is a wrong answer because it is a clinical response rather than a legal response. Always keep in mind that this is a laws and ethics exam, not a clinical exam. Although discussing the client’s motives is arguably a good answer clinically speaking, it does not address the question of what the psychologist should do according to California laws. There is enough information in the prompt to make that determination (see rationale for B).

Answer D: Although this answer is procedurally sound, it does not address the real question brought forth by this prompt (should the psychologist allow the patient to see her records or not). For that reason, A or B are better answers. This answer is also incorrect because the psychologist can deny the client access to her record in this circumstance (see rationale for B).

78
Q

Dr. Shra specializes in therapy with children and adolescents. The mother of a long-standing patient requests a copy her child’s records for the past 12 years. How should Dr. Shra respond?
Select one:

A.
Provide a chance for her to look at the record within 5 business days.

B.
Provide a copy of the record within 10 working days.

C.
Provide a copy of the record within 15 business days.

D.
Explain that the record is very long and receive the mother’s permission for a summary instead. If she consents, provide that summary within 30 days.

A

The correct answer is D.

According to HIPAA, a summary of a record can be given instead of a full copy of the record but two requirements must be met: 1) the client or requestor must agree to receiving a summary instead of the record and 2) this request must be in writing. Typically, the health care provider is required to make the summary available within 10 working days of the written request. However, if the record is of “extraordinary length” or if the patient was discharged from a licensed health facility within the last 10 days, the summary can be provided in no more than 30 days after the written request. Because this question makes it clear the record is extraordinarily long (12 years of treatment), it is fitting that the summary be provided within 30 days.

Answer A: This answer is true for a written request to inspect the record. However, this question states that the mother is requesting to have a copy of the record, so A is incorrect.

Answer B: This timeline is correct in reference to a written request for a summary of the record. However, in this question, the mother is making a request for a copy of the record.

Answer C: This answer is incorrect for two reasons. First, it is spoiled because it says “business days”. A written request for a copy of a client’s record must be given to the client or their representative within 15 days. Second, because it is clear that the record in question is exceptionally long, D is a better answer. A provider is allowed to offer a summary of a record, as opposed to the copy of the entire record, but the requestor must agree to the summary. If the record is of extraordinary length or if the patient was discharged from a health facility within 10 days, the provider can take up to 30 days to provide that summary of the record. If answer D was not listed, and if C read “within 15 days”, C would be the correct answer.

79
Q

A 16-year-old client has divorced parents. The mother, who is a non-custodial but biological parent, has had her custodial rights removed by the courts and is requesting to see the client’s records. What is the most ethical course of action for the psychologist to take?
Select one:

A.
Obtain consent from the client to release the record or a summary of the record to the mother.

B.
Deny the mother access to her daughter’s record.

C.
Allow the mother to see her daughter’s record.

D.
Explore the relationship between the client and his or her mother to determine if releasing the record would be clinically appropriate or cause any potential harm.

A

The correct answer is B.

The language here can be a bit confusing. Any parent with legal guardianship can view their client’s record (unless an exception applies, such as a minor in extenuating circumstances who is able to consent to their own treatment). Ideally, the CPLEE will use the term “legal guardian” or “legal rights to the child” to make it clear because “custodial parent” typically refers to the parent who has physical custody over a minor. However, for the purposes of this exam, if not otherwise explained, the term “custodial parent” can also mean the parent with legal guardianship. A non-custodial parent would be a parent without legal guardianship. Because the mother in this example does not have custody of the child (aka she does not have legal guardianship), she is not allowed to see the records without a release from the custodial parent. There are other categories of rights a parent can be awarded (e.g. medical rights, educational rights, etc.) so do not be thrown off by these terms. Additionally, if the question does not specify the legal status of the parent, it is safe to assume that biological parents have legal guardianship. For example, if in this question the parents were not divorced with a custody arrangement, the mother would be able to see her daughter’s record.

Answer A: In the eyes of the law, children and teens do not have legal power until they are 18 years old (unless their situation meets one of the exceptions in the law like emancipated minors). Thus, the 16 year-old client would not have power to release his or her own records in this case. The consent for release of records must be obtained from the parent with legal guardianship.

Answer C: This answer may have been tempting based on the description of the mother as biologically related to the client. However, in the eyes of the law, it is only the parent(s) with legal guardianship (also known as the “custodial parent” on this exam) who can see records, consent to treatment, and make other legal decisions on behalf of their child. Because this question makes it clear that the mother, although biological, is not a custodial parent, she has no rights to see her daughter’s record without a release from the custodial parent.

