Sample Questions: Deck 2 Flashcards
Candidates for licensure who began their graduate training on or after January 1, 2004, must complete at a minimum:
A. A one-hour course in spousal/partner abuse and a three-hour course in aging and long-term care.
B. A one-hour course in aging and long-term care and a three-hour course in spousal/partner abuse.
C. A 10-hour course in spousal/partner abuse and a 15-hour course in aging and long-term care.
D. A 10-hour course in aging and long-term care and a 15-hour course in spousal/partner abuse.
D.
The BOP requires that candidates who began their graduate training on or after January 1, 2004, complete at a minimum 10 hours of coursework in aging and long-term care, and 15 hours of coursework in spousal or partner abuse, prior to licensure. The BOP also requires that for licensees who began graduate studies prior to January 1, 2004, that during the first licensure renewal period, the licensee complete a one-time course in spousal or partner abuse, of a minimum of one hour, and a one-time course in aging and long-term care, of a minimum of three hours (Response A).
In terms of Welfare and Institutions Code Section 5150, “danger to self” refers to:
A. Suicidal intent.
B. Suicidal intent, as well as potentially self-destructive or reckless behavior.
C. Suicidal intent, as well as the inability to adequately provide for oneself.
D. Suicidal intent, as well as refusal of necessary medical care.
A.
In terms of WIC 5150, “danger to self” specifically refers to suicidal intent and behavior. Self-destructive or reckless behavior (Response B), such as prostitution or high-speed auto driving would not quality as “danger to self.” The inability to adequately provide for oneself (Response C) is the definition of “grave disability.” Individuals generally have the right to refuse medical care (Response D), even if medical personnel or others might consider the medical treatment necessary.
When a mandated reporting situation exists, confidentiality:
A. Is always breached.
B. No longer applies.
C. Should be breached to the minimum extent necessary.
D. Is not breached.
C.
When disclosure of confidential information is lawful and ethical (e.g., in a mandated reporting situation), confidentiality is frequently breached (ruling out Response D). The disclosure should always be limited to the information necessary and sufficient to meet the purpose of the disclosure. Thus, confidentiality must still be considered (Response B). Even if a report is mandated, a patient may consent to the disclosure (e.g., the pateint calls in an abuse report with the therapist). It is therefore inaccurate to say that confidentiality is always breached (Response A).
A Tarasoff duty would clearly exist in which of the following situations?
A. A patient’s spouse informs the patient’s psychologist that his wife has plans for serious violence against her boss.
B. A patient’s coworker informs the psychologist that the patient has a gun and is planning to shoot her next-door neighbor.
C. A patient tells her psychologist that she can’t stop thinking about killing her ex-husband.
D. A patient reveals to her psychologist imminent homicidal intent toward an unnamed acquaintance.
A.
A Tarasoff duty clearly exists when three conditions are met: (a) where the patient has communicated to the psychotherapist; (b) a serious threat of physical violence; (c) against a reasonably identifiable victim or victims. In the recent Ewing decions (case law), it was determined that a patient communication should be construed to include any communication from an intimate or close relation of a patient (e.g., husband, parent, sibling). Response A meets the three Tarasoff conditions, in that the patient’s husband has told the therapist directly that she has a plan of serious violence against an identifiable person, namely her boss. In Response B, however, the psychotherapist hears the threat from the patient’s coworker, thus Tarasoff does not apply. In Response C, the patient is having thoughts of killing her ex-husband; further assessment is required before a clear threat of physical violence can be established. In Response D, the intended victim is not yet clearly identifiable. Psychotherapists are not required to interrogate patients to learn the identity of the victims.
Which of the following statements best describes the attitude of the American Psychological Association’s “Ethical Principles of Psychologists and Code of Conduct” (2002) toward multiple relationships?
A. Multiple relationships are never permitted.
B. Multiple relationships should be avoided whenever possible, but they may be acceptable if they can’t be avoided.
C. Multiple relationships are only unethical if they impair objectivity or present the possibility for harm or exploitation.
D. Multiple relationships are sometimes acceptable if they are not of a sexual, romantic, or financial nature.
C.
