Practice Questions

Question 1

You are treating a client for depression. The client asks you if he could work off his balance of payment by helping you upgrade your electronic billing and documentation system. You recognize that this request might present a problem. The ethical principle that BEST describes the problem is:
A. Conflict of Interest
B. Maintaining Confidentiality
C. Conflicts between Ethics and Organizational Demands
D. Bartering

Answer 1

B. Maintaining Confidentiality

Rationale: If the client is upgrading your electronic billing an documentation system, he will have access to all of your pt records. Bartering would not present a problem if all roles and responsibilities were clearly defined from the get go. No conflict of interest as the client would not be negatively affected by this arrangement and you could still treat the client effectively. No conflicts between ethics and organizational demands as the ethical violation would be primarily HIPAA and the organization would not inherently have a conflict with Ethics (as would be the case in use of psychologists in torture).

Question 2

A Psychologist, Dr. Gray, had been treating a client, Linda Johnson, for anxiety and panic attacks. Ms. Johnson dropped out of treatment without explanation, even though Dr. Gray attempted to make contact with her. Recently, Ms. Johnson contacted Dr. Gray’s office requesting her records in preparation for a court custody case with her ex-husband. Which of the following MOST ACCURATELY describes Dr. Gray’s obligations according to Oregon law:
A. Provider her with a written summary
B. Refuse to allow Ms. Johnson to have a copy of her records, but agree to review them with her in a session
C. Provide Ms. Johnson with a copy of her records
D. Refuse to allow her to have a copy of her records, but agree to provide the records to her attorney

Answer 2

C. Provide Ms. Johnson with a copy of her records

Rationale: this question can be hard to track given the multiple names, diagnosis included and circumstances. Bottom line-if there will be no harm to the pt in giving them their records, it is our obligation to provide pts with their full records upon request.

References: page 23 Item 4 -records definition & pg 23 192.517 Access to records of individual w/ disability or individual with mental illness= in short, individuals, legal guardians, other legal representative of the individual, dead individual, individual whereabouts unknown shall have access to their records. When pts do not pay for services, Ethics Standard 6.03 States “Psychologists may not withhold records under their control that are requested and needed for a pt’s emergency treatment solely because payment has not been received. page 25 192.553 item b- “the individual has the right to access and review PHI of the individual
A summary would be given if there is harmful information in the record.

Question 3

Janice, a 12 year old girl, you’ve been seeing in therapy has been struggling with her parents’ divorce and holds resentments toward her father who is now living with the woman he cheated on her mother with. She does not want anything to do with her father. Mr. Smith, Janice’s father, who does not have custody of Janice and Janice’s mother has full and sole custody of her, contacts you as he would like to inspect Janice’s records to see if she is saying anything bad about him. The most ethical action you can take is:
A. Deny the father records as the information contained may harm Janice
B. Allow the father to inspect Janice’s records to the same extent as Janice’s mother would be allowed
C. Call Janice and both parents in for a family therapy session to discuss Janice’s progress in therapy
D. Provide the father a summary of Janice’s records that do not include session content or psychotherapy notes.

Answer 3

B. Allow the father to inspect Janice’s records to the same extent as Janice’s mother would be allowed

Rationale: Per 107.154 Authority of Parent When Other Parent Granted Sole Custody of Child, ORS 107.154-Unless otherwise ordered by the court, an order of sole custody to one parent shall not deprive the other parent of the following authority: item (3) To consult with any person who may provide care or treatment for the child and to inspect and receive the child’s medical, dental and psychological records, to the same extent as the custodial parent may consult with such person and inspect and receive such records

An ethical question of why the father would like to inspect the records may have popped up in your mind but that was meant to throw you off :). According to this rule, the reason why is not specified and Psychologists shall not deprive the other parent of inspect reasons. If there is a court order stating the father cannot see records or have authority, then you follow the court order.