Answer D: Although this sounds like a great clinical answer, it does not answer the question. The question focuses on what is legal in this situation as opposed to what is clinically sound. Because the mother does not have custody of the minor, she is not able to see the record. Thus, the client’s relationship with his or her mother is irrelevant to answering the legal aspect of this question.

80
Q

In which of the following circumstances is an un-emancipated minor not allowed to consent to their own mental health treatment?
Select one:

A.
A 14 year-old who is being sexually abused by their parent.

B.
An intelligent 12 year-old whose parents are willing to participate in therapy.

C.
Outpatient treatment that includes psychiatric medication.

D.
An intelligent 12 year-old whose parents are willing to pay for the minor’s treatment and participate in therapy.

A

The correct answer is C.

Note that the question is asking when an un-emancipated minor is NOT able to consent to their own treatment. There are some unique situations where an un-emancipated minor can consent to their own treatment but the law specifically states that a minor cannot consent to receiving psychotropic drugs (e.g. mood stabilizers, anti-anxiety meds, antidepressants, antipsychotics, stimulants, etc.), convulsive therapy, or psychosurgery without the consent of a parent or legal guardian. One could argue that not all psychiatric medication is psychotropic, yet even so, C is the best of the answer options provided because it is closest to the language of the law.

Answer A: A minor who is at least 12 years of age, mature enough to participate intelligently in treatment, and who is the alleged victim of incest or child abuse is able to participate in therapy without parental consent.

Answer B: The law states that although a minor can consent to their own treatment if they are at least 12 years of age and intelligent enough to participate in treatment, the parents are encouraged to be a part of therapy unless there are clinical reasons or safety concerns to exclude them. Thus, the parents participating or supporting therapy does not exclude an un-emancipated minor from consenting to their own treatment.

Answer D: If an un-emancipated minor meets the criteria for consenting to their own treatment, the parents are “not required” to pay for services. This means that they can in fact pay for the minors therapy (again, they are not required to). It also means that even though the parents are “willing” to pay in this case, the minor can turn them down and provide payment from a different source. This would be a strange situation in real life, definitely, but keep in mind that the exam is asking only about what the laws and ethics state. The parents’ involvement and willingness to pay does not legally keep a minor from consenting to their own treatment.

81
Q

A psychologist receives a subpoena for the records of a therapy client who terminated treatment one year ago. The subpoena states that the client is on trial for embezzlement. How should the psychologist respond?
Select one:

A.
Call his or her personal attorney and insurance carrier to confirm the subpoena is valid.

B.
Call the client and inquire if the client wants the psychologist to uphold privilege.

C.
Appear in court but claim privilege because any information the therapist has is outdated since the client terminated one year ago.

D.
Notify the client about the subpoena and explain to him that privilege is automatically waived in situations that deal with crime.

A

The correct answer is A.

Although this answer does not address the “meat” of the prompt, it is actually the best answer option provided for the question because it is the next or first step the psychologist should take. If the subpoena is found to be valid, the psychologist will then proceed with answer option B. If the subpoena is not valid, no further action is needed beyond documenting the verification of its invalidity through consultation.

Answer B: This is not a wrong response. However, it is not the best response. Both A and B are correct answers, but A is a better answer because it is the first step that should be taken. If A were not listed as an option, B would be the best answer.

Answer C: This answer option might be a good choice if the question were discussing a competency evaluation in court (e.g. a psychologist cannot speak to current competency based on data from one year ago). However, based on the information given in this question, the correct response would be to make sure the subpoena is valid and then reach out to the client to determine if he would like to claim privilege or not.

Answer D: This may seem like an appealing answer but it is incorrect. There is no blanket statement in the law that allows privilege to automatically be waived due to “crime”. There are specific exceptions to privilege listed in the code and they include the following situations: patient-litigant exception (e.g. the patients emotional condition is raised as an issue by the patient), court-appointed psychotherapist, Board of Prison Terms-appointed psychotherapist, crime or tort (e.g. therapy services were sought to help aid a crime), breach of duty (e.g. client sues therapist), sanity evaluation of criminal defendant, patient danger to self or others (e.g. disclosure is necessary to prevent harm), establishing competence, and if the patient is under 16 years-old and the victim of a crime. This situation does not meet criteria for any of these exceptions, thus the psychologist should proceed with the subpoena by first ensuring its validity, then inquiring if the client would like to claim privilege.

82
Q

During session, a 14 year-old client confides that she engaged in oral sexual activities with her 15 year-old boyfriend. How should the psychologist proceed?
Select one:

A.
Inform the client’s parents of the situation so they can monitor for future potential safety concerns.

B.
Report the information to child protective services. Because of client’s age it is a mandated report, regardless of consent.

