Law and Ethics Quiz

If a lawyer subpoenas a client's record without a release, and the therapist is unable to contact the client, the therapist should turn over the records.

False- Discuss it with the client. It could cause injury assert privilege for the client.

If parents are married, both must sign the informed consent to treat their minor child.

False- If parents are married, only 1 parent must sign the informed consent to treat their minor child.

A 12 year old can consent for treatment if he is mature enough to participate intelligently in treatment.

True

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

True

A clinician who receives a subpoena for the records of a minor client would not look to the parents of guardians for instructions on whether to release the records but would instruct the parents or guardians to petition the court for guardian ad litem status.

True

A group confidentiality contract is a good way to clarify clients responsibility and protect the clinician.

True

A therapist has 15 days to provide client with a copy of the records.

True

A therapist is mandated to report consensual sex between minors when they are between the ages of 14 and 18.

True

A therapist may deny client access to their records when the therapist determines that there is a high risk of detrimental consequences to the client if the client were to see the records.

True

A therapist may deny parents access to the minors records if the clinician believes releasing the records would have a detrimental effect on the therapeutic relationship

True

A therapist should document that he/she obtained informed consent for treatment from client.

True

Clients have the right to revoke or modify release authorizations at will.

True

Clients have the right to sue their clinician for abandonment.

True

Clinician should not engage in dual or multiple relationship with clients or former clients where here is a risk of potential harm to the client.

True

Clinicians are expected to recognize risk factors that can lead to actions resulting in harm to self or others.

True

Clinicians are required to differentiate between acute and chronic suicidal states and risk predictor variables.

True

Clinicians must take appropriate preventive measures to avert harm to suicidal clients.

True

Clinicians providing any treatment without a psychiatric consultation, when warranted, are considered to be practicing below the standard of care.

True

Clinicians should not engage in sexual activities or sexual contact with client's relatives or others with whom clients maintain a close personal relationship.

True

Clinicians should not provide clinical services to individuals with whom they have had a prior sexual relationship.

True

Clinicians should under no circumstances engage in sexual activities or sexual contact with current client's, whether such contact is consensual or forced.

True

HIPAA standards apply if a therapist accepts insurance and communicates with insurance via electronic means.

True

If a client had not had a complete medical evaluation in the last two years, a responsible and prudent clinician should refer the client for a complete medical check-up.

True

If a client initiates a lawsuit claiming emotional injury, attorneys for the opposing side are entitled to see client's records.

True

If a minor consent to his own treatment he is responsible for the fee.

True

If a therapist learns that a client had sex with a previous therapist he should provide the client with the brochure from the BBS outlining their rights and discuss the brochure's contents.

True

If a therapist's records are stolen, the therapist should file a police report and notify the clients.

True

If the client has a legally designated conservator or guardian and ad litem, then that person may exercise privilege on their behalf.

True

In all instances, minors in California hold the patient-psychotherapist privilege.

True

It is illegal and considered unprofessional conduct to engage in sexual relations with a client within two years following termination of therapy,

True

Managing confidentiality is a legal and ethical issues.

True

Not keeping mental health records that meet the standard of care is considered illegal and unprofessional conduct.

True

Privilege is suspended if either client or therapist sues the other.

True

Privilege is the right of the client to maintain confidentiality regarding the legal system.

True

Professional duty begins as soon as the client enters into an implicit or explicit therapeutic contact.

True

Providing informed consent to clients is required of health practitioners.

True

Providing treatment or services that fall below the standard of care is considered as acting illegally and with unprofessional conduct.

True

Social isolation of an elder or dependent adult is a mandate report.

True

Statements made by a client's immediate family members regarding the client's serious danger to harm someone must be considered in Tarasoff situations.

True

Termination may not be appropriate when a client is hospitalized, in crisis, or actively suicidal.

True

The expectations to confidentiality are by a client's written consent to release information or a legal mandate or legal permission to release information.

True

The legal requirement for a 5150 or involuntary hold include when a person is a danger to self or other due to mental illness or he is gravely disabled.

True

The parent or guardian must provide legal consent for a minor's treatment if the minor is under 12.

True

The term privilege relates to the release of information in a legal setting.

True

The therapist has an ethical and legal duty to inform client of possible outcomes of treatment in order to remain within his standard of cares.

True

The therapist is obligated to break confidentiality if there is reasonable suspicion of child abuse.

True

Therapist have a professional duty to know when a specialist should be utilized.

True

Therapist have a professional duty to know when hospitalization is required.

True

Therapist have an ethical professional duty to collaborate or refer to improve and protect the health and wellbeing of their client.

True

Therapist have an ethical responsibility to take reasonable care in maintaining client confidentiality while using electronic devices.

True

Therapist should avoid initiating treatment when there is a known dual relationship.

True

Therapist should document their reasons for filing an abuse report.