The APA Ethics Code states that multiple relationships are not inherently unethical (ruling out Response A). It does not explicitly single out those of a sexual, romantic, or financial nature (Response D) as being problematic, nor does it state that multiple relationships should be avoided whenever possible (Response B). The Ethics Code states that multiple relationships are acceptable as long as they don’t impair effectiveness and objectivity, and they don’t cause harm or exploitation.
When a psychologist receives a subpoena requesting therapy records, the psychologist should in most cases first:
A. Assert privilege.
B. Turn over the records.
C. Contact the patient whose therapy records are being requested.
D. Contact the attorney who issued the subpoena.
C.
In most situations, when a psychologist receives a subpoena, the psychologist should initially contact the patient to see if the patient wishes to assert privilege or waive privilege. Thus, whether the psychologist should assert privilege (Response A) or turn over the records (Response B) depends upon the patient’s decision in the legal proceedings. Generally, a psychologist should never contact the attorney who issued the subpoena (Respone D), except to ask to be released from the subpoena.
A parent has authorized treatment of a minor. According to CA guidelines, in which of the following situations may the parent access the minor’s treatment records?
A. In all situations.
B. If the minor gives assent.
C. In all situations, unless the therapist believes access will have a detrimental effect on the therapeutic relationship or the child’s physical or emotional well-being.
D. In all situations, unless the therapist believes access is reasonably likely to endanger the life or physical safety of the individual or another person.
C.
This is a very difficult question because CA guidelines and federal guidelines (HIPAA) with regard to patient access to mental health records differ. Additionally, psychologists are supposed to follow different guidelines depending on whether an adult is accessing his/her own treatment records or accessing a minor’s treatment records. According to CA law, a parent or legal guardian can generally access a minor’s treatment records (except when the minor has lawfully received treatment without parental consent). A minor’s assent (Response B) is not required for parental access. A therapist has the right to refuse to provide the treatment records if: (a) the therapist believes disclosure would be detrimental to the therapeutic relationship; or (b) the therapist believes disclosure would be detrimental to the child’s physical or emotional well-being (Response C). According to HIPAA, providers may deny individual access when the professional has determined that the access requested is “reasonably likely to endanger the life or physical safety of the individual or another person.” When adults want to access their own treatment records, HIPAA overrides CA law (thus with adults you would have to release records unless there is a threat to life or physical safety). When adults want to access a minor’s treatment records CA law overrides HIPAA (ruling out Response D).
When an adult 21 years of age has sexual intercourse with a minor of 16 years of age:
A. Statutory rape has occurred, but a sexual abuse report is not necessarily mandated.
B. Statutory rape has occurred, and a sexual abuse report is mandated.
C. Statutory rape has not occurred, and a sexual abuse report is not mandated.
D. A report of sexual abuse is discretionary.
A.
Any sexual intercourse between an adult and a minor under the age of 18 is statutory rape. The penal code, however, does not require a child abuse report in all instances of statutory rape. A report of child abuse is mandated when sexual intercourse has occurred between a person 21 or older and a partner who is UNDER 16 years of age. In the situation described, fi the sexual intercourse was consensual, because the minor is 16 years of age, a child abuse report would not be required. If the intercourse was non-consensual (e.g., rape), a report of child abuse would be required.
A new client confesses to having killed her boyfriend accidentally a few weeks ago. She states that she has come to therapy in order to relieve her guilt and to get help in avoiding getting arrested. What would be your most appropriate response in this situation?
A. If you are interrogated by the police, you should divulge releveant information because no privilege exists in this situation.
B. Explain to your client that there is no privilege because this situation constitutes a Tarasoff situation.
C. Inform your patient that all information will be held confidential.
D. Inform your patient that privilege will probably not be upheld in this situation because she is attempting to use therapy to avoid apprehension.
D.