C.
Assess further to determine if the client’s sexual acts with her boyfriend were consensual.

D.
Assess further to determine if the client is also having sexual intercourse with her boyfriend and if so, report it to child protective services.

A

The correct answer is C.

According to the Child Abuse Neglect Reporting Law, if a 14-year-old client voluntarily engages in sexual acts with her 15-year-old boyfriend, a mandated report is not required and should be left up to the clinician’s judgment to determine if anything reportable is occurring.

Answer A: Although this may be something to consider as part of the client’s treatment, this answer does not address the legal and ethical concerns brought up by the question.

Answer B: Sexual acts between a person 21 years or older and a minor who is 15 or younger must be reported regardless of consent.

Answer D: Consensual sexual intercourse between a 14 year old and a 15 year old is not a reportable offense. Of course if the act was not consensual, you would then make a report.

83
Q

During an intake for a 15 year-old client, his mother explains that she is very alarmed by his recent attitude, disrespect, and reckless behavior. She elaborates to explain that he has recently started dating a 22 year-old college student and she found them in bed together. The client angrily asserts that he is in love with his girlfriend and hates his mother because she called the cops on them for their age difference. How would an ethical psychologist proceed?
Select one:

A.
Focus on treating the teens “attitude”, educating him about safe sexual practices, and work on the mother-son relationship, since the information has already been reported to the authorities.

B.
Call child protective services and report the information.

C.
Meet with the son separately in order to further assess if the sexual acts between himself and his girlfriend are truly consensual.

D.
Document that the mother reported the information to the police and focus on treating the teens “attitude”, educating him about safe sexual practices, and work on the mother-son relationship.

A

The correct answer is B.

According to the revised Child Abuse Neglect Reporting Act (made effective Jan 1, 2021), sexual acts are a mandated report regardless of consent if they occur between someone 21 years of age and older and a minor under 16 years of age. Because this client is 15 and his girlfriend is 22, this is an automatic mandated report. Although it may be true that the mother already reported the information to the police, as a mandated reporter, the psychologist is required to ensure that information was reported. Therefore, calling to report the situation is the right answer.

Answer A: Even though the mother reports that she informed the police about this incident, it is the duty of a mandated reporter to ensure the report. Thus, it is best practice for the psychologist to call and confirm that the information was reported. See rationale for answer B to explain why this situation is a mandated report.

Answer C: Due to the age difference between the client and his girlfriend, it is irrelevant if the sexual acts between them are consensual. It is a mandated report regardless of consent.

Answer D: This answer is a better version of answer choice A. But B is still the better answer option. It is always a good idea to document if a parent has filed a report, however, as a mandated reporter it is best practice to ensure first-hand that this information is reported to the authorities. If later on, it turns out the mother did not report the information, the psychologist would be in violation of their duty to report.

84
Q

A psychologist failed to report that the father of his minor client often hit his client in a flare of anger. A few months later, that client was admitted to the hospital for fatal wounds inflicted by his father. What will be the psychologist’s punishment?
Select one:

A.
Up to 1 year in county jail or a $1,000 fine

B.
Up to 6 months in county jail or a $1,000 fine

C.
Up to 6 months in county jail, a $5,000 fine, or both

D.
Up to 1 year in county jail, a fine of up to $5,000, or both

A

The correct answer is D.

According to Section 11166.01 (b) of the code, “any mandated reporter who willfully fails to report abuse or neglect, or any person who impedes or inhibits a report of abuse or neglect, in violation of this article, where that abuse or neglect results in death or great bodily injury, shall be punished by not more than one year in a county jail, by a fine of not more than five thousand dollars, or by both that fine and imprisonment.”

Answer A: This provides incorrect information.

Answer B: This is the punishment for failing to make a required report of child abuse. However, in the example above, as a result of failing to make a child abuse report the client has suffered great bodily injury. The penalty in this situation is higher than just failing to report child abuse.

Answer C: This is similar to the correct answer. However, the duration of jail time makes it an incorrect answer. Up to one year in county jail is the correct duration.

85
Q

Which of the following is not a law that was put into effect January 2020 or January 2021?
Select one:

A.
Psychologists providing telehealth are required to comply with all applicable laws of California and the state where the client is located.

B.
Psychologists licensure renewal requires 6 hours of training in suicide prevention, assessment, and intervention.

C.
Crisis response teams that work with law enforcement must be supervised by a licensed mental health professional.

D.
Licensing boards cannot deny licensure on the basis of prior criminal convictions if they are more than 7 years old.

A

The correct answer is A.

