Sample Questions: Deck 1 Flashcards

1
Q

During his third therapy session, a client tells you that he got into an argument with another customer at a local bar two evenings ago and ended up giving the man “a good beating.” The client is an amateur boxer, and he feels very guilty about his behavior and knows what he did was wrong. Your initial action in this situation should be to:

A. Make a report to the appropriate authorities.

B. Involuntarily hospitalize the client.

C. Assess the client’s risk for future violent behavior.

D. Discuss alternate ways for dealing with conflict with the client.

A

C.

You are not required to report this incident to the police (answer A); hospitalization does not seem necessary since the young man is currently acting rationally (answer B); and, while discussing alternative methods for dealing with conflict might be appropriate (answer D), it would be more appropriate to assess the client’s risk for future violence before deciding on a course of action.

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2
Q

California Business and Professions Code Section 2936 requires psychologists to post which of the following in a conspicuous location in their place of business?

A. License.

B. License and diploma.

C. Notice regarding questions and complaints.

D. Notice regarding privacy policy.

A

C.

CCR Section 1380.6 requires license psychologists to include their license number in any advertising, public directory, or solicitation (answer A), and HIPAA’s Privacy Rule requires psychologists to provide clients with a written Notice of Privacy Practices (NPP) on or before the onset of treatment and to post the NPP in a prominent place (answer D). In addition, the Business and Professions Code (which this question is asking about) requires psychologists to post the following notice in a conspicuous location in their place of business: “NOTICE TO CONSUMERS: The Department of Consumer Affair’s Board of Psychology receives and responds to questions and complaints regarding the practice of psychology….”

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3
Q

You have been seeing Mr. Smythe in individual therapy for several months, and the issues he originally sought therapy for are nearly resolved. During a session, he mentions that his 13-year-old son has been getting into trouble at school lately and asks if you would be willing to see his son in individual therapy. You should:

A. Agree to see his son in therapy.

B. Agree to see the son in therapy only after discussing issues related to confidentiality with Mr. Smythe and his son.

C. Agree to see the son in therapy only if you determine that the son’s problems are unrelated to Mr. Smythe’s therapy issues.

D. Tell Mr. Smythe you cannot see his son in therapy and provide him with several referrals for his son.

A

D.

In most circumstances, you would avoid seeing the family members of a client you are seeing in individual therapy since doing so would constitute a multiple relationship. No information is given in this question or the answers that suggests this situation constitutes an exception to this general rule.

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4
Q

Joanne, age 68, is a new client. In your first session with her, she reveals that she abused her 87-year-old mother two years ago. She tells you that her previous therapist reported the abuse to Adult Protective Services, so you don’t have to report the abuse. What do you do?

A. Report to Adult Protective Services.

B. Maintain Confidentiality.

C. Call the previous therapist to be sure that the abuse was reported.

D. Don’t need to report because the abuse was already reported.

A

A.

When you have been told of Elder Abuse while in your official capacity as a psychologist, you must report that abuse even if it has been previously reported. Two mandated reporters are allowed to collaborate on a report of child abuse, but that’s not relevant to this situation since the reports would take place two years apart. Checkiing with the previous therapist would validate your client’s account of the previous report, but it would not change your responsibility to report the abuse.

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5
Q

Dr. Ambrose Alvarez has been licensed as a psychologist in Canada for 10 years and has applied for licensure in CA. He may provide psychological services in CA for a period not to exceed ______ calendar days from the time he submitted his application or from the beginning of his residence in CA, whichever occurred first.

A. 45.

B. 90.

C. 120.

D. 180.

A

D.

This situation is addressed in B&PC Section 2946; it states “A pscychologist certified or licensed in another state or province and who has made application to the board for a license in this state may perform activities and services of a psychological nature without a valid license for a period not to exceed 180 calendar days from the time of submitting his or her application or from the commencement of residency in this state, whichever first occurs.”

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6
Q

Which of the following does NOT represent a legal exception to the psychotherapist-patient privilege?

A. The psychotherapist is appointed by the court to evaluate the defendant at the request of the defendant’s attorney so that the attorney can determine the appropriateness of the insanity plea.

B. The services of the psychotherapits were sought by the patient in order to escape detection after committing a crime.

C. The psychotherapist has been asked by the relative of a patient to evaluate the patient for the purpose of determining the Patient’s competence.

D. The patient is suing the psychotherapist for malpractice.

A

A.

Privilege is not waived when a psychotherapist has been appointed by the court to evaluate a defendant at the request of the defendant’s attorney to determine the appropriateness of an insanity defense or a defense based on the defendant’s emotional state.

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7
Q

As a result of its investigation of a complaint filed against Dr. Nedham by a former client, the BOP has found him guilty of unprofessional conduct and placed him on probation for 5 years. As part of his probation, Dr. Nedham’s practice will be monitored. In this situation, Dr. Nedham:

A. Does not have to inform any of his clients about his probationary status.

B. Does not have to inform any of his clients about his probationary status unless he determines that it is necessary to do so to protect a client’s welfare.

C. Must inform a client about his probationary status only when the client inquires about his status with the BOP.

D. Must inform clients about any aspect of probation that will impact therapy or the confidentiality of their therapeutic records.

A

D.