Privilege is defined as the patient’s right to refuse to disclose and to prevent another from disclosing a confidential communication in a legal proceeding. This scenario presents one exception to privilege: according to Evidence Code 1018, no privilege exists if the services of a therapist were sought or obtained to aid anyone to commit a crime or to escape detection or apprehension after commission of a crime (ruling out response C). However, the decision about privilege belongs to a judge, not you. You may not simply tell the police whatever you think is relevant (Response A). A Tarasoff situation occurs when there is a threat of future violence (ruling out Response B). In addition, privilege still exists in a Tarasoff situation, although confidential information relevant to the threat may be disclosed. Also note that commission of a crime in the past is not an exception to confidentiality or privilege.
Documentation of treatment (e.g., progress notes) is:
A. Ethically preferable.
B. Ethically mandated.
C. A legal, but not an ethical issue.
D. Good clinical practice, but neither a legal nor an ethical issue.
Documentation of treatment is both a legal and an ethical mandate.
A six-year-old child reports that he was left alone in a house with broken windows and unprotected poisons. He appears to be unharmed in any way. The behavior of his parents would constitute:
A. Inappropriate supervision.
B. General neglect.
C. Severe neglect.
D. No form of reportable child abuse because no injury was sustained.
B.
This scenario describes general neglect, defined as the negligent failure of the caretaker to provide adequate food, clothing, shelter, medical care, or supervision where no physical injury to the child has occurred. Clearly then, an injury need not be sustained (Response D) in order for reportable abuse to occur. Severe neglect (Response C) is defined as negligent failure of the caretaker to protect the child from severe malnutrition, or willfully causing or permitting the health of the child to be endangered, including intentional failure to provide adequate food, clothing, shelter or medical care. Although inadequate supervision has indeed occurred in this scenario (Response A), a more specific form of abuse has occurred and therefore “general neglect” is the more accurate response.
The relationship between a supervisor and a psychological assistant who is accruing supervised professional experience (SPE) is best described as:
A. Employer to employee.
B. Teacher to student.
C. Business owner to independent contractor.
D. Partner to partner.
A.
CA law is clear that the relationship between a supervisor and a psychological assistant must be one of employer to employee. By law, psychological assistants may not be independent contractors (Response C), although some psychological assistantships are unlawfully set up on this basis.
Which statement best describes a psychologist’s rights and duties if contacted by emergency room personnel regarding a patient who has made a suicide attempt?
A. Because the suicide attempt has already occurred and there is now no immediate threat to safety, the psychologist must uphold confidentiality.
B. The situation constitutes a treatment emergency and the psychologist may divulge confidential information relevant to the patient’s immediate care.
C. Evidence Code 1024 allows the psychologist to share confidential information in this situation because the patient is a danger to self.
D. The psychologist may divulge confidential information only if the patient either gives consent or if the patient is hospitalized in accordance with WIC 5150.
B.
Treatment emergencies are considered exceptions to confidentiality. In a treatment emergency (e.g., a patient has attempted suicide with a drug overdose), confidential information shared in a treatment emergency is intended to help provide the patient with the most appropriate care. Evidence Code 1024 (Response C) is an exception to privilege that generally applies to legal proceedings; Evidence Code 1024 applies when a patient is a danger to self (others or property) and the disclosure is necessary to prevent the danger.
For up to 750 supervised hours, a supervisee may have a primary supervisor who is a:
A. Board certified psychiatrist.
B. Board certified psychiatrist, or LCSW.
C. Board certified psychiatrist, LCSW, or LMFT.
D. LCSW, or LMFT.
A.
Only psychological assistants may accrue up to 750 hours of supervised professional experience (SPE) under the primary supervision of a board certified psychiatrist. In all other circumstances, the primary supervisor must be a CA licensed psychologist. It is never possible to earn SPE under the primary supervision of a LCSW or LMFT. An LCSW or LMFT may, however, serve as a delegated supervisor (but not to a psychological assistant).
Effective January 1, 2007, what does the law of the State of CA mandate in terms of the maintenance of treatment records for minors?
A. All records must be maintained for seven years after termination.
B. All records must be maintained at least until the minor reaches the age of 18.
C. All records must be maintained at least 7 years after the minor reaches the age of 18.
D. All records must be maintained at least until the minor reaches the age of 19, but for no fewer than 7 years after termination.
C.