Question 4

A Psychologist shall not deprive the other parent of the following authority, except:
A. To inspect and receive school records and to consult with school staff concerning the child’s welfare and education, to the same extent as the custodial parent may inspect and receive such records and consult with such staff
B. To inspect and receive governmental agency and law enforcement records concerning the child to the same extent as the custodial parent
C. The non-custodial parent is missing after getting a “do not contact” order from the court
D. To apply to be the child’s conservator, guardian ad litem or both

Answer 4

C. The non-custodial parent is missing after getting a “do not contact” order from the court

Rationale: (ref: pg 4 107.154) All are allowed by non-custodial parent, EXCEPT/UNLESS ordered by the court.

Question 5

“psychotherapy notes” refers to:
A. records containing only individually identifiable health information
B. notes recorded in any medium by a MH professional, in the performance of their official duties, documenting or analyzing the contents of conversation during a counseling session, maintained separately stored from other pt information
C. a written or oral communication that is not intended for further disclosure
D. created or received by a health care services provider and identifiable to an individual, including demographic information that identifies the individual, or for which there is a reasonable basis to believe the information can be used to identify an individual

Answer 5

B. “psychotherapy notes”- notes recorded in any medium by a MH professional, in the performance of the official duties of the MH professional, documenting or analyzing the contents of conversation during a counseling session, maintained separately stored from other pt information (REF: Inmate Records- ORS 179.495-179.509 -pg 17, (e))

Rationale: A. refers to “written account” - records containing only individually identifiable health information (pg. 18-h) C. refers to “confidential communication” - a written or oral communication that is not intended for further disclosure-found on page 2 under 40.264 Rule 507.1, certified advocate-victim privilege
D. refers to “Individually identifiable health information” (Inmate Records- ORS 179.495-179.509 pg 17)-created or received by a health care services provider and identifiable to an individual, including demographic information that identifies the individual, or for which there is a reasonable basis to believe the information can be used to identify an individual

Question 6

“Authorization” means and includes the following, except for:
A. a description of the information to be used or disclosed that identifies the information in a specific and meaningful way
B. the description of the authority of the personal representative, statements to place the individual on notice to revoke the authorization, exceptions to rights to revoke, authority to redisclose to others and no longer protected and the in/ability to condition treatment, payment, enrollment or eligibility for benefits depending on signature
C. the name (s) or specific identification, description of each purpose, an expiration date and the signature of the individual or their representative
D. care, services or supplies related to the health of an individual

Answer 6

D. care, services or supplies related to the health of an individual

This answer actually refers to “health care” definition (pg 25. (3)).

The others all fall into the description of “Authorization” located on pg. 25.

Question 7

You want to consult on a difficult case with another provider in your psychological group practice. What needs to take place before, you can ethically consult:
A. obtain consent from your pt
B. nothing, you are not disclosing any PHI
C. nothing, even though you are disclosing PHI, all providers in your group are technically part of this pt’s treatment team so it’s ok to speak freely
D. Discuss your desire to consult with your pt as you want to respect the dignity and rights of your pt but you do not have to obtain consent

Answer 7

B. nothing, you are not disclosing any PHI

Rationale: Standard 4: Privacy and Confidentiality (Pg. 67) Per 4.06 Consultations: When consulting with colleagues:
1) Psychologists do not disclose confidential information that could reasonably lead to the pt’s I.D., research participant or other person or org with whom they have a confidential relationship unless prior consent was obtained or the disclosure cannot be avoided
……..AND………
2) they disclose information only to the extent necessary to achieve the purposes of the consultation

Question 8

When psychologists conduct research or provide assessment, therapy, counseling, or consulting services in person or via electronic transmission or other forms of communication, they obtain consent of the individual or individuals:
A. using language that is reasonably understandable to that person or persons
B. assent but do not need to provide an explanation to those who legally cannot give consent
C. using language that is reasonably understandable to all adults with consistent language
D. Legal guardian or representative, only when court ordered to do so