True

Therapist should explain how fees will be managed, including in the event that the client has not paid his fees.

True

Use of the Mental Status Exam by clinicians is considered a reasonable and prudent step in assessing a client.

True

When a clinician faces a legal action against them initiated by the client, the BBS or district attorney, the therapist is permitted to break confidentiality.

True

When a clinician provides services to two or more people who have a relationship to each other as couples, family members the clinician should clarify the nature of his or her professional responsibilities to each individual.

True

When a person is unable to provide food, clothing, and shelter for himself due to a mental disorder, he is considered gravely disabled.

True

When termination is initiated by the therapist, consultation is important to ensure that the therapist's reasons for termination and management of the termination process are consistent with community standards and the standard of care.

True

When treating a couple, the clinician only needs informed consent from one of the individuals.

True

When there is a request for information related to any aspect of psychotherapy, each member of the treatment unit should sign the authorization before the disclosure of information.

True - 12 years and over

A clinician can be deemed legally negligent when his treatment plan neglects or overlooks a client's suicidal tendencies.

True - A clinician must include history of past suicidal attempts.

A therapist may provide services without consent for treatment if the client is in crisis.

True - But get the consent soon afterwards.

If a 13 year old is having consensual sex with her 15 year old boyfriend, the therapist must file a child abuse report.

True - Client is under 14 years old.

A therapist may deny parents access to the minors records if the minors wellbeing would be jeopardized by releasing records to a parent.

True - Client would be in danger.

Termination rights for both the clinician and the client should be included in the treatment contract.

True - Discuss how termination is dealt with.

A professional will explains who is responsible for a therapist's files and clients if the therapist dies.

True - Discuss with the new therapist.

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

True - Especially for things out of the norm.

Clinician should take additional steps if necessary to insure a client's comprehension of the informed consent contract.

True - Especially if the client speaks another language.

If a new client indicates signs of hopelessness and depression, a prudent therapist would assess for suicide.

True - Ethical falls under the standard of care.

If parents are unmarried, either of them may consent for treatment of a child.

True - If parents are divorced determine who has custody.

The purpose of HIPPA is to standardize electronic patient health administrative and financial data.

True - Internet and health insurance

It is a therapist legal duty to challenge a denial or services from an insurance company.

True - It is a standard of care. Example if a insurance denies the claim then you should challenge it.

The therapist should refrain from bartering for services.

True - It is acceptable if it by the client.

Therapist should inform clients, to the extent possible, about the disclosure of confidential information and potential consequences, when feasible before the disclosure is made.

True - Its our duty to explain to client.

Couples should be informed that both reconciliation and divorce are possible outcomes of therapy.

True - Let the client know it could be either one.

Parents have the right to access their child's medical records.

True - Only if they consented to the records.

Therapist are required to obtain written consent from a parent or guardian before releasing any confidential information about a minor client.

True - Person who signs consent signs the release.

Clinicians have a professional duty to discuss wit their clients how insurance companies will manage their confidential information.

True - Primarily discuss what information will be shared.

A therapist is mandated to break confidentiality if there is reasonable suspicion of elder abuse.

True - Remember the person needs to be 65 years or older.

If a therapist uses the term psychotherapy or psychotherapist in advertisements he must include his license number.

True - The name can be printed out or abbreviated but license must be included.

Telemedicine is acceptable only if the client resides in California

True - Therapist can with residents of California. The client can travel and do therapy.

Therapist must maintain mental health records.

True - This is a Legal and Ethical responsibility.

When obtaining a release of information, all members of the treatment unit who are old enough to consent should sign the release.

True - To sign the release the client must be 12 years old or older.

A clinician is mandated to report all child abuse, including on children residing outside the state of California.

True - You would make the report to the state of California.

Making a child abuse report to a state other than California is considered a breach of confidentiality.

True -Make child abuse report only in California.

I am going to pass this exam!!!

True!!!

If a 15 year old is having consensual sex with a 21 year old boyfriend, the therapist must file a child abuse report.

True- Only if she is under the age of 14. Client has to be old enough to drive meaning 16 years old.

When a client has a guardian ad litem, conservator or trustee, that individual holds privilege.

True- These 3 persons are appointed by the court.

Dual relationships between supervisors and supervisees are considered unprofessional conduct.

True- They can have professional relationships.

A therapist has a legal right to withhold a client's records if he has not paid his fees.

False

If a 13 year old seeks and consents for his own treatment, his parents still have a legal right to access his records.

False

If a 16 year old is having consensual sex with her 21 year old boyfriend, the therapist must file a child abuse report.

False

If a therapist learns that client had sex with a previous therapist he should file a complaint with the BBS.

False

Parents may exercise the privilege on behalf of their child simply because they are that child's parents.

False

Performing any professional services outside the scope of the license is acceptable if explained to the client.

False

Providing false information to an insurance for the purpose of obtaining treatment is ethically acceptable.