Effective January 1, 2007, the Business and Professions Code (2919) requires that for adults treatment records be maintained for at least 7 years after termination (Response A), and for minors, the treatment records be maintained for at least 7 years from the date the patient reaches 18 years of age; in other words, until the person is 25 years old (Response C).
A client you have been seeing in therapy for several weeks tells you that her ex-husband is threatening to kill you because he blames you for her unwillingness to get back together with him. From your conversations with the client, you know that the man has a history of violent behavior and that his threat against you must be taken seriously. As an ethical psychologist:
A. You must not terminate therapy with the client and should contact the police to obtain protection only with the client’s consent to do so.
B. You must not terminate therapy with the client but may contact the police to obtain protection with or without the client’s consent to do so.
C. You may terminate therapy with the client and may contact the police to obtain protection with or without the client’s consent to do so.
D. You may terminate therapy with the client but should contact the police to obtain protection only with the client’s consent to do so.
C.
This situation is addressed in the Ethics Code STandard 10.10(b). The Ethics Code permits psychologists to terminate therapy with a client when the client or a person the client has a relationship with poses a threat to the psychologist. In this situation, the psychologist is not required to provide advanced notification of termination or pretermination counseling to the client. Moreover, prohibitions against breaching client confidentiality do not apply if the psychologist needs to contact the police or others to obtain protection.
Under which of the following conditions would you be mandated to file a child abuse report?
A. Consensual sexual intercourse between a 16 year old and a 21 year old.
B. A 15 year old who is engaging in lewd and lascivious conduct voluntarily with a 23 year old.
C. A 17 year old who is the victim of rape.
D. All of the above.
C.
You must report an incident of rape that involves a minor.
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.
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. However, it does not limit the number of interns; it states that supervisors of psychological interns must be licensed psychologists only; and it states that supervisors must provide a minimum of one hour of individual, face-to-face supervision to each intern each week.
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 psychotherapist 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.
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.
The APA’s Ethics Code states that, when there is a conflict between ethical obligations and legal requirements, a psychologist should attempt to resolve the conflict in a manner that is consistent with:
A. Personal conscience.
B. Legal requirements.
C. Basic principles of human rights.
D. The accepted standard of care.
C.
This answer is the best one because it reflects the actual language of the Introduction and Application section, Standard 1.02, and Standard 1.03 of the APA’s Ethics Code. For example, the Introduction and Applicability section states: “If psychologists’ ethical responsibilities conflict with the law, regulations, or other governing legal authority, psychologists make known their commitment to this Ethics Code and take steps to resolve the conflict in a responsible manner in keeping with basic principles of human rights.”
You have just completed a research study but have not yet published its results. A colleague who is familiar with your study requests the data you have collected. Which of the following best describes the requirements of the APA’s Ethics Code with regard to this situation?
A. You are required to comply with the colleague’s request only if her purpose in requesting the data is to re-analyze it.
B. You are required to provide this information as long as the colleague agress to protect the confidentiality of the study’s participants.
C. You are not required to provide this information since the results of the study have not been published.
D. You cannot provide the data to the colleague unless participants have signed a waiver of confidentiality.
C.
The question states that you have not yet published your results; and, consequently, you are not required by the Ethics Code to share the data with your colleague. After publishing the results, however, you would be required to comply with a request for the data by a “competent professional” as long as the request is for the purpose of re-analyzing the data and the confidentiality of the participants can be protected.
A client asks Dr. Ken Kendall for a copy of her therapy record. Dr. Kendall may provide the client witha summary of the record (rather than the complete record) if:
A. He explains his reasons for doing so to the client.
B. The client’s request was verbal rather than in writing.
C. The client requested a summary and the request from the client was in writing.
D. He believes it is in the best interest of the client to do so and the request from the client was in writing.
C.
Although CA law permits a health care provider to dermine whether to provide a client with a record summary or an entire record, HIPAA’s privacy rule allows this only if the client agrees in advance to receiving a summary. Because HIPAA grants clients greater access to their records, it preempts CA law. In addition, HIPAA and CA law both require that a client’s request for access to his/her records be in writing.