The issue is addressed in the BOP’s Disciplinary Guidelines. It states that, when probation includes practice and/or billing monitoring, the psychologist “shall notify all current and potential patients of any term or condition of probation that will affect their therapy or the confidentiality of their records. Such notifications shall be signed by each patient prior to continuing or commencing treatment” (2007, p. 13).

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8
Q

A psychologist is considering a client’s offer to clean his office in exchange for the fee. The client has a cleaning service and says that times are hard and it would be a good arrangement for him. The client feels that the psychologist should see him more often in exchange for the cleaning services. The psychologist feels that this could be overpayment. Should the psychologist continue to negotiate the fee in trade?

A. The psychologist should consider the issue of exploitation of the client before making an arrangement for the fee.

B. The psychologist should not enter into a bartering arrangement with this client under any circumstances.

C. The psychologist should consider whether additional sessions will help the client.

D. The Ethics Code Prohibits bartering services.

A

A.

This client seems to feel that the service that he is providing is worth more than his usual session - he feels that additional sessions should be provided in exchange for cleaning the office. This is an indication that the client could potentially feel exploited by a bartering relationship if he feels that his service is undervalued. The psychologist should be aware that there may not be a way to make a bartering arrangement that both parties feel is equitable and that this could impact the effectiveness of treatment.

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9
Q

You are treating Frank and Jessica who are newlyweds. You have been seeing the couple for four weeks because their marriage is already beginning to unravel. Frank is in the midst of a civil suit that he has brought against the city of San Diego. He would like you to testify in the trial and has signed an appropriate consent. Jessica, however, has refused to sign a consent because she does not want you to disclose anything that was said during their marital therapy. Which of the following is true?

A. There are no restrictions if you testify about Frank and Jessica’s therapy, as long as one of them consents.

B. You should attempt to testify about details that specifically relate to Frank.

C. You should not testify unless you are qualified to serve as an expert witness.

D. If you are asked to testify about their marital therapy, you should obtain both of their consents.

A

D.

The relevant issues are that both clients hold the privilege in this situation, and that waiver of the privilege by one of the clients does not affect the right of the other client to claim the privilege, even when it relates to the same confidential information. If you are treating a couple in marital therapy, you should obtain both of their consents before you disclose any information.

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10
Q

Section 5150 of the WIC allows an individual to be involuntarily hospitalized for up to ____ without notifying him/her of his right to a certification review hearing.

A. 12 days.

B. 7 days.

C. 72 hours.

D. 24 hours.

A

C.

WIC Section 5150 states that, “when any person, as a result of a mental disorder, is a danger to others, or to himself or herself, or gravely disabled, a peace officer, a member of the attending staff of an evaluation facility or designated by the county, designated members of a mobile crisis team, or other professional person designated by a county, may upon probable cause, take, or cause to taken, the person into custody and place him or her in a facility for 72-hour treatment and evaluation.” Note that a certification review hearing is not required until the individual has been certified for an additional 14-day hold after the initial 72-hour hold.

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11
Q

During the initial 72-hour involuntary commitment, it is determined that Luis L. is still at high risk for suicide. According to the CA WIC, Luis may be detained for an additional 14 days for treatment under certain conditions. One of these conditions is that Luis be informed that he is entitled to a certification review hearing within the first _______________ of the 14-day hold.

A. 24 hours.

B. 48 hours.

C. 4 days.

D. 6 days.

A

C.

Legal requirements for detaining an individual beyond the initial 72-hour hold are described in Sections 5250 to 5259.3 of the WIC. Section 5250 states that, after a 72-hour hold, an individual may be held for an additional 14 days if it is determined that he/she is still a danger to self or others or is gravely disabled. However, Section 5254 also requires that the individual be notified that he/she “is entitled to a certification review hearing, to be held within four days of the date on which the person is certified for a period of intensive treatment.”

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12
Q

A 31-year-old woman, Inga, comes to therapy because her family and friends are concerned about her recent behavior. Inga has remarried and has three stepchildren whom she complains are causing her problems. Some days she gets so frustrated that she will not get out of bed and she has lost her appetite. She says, “I feel like they are always against me.” She has given you no indication that she is suicidal or is a danger to her family. You should:

A. Contact her husband.

B. Call the police.

C. Refer her to a psychiatrist.

D. Initiate a 5150.

A

C.

Through the process of elimination, this would be the best option. This patient is clearly distressed and possibly paranoid; it’s not clear, however, what level of intervention is required. Re: Answer A - there is insufficient information to indicate the need for any breach of confidentiality. Re: Answer B - It would not be appropriate to contact the police. Re: Answer D - Involuntary hospitalization should be a last resort option, and there is insufficient information in this question to indicate the need for a 5150.

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13
Q

A couple who recently moved to the U.S. from Italy brings their 6-year-old child for assessment for a possible developmental disability. The child speaks very little English but his parents speak both Italian and English. You are unable to find an interpreter for the child. You should:

A. Do the assessment with one or both parents acting as the interpreter.

B. Do the assessment using only non-standardized tests that do not depend on language.

C. Do the assessment but explain the limitations of the results in your report.

D. Refuse to do the assessment.

A

D.