Answer 8

A. language that is reasonably understandable to that person or persons

Rationale:
See pg 66 - 3.10 Informed Consent (under Standard 3: Human Relations)

Question 9

Researchers may use deception in research if:

A. psychologists may never use deception in research
B. only if the researchers have determined that the use of deceptive techniques is justified by the study’s significant prospective scientific, educational, or applied value and that effective nondeceptive alternative procedures are not feasible
C. only about research that is reasonably expected to cause physical pain or severe emotional distress
D. only when researchers believe that participants will withdraw their participation from the study

Answer 9

B. only if the researchers have determined that the use of deceptive techniques is justified by the study’s significant prospective scientific, educational, or applied value and that effective nondeceptive alternative procedures are not feasible

Rationale: 8.07 Deception in Research pg 72
A. Psychologist try to not use deception but sometimes it is necessary to do so with limits
C. (b on pg 72) Psychologists do NOT deceive prospective participants about research that is reasonably expected to cause physical pain or severe emotional distress
D. Psychologist must explain any deception that is key to the research as early as feasible, preferably at the conclusion of their participation, but no later than at the conclusion fo the data collection and permit participants to withdraw their data.

Question 10

You discover that a colleague in your organization, who is also a friend, has been “very close” with one of your trainees. Your friend does not supervise this person however you suspect that the relationship might be inappropriate. When your supervisee tells you that they “just kissed once,” what is your best course of action:

A. Remind your trainee that your friend’s behavior is not appropriate and to end the relationship immediately
B. Talk to your friend, as you want to approach them first before reporting them to the board.
C. This constitutes a multiple relationship and your friend and trainee need to know that an ethics violation has occurred
D. This is an exploitative relationship. Although your friend is not directly your trainee’s supervisor, they still have power over them and could influence their performance evaluations directly or indirectly. This shall be discussed with your friend first informing them that you will be submitting an ethical complaint to the board

Answer 10

Correct Answer: B. Addressing potential ethical conflicts with the person first is the way to resolve these issues. Standard 1.04 Information Resolution of Ethical Violations. However, if your supervisee is substantially harmed or is likely to substantially harm a person or organization and is not appropriate for informal resolution under Standard 1.04 or is not resolved properly in that fashion, psychologists take further action appropriate to the situation: referral to state or national committees no prof ethics, to state licensing boards or the appropriate institutional authorities. Does not apply when it would violate confidentiality rights or when psychologists have been retained to review the work of another psychologist whose professional conduct is in question. (1.05 Reporting Ethical Violations)

Rationale: A. Your trainee is not your pt but you are still obligated to protect them from exploitative relationships. It is up to your friend to end the relationship, not your supervisee.
C. Yes, while this is a multiple relationship, it is also exploitative which is the higher ethical standard in this situation
D. This is an exploitative relationship. Although your friend is not directly your trainee’s supervisor, they still have power over them and could influence their performance evaluations directly or indirectly. This shall be discussed with your friend first informing them that you will be submitting an ethical complaint to the board (pg. 65- 3.08 Exploitative Relationships)

Question 11

You get a call from a wheelchair bound pt who needs to be treated for depression. You don't like working with individuals in wheelchairs because your office is small and you like to use more physically oriented interventions with your pts. You tell this pt that you can only see them once per month, even though you have already decided that it is clinically indicated for this person to be seen weekly. What ethical principle does this violate:
A. unfair discrimination
B. boundaries of competence
C. justice
D. avoid harm

Answer 11

A. unfair discrimination (pg. 64 Standard 3.01)- in their work-related activities, psychologists do not engage in unfair discrimination based on age, gender, gender identity, race, ethnicity, culture, national origin, religion, sexual orientation, DISABILITY, socioeconomic status, or any basis proscribed by law