You receive a written request from a former client for a copy of his therapy records. His request does not include your psychotherapy notes. Unless you have a lawful reason for withholding the records, you must respond to the request by sending:
A. A copy or summary of the records within 5 days.
B. A copy or summary of the records within 15 days.
C. A copy of the records within 7 days.
D. A copy of the records within 15 days.
D.
HIPAA requires health providers to provide patients with copies of their records (PHI) when the provider receives a written request for the records and ther is no lawful reason for withholding the records; and the 15 day requirement for providing the records is established by Health and Safety Code Section 1123110(b). Note, that HIPAA’s requirements with regard to the release of a copy (rather than a summary) of records takes precedence over state law, since HIPAA is more stringent in terms of providing patients with access to their records. Also note that the requirement to provide a copy of the records (vs. a summary) does not apply to psychotherapy notes since HIPAA does not require release of psychotherapy notes to patients. Therefore, Health and Safety Code 123110 applies to psychotherapy notes, and it permits providing a copy or a summary of the records.
You have been seeing George Gao, age 23, in therapy for 6 months. However, he has missed his last 3 appointments and his father, who has been paying for his sessions, has not sent you a check for the last two sessions that George attendd. You have already sent George a letter asking that he contact you, but he has not responded. You should:
A. Call George’s father to find out what has happened to George.
B. Send George an e-mail asking him if he plans to come back to therapy and reminding him that he has not paid for two sessions.
C. Send a letter to George’s father informing him that you will contact a collection agency if you do not receive payment within 30 days.
D. Send a letter to George informing him that you will contact a collection agency if he does not contact you within 30 days.
D.
George is an adult and, even though his father has been paying for his sessions, you should contact George directly since he is your client. You would not want to send an e-mail to George because you cannot be certain that he will be the only person to see the e-mail.
Under HIPAA’s privacy rule, a health care provider may disclose PHI without the client’s consent:
A. Only when the disclosure meets the “minimum necessary” standard.
B. Only when the info. is needed to provide the client with emergency health care services.
C. When the information will be used for routine treatment, payment, and health care operations purposes.
D. When the provider has determined that it is in the client’s best interest to do so.
C.
Note that this question is asking about the requirements of HIPAA’s privacy rule and not about other legal or ethical requirements. Therefore, answer C is the correct response because it most accurately describes HIPAA’s requirements with regard to consent for disclosure of PHI.
Which of the following individuals may institute the involuntary detention of an individual under Section 5150 of the CA WIC?
A. Any individual familiar with the person’s mental health status.
B. A psychiatrist, psychologist, or other mental health professional.
C. A peace officer, physician or other designated hospital staff, or licensed mental health professional.
D. A peace officer, attending staff at a designated evaluation facility, designated member of a mobile crisis team, or person designated by the county.
D.
Section 5150 identifies the individuals who can institute an involuntary 72-hour hold. Of the answers given, this one most accurately identifies the individuals who can initiate a 72-hour hold.
You receive a written request from a client for a copy of her therapy record. To be consistent with the provisions of Section 123110(b) of the CA Health and Safety Code, you must ensure that the records are transmitted to toe client within ___ days after receipt of the request.
A. 10
B. 15
C. 25
D. 30
B.
You’re likely to encounter a question on the exam on legal requirements for providing records to clients, so you’ll want to be familiar with Section 123110(b) of the CA Health and Safety Code. This section states that a “health care provider shall ensure that the copies are transmitted within 15 days after receiving the written request.”
CA Code of Regulations Section 1397 allows licensed psychologists to advertise their professional services:
A. As long as advertising does not include testimonials from current or former clients.
B. Only when there is empirical evidence to support the effectiveness of the services offered.
C. As long as such advertising does not promote the excssive use of those services.
D. Only when an ad is clearly labeled as a “paid advertisement.”
C.
CCR Section 1397 permits licensed psychologists to advertise professional services “authorized to be provided by such license within the psychologist’s field of competence in a manner authorized under Section 651…so long as such advertising does not promote the excessive or unnecessary use of such services.”