In this situation, you are not qualified to conduct the assessment since you cannot communicate directly with the child and are unable to find an interpreter. Several APA guidelines apply to this situation. For example, the APA’s Guidelines for Providers of Psychological Services to Ethnic, Linguistic, and Culturally Diverse Populations states that, when the linguistic skills of the psychologist do not match those of the client, the psychologist obtains an appropriate translator or refers the client to another professional. The Guidelines also state that, when translation is necessary (which it would be in this situation), psychologists do not retain the services of a translator who has a dual role with the client in order to avoid jeopardizing the validity of the assessment.

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14
Q

CA law provides an exception to the requirement that psychologists report suspected cases of elder abuse. Which of the following is NOT a condition for this exception?

A. The client is the subject of a court-ordered conservatorship because of a mental illness.

B. The psychologist is unaware of any independent evidence that supports the client’s claim of abuse.

C. Based on his/her clinical judgment, the psychologist does not believe that abuse has occurred.

D. The client or other person has informed the psychologist that a report has already been filed with the appropriate authorities.

A

D.

WIC Section 15630(b)(3)(A) states that a psychotherapist is not required to file a report of elder or dependent adult abuse when all of the following conditions are met: “(i) The…[psychotherapist] has been told by an elder or dependent adult that he or she has experienced behavior constituting physical abuse…, abandonment, abduction, isolation, financial abuse, or neglect. (ii) The…[psychotherapist] is not aware of any independent evidence that corroborates the statement that the abuse has occurred. (iii) The elder or dependent adult has been diagnosed with a mental illness or dementia, or is the subject of a court-ordered conservatorship because of a mental illness or dementia. (iv) In the exercise of clinical judgment, …[the psychotherapist] reasonably believes that the abuse did not occur.”

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15
Q

CA law permits board certified psychiatrists to act as primary supervisors of their own registered psychological assistants but only for a maximum of _________ hours of the 3,000 required hours of an assistant’s supervised professional experience.

A. 500

B. 750

C. 1,050

D. 1,500

A

B.

B is correct. The qualifications and responsibilities of primary supervisors are specified in CCR Section 1387.1. It states that “all primary supervisors shall be licensed psychologists, except that board certified psychiatrists may be primary supervisors of their own registered psychological assistants. In this regard, a maximum of 750 hours of experience out of the required 3000, can be supervised by a board certified psychiatrist and can be counted toward meeting the SPE licensing requirements.”

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16
Q

A psychologist is scheduled to perform an assessment of a 50-year-old Chinese married woman with two children. The client speaks only limited English, so one of the children has volunteered to translate for the psychologist. Which of the following is true?

A. The psychologist should allow the child to translate for the psychologist if the child is an adult.

B. The psychologist should allow the child to translate for the psychologist if the child is proficient in English and Chinese.

C. The psychologist should allow the child to translate for the psychologist if the mother willingly consents to the arrangement.

D. The psychologist should not allow the child to translate for the mother.

A

D.

(Ethical Standard 2.05): “Psychologists… who use the services of others, such as interpreters, take reasonable steps to (1) avoid delegating such work to persons who have a multiple relationship with those being served that would likely lead to exploitation or loss of objectivity; (2) authorize only those responsibilities that such persons can be expected to perform competently on the basis of their education, training, or experience, either independently or with the level of supervision being provided; and (3) see that such persons perform these services competently.” In this situation, there are many potential biases that may influence the child’s translations for his/her mother. Moreover, it would be difficult for the child to try to avoid “helping” his/her mother during the assessment.

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17
Q

A psychologist has recently begun supervising a new psychological intern who is age 35. The psychologist has just remembered that the new intern was a former patient about 20 years ago. The psychologist believes that this previous relationship would not “cause impairment or risk exploitation or harm” because the intern does not recognize the psychologist. Which of the following is true?

A. The psychologist can supervise the new intern because more than seven years have passed.

B. The psychologist can supervise the new intern because a multiple relationship is not prohibited in this circumstance.

C. The psychologist can supervise the new intern because the new intern was a minor while a patient of the supervisor.

D. The psychologist cannot supervise the new intern because it is prohibited in the CA regulations.

A

D.

As noted on the BOP’s website, “Supervisors are prohibited from supervising supervisees who are, or have been, psychotherapy clients of the supervisors (Regulation section 1387.1(I).”

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18
Q

CA law requires that a psychologist renewing his/her license must complete a course in law and ethics. Which of the following best describes this requirement?

A. It applies to each renewal and the course must be at least one hour in length.

B. It applies to each renewal and the course must be at least 3 hours in length.

C. It applies to each renewal and no specific hour requirement is specified.

D. It applies to the first renewal only and no specific hour requirement is specified.

A

C.

CA Code of Regulations Section 1397.61(b) requires that a person renewing or reactivating his or her license must have completed a course in “law and ethics as they apply to the practice of psychology in CA.” This requirement applies to each renewal, but there is no specific hour requirement.

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19
Q

You are working with a dependent adult who tells you that she has been sexually abused by one of the staff members at the private long-term care facility where she lives. You report the abuse to the:

A. State Department of Mental Health.

B. State Department of Developmental Services.

C. Director at the facility.

D. Local ombudsperson and local law enforcement agency.

A

D.

The appropriate recipient of a report of elder or dependent adult abuse depends on the type of abuse and where it occurred. For all types of physical abuse, when the abuse “occurred in a long-term care facility, except a state mental health hospital or a state developmental center, a telephone and a written report shall be made to the local ombudsperson and the local law enforcement agency” [WIC Section 15630(b)(1)]. Physical abuse includes sexual assault.