Rationale: B. boundaries of competence (pg. 63- Standard 2.01)- (a) relates to provide services, teach, and conduct research with populations and in areas only within the boundaries of their competence, based on their education, training, supervised experience, consultation, study or professional experience. (b)If a psychologist needs to understand certain diversity factors to be essential to do their job, they can get training, supervision, consultation to gain competence or refer out. (c)Psychologists planning to provide services, teach or conduct research with populations, techniques, or tech new to them they need to get education, training, study or sup’d experience. (d) When psychologists are asked to provide services they have not been formally trained in and the appropriate MH services are not available, P’s with closely related experience/training may provide services to ensure services are not denied if they make a reasonable effort to gain competence (e)emerging areas where sufficient training do not exist yet
C & D are ethical principles not ethical standards

Question 12

You are expecting a child and know that you will be taking extended parental leave. According to the ethical standard, your best course of action is to:
A. wait until the time gets closer to your leave to make arrangements since you do not want to cause your patients anxiety about you leaving
B. do nothing, your organization is responsible for your pts and they will make appropriate arrangements
C. make reasonable efforts to plan for facilitating services to not have to interrupt services
D. end the contract with your pt early so that you don’t need to make any follow up arrangements

Answer 12

C. make reasonable efforts to plan for facilitating services to not have to interrupt services

Rationale: See pg 66- 3.12 Interruption of Psychological Services- Unless otherwise covered by contract, psychologists make reasonable efforts to plan for facilitating services in the event that psychological services are interrupted by factors such as the psychologist’s illness, death, unavailability, relocation, or retirement or by the pt’s relocation or financial limitations

Question 13

A pt you have been seeing in treatment for 6 months states they lost their job due to COVID 19 and report “I’m feeling worse than ever right now and can’t afford to pay for therapy.” They still have 6 months left on their contract with you. What is the recommended course of action to take:
A. make reasonable efforts to plan for facilitating services in the case that this occurs
B. terminate therapy and let them know they can continue when they have the money to pay
C. refer them to a non-profit organization who can provide services in the meantime
D. everyone is suffering right now, have them pay for these sessions later

Answer 13

A. make reasonable efforts to plan for facilitating services in the case that this occurs

Rationale: See pg 66- 3.12 Interruption of Psychological Services- Unless otherwise covered by contract, psychologists make reasonable efforts to plan for facilitating services in the event that psychological services are interrupted by factors such as the psychologist’s illness, death, unavailability, relocation, or retirement or by the pt’s relocation or financial limitations

Question 14

In-person solicitation:
A. is not allowed, even in emergencies or community outreach
B. is only allowed for consultants and researchers
C. psychologists do not engage, directly or through agents, in uninvited in-person solicitation of business from actual or potential therapy pts or other vulnerable individuals
D. is permissible, if the individuals are in your community and you speak their language and understand their culture

Answer 14

C. psychologists do not engage, directly or through agents, in uninvited in-person solicitation of business from actual or potential therapy pts or other vulnerable individuals (pg. 68 & 69- 5.06 In-Person Solicitation -Standard 5: Advertising and Other Public Statements)

Question 15

You are a Clinical Psychologist who is a generalist. You are asked to speak about the Neuropsychological affects of Traumatic Brain Injuries on your local news channel. This will bring you an increase in business, you attended a lecture on this topic at a conference and the Neuropsychologist available could not make it to speak, so you are asked to speak instead. What ethical issue may this present:
A. Standard 5.05 Testimonials
B. Standard 5.01 Avoidance of False or Deceptive Statements
C. Standard 5.04 Media Presentations
D. Standard 5.02 Statements by Others

Answer 15

See pg. 68 for standards

Question 16

You are asked to appear on the evening news to speak about psychological affects from COVID 19. they agreed to pay you triple your hourly fee as compensation. What ethical or legal issues do you need to concern yourself with before agreeing:
A. psychologists cannot get paid for media appearances
B. there are no issues to be concerned with
C. psychologists shall make clear their role, professional knowledge, training and experience prior to appearing on media
D. psychologists need to ensure that they will be paid ahead of time