HIPAA’s Security Rule lists several technical safeguards for protecting electronic PHI (ePHI) from unauthorized release. Encryption is one of these safeguards and is listed as an “addressable” safeguard, which means that a covered entity:
A. Is not required to encrypt electronically stored or transmitted PHI when the client has signed a waiver of confidentiality.
B. Is required to encrypt electronically stored or transmitted PHI only when a breach of client confidentiality has occurred in the past.
C. May choose not to encrypt electronically stored or transmitted PHI when it is not reasonable or appropriate to do so.
D. Must encrypt all electronically stored or transmitted PHI.
C.
HIPAA’s Security Rule provides regulations related to the creation, storage, and transmission of PHI in any electronic form (e.g., Internet, e-mail, CDs, computer drives) and lists several administrative, physical, and technical safeguards for protecting electronic PHI from unauthorized release. These safeguards are categorized as either “required implementation specifications” or “addressable implementation specifications.” Required specifications are mandatory, but addressable specifications allow a covered entity flexibility when (a) it is determined that the specification is not reasonable or appropriate for the covered entity’s environment and (b) the covered entity documents why the specification is not reasonable or appropriate and implements an equivalent alternative measure as appropriate. Implementing “security measures to reduce risks and vulnerabilities to a reasonable and appropriate level” is a required specification, while encryption of electronic PHI is an addressable specification.
As proscribed by CA law, psychotropic drugs may be administered to a minor:
A. Only with the consent of his/her parent or legal guardian.
B. With the consent of the minor if he/she is at least 14 years of age, the consent of his/her parent or legal guardian, or a valid court order.
C. With the consent of the minor if he/she is emancipated or the consent of the minor’s parent or legal guardian.
D. With the consent of the minor if he/she is emancipated, the consent of the minor’s parent or legal guardian, or a valid court order.
D.
CA law prohibits a minor from being given psychotropic medication (except in some emergency situations) without the consent of the minor’s parent or legal guardian or a valid court order unless the minor is legally emancipated or self-sufficient and believed to be competent of giving informed consent him/herself.
Dr. Lewis, a licensed psychologist, regularly waives the co-payment for her low-income clients who are covered by insurance. She believes this is acceptable since she normally bills her clients using a sliding fee scale. In this situation, waiving the co-payment is:
A. Ethical since it is in the “best interests” of low-income clients.
B. Ethical as long as Dr. Lewis doesn’t bill the insurance company for an increased hourly fee in order to collect her full fee.
C. Ethical as long as the insurance company does not explicitly prohibit this arrangement.
D. Ethical only if the insurance company is aware of the arrangement.
D.
Most insurance companies agree to pay a specific percentage of a psychologist’s fee, and when a co-payment is waived, this means the insurance company is paying the entire fee. Consequently, waiving the co-payment without the permission of the insurance company represents insurance fraud and is both unethical and illegal.
The non-custodial parent of a child you are seeing in therapy sends you a written request for a summary of the child’s records. She says that she wants to show it to the child’s elementary school teacher. What should you do?
A. Send her a summary of the child’s records.
B. Ask to send the summary to the elementary school teacher.
C. Don’t give her the record because she is not the legal guardian of the child.
D. Allow her to view the records briefly.
A.
FC Section 3025 addresses access by parents who are divorced. It states that “notwithstanding any other provision of law, access to records and information pertaining to a minor child, including but not limited to, medical, dental, and school records, shall not be denied to a parent because such a parent is not the child’s custodial parent.”
Responsibility for the validity of information provided by a test scoring and interpretation service that a psychologist uses to make decisions about his/her clients lies with:
A. The scoring and interpretation service.
B. The test author(s).
C. The psychologist who uses the scoring and interpretation services.
D. The APA’s Testing Office.
C.
Guided by APA Ethics Code standard 9.09(b).
A psychologist would be violating test security when she:
A. Shows a patient the questions from a standardized test when discussing the results of the test with the patient.
B. Discusses a patient’s responses to several test items to help the patient understand why she received a low test score.
C. Provides a patient with the exact scale and subscale scores she received on a standardized test.
D. Engages in any of the activities described in the above answers.
A.