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20
Q

Your client, Nancy, single and age 37, has informed you that she just terminated a sexual relationship with her former psychologist, who is also single. The relationship occurred while she was his patient. She indicates that she voluntarily participated in the relationship and she did not feel the least bit exploited. Furthermore, she continues to remain “good friends” with this psychologist. What should you do first, and then what should you do next?

A. You should file a complaint with the Board of Psychology and then you should inform the other psychologist that you have filed the complaint.

B. You should contact a lawyer and then notify a law enforcement agency.

C. You should address this issue therapeutically with Nancy and encourage Nancy to confront her former psychologist.

D. You should provide Nancy with the brochure “Professional Therapy Never Includes Sex,” and then you should discuss it with her.

A

D.

“Any psychotherapist or employer of a psychotherapist who becomes aware through a patient that the patient had alleged sexual intercourse or alleged sexual contact with a previous psychotherapist during the course of a prior treatment, shall provide to the patient a brochure promulgated by the department that delineates the rights of, and remedies for, patients who have been involved sexually with their psychotherapist. Further, the psychotherapist or employer shall discuss with the patient the brochure prepared by the department” (Business and Professions Code 728, section a).

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21
Q

A new client says that she wants to pay for her therapy sessions in cash and that she doesn’t want you to keep a record of the sessions or of her payments. If you agree to this arrangement:

A. You have acted ethically as long as you ascertain that her reasons for making this request are valid.

B. You have acted ethically since it is up to you to decide what to include in your records.

C. You have acted ethically as long as you include her payments as income on your income tax forms.

D. You have acted unethically.

A

D.

Psychotherapists are ethically and legally required to maintain basic records. With regard to ethical obligations, Standard 6.01 of the APA’s Ethics Code requires psychologists to “create, and to the extent the records are under their control, maintain, disseminate, store, retain, and dispose of records and data relating to their professional and scientific work in order to (1) facilitate provision of services later by them or by other professionals, (2) allow for replication of research design and analyses, (3) meet institutional requirements, (4) ensure accuracy of billing and payments, and (5) ensure compliance with law.”

22
Q

During his second therapy session with Albert A., age 11, Dr. Smith notices that the boy has numerous bruises on his arms. When asked how he got them, Albert says he doesn’t remeber, but additional questioning reveals that Albert “feels afraid all the time” and has recently started wetting the bed. Albert also provides information about his relationship with his parents that causes Dr. Smith to suspect that Albert is being physically abused. As a result, Dr. Smith files a child abuse report with the authorities; however, a subsequent investigation finds no evidence of child maltreatment. Which of the following is true about the consequences for Dr. Smith?

A. Dr. Smith may be subject to civil penalties only.

B. Dr. Smith may be subject to criminal penalties only.

C. Dr. Smith may be subject to both civil and criminal penalties.

D. Dr. Smith will not be subject to civil or criminal penalties.

A

D.

This issue is covered by CA PC 11172(a), which states that: “No mandated reporter shall be civilly or criminally liable for any report required or authorized by this article. Any other person reporting a known or suspected instance of child abuse or neglect shall not incur civil or criminal liability as a result of any report authorized by this article unless it can be proven that a false report was made and the person knew that the report was false or was made with reckless disregard of the truth or falsity of the report, and any person who makes a report of child abuse or neglect known to be false or with reckless disregard of the truth or falsity of the report is liable for any damages caused.”

23
Q

You have been seeing Alfredo A. in therapy for over six months and believe he is no longer benefiting from therapy. However, when you discuss the possibility of terminating therapy, he says he’s happy with his progress and wants to continue. As an ethical psychologist, you:

A. Agree to continue seeing Alfredo since he is satisfied with the progress of therapy.

B. Agree to continue seeing Alfredo for an additional period of time but, at the end of that period, insist on terminating therapy.

C. Explain to Alfredo that these are normal reactions to the end of therapy and set a date for termination.

D. See if additional goals for treatment can be identified but, if not, set a date for termination and, if appropriate, provide him with referrals to other psychologists.

A

D.

Termination of therapy is addressed in Ethics Code Standard 10.10, which states “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… Except where precluded by the actions of clients/patients or third-party payors, prior to termination psychologists provide pretermination counseling and suggest alternative service providers if appropriate.”

24
Q

As defined in CA Evidence Code Section 1013, after a therapy client has died, the “holder of the privilege” for confidential information obtained during the course of therapy is:

A. The court.

B. The Client’s closest family member.

C. The psychologist.

D. The Client’s representative.

A

D.

This is a straightforward question that simply requires you to be familiar with the provisions of CA Evidence Code Section 1013, which defines the “holder of the privilege” as (a) the patient when he has no guardian or conservator, (b) the patient’s guardian or conservator, or (c) the personal representative of a patient of a patient who is deceased.

25
Q

CA law requires that the primary supervisor of psychological interns must:

A. Supervise no more than three interns.

B. Complete six hours of supervision coursework every two years.

C. Be either a licensed psychologist or board certified psychiatrist.

D. Provide a minimum of five hours of individual, face-to-face supervision to each intern each week.

A

B.