Answer 16

C. psychologists shall make clear their role, professional knowledge, training and experience prior to appearing on media (Standard 5: Advertising and Other Public Statements-pg 68 - Avoidance of false or deceptive statements (b) Psychologists do not make false, deceptive or fraudulent statements concerning 1) their training, experience, or competence 2) their academic degrees 3)their credentials 4) their institutional or association affiliations 5) their services 6) the scientific or clinical basis for, or results or degree of success of, their services 7) their fees 8) their publications or research findings

Rationale: A. Psychologist CAN get paid for media but they cannot under pay the media for ads- 5.02 (pg68) (b) Psychologists do not compensate employees of press, radio, television, or other communication media in return for publicity in a news item
B. psychologists always need to be aware and avoid false or deceptive statements made by themselves or others
D. There is no data as to when the psychologist is to be paid

Question 17

The requirements to become a licensed Psychologists are the following, except:
A. Holds a a doctoral degree in psychology from an approved doctoral program in psychology
B. Has had 1 year of supervised employment in the field of psychology
C. is of good moral character
D. has completed courses and training required by the board

Answer 17

Correct answer is B:
B. Has had 1 year of supervised employment in the field of psychology (pg 2- 675.030= Licensing of psychologists after examination; requirements; fee; resident designation; rules)- the question asked for the EXCEPTION therefore this is the correct answer as the board requires TWO (2) years of supervised employment in the field of psychology
The other items are all requirements of the board

Question 18

If you take a do not pass the Oregon Jurisprudence exam the first time, you may:
A. not take it again, you may only take the exam once
B. take the exam again but by special request
C. May look at their incorrect answers and make copies of those questions and answers to study
D. take the exam again but if fails the second time, will need to submit a special request to take the exam a third time with a study program

Answer 18

D. take the exam again but if fails the second time, will need to submit a special request to take the exam a third time with a study program Examinations for licensing, pg 2)

Rationale:
A. you can take it up to 3 times, you may not take it after failing the 3rd time
B. you only need to make the special request after failing the second time
C. You may only look at your incorrect answers in person and must make arrangements with the board to do so

Question 19

Any applicant who fails a board administered exam shall be:
A. allowed to petition the board to reconsider the results of the entire examination or the results of a particular tested area
B. Reexamined only in the tested areas in which the applicant did not receive a passing grade
C. Shall sign a confidentiality agreement prior to reviewing their exam
D. May be able to take the OJE as many times until they reach a passing grade

Answer 19

D. May be able to take the OJE as many times until they reach a passing grade (pg 2*3 examinations for licensing and examinations administered by the board; rules) state you may take it 3 times and then they can deny your application to be licensed in Oregon.

Additionally: the board must provide you a score in each area tested, you can be reexamined in only those areas if requested and the 3rd time you take it, you must submit a study plan and special request. Every time you take the exam you need to submit a request to take the exam and pay the fees.

Question 20

Limited permit to practice as a psychologist, include:

A. licensed in another state, requirements determined by the board to be equivalent, pay fees and can practice up to 90 calendar days within a 24 month period
B. licensed in another state, requirements determined by the board to be equivalent, pay fees and can practice up to 180 calendar days within a 24 month period
C. licensed in another state, requirements determined by the board to be equivalent, pay fees and can practice up to 90 business days within a 24 month period
D. licensed in another state, requirements determined by the board to be equivalent, pay fees and can practice up to 180 business days within a 24 month period

Answer 20

B. licensed in another state, requirements determined by the board to be equivalent, pay fees and can practice up to 180 calendar days within a 24 month period

key words: calendar days and remember 6 months within 2 years
(675.063- pg. 3)

Question 21

A Psychologist associate licensing procedure includes the following, except:

A. applicants with good moral character. have complied with all the applicable provisions, have petitioned the board to grant the authority to function without immediate supervision
B. has received a master’s degree in psychology from a psychology program approved by the board by rule and has completed an internship in an approved educational institution for 1 year of other training experience acceptable to the board, such as SPE under the direction of a psychologist licensed in OR , or under the direction of a person considered by the board to have equivalent supervisory competence
C. furnishes proof acceptable to the boar of at least 36 months, exclusive of internship, of full-time experience satisfactory to the board under direct supervision of a licensed psychologist in OR, or under the direct supervision of a person considered by the board to have equivalent supervisory competence
D. The fee is paid to the board for a license and the associate may only conduct limited functions such as therapy and counseling but not testing, personality assessments and educational or vocational testing

Answer 21

D. The fee is paid to the board for a license and the associate may only conduct limited functions such as therapy and counseling but not testing, personality assessments and educational or vocational testing (pg. 3-4 675.065- psychologist associate licensing procedure)

Rationale: (2) is correct in the first part of the answer “the applicant shall pay to the board the application fee for a license” but they can fully function as a psychologist in many areas under a PERIODIC DIRECT SUPERVISION OF A PSYCHOLOGIST LICENSED by the board. Suchh functions may include BUT ARE NOT RESTRICTED TO: administering tests of mental abilities, conducting personality assessments and counseling, including educational and vocational planning

Question 22

Authorized sanctions, penalties and grounds for imposing sanctions, include the following except:

A. Deny an initial license, renewal, suspend a license for at least one year, revoke a license and/or issue a letter of reprimand
B. Impose probation with authority to restrict the scope of practice of a psychologist or associate or require practice under supervision
C. Impose a penalty of $5.000 or $20.000 depending on the harm it has caused
D. The board may license an applicant or renew or restore a license suspended or revoked due to a mental health condition if the board determines that the applicant or former licensed psychologist associate no longer has an impairment due to a mental health condition

Answer 22

C. Impose a penalty of $5.000 or $20.000 depending on the harm it has caused (675.070 authorized sanctions; grounds for imposing sanctions; civil penalty pgs 4-5)

Rationale: the correct amounts are $5000 and $10000 depending on the severity of the harm done “serious detrimental effect on health or safety of another person”, repeat offender, willful or reckless disregard of the law, perpetrated against a minor or elderly person or a person with a disability or misrepresentation as a psychologist without having a psych license.

Question 23

A psychologist is accused of having sex with their patient and as a result the pt has attempted suicide several times. The pt decides to file a complaint against the psychologist to the board. What can the board do the the said psychologist:
A. Revoke, suspend or limit the psychologists license and fine them $10,000 as the harm done caused serious detrimental effect on the health and safety of the pt.
B. Hospitalize the pt and only ask the pt if they want to still complete their complaint once they are medicated and not suicidal
C. Require the psychologist to take ethics training courses and to be supervised by a licensed psychologist for no less than 36 months
D. Fine the psychologist $5,000 and require them to write an apology letter, pay for therapy for the pt and appear for a hearing before the board

Answer 23

A. Revoke, suspend or limit the psychologists license and fine them $10,000 as the harm done caused serious detrimental effect on the health and safety of the pt.
(675.070 pg 5- authorized sanctions; grounds for imposing sanctions; civil penalty)

Question 24

The following are violations that can result in the revocation, suspension, denial or limitation of a psychologist license, except:
A. practiced or attempted to practice medicine without being licensed to do so
B. impersonated a licensed psychologist or psychologist associate or has allowed another person to use the license of a psychologist
C. has had sex with a former pt, 26 months after terminating therapy and the circumstances were most unusual
D. obtained a fee or payment from a pt or third party payer though fraud or intentional misrepresentation