Test security is addressed in Standard 9.11 of the Ethics Code. It defines “test materials” as manuals, instruments, protocols, and test questions and states that “psychologists make reasonable efforts to maintain the integrity and security of test materials and other assessment techniques.” The Code also distinguishes between test materials and test data. Test data are defined as the “client’s/patient’s actual responses to test items, the raw or scaled scores such responses receive, and a psychologist’s written notes or recordings of the client’s/patient’s specific responses or behaviors during the testing.” In most circumstances, providing test data to a patient is acceptable and does not represent a breach of test security.
Based on complaints filed against Dr. Brianna Brill by a former client, the BOP determines that Dr. Brill may have a mental illness that is interfering with her ability to provide competent professional services, and it orders Dr. Brill to be evaluated by a designated psychologist. Dr. Brill believes the client’s complaint is unfounded and notifies the Board that, for this reason, she refuses to be evaluated. In response, the Board will most likely do which of the following?
A. Suspend or revoke Dr. Brill’s license.
B. Place Dr. Brill on probation.
C. Require Dr. Brill’s work with clients to be supervised.
D. Ask Dr. Brill to file a formal challenge to the client’s complaint.
A.
The situation described in this question is addressed in Sections 820 and 821 of the Business and Professions Code. Section 820 grants the Board the authority to order a licentiate to be examined by a designated professional when it determines that the licentiate “is unable to practice his or her profession safely because the licentiate’s ability to practice is impaired due to mental illness.” Section 821 states that the licentiate’s failure to comply with the Board’s order “shall constitute grounds for the suspension or revocation of the licentiate’s certificate or license.”
You have been treating Calvin, age 11, for uncooperative and aggressive behavior at school and poor academic performance. You receive a letter from the school principal requesting a copy of Calvin’s treatment records, and the request includes a signed release from the boy’s parents. You should:
A. Send the records as requested since Calvin’s parents have signed a release.
B. Send a summary of the treatment record that is written in a way that will reduce the likelihood of misinterpretation by the principal.
C. Send the portion of the treatment record that is relevant to Calvin’s school behavior.
D. Send a letter to the principal advising him that you cannot release the records to anyone other than a licensed mental health professional.
C.
Since Calvin’s parents have signed a release, you would send requested information to the principal with some limitations, and this answer is most consistent with your legal and ethical obligations when doing so. For example, Standard 4.04(a) of the APA’s Ethics Code states that “psychologists include in written and oral reports and consultations, only information germane to the purpose for which the communication is made.” In other words, you’d want to send only info. relevant to Calvin’s school behavior.
You receive a phone call from an attorney who says that she is representing a client of yours. The client is the defendant in a court case, and the attorney asks that you send her test data and other info. from the client’s record that is needed to assist with his defense. You should:
A. Release all of the requested info. after confirming that the attorney is, in fact, representing your client.
B. Release only a narrative summary of the client’s record after confirming that the attorney is, in fact, representing your client.
C. Release the requested info. to the attorney only after receiving a written authorization from the client.
D. Release only a narrative summary of the client’s record to the attorney after receiving a written authorization from the client.
C.
Evidence Code Section 1158 applies to this situation. It is consistent with HIPAA requirements and states: “Whenever, prior to the filing of any action or the appearance of a defendant in action, an attorney at law or his or her representative presents a written authorization therefore signed by an adult patient…[a psychologist] shall make all of the patient’s records under his, her, or its custody or control available for inspection and copying by the attorney at law or his or her representative, promptly upon the presentation of the written authorization.” Although test data is not explicitly mentioned in Section 1138, Standard 9.04 of the Ethics Code states that, “pursuant to a client/patient release, psychologists provide test data to the client/patient or other persons identified in the release.”
Alicia A. is a resident of Argentina and has a doctoral degree in clinical psychology from a South American university. Alicia has recently moved to CA and would like to provide therapy under the supervision of Dr. Joyce, who has been a licensed psychologist in CA for several years. Under which of the following circumstances can Alicia provide psychotherapy services under Dr. Joyce’s supervision?