The requirements for supervisors of psychological interns are specified in CA Business and Professions Code Section 2911. It requires supervisors to complete six hours of supervision coursework every two years (answer B). However, Section 2911 does not limit the number of interns (answer A); it states that supervisors of psychological interns must be liecensed psychologists only (answer C); and it states that supervisors must provide a minimum of one hour of individual, face-to-face supervision to each intern each week (answer D).

26
Q

You are seeing the Cohen family in therapy to help them cope with the recent loss of a family member. During a Friday afternoon session, Craig Cohen, age 12, discloses that he is being abused at school. Under which of the following circumstances would you NOT be meeting mandate reporting requirements?

A. You telephone the county welfare department after the session and send a written report on Saturday.

B. You telephone the school police department after the session and send a written report the same day.

C. You telephone the county sheriff’s department at the end of the workday and send a written report the same day.

D. None of the above (all meet reporting requirements).

A

B.

Requirements regarding who to report child abuse to and when to report the abuse are presented in the CA Penal Code: “Reports of suspected child abuse or neglect shall be made by mandated reporters to any police department, county probation department, not including a school district police or security department, county probation department, if designated by the county to receive mandated reports, or the county welfare department” (Section 11165.9). “The mandated reporter shall make a report to the agency immediately or as soon as is practicably possible by telephone, and the mandated reporter shall prepare and send a written report thereof within 36 hours of receiving the information concerning the incident” [Section 11166(a)}.

27
Q

Under CA WIC Sections 5150, 5250, and 5270.15, the maximum involuntary detention for individuals who have been determined to be “gravely disabled” is _____ days.

A. 31

B. 47

C. 55

D. 63

A

B.

As noted in WIC Section 5270.55(c), “the maximum involuntary detention period for gravely disabled persons pursuant to Sections 5150, 5250, and 5270.15 shall be limited to 47 days” - i.e., three days under Section 5150, 14 days under Section 5250, and 30 days under Section 5270.15.

28
Q

At the request of an employer, a psychologist conducts a fitness-for-duty evaluation of an employee. If the employee refuses to sign an authorization or waiver form, the psychologist:

A. Cannot provide any information derived from the evaluation to the employer.

B. Can only tell the employer whether the employee is fit-for-duty.

C. Can only tell the employer whether the employee is fit-for-duty and describe any relevant functional limitations.

D. Can tell the employer whether the employee is fit-for-duty, describe any relevant functional limitations, identify the medical or psychological cause of those limitations, and provide any other pertinent information.

A

C.

A fitness-for-duty evaluation is conducted at the request of an employer or supervisor to determine if psychological or psychiatric factors will interfere with a current employee’s ability to perform essential job functions. The employee is ordinarily asked to sign an authorization for release of info. or waiver form prior to the evalutation. However, even when the employee refuses to do so, the employer has a right to limtied information about the results of the evaluation - i.e., if the employee is able to perform essential job functions, whether any functional limitations will affect the employee’s ability to perform his/her job duties, and whether any accommodations are needed to help the employee perform his/her job duties.

29
Q

Dr. Suzanne Strumm receives a request from a former client’s current therapist for copies of certain information from the client’s file. The client has not paid for his last three therapy sessions despite several requests from Dr. Strumm to do so. Dr. Strumm:

A. Is prohibited from withholding the client’s records because of the outstanding fees.

B. Is prohibited from withholding the client’s records only if the client is currently experiencing a crisis.

C. May withhold the records only if she informs the client of her intent to do so.

D. May withhold the records because the client has breached his agreement to pay Dr. Strumm for professional services received.

A

A.

H&S Code Section 123110 prohibits health care providers “from withholding patient records or summaries of patient records because of an unpaid bill for health care services.”

30
Q

Which of the following cannot generally consent to psychotherapy for a minor child?

A. A minor who is a parent.

B. A foster parent.

C. An adoptive parent.

D. An unmarried parent.

A
31
Q

The administrative assistant at the hospital where you work stops you in the hallway and asks you about difficulties that she is having with her mother. What should you do?

A. Tell the assistant that it is inappropriate to approach you with personal issues at work.

B. Give her a referral for therapy to discus her issues about her mother.

C. Give advice to the assistant as long as you clarify that you are not creat8ing a therapeutic relationship.

D. Suggest to the assistant that she take you to lunch and tell her that you will address her issues with her.

A

C.

As a psychologist you are allowed to give advice so long as you make clear that you are not establishing a professional relationship with the recipient of the advice.

32
Q

When a psychologist’s license has been revoked by the Board of Psychology, the psychologist must wait for at least ___ years before petitioning for a reinstatement.

A. 2

B. 3

C. 5

D. 7

A

B.

The issue is addressed in the BOP’s Spectrum of Administrative Actions Available to the BOP, which states, “Those whose licenses are revoked must wait three years before petitioning the BOP for reinstatement of licensure.”

33
Q

Maggie M., age 16.5, tells Dr. Little that she started having sexual relations with her 21-year-old boyfriend last week. She says that her boyfriend told her they wouldn’t have sex until she was ready to and, after thinking it over for the past few months, she decided she was ready. In this situation:

A. Statutory rape has occurred and Dr. Little is required to file a child abuse report.

B. Statutory rape has occurred but Dr. Little is not required to file a child abuse report.

C. Statutory rape has not occurred but Dr. Little is required to file a child abuse report.

D. Statutory rape has not occurred and Dr. Little is not required to file a child abuse report.

A

B.