Although this has always been a good standard of practice and actually was proposed by the Board of Psychology in 2020 as a requirement for telehealth, it was not yet a requirement as of January 2021.

Answer B: Six hours of training or experience in suicide prevention, assessment, and intervention must be obtained for psychologists renewing on or after January 1, 2020.

Answer C: Effective January 2021, crisis response teams involving a mental health professional working alongside law enforcement must be supervised by a licensed mental health professional.

Answer D: Licensing boards generally cannot deny licensure on the basis of prior convictions that are 7 years old. Even for criminal convictions that are less than 7 years old, the board cannot deny licensure if the conviction was dismissed, expunged, or pardoned.

86
Q

The Board of Psychology proposed several additions to telehealth requirements in January of 2021. Which of the following is not one of the laws that will go into effect for California psychologists if the proposals are passed?
Select one:

A.
Ensure competency in practicing psychology.

B.
Determine that telehealth is appropriate for treatment.

C.
Ensure competency in telehealth.

D.
Comply with all laws in the state where the client is located.

A

The correct answer is A.

This is a requirement in effect prior to the 2021 proposals. All psychologists providing telehealth services must be properly trained and qualified to provide psychological services.

Answer B: The BOP proposal requires that psychologists providing telehealth determine that telehealth is an appropriate format of treatment for the client, including but not limited to that client’s presentation of symptoms.

Answer C: The BOP proposal requires that psychologists providing telehealth ensure competency in telehealth as well as competency in the specific technology used.

Answer D: The BOP proposal requires that psychologists comply with all applicable laws in California and the state in which the client is located, if the client is not in California.

87
Q

One of the Board of Psychology’s additions to telehealth laws, proposed in 2021, is to require psychologists to give specific informed consent, not including which of the following?
Select one:

A.
Data storage policies and procedures

B.
Issues of “non-comparability” of telehealth services vs. in-person services

C.
Informing the client of the state in which the psychologist resides

D.
Insurance coverage considerations

A

The correct answer is C.

This is not a specific requirement proposed by the Board of Psychology for telehealth informed consent.

Answer A: The Board of Psychology’s proposal requires psychologists providing telehealth to give specific informed consent to clients including risks, data storage policies and procedures, possibility of technical failure, insurance coverage considerations, and explaining how telehealth services and in-person services differ.

Answer B: This is one of the proposed additions to telehealth informed consent requirements.

Answer D: This is one of the proposed additions to telehealth informed consent requirements.

88
Q

Dr. Dan’s supervisee consults with him after a new client intake. It turns out that the new client is the stepsister of the supervisee’s ex-boyfriend. How should the psychologist guide the supervisee to deal with this situation?
Select one:

A.
Discuss the matter with her client.

B.
Immediately refer the client to another therapist.

C.
Dr. Dan should take over the case.

D.
If it has been two years since the supervisee and her boyfriend broke up, she may continue to see the client.

A

The correct answer is A.

Dual relationships are not in and of themselves unethical. What makes dual relationships unethical is if the relationship causes harm to the patient and/or impairs the therapist’s objectivity. The appropriate steps are to determine to what extent this dual relationship would be harmful to the client and/or impair the supervisee’s objectivity or competency. It is unclear from the prompt how close the step-sister and supervisee are to one another, how long the supervisee dated her ex-boyfriend, and how close the ex-boyfriend and step-sister are to one another. Thus, the next step is to discuss the matter with the client further to determine the appropriate steps.

Answer B: Although this may not be a wrong answer, the better answer is A. More information is needed to determine if a referral would be in the best interest of the client.

Answer C: There is no ethical mandate or law that a supervisor has to take on a supervisee’s case if there is a dual relationship. Additionally, a dual relationship is not automatically unethical. If it is determined that the dual relationship qualifies as unethical, a referral would be appropriate.

Answer D: The two-year rule may seem familiar. There is a standard that states psychologists cannot engage in sexual intimacies with former clients for a t least two years after cessation of therapy and only in the most unusual of circumstances. Additionally, psychologists are not allowed to become sexually intimate with relatives of current clients. However, neither of these two standards is applicable in this situation since it is the stepsibling of a previous boyfriend that is a potential client. The duration of the supervisee’s breakup is not a relevant factor in determining what is ethical. The question is asking about the ethical standards for a dual relationship.

89
Q

A psychologist becomes attracted to their client. After consultation, the psychologist decides to continue with the client’s treatment. After termination, the psychologist consults once again with their colleague wondering if they can now date this client. How should the colleague advise the psychologist?
Select one:

A.
Inform the psychologist that if they do date the client, the colleague will have to report the psychologist to the board for unethical conduct.