A. Alicia has at least 3,000 hours of supervised experience in psychotherapy.
B. Alicia’s degree is from an accredited school, and she has at least 1,500 hours of supervised experience in psychotherapy.
C. Alicia is approved as a psychological assistant for Dr. Joyce by the CA BOP.
D. Alicia is a licensed psychologist in Argentina.
C.
Alicia may be employed as a psychological assistant by a licensed psychologist to provide limited psychological services if approved by the CA BOP.
Scott S. is being held for a second 14-day hold because he is suicidal. Scot may challenge this hold by:
A. Discussing his desire for a release with his psychiatrist.
B. Having a family member file a request for his release with the facility.
C. Requesting a Riese hearing.
D. Requesting a habeas corpus hearing.
D.
The right to challenge an involuntary commitment is addressed in WIC Section 5275, which states: “Every person denied by certification for intensive treatment shall have a right to a hearing by writ of habeas corpus for his or her release after he or she or any person acting on his or her behalf has made a request for release to either (a) the person delivering the copy of the notice of certification to the person certified at the time of the delivery, or (b) to any member of the treatment staff of the facility providing intensive treatment, at any time during the period of intensive treatment….”
WIC Section 15610 states that mandated reporters MUST report all of the following types of elder abuse EXCEPT:
A. Abandonment.
B. Isolation.
C. Financial abuse.
D. Emotional abuse.
D.
A mandated reporter must report the types of abuse described in answers A, B, and C. A mandated reporter MAY report other types of abuse (e.g., emotional abuse), but is not required to do so.
You are a psychologist who is treating a Mexican-American family that consists of a husbance and wife and two young girls. They have begun therapy because one of the young girls has a shoplifting problem and the other has a problem with and eating disorder. You realize during the first session that you and the father of this family are members of the same country club. You should:
A. Terminate therapy with this family immediately.
B. Ask the parents of this family what they would like to do.
C. Determine whether you can maintain your objectivity with this family.
D. Not concern yourself because this situation presents no ethical dilemma.
C.
Health and Safety Code Section 124260 states that a clinical psychologist may provide outpatient mental health services to a 10-year-old child without the consent of the child’s parents in which of the following situations?
A. The child presents a danger to him/herself.
B. The child understands the consequences of her behavior.
C. The child has been the victim of incest or child abuse.
D. None of the above.
D.
Section 124260(b) permits a minor who is at least 12 years of age to consent to outpatient mental health treatment or counseling services provided by a “professional person” when, in the opinion of that person, “the minor is mature enough to participate intelligently in the mental health treatment or counseling services.” In other words, this law does NOT permit a clinical psychologist to provide outpatient mental health services to a cihld under the age of 12 without the consent of the child’s parent or guardian.
A patient may file a complaint against a covered entity when the patient believes the covered entity has violated his/her privacyrights under HIPAA but must do so within ______ days of the date when the patient knew or should have known that the violation occurred.
A. 30
B. 60
C. 90
D. 180
D.
Procedures for filing a complaint against a health care provider for violating privacy right is addressed in HIPAA’s Privacy Rule (45 CFR Section 164.530). The complaint may be filed either directly with the entity where the violation occurred or with the U.S. Department of Health and Human Services Office of Civil Rights and must be filed within 180 days of the date when the patient knew or should have known the violation occurred.
A health provider may release a patient’s protected health information (PHI) for the purpose of clinical research:
A. Only with authorization from the patient.
B. With authorization from the patient or the approval of an IRB or Privacy Board.
C. When the potential value of the research results warrants release of the information.
D. Whenever the research is being conducted by an approved research facility or organization.
B.
The requirements of HIPAA’s Privacy Rule and CA Civil Code Section 56.10(c)(7) are inconsistent with regard to the release of info. for research purposes. However, the requirements of HIPAA pre-empt CA law because they are more stringent (i.e., they provide the client with greater privacy protection). According to the Privacy Rule, a patient’s PHI can be released without authorization from the patient for research purposes when (a) approval o do so has been granted by an IRB or Privacy Board; (b) the patient is deceased; or (c) a limited data set that excludes direct identifiers is provided under a data use agreement between the health provider and researcher.