Statutory rape (unlawful sexual intercourse) has occurred since Maggie is under 18. However, Dr. Little is not required to file a child abuse report because Maggie is age 16 and the sexual contact was consensual, nonabusive, and noncoercive. By contrast, “unlawful sexual intercourse” with a child under age 16 when the perpetrator is age 21 years or older is reportable as child abuse.

34
Q

Section 123149 of the CA Health and Safety Code applies to providers of health services that utilize electronic recordkeeping services only. It states that:

A. The original hard copy of patient records must be maintained as a backup for an electronic copy.

B. The original hard copy of any record containing the patient’s signature must be maintained even when the record has been electronically stored.

C. The original hard copy of patients records may be destroyed once the records have been electronically stored.

D. The original hard copy of a patient’s records may be destroyed once the records have been electronically stored only after obtaining the consent of the patient to do so.

A

C.

Legal requirements regarding the use of electronic recordkeeping systems for client records are addressed in Section 123149 of the CA Health and Safety Code. It states that “original hard copies of patient records may be destroyed once the record has been electronically stored.”

35
Q

The Board of Prison Terms asks you to evaluate a prisoner to determine if he needs mental health treatment. In this circumstance:

A. The results of the evaluation are privileged.

B. The results of the evaluation are not privileged.

C. The results of the evaluation are privileged if you have explained the limits of the confidence.

D. The results of the evaluation are not privileged only when the prisoner consents to evaluation.

A

B.

Board of Prison Terms-Appointed Psychotherapist [EC Section 1017(b)]: There is no privilege when a psychotherapist is appointed by the Board of Prison Terms to evaluate an inmate to determine his or her need for mental health treatment. Example: Pursuant to Penal Code 2960, the Board of Prison Terms requests that a psychotherapist evaluate a prison inmate to determine his eligibility for the mentally disordered offender program. In this situation, the results of the evaluation are not privileged.

36
Q

When a psychologist experiences ana unresolvable conflict between ethical obligations and requirements of law, regulations, or other governing legal authority, the psychologist:

A. May adhere to either ethical obligations or legal requirements.

B. Should adhere to legal requirements as long as they do not violate human rights.

C. Should discuss the issue with the client to see how he/she wants to resolve it.

D. Should seek legal advice or consult with the state licensing board.

A

D.

Unresolvable conflicts between law and ethics create a difficult dilemma, and the best response is to seek consultation to determine the most appropriate course of action. In a discussion of this issue, the APA’s Committee on Professional Practice and Standards recommends seeking legal advice or consulting with the state licensing board. Another alternative is to contact the CA Psychology Association which offers a free confidential phone consultation on ethical issues to its members.

37
Q

A police officer presents a psychologist with an arrest warrant for a former client. What should the psychologist do?

A. Provide the police officer with any relevant records.

B. Provide the police officer with the former client’s last known address and telephone number.

C. Attempt to contact the former client while the police officer is in the psychologist’s office.

D. Inform the police officer that any information about treatment is confidential.

A

D.

An arrest warrant does not constitute an exception to the psychotherapist-client privilege. The psychologist should not breach a former client’s confidentiality, even the fact that the individual was a client.

38
Q

As defined in CA Business and Professions Code Section 2960, unprofessional conduct by a psychologist includes acting outside his or her field(s) of competence as determined by the psychologist’s:

A. Ability to perform his/her duties with skill of acceptable quality.

B. Ability to perform his/her duties consistent with the standard of care.

C. Professional qualifications.

D. Education, training, and experience.

A

D.

Business and Professions Code Section 2960 identifies a number of activities that constitute unprofessional conduct and may result in disciplinary action by the BOP. Answer D is the best one because it reflects the actual language of Section 2960(p), which states that unprofessional conduct by a psychologist includes “functioning outside of his or her field or fields of competence as established by his or her education, training, and experience.”

39
Q

Daryl D., age 12, was brought to therapy by his mother because of her concerns about his increasing misbehavior and poor grades in school. As part of your assessment of Darl, you administerd the WISC-IV and WRAT-3, and Daryl’s mother has asked you for her son’s scores on those tests. You should:

A. Explain that you can provide test results only to professionals who have experience and training in test score interpretation.

B. Provide her with a brief summary of the results but explain that you can provide the exact scores only to professionals who have experience and training in test score interpretation.

C. Provide her with the scores and an interpretation of those scores as long as you have determined that doing so is not likely to have a detrimental effect on Daryl’s well-being.

D. Provide her with the scores and answer any questions she ahs about the scores after obtaining assent from Daryl to do so.

A

C.

Ethics Code Standard 9.04(a) allows psychologists to “refrain from releasing test data to protect a client/patient or others from substantial harm or misuse or misrepresentation of the data or the test,” but it also states that psychologists must recognize “that in many instances release of confidential information under these circumstances is regulated by law.” Because HIPAA’s privacy rule does not identify reasons to treat test data differently than any other medical information, psychologists are required to release test data except in certain legally defined situations that permit them to deny a client or the parents of a minor client access to the client’s record. With regard to minor clients, under H&SC section 123115(a)(2), psychologists may refuse to provide parents or legal guardians access to a minor’s records (including test scores) when they determine “that access to the patient records requested by the representative [parent or legal guardian] would have a detrimental effect on the provider’s professional relationship with the minor patient or the minor’s physical safety or psychological well-being.”