False

Client's records are the property of the client.

False - A client's records are the property of the therapist.

Any advertisements must include either the exact title of the practitioner's license or the license number.

False - A clinician must have license printed or abbreviated.

A therapist should keep records for a minimum of 5 years to meet standards of the profession.

False - A clinician must keep records 7 years.

A Tarasoff condition only exists if a serious threat to harm an identifiable victim, is made by the client.

False - Also if family members says so.

If a client makes a threat to harm an identifiable other, the therapist should warn the police.

False - Client needs to provide therapist with a plan. Therapist needs to clarify the nature or if he has a plan.

If therapist suspects that colleague is unable to perform his professional duties due to personal issues for example substance abuse, mental health problems, the therapist should first report him to BBS.

False - Confront the colleague.

In an HIV + client discloses intent to have unprotected sex with someone, the therapist has a legal duty to warn that individual.

False - HIV is protected under confidentiality.

Therapist are mandated to report domestic violence.

False - It becomes true if a child is exposed to it. Then you would have to report child abuse.

It is ethical to accept gifts from clients.

False - It depends on the gift. You can accept a gift. Take into account value and impact on relationship with the client.

Therapist should terminate services if they wish to pursue a social financial, or sexual relationship with a client.

False - It is against the law.

It is illegal but unethical to advertise false skills and specialties.

False - It is illegal and unethical.

It is unethical but legal to receive compensation for the referral of professional clients.

False - It is unethical and illegal to receive compensation.

If a client has a plan to vandalize someone's car, the therapist should warn the police.

False - Maintain confidentiality. No because it is property.

When informed of elder or dependent adult abuse, a therapist must make the report immediately and follow up with a written report within 3 working days.

False - No therapist needs to follow up within 2 working days.

When dual or multiple relationships are unavoidable, clients are responsible for setting clear, appropriate boundaries.

False - No, the therapist is responsible to set clear boundaries not the client.

When filing a report, the therapist is allowed to share any information about the case that he or she thinks is relevant.

False - No, the therapist will only provide enough information in order to prove reasonable suspicion.

The clinician is responsible for providing appropriate referrals for continuity of care when the client initiates termination.

False - Only of Therapist terminates he is responsible to provide referrals.

If a husband calls about information about his wife who is in treatment, the therapist should exert privilege.

False - Privilege is only done during legal proceedings.

If a therapist receives a court order for a clients records, the therapist should exert privilege.

False - Privilege is only for a subpoena.

A therapist should immediately terminate treatment with a client if the therapist is unable to effectively manage his countertransference.

False - Seek consultation

Someone over the age of 60 is considered an elder.

False - The Elder needs to be 65 years or older.

Clinicians have 3 working days following a written request from a client to allow the client to inspect records.

False - The clinician has 5 working days following a client's written request to inspect records.

If a client makes a threat to an unidentifiable victim, the therapist must warn the police.

False - The person must be identifiable.

If a 65 year old woman shares that her husband hit her, the therapist should report domestic violence to the police.

False - The therapist wants to report elder abuse because the client is 65 years old.

When informed of child abuse, a therapist must make an immediate report and follow up with a written report within 24 hours.

False - Therapist must follow up within 36 hours.

Minors may only consent to their own treatment if they are over the age of 12 and are victims of abuse.

False - They don't have to be victims of abuse.

A therapist must obtain signed informed consent prior to treatment.

False - This applies only if client is a minor. You must document that you received it.

Changing a client's diagnosis to ensure payment by insurance is acceptable with client's consent.

False - This is considered to be illegal and unethical.

If another clinician contacts you stating that he has a release, you may provide the information requested.

False - This is not enough. You need to see the release. Or you should get a release from the client on your end.

Legally, a therapist must disclose the fee for service by the end of the first session.

False - This should be done before the unset of therapy.

A therapist has a legal duty to prevent suicide.

False - We have the legal right to manage suicide.

A therapist is obligated to break confidentiality if he client is suicidal.

False - You are permitted not obligated to break confidentiality.

Therapist should investigate child abuse if they have reasonable suspicion.

False - You can assess if you have suspicion not investigate.

When a client is over 18 years of age and discloses abuse he experienced as a child, the therapist is mandated to report it.

False - You do not have to report an adults suicidal history of when he was under 18 years old.

Ignorance of the law is an acceptable legal defense for injuring client's.

False - You need to know the law in order to keep client's safe.

A therapist needs signed consent written consent to provide treatment.

False - You need written consent.

If a therapist observes an act of child abuse while shopping at the mall the therapist is mandated to make a report.

False- Because you are not in the capacity.

When treating minors. It is the parent who holds privilege.

False- Client always holds the privilege.

A clinician can hospitalize a client when the client's mental or physical state causes him to be in imminent danger of harming self or others.

False- Clinicians do not hospitalize we initiate 5150.