Answer 24

C. has had sex with a former pt, 18 months after terminating therapy and the circumstances were most unusual (pg. 77- Standard 10.08) a) psychologists do not engage in sexual intimancies with former pts for AT LEAST 2 YEARS AFTER the cessation or termination of therapy b) psychologists do not engage in sexual intimacies with former pts even after a 2 year interval EXCEPT IN THE MOST UNUSUAL OF CIRCUMSTANCES. Ps who engage in such activity after 2 years following cessation or termination of therapy and of having no sexual contact with the former pt bear the burden of demonstrating that there has been no exploitation, in light of all relevant factors, including: 1) the amount of time that has passed since therapy terminated 2) the nature, duration, and intensity of the therapy 3) the circumstances of the termination 4) the pt’s personal history 5)the pts current mental status 6) the likelihood of adverse impact ont he pt and 7)any statements or actions made by the therapist during the course of therapy suggesting or inviting the possibility of a post termination sexual or romantic relationship with the pt

Question 25

Licensees must earn at least \_\_\_ continuing education credits during the period between license renewals: 
A. 50
B. 40
C. 20
D. 30

Answer 25

B. 40 (pg. 50 Continuing Education)

Question 26

For new licensees, the requirements include all, except for:
A. continuing education reporting for the individuals licensed 12 months or less on their first renewal date
B. 1 hour must be in pain management by the OR Pain Mgmt Commission, reported within the first 24 months of the first renewal notice and affidavit
C. active and semi-active must complete 4 hours of CE dedicated to the topic of cultural competency
D. Inactive licensees must still complete the total number of CE’s regardless of their status

Answer 26

D. Inactive licensees must still complete the total number of CE’s regardless of their status
(pg. 50- Basic Requirements of CEs)- (7) no continuing education reporting is required for inactive licensees

Question 27

Renewal fees= the license renewal fee for an active psychologist and psychological associate shall be calculated on an annual amount of \_\_\_\_ and paid on a biennial amount of \_\_\_\_\_\_\_.
A.$195; $390
B. $52.50; $105
C. $390; $780
D. $120; $210

Answer 27

C. $390; $780

A. refers to semi-active psychologist and psychologist associates
B. refers to inactive psychologists and psychologists associates
D. $120 refers to limited permit and $210 refers to a delinquency fee for licenses renewed within 30 days after the stated due date

Question 28

The cost of the Jurisprudence exam the first time you take it is \_\_\_\_ and \_\_\_\_ for each additional time if needed.
A. $155; $155
B. $155; $75
C. $255; $155
D. $135; $390

Answer 28

A. $155; $155 you pay the same amount each time you take the OJE. Hopefully, you only have to take it once and pay once.

Question 29

There is no privilege under Rule 504, except:
A. if the judge orders an exam of the mental, physical or emotional condition of the pt
B. communications relevant to an issue of the mental claim or defense
C. after the pts death in any proceeding in which any party relies upon the condition as an element of the party’s claim or defense
D. the person has committed a crime

Answer 29

D. the person has committed a crime
Rationale: pg 2. 40.252 rule 504 and 504-5
A, B and C are all exceptions to privilege in terms of rule 504
D. is incorrect due to: it is rule 504-5 and it the correct application of the rule is regarding someone with intent to commit a crime in the future. In this case, there is no privilege (a) in the professional judgement of the person receiving the communications, the communications reveal that the declarant has a clear and serious intent at the time the communications are made to subsequently commit a crime involving physical injury, a threat to the physical safety of any person, sexual abuse or death or involving physical injury, a threat to the physical safety of any person, sexual abuse or death in or involving an act described in ORS 167.322
(b) in the professional judgement of the person receiving the communications, the declarant poses a danger of committing the crime; and
(c) the person receiving the communications makes a report to another person based on the communications

Question 30

An angry pt comes into session stating “I’m going to kill Mike!” and you believe he has serious intent to do so. When you ask who that is, he explains that Mike is the guy his partner had cheated on with and he suspects they continue to have an affair. Knowing this information, it is your obligation as a Psychologist to:

A. Call law enforcement
B. Apply Tarasoff and tell the partner of the real intent to kill Mike
C. Maintain the communication as a privileged communication and reporting it or disclosing will violent confidentiality
D. Apply Tarasoff and warn Mike as you have a duty to warn and protect him