40
Q

When a client asks for a summary of his or her record (rather than a copy of the entire record), a psychologist must provide the summary within ____ working days after receipt of the client’s written request unless the record is of “extraordinary length” or treatment of the client was terminated within the last 10 days.

A. 6

B. 10

C. 15

D. 20

A

B.

The issue is addressed in Section 123130 of the CA Health and Safety Code. It states that a “health care provider may prepare a summary of the record for inspection and copying by a patient. If the health care provider chooses to prepare a summary of the record rather than allowing access to the entire record, he or she shall make the summary of the record available to the patient within 10 working days from the date of the patient’s request. However, if more time is needed because the records is of extraordinary length or because the patient was discharged from a licensed health facility within the last 10 days, the health care provider shall notify the patient of this fact and the date that the summary will be completed, but in no case shall more than 30 days elapse between the request by the patient and the delivery of the summary.” (Note that, while CA law allows health care providers to provide summaries to clients rather than complete records, HIPAA allows this only when the client agrees to this alternative).

41
Q

What is the difference between confidentiality and privilege when working with clients?

A. Privilege is an ethical issue that prevents the psychotherapist from revealing information about the client and confidentiality is a legal issue that pertains to testimony in court.

B. Confidentiality is an ethical issue established by state law to restrict testimony of confidential information in a legal proceeding and privilege is a legal term that requires the psychologist to protect client’s information revealed in therapy.

C. Privilege is a legal concept that refers to a person’s right to have confidential information revealed in a legal proceeding and confidentiality refers to the ethical obligation of psychologists to protect client’s information revealed in therapy.

D. Confidentiality refers to a psychologist’s ethical and legal obligation to protect information revealed by a client in therapy and privilege refers to the legal requirement not to reveal confidential client information in legal proceedings.

A

D.

Confidentiality refers to the obligation of psychologists to protect clients from unauthorized disclosure of information revealed in the context of the professional relationship. Privilege is also known as “testimonial privilege” and is a legal term that refers to a person’s right not to have confidential information revealed in a legal proceeding. The psychotherapist-patient privilege is established by Evidence Code Section 1014 and Business and Professions Code Section 1918, which states that “the confidential relations and communications between psychologist and client shall be privileged.” Be very clear that privilege is legal and confidentiality is ethical with some legal components.

42
Q

There is an exception to the psychotherapist-patient privilege when:

A. The court orders you to evaluate a defendant, upon the request of the defendant’s lawyer, in order to provide the lawyer with information needed in order to advise the defendant whether to enter or withdraw a plea based on insanity.

B. The court hires you to evaluate a defendant and the purpose of the evaluation is to help the court or the jury determine the defendant’s competence to stand tria or state of mind at the time of the crime.

C. The court orders you to evaluate a defendant, upon the request of the defendant’s lawyer, in order to provide the lawyer with information needed in order to advise the defendant whether to present a defense based on his/her emotional condition.

D. Privilege is waived in all of these circumstances.

A

B.

When the court hires you to evaluate a defendant, the court is your “client,” and there is no privilege (E.C. 1017, Court-Appointed Psychotherapist). The purpose of the evaluation is to help the court or the jury determine the defendant’s competence to stand trial or state of mind at the time of the crime, and your job is to gather information for the legal proceeding and then share what you learned. Note that before performing an evaluation as a court-appointed psychotherapist or discussing an clinical information with the patient, you must inform the patient that the information he/she discloses to you will be shared in court; if you fail to do so, the evaluation results cannot be submitted in court.

43
Q

Morgan M., age 31, tested positive for HIV two months ago and, during a therapy session, reveals that he has not told his girlfriend about his condition and sometimes has unprotected sex with her. In this situation:

A. You must contact Morgan’s girlfriend to inform her that Morgan is exposing her to HIV.

B. You must contact Morgan’s girlfriend to inform her that she may have been exposed to HIV but must not reveal Morgan’s identity.

C. You must contact Morgan’s girlfriend to inform her that she may have been exposed to HIV but only if Morgan refuses to do so himself.

D. You should maintain Morgan’s confidentiality but inform him of the possible legal consequences of not telling his girlfriend about his HIV status.

A

D.

Whether you have a duty to warn in this situation is ambiguous, and, consequently, your best course of action would be to discuss the situation with a colleague or attorney to determine the best course of action. However, this is not given as a choice, so the best answer of those given is to maintain the client’s confidentiality and inform him of the possible legal consequences of not telling his girlfriend about his HIV status - i.e., Health and Safety Code Section 120291 states that any person who exposes another person to HIV through unprotected sexual activity is guilty of a felony if that person knows he/she is infected, does not disclose his/her HIV-positive status, and acts with the intent to infect the other person with HIV.

44
Q

You receive a subpoena duces tecum requesting you to testify at a competency hearing for a former client and to bring certain information from the client’s record. The client terminated therapy with you several years ago and you have not talked to him since then. You should:

A. Appear as requested but provide only information relevant to the client’s competence.

B. Appear as requested but claim privilege.

C. Appear as requested only if you are able to contact the client and he gives you permission to do so.

D. Do nothing until you receive an order from the court.

A

B.