B.
Tell the psychologist that it is never okay to date a previous or current client.

C.
Tell the psychologist that because the client has terminated therapy, it may be okay to pursue a relationship.

D.
Inform the psychologist that at some point in the future, it may be okay to pursue a relationship.

A

The correct answer is D.

The ethical standard states that psychologists cannot engage in an intimate relationship with former clients for at least two years after termination of therapy and only in the most unusual circumstances. The burden of proof is on the psychologist to show that the criteria of unusual circumstances are met, including but not limited to proving the client is not being exploited or harmed, there was no previous sexual contact, and taking into consideration the nature, duration, and intensity of the therapy.

Answer A: Dating a previous client is not always unethical. Because of this, reporting the psychologist may not be necessary. Additionally, the question is asking about the laws regarding sexual intimacies with previous clients, not about when to report colleagues, thus it is a decoy answer.

Answer B: It is tempting to choose this answer however it is not accurate. The ethics code does make an allowance for having a sexual relationship with previous clients, although only in very rare circumstances and after at least two years since termination.

Answer C: It would be unethical for the psychologist to pursue a relationship immediately after termination of therapy. The ethics code states that two years must pass after termination and very rare circumstances must be present in order for a psychologist to have an intimate relationship with their previous client. The way this question is worded makes it clear that it would give permission to date a previous client upon termination, which is incorrect.

90
Q

Dr. Bell was diagnosed with a chronic illness three months ago and has made adjustments to her work schedule in order to better care for herself. Processing the diagnosis and lifestyle adjustments has been quite difficult for Dr. Bell, so she has leaned on the help of her own personal therapy. During an intake session, Dr. Bell realizes her new client’s primary issue of concern is grappling with a recent diagnosis of an autoimmune disease. What would be the best way for Dr. Bell to proceed?
Select one:

A.
Share with the client that she also has a chronic illness and thus they would be a great fit to work together.

B.
Explain to the client that because of personal reasons, Dr. Bell is not able to take on their case and provide appropriate referrals.

C.
Help the client through any current crises and then provide appropriate referrals.

D.
Consult with a trusted colleague.

A

The correct answer is C.

It is an ethical choice to refer a client out if the psychologist’s competence is lacking: either for lack of training or experience, or for personal reasons. In this case, the client’s presenting issue is so closely aligned with something the psychologist is personally struggling with (e.g. the intensity of the topic and the recency of the diagnosis), it would be a situation in which the psychologist should refer out.

Answer A: This answer does not do a good job of addressing the legal and ethical content area of this question: when to refer out. Instead, it takes a more clinical approach of focusing on self-disclosure. The issue in question here is the psychologist’s personal competency to deal with an issue that is close-to-home. Just because the client and psychologist share a personal experience does not necessarily mean that they are a good fit to work together. In fact, it can be problematic.

Answer B: If answer C were not present, B would be the correct answer. It would be an ethical move to provide referrals in this case. Clinically, it is a good idea to explain why the referrals are being given. However, answer C is the better answer because psychologists have an ethical mandate to do no harm to the client and address any safety or crisis concerns. If the client is immediately in crisis, the psychologist should stabilize them first and then provide appropriate referrals.

Answer D: “Consult” is often a decoy answer on this exam. Unless the content of the question is directly inquiring about when it is appropriate to consult about a client’s case, or there are no better responses, avoid choosing “consult”. It is a stepping-stone to the correct response. In this question, enough information is given to determine an ethical response without consulting.

91
Q

Dr. Rashida goes to happy hour after work with some psychologist colleagues. After a couple drinks, one of his colleagues lets it slip that he and his most attractive client shared a mutual kiss during session this week. How should Dr. Rashida respond?
Select one:

A.
Discuss the matter with the colleague the next day when he is not drunk to gather more information.

B.
Further assess the details, including your colleagues remorse, in order to determine if an informal resolution is appropriate before filing a complaint.

C.
File a formal complaint with the licensing board.

D.
Do not file a complaint in order to preserve the clients confidentiality.

A

The correct answer is C.

In this scenario, sexual contact between a psychologist and a client is an automatic report to the ethics committee. If the client were a minor, a child abuse report would also need to be made.

Answer A: On a personal and clinical level, this may be a good answer. However it does not address the ethical, legal, or safety concerns brought up by this situation. Enough information is already provided to file a complaint.

Answer B: In this situation, an informal resolution is not an option. A sexual encounter between a psychologist and a client automatically rises to the level of a formal complaint.