Answer 30

According to Rule 504-5:
Rationale:
IN THE PROFESSIONAL JUDGMENT OF THE PERSON RECEIVING THE COMMUNICATION:
1. the person has to communicate clear and serious intent to commit a crime that will cause physical injury, threat to physical safety of any person, sexual abuse or death.
2. the declarant poses a danger of committing the crime and;
3. makes a report to another PERSON based on the communications
* the provisions: there is NO DUTY to report any communication to any person and a person who discloses or fails to disclose a communication of this type, IS NOT LIABLE to any other person in a civil action for any damage or injury arising out of the disclosure or failure to disclose.
Bottom line- you may or may not disclose the communications to the other person, either way you will not be held liable.

Question 31

Immunity to provide care for a minor, include:
A. stepparents, grandparents and aunts/uncles over the age 18
B. married, unmarried or separated at the time of consent or treatment
C. the consenting parent is not the custodial parent of the child and parental rights have been terminated
D. siblings who primarily care for the patient

Answer 31

B. married, unmarried or separated at the time of consent or treatment (pg. 5- 109.672 certain persons immune from liability for providing care to minor under rights of minors)

Rationale: only these other individuals may give consent in an EMERGENCY and in fact, no consent is required in an emergency at all. The non-custodial parent has the same rights as the custodial parent only if their rights are still intact and no judge ordered differently

Question 32

Michelle is 14 years old and is coming to you for treatment. She does not want her parents to know that she is in treatment because she doesn’t want to reveal to them that she has been using drugs and has been sexually active. Your BEST course of action is to:
A. contact the parents and obtain consent and obtain assent from Michelle
B. treat and diagnose Michelle but contact her parents before the end of treatment (unless the parents refuse or unless it is clinically contraindicated)
C. you must contact them because she is using drugs and may need to be treated for an addiction
D. Refuse to treat Michelle as she ran away from home 4 months ago, has been self-sustaining and her parents do not know where she is

Answer 32

B. treat and diagnose Michelle but contact her parents before the end of treatment (unless the parents refuse or unless it is clinically contraindicated) (pg. 5- 109.675- right to diagnose or treatment for mental or emotional disorder or chemical dependency without parental consent)
You don’t have to contact the parents if the 14 year old was emancipated by self-sustaining for at least 90 days prior to treatment; if she has been sexually abused by a parent; or if it’s not clinically indicated to contact them as it may harm her.
Also; the parents do not have to pay the fee, document all communications with parents, must tell parents if the child is detoxing from requiring methadone maintenance by a physician

Question 33

Bobby is a 16 year old, straight A student, who has friends and is involved in social activities in school. He is coming into treatment for “hearing voices sometimes.” He asks you not to disclose any of this to his parents as “they have high expectations of me and I don’t want to disappoint them.” You will be liable for a confidentiality violation if you tell his parents without his consent if:
A. his condition worsens and you determine he needs inpatient care due to intent to complete suicide
B. he has been sexually abused by his parent
C. he is an emancipated minor
D. he is using hallucinogens and warn the parents that his friends are not a good influence

Answer 33

D. he is using hallucinogens and warn the parents that his friends are not a good influence

ABC are all exceptions to involving parents in therapy. ABC are all conditions in which you maintain confidentiality for minors.
Ref: pg. 5 Rights of Minors 109.680 and 109.675)

Question 34

Anthony is a 26 year old male, who has been admitted into a residential program. They call to consult with you about his treatment. You may:
A. consult after you have received a release of information from Anthony himself
B. use the consent he signed for their facility as sufficient consent
C. use the consent he signed for their facility, plus his verbal consent as sufficient
D. do not speak to them or acknowledge that you know him , it’s too late, you should have gotten consent ROI ahead of time

Answer 34

A. consult after you have received a release of information from Anthony himself