The information provided in the question does not indicate that the client has given permission to provide the relevant information. (The fact that you haven’t seen the client for several years is irrelevant.) Assuming that the subpoena is valid, you must appear as requested, but you should assert the privilege on the client’s behalf. Note that it’s very likely that you’ll encounter a question like this one on the exam, and the correct answer will depend on the specific choices you are given.

45
Q

CA Health and Safety Code 124260 permits a minor who is 12 years of age or older to consent to outpatient mental health treatment and counseling services provided by a professional person when the minor is “mature enough to participate intelligently” in those services. It also requires that the treatment must include involvement of the minor’s parents:

A. Only when not to do so would be harmful to the minor.

B. Only when the parents will have to pay for the services.

C. Except when the therapist determines that the minor’s presenting problem is directly related to the minor’s relationship with his/her parents.

D. Except when the therapist determines, after consulting with the minor, that their involvement would be inappropriate.

A

D.

Section 124260(c) requires that outpatient mental health treatment authorized by Section 124260 “shall include the involvement of the minor’s 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.”

46
Q

You have been working with Roman, an elderly Russian immigrant, for six months when he is diagnosed with cancer. An attempt was made by the hospital social worker to contact any relatives, but Roman is estranged from his adult daughter, who would not return the phone calls that the social worker placed to her. You suspect that there may have been a good deal of abuse perpatrated by Roman on her, from some of the things he has told you in therapy. After these attempts to find a relative caregiver fail, he is placed in a in-hospital hospice program, and two weeks later during a session, he tells you that he has made plans to commit suicide. You should:

A. Document the conversation in the medical records.

B. Ask for a detailed description of the plans.

C. This is not important as hospice treatment is for terminally ill patients.

D. Inform the ward nurse.

A

B.

The real underlying question here is: “What do you do when a client informs you of his or her plan to commit suicide?”

As with any client who has suicidal ideation, you want to assess further. Asking for a detailed description of the plans would help you assess for lethality. This is the first step. Until you have assessed the level of lethality, you would not breach confidentiality, as you would be doing in answer choices “A” and “D.”

47
Q

You want to consult with an expert in the field of Disruptive Behavior Disorders to identify the most appropriate treatment plan for a 10-year-old client with Oppositional Defiant Disorder. In this situation:

A. You must obtain permission from the child’s parents before talking to the expert.

B. You must obtain permission from the child’s parents before talking to the expert only if you cannot disguise the child’s identity.

C. You do not need to obtain permission from the child’s parents as long as the expert is a licensed mental health professional.

D. You do not need to obtain permission from the child’s parents as long as you reveal only confidential information to the expert that is clearly relevant to the purpose of the consultation.

A

B.

The need to maintain client confidentiality when seeking consultation is addressed in Standard 4.06 of the Ethics Code. It states that psychologists “do not disclose confidential information that reasonably could lead to the identification of a client/patient…unless they have obtained the prior consent of the person…or the disclosure cannot be avoided.” This answer is most consistent with this requirement.

48
Q

Dr. Gonzalez obtains permission from a child’s mother and father before beginning an evaluation of the child that will be used by the court to help determine custody rights. However, before the evaluation is completed, the mother withdraws her consent. Dr. Gonzalez should:

A. Make a custody recommendation on the basis of the information he has already obtained.

B. Continue the evaluation since the father has not withdrawn his consent.

C. Continue the evaluation since both parents gave their consent prior to beginning the evaluation.

D. Contact the court to determine the appropriate course of action.

A

D.

Given the limited information provided in this question, this is the best course of action of those described in the answers. Whenever one parent does not give consent (or withdraws consent) for an evaluation in a custody case, the psychologist should seek guidance from the court on how to proceed.

49
Q

Which of the following describes the penalty for failing to report child abuse or neglect when that failure results in death or significant bodily injury?

A. A fine of up to $1,000 and/or confinement in count jail for up to 6 months.

B. A fine of up to $2,500 and/or confinement in county jail for up to 12 months.

C. A fine of up to $2,500 and/or confinement in county jail for up to 12 months.

D. A fine of up to $5,000 and/or confinement in county jail for up to 12 months.

A

D.

Note that this question is asking about the penalty for failing to report child abuse or neglect and the failure results in death or significant bodily harm. This penalty is described in Penal Code Section 11166.01(b), which states that “any mandated reporter who willfully fails to report abuse or neglect…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 ($5,000), or by both that fine and imprisonment.”

50
Q

A psychologist goes to her child’s play at school. While sitting in the audience, she sees a parent strike his child, bloodying the child’s nose. If the psychologist reports child abuse to Child Protective Services, the psychologist is:

A. Covered from both civil and criminal liability.

B. Covered from criminal liability but not from civil liability.

C. Covered from civil liability but not from criminal liability.

D. Not covered from either civil or criminal liability.

A

A.

Mandated reporters have immunity from criminal and civil liability for any report required or authorized under the Child Abuse Reporting Law. This immunity applies even though the knowledge or reasonable suspicion of abuse was acquired outside his or her professional capacity or outside the scope of his or her employment. If a mandated reported is sued for making a report, he or she may be able to receive compensation for legal fees incurred in defending against the action.