Answer D: If a psychologist becomes aware that a colleague has violated the law regarding no sexual contact with clients, that psychologist must report the information. It is possible to file a complaint against a psychologist without knowing the client’s information. What may be confusing is that if a psychologist’s client shares that a previous therapist has engaged in sexual intimacies with them, the psychologist cannot report the information without the client’s consent. In the latter instance, the client’s confidentiality usurps the need to report. However, it is mandated in that circumstance to give the client the pamphlet “Professional Therapy Never Includes Sex”.

92
Q

While working at a community mental health clinic with a sliding scale fee option, a psychologist’s new client indicates that they are unable to pay the treatment fee. However, the client owns a bakery and can provide baked goods and coffee to the whole clinic on a weekly basis instead. What would be the best way for the psychologist to respond?
Select one:

A.
Indicate appreciation for the offer but see the client pro-bono.

B.
Accept the proposal.

C.
Indicate appreciation for the offer but decline and provide appropriate referrals to low-fee providers.

D.
Agree to the barter as long as the client agrees to end treatment within a short time frame so the relationship does not become exploitative of the psychologist.

A

The correct answer is B.

Bartering is “the acceptance of goods, services, or other nonmonetary remuneration from clients in return for psychological services.” Bartering is not inherently unethical. The ethics code states that psychologists may barter if it is “not clinically contraindicated, and when the resulting arrangement is not exploitative” of the client or of the psychologist. In this example, the barter would not impair the psychologist’s objectivity, adversely affect the client-therapist relationship, and the monetary value of the baked goods and coffee may be equivalent to a reduced-fee spot at a community mental health center. An example of a barter that would be unethical is if the client was offering childcare to the psychologist’s family.

Answer A: Psychologists are encouraged, but not mandated, to provide some services pro-bono. If B were not listed, this would be the next best answer. However, B is a better answer because it directly answers the question of bartering.

Answer C: The barter offered in this example is not unethical and thus could be accepted. Also, it is clear from the question that the client is already at a low-fee clinic, so a referral is redundant and does not address the question of bartering.

Answer D: Although one of the criteria to ensure a barter is ethical is that it does not exploit the psychologist, requiring a client to end treatment by a certain time violates the duty of “Do No Harm” and also can be exploitative of the client-both of which are unethical.

93
Q

Dr. Loren just moved to a new city and started a private practice. She attends church regularly and for the past month she has been attending a weekly small group Bible study and really connecting with her fellow attendees. The 5th time she attends, she notices that the newest member is one of her clients. What should Dr. Loren do?
Select one:

A.
Quietly remove herself from the group as soon as she is able and in the future, attend a different Bible study.

B.
Speak privately with the leader of the group and ask them to let her know if the client commits to join the group, without breaking the client’s confidentiality. If the client does join, she will remove herself from the group but if not, she can stay.

C.
Keep the clients confidentiality during the Bible study and discuss the matter with the client at their next session.

D.
At the clients next session, explain that because the psychotherapist is already established as a member of the Bible study, she will have to provide the client with appropriate referrals if the client wants to join the group.

A

The correct answer is A.

This situation qualifies as a problematic multiple relationship because the extent to which sharing of personal information and friendships will occur at the Bible study. The ethics code states, “If a psychologist finds that, due to unforeseen factors, a potentially harmful multiple relationship has arisen, the psychologist takes reasonable steps to resolve it with due regard for the best interests of the affected person and maximal compliance with the Ethics Code.” In this instance, it is in the clients best interest for the psychologist to remove herself from the Bible study and attend a different one.

Answer B: This answer may be tempting but it automatically breaks the clients confidentiality. Even if Dr. Loren does not share that the new member is a client of hers, it is easy enough to surmise.

Answer C: Clinically speaking, it would be a good idea to discuss the mutual encounter at the next session. However, this response does not answer the ethical question about how to navigate multiple relationships. There is enough information in the question to make a determination on how to proceed, regardless of discussing it with the client.

Answer D: Broadly speaking, an ethical psychologist does what is in the best interest of the client. The ethics code states, “If a psychologist finds that, due to unforeseen factors, a potentially harmful multiple relationship has arisen, the psychologist takes reasonable steps to resolve it with due regard for the best interests of the affected person and maximal compliance with the Ethics Code.” In this instance, it is in the clients best interest for the psychologist to remove herself from the Bible study rather than remove the client from therapy. Thus, this answer is incorrect. However, if the psychologist had been a member of the Bible study for years and the client was brand new to therapy, this answer might be appropriate.

94
Q

A client is put on an involuntary hold for being a danger to others for the maximum amount of time. How many days are they held?
Select one:

A.
14 days

B.
17 days

C.
180 days

D.
197 days

A

The correct answer is D.

First, a client is put on a 72-hour hold (5150). If more time is needed, they will be held for an additional 14 days (5250), which is called “certification”. If more time is still needed, they will be put on a “post-certification hold”. The timeline of a “post-certification hold” varies by category: for suicide it is 14 days max (5260), for grave disability it is 30 days max (5270), for danger to others it is 180 days max (5300). Thus, 72 hours or 3 days + 14 additional days + 180 days = 197 days.

Answer A: 14 days is the limit on “certification”, which is the hold immediately following a 72-hour (5150) hold. This answer leaves out other holds that can take place, thus it is incorrect.

Answer B: 17 days would be the amount of time a person is held for danger to others in their initial hold (5150) and the first additional hold (5250). However, they can be held even longer on a “post-certification hold”.

Answer C: 180 days is the maximum amount of time someone who is at risk of being a danger to others can be held on a post-certification hold. However, this does not include the time spent on the initial two holds.

95
Q

A psychologist who specializes in anxiety in children and adolescents is interested in taking on a client in their late 20s who presents with anxiety. What is the most ethical way for the psychologist to proceed?
Select one:

A.
Refer the client out

B.
Obtain consultation

C.
Obtain supervision

D.
Obtain supervision and training

A

The correct answer is B.

The need of this client is very close to the psychologist’s expertise (e.g. anxiety). The gap between the psychologist’s experience or training and the clients’ need is the developmental differences between an adolescent and a young adult. This gap can be bridged by occasional consultation with a provider who specializes in working with young adults.

Answer A: In this instance, the psychologist’s expertise is aligned closely enough with the clients needs, that a referral is not mandated. However, the psychologist must commit to bridge any gap in their training or experience to provide appropriate treatment.

Answer C: Supervision would be the appropriate answer in a situation where the psychologist has training (e.g. book knowledge) about a presenting issue or diagnosis but has never worked with it clinically. In that instance, supervision is necessary while working with the first couple clinical cases. In this example, the psychologist has both training and experience with treating anxiety, so supervision is not necessary. In order to bridge the gap in developmental understanding between adults and teens, consultation would be appropriate.

Answer D: The need to obtain both supervision and training is appropriate when the clients presenting need is in an entirely new area from the psychologist’s experience or training. Some examples would be needing to get trained in EMDR, seeing someone with Schizophrenia for the first time, or branching out into specialized populations. In this case, the needs of the client are more closely aligned with the psychologist’s expertise, thus consultation is more appropriate.

96
Q

After 6 months of working together, a client tells Dr. Chieu that she is no longer able to pay for sessions. She just lost her job and therefore, her insurance coverage. What would be the most ethical solution?
Select one:

A.
Offer to see the client pro-bono until she gets a new job.

B.
Create a plan to speed up the treatment and terminate within the next few weeks.

C.
Immediately provide the client with appropriate reduced fee referrals and be available in case of any crises until her transfer to a new therapist is complete.

D.
Allow the client to barter for her sessions by doing some bookkeeping for the psychologist until she obtains a new job.

A

The correct answer is A.

According to the ethics code, a psychologist may not terminate treatment due to a short-term financial crisis. This would be considered “client abandonment”. When a client is experiencing a temporary financial crisis, the psychologist may temporarily waive or lower the fee, schedule fewer appointments, or suspend therapy for an agreed-upon period.

Answer B: An ethical psychologist needs to do what is in the best interest of the client and their treatment. Rushing treatment for any reason is unethical.

Answer C: A psychologist has the right to appropriately terminate therapy if the client is not able to pay for services in the agreed-upon manner. However, it is unethical to abruptly terminate therapy once the therapeutic relationship has been established. So the word “immediately” spoils this question. Additionally, because this client’s financial crisis is temporary, answer A is more in line with the ethics code.

Answer D: Although some forms of bartering would be an ethical solution to this temporary financial crisis, bookkeeping for the psychologist would be unethical. It would expose the client to inappropriate information (e.g. possibly protected health information about other clients, the psychologists business finances, etc.), which would be damaging to the therapeutic relationship, and thus unethical.

97
Q

Who of the following cannot both hold and claim privilege?
Select one:

A.
Guardian or conservator

B.
Client

C.
Psychologist

D.
Personal representative

A

The correct answer is C.

A psychologist can claim privilege on behalf of their client but they can never hold privilege.

Answer A: A client’s guardian or conservator can hold and claim privilege on behalf of the client.

Answer B: A client holds privilege for himself or herself and can also claim privilege on his or her own behalf.

Answer D: If a client is deceased, their personal representative holds privilege and can claim privilege on their behalf.

98
Q

Which of the following situations does not qualify as an exception to privilege?
Select one:

A.
Danger to self or others

B.
Client is a minor and the victim of a crime

C.
Breach of Duty

D.
Court appointed evaluations

A

The correct answer is B.

The word “minor” spoils this question. Minor means anyone under the age of 18. However, the law states that if a patient is under the age of 16 and the victim of a crime, disclosing any necessary information is in the best interest of the client.

Answer A: When a client is a danger to themselves or others and sharing information is necessary to prevent a perceived danger, the information can legally be released.

Answer C: Breach of duty occurs when a client sues a therapist. In this instance, the client has lost their right to uphold privilege because the therapeutic record or any information about their therapy is open to investigation.

Answer D: In court appointed evaluations, the court needs to know the results of the evaluation, thus privilege is waived in this instance.

99
Q

One of Dr. Smith’s patients struggles with hypochondriasis. She also struggles to pay for sessions on a consistent basis. Often, she has an outstanding balance of 5 or more sessions at a time. One day Dr. Smith receives a call from her client who is at a primary care appointment. She is requesting a copy of her records to be given to the doctor. What is the most ethical course of action for Dr. Smith to take?
Select one:

A.
Because this is not an emergency situation, the psychologist may refuse to provide the records until she pays the balance on her account.

B.
Further discuss why the client feels the need to share the record with her primary care doctor.

C.
Provide the entire record to the primary care doctor.

D.
Provide the necessary information from the record to the primary care doctor.

A

The correct answer is D.

The ethics code allows for the release of records even with outstanding balances due in the event of an emergency. However, HIPAA states that a psychologist cannot withhold records for non-payment for any reason. Because HIPAA is stricter, the best practice is to abide by HIPAAs guidelines and release the information. Whenever client information is shared with third parties, it is best practice to only release the necessary information as opposed to all the information.

Answer A: The ethics code states that records cannot be withheld for non-payment during an emergency, which implies that they can be withheld for non-payment if it is not an emergency situation. However, HIPAA has a stricter ruling and states that records cannot be withheld for non-payment for any reason. Because HIPAA is stricter, the ethical solution is to abide by HIPAA and release the records even though the client owes the psychologist money.

Answer B: Although this is a good clinical response, it does not address the legal and ethical question of when to withhold or release records.

Answer C: If answer D were not listed, answer C would be the next best option. A psychologist cannot withhold records for non-payment according to HIPAA, so the psychologist should release the information. However, it is best practice to only release the minimum necessary information to a third party, thus D is a better answer.

100
Q

A psychologist is employed by a law firm to see clients under the employee assistance program (EAP). The psychologist’s boss is particularly concerned about the mental health of one of his lawyers and requests information about how the lawyer is progressing in therapy. What information may the psychologist share with the boss?
Select one:

A.
Nothing may be shared without a signed release of information from the lawyer.

B.
If the lawyer’s mental health keeps him from performing essential job functions.

C.
If the lawyer has any limitations related to their job or need any accommodations to perform their job.

D.
If the lawyer’s mental health keeps him from performing essential job functions and if the lawyer has any limitations related to their job.

A

Your answer is incorrect.
The correct answer is A.
An EAP is a program that provides mental health services to their employees. A psychologist who works with an EAP is contracting with the company to provide therapy or assessments for their employees, much like when contracting with a health insurance company. In an EAP, the employer may have access to which employees are taking part in the EAP program but regular confidentiality rules apply for any clinical information about that employee. One exception to this is if an employee is referred through the EAP program for a “fitness of duty” evaluation.
Answer B: With an EAP, the employer may have access to which employees are taking part in the EAP program but under this scenario, regular confidentiality rules apply for any clinical information about the employee.
Answer C: With an EAP, the employer may have access to which employees are taking part in the EAP program but under this scenario, regular confidentiality rules apply for any clinical information about the employee.
Answer D: This answer would be correct only if the employee was being seen by the psychologist for a “fitness of duty” evaluation. The “fitness of duty” evaluation is a specific service that is performed under the larger umbrella of an employee assistance program (EAP). When an employer requests a “fitness of duty” evaluation on one of their employees, it means the employer is concerned that mental health issues are impeding the employee’s job performance. In this unique situation, the employer is allowed to know if the employee can perform their essential job functions, if there are any limitations related to the job due to mental health, and if the employee needs any accommodations. All other information is protected under confidentiality.