Law and Ethics Study Set

WAC 246-811 *What are the Suicide training requirements for the CDP?*

*Every six years, must have at least three hours of training in suicide assessment, screening and referral* (d) The training in suicide assessment listed in subsection (2) of this section shall count towards meeting the CE requirements. (2) Beginning January 1, 2014, at least once every six years a SUDP must complete at least three hours of training in suicide assessment, including screening and referral, as specified in WAC 246-811-280.

*True or False* A SUD counselor must give appropriate credit for ideas and the formulation of ideas to their originators in written communication by obtaining written permission from the author or payment of a royalty, but this is not necessary for spoken communication.

*False*

*True or False* A client does not have to give his or her consent to participate in a research study if it is certain that the project will not be harmful to him or her in any way.

*False*

*True or False* If Jane was 15-years-old instead of 28-years-old, the addiction counselor would not have to obtain permission from Jane to release information to her parents.

*False*

*True or False* If a third party is paying for a client's treatment services, the third party has a legal right to review the client's records upon request.

*False*

*True or False* It is ethical for a SUD counselor to develop a sexual relationship with a former client as long as two or more years have passed since the therapeutic relationship was terminated.

*False*

*True or False* It is ethical for a SUD counselor to refuse to treat a client due to a religious or spiritual conflict, as long as the counselor explains to the client why he or she is refusing treatment.

*False*

*True or False* Jane is 28-years-old, but the SUD counselor must inform Jane's parents about her treatment since they are paying for it.

*False*

RCW 18-205 *How is a trainee supervised?*

*First Fifty hours are under direct observation, the remaining are under supervision.* A trainee certified under this section may practice only under the supervision of a certified substance use disorder professional. *The first fifty hours of any face-to-face client contact must be under direct observation*. All remaining experience must be under supervision in accordance with rules adopted by the department.

WAC 246-811 *How many times may a SUDPT certification be renewed?*

*Four Times* A SUDPT certificate can only be renewed four times.

RCW 18-205 *How many times can a SUDPT certification be renewed?*

*Four Times* A trainee certification may only be renewed four times.

RCW 18-205 *How many times can an applicant take the certification examination?*

*Four Times* Any applicant failing to make the required grade in the first examination may take up to three subsequent examinations as the applicant desires upon prepaying a fee determined by the secretary under RCW 43.70.250 for each subsequent examination. Upon failing *four examinations*, the secretary may invalidate the original application and require such remedial education before the person may take future examinations.

WAC 246-811 *What areas of study for the Continuing Education hours?*

*Four in Ethics and Law* *Ten in Various Phases of Professional Career* *Suicide* At least fourteen hours must be completed in one or more of the topic areas as described in (b) At least *four hours must be in professional ethics and law.* (c) The additional ten hours shall be in areas relating to the various phases of their professional career. (d) The training in suicide assessment listed in subsection (2) of this section shall count towards meeting the CE requirements. (2) Beginning January 1, 2014, at least once every six years a certified chemical dependency professional must complete at least three hours of training in suicide assessment, including screening and referral, as specified in WAC 246-811-280.

Class Lecture *How many times can you renew your SUDPT?*

*Four times for up to Five Years Total* The substance use disorder professional trainee (SUDPT) credential expires yearly on the date of issuance. *You can renew the SUDPT four times for a total of five years.*

WAC 246-811 Definitions *What is defined as related fields?*

*Health Education* *Behavioral Science* *Sociology* *Psychology* *Marriage and Family Therapy* *Mental Health Counseling* *Social Work* *Psychiatry* *Nursing* *Divinity* *Criminal Justice* *Counseling Education* Related field means health education, behavioral science, sociology, psychology, marriage and family therapy, mental health counseling, social work, psychiatry, nursing, divinity, criminal justice, and counseling education.

RCW 18-205 *Can you transfer your SUD credentials from another state or do you need to retake the exam?*

*If the secretary determines the other state's credentially standards are equivalent* An applicant holding a credential in another state may be certified to practice in this state without examination if the secretary determines that the other state's credentialing standards are substantially equivalent to the standards in this state.

WAC 246-811 *What constitutes as continuing education formats?*

*Instructor Led courses* *Industry recognized speaker(s) or panel* *Distance Learning* *Agency Sponsored Training* *Accredited Course Work* *In-service training programs limited to seven hours per reporting period* (1) Programs having a featured instructor, speaker(s) or panel that is industry recognized; (2) Distance learning programs; (3) Agency sponsored trainings; (4) Course work at institutions of higher learning that are accredited by a national or regional accrediting body recognized by the commission on recognition of postsecondary accreditation; or (5) In-service training programs limited to seven hours per reporting period.

Guidelines for Professional Ethical Decision Making *Questions to Ask*

*Is this a professional ethical problem*, or is it a matter in which my personal values and moral code are in conflict with professional standards of conduct? What ethical principle is in question here? What is the underlying philosophy of the principle? What are the short term consequences ? What are the long term consequences? Who might be damaged by my decision/action? Who might be helped? Whose interests should come first in this case? *Do I need feedback from someone? If so, whom?* *If questioned about this decision by an objective third party, how would I justify it?*

WAC 246-811 *When may a SUDP or SUDPT engage sexually with a former client?*

*Never* A substance use disorder professional or a SUDPT *shall never* engage, or attempt to engage, in the activities listed in WAC 246-16-100(1) with a former patient, former client or former key party.

Tribal Court *Do tribal reservations follow federal laws?*

*No* Conquered sovereign nations allowed to have their own laws for captured people's

NAADAC Test *Does the NAADAC test on state laws and regulations?*

*No* Only on federal

Is A.A. a Religion? *What are the two lawsuits complaining about?*

*Required attendance at AA meetings are a violation of the first amendment or separation of church and state*

WAC 246-811 *How long is your prior related experience valid and still applicable?*

*Seven Years* The department will consider experience in the field of SUDs up to *seven years* prior to the date of application.

Is A.A. a Religion? *Does AA mandate any rules or beliefs?*

*The Twelve Steps are not rules, only suggestions.* It is commonly said "there are no must's in A.A." (Although a Grapevine article does say that there are a lot of ""you better''s""—IF you wish to stay sober). There are no sins against A.A. norms, nor any sanctions—again, most uncharacteristic of religion.

RCW 18-205 *What happens if an applicant fails the exam the max times?*

*The original application may be invalidated by the secretary and the person may be required to remedial education before being allowed to take the exam again* Upon failing *four examinations*, the secretary may invalidate the original application and require such remedial education before the person may take future examinations.

*True or False* A SUD counselor must inform the client if he or she intends to audio or video record a treatment session.

*True*

*True or False* A SUD counselor must not accept any gifts of any significance from clients, other treatment organizations or the providers of materials or services used in his or her practice.

*True*

*True or False* A SUD counselor who has any knowledge of another counselor's impairment is obligated to report the impairment to the proper authorities, depending on the procedures already in place.

*True*

*True or False* Due to scheduling changes in a treatment facility, Ralph, a 47 year old client, is transferred from one counselor to another. During the first session, Ralph constantly complains about his first counselors methods. If the second SUD counselor truly believes that the first SUD counselor is using harmful treatment methods with his clients, he or she is required to report this information to the appropriate authorities.

*True*

A SUDP is required to complete 40 hours of continuing education every two years.

*True*

*True or False* A SUD counselor/treatment facility must maintain a client's records for a minimum of six years from date of discharge.

*True* WAC 246-341-0425

RCW 18-205 *What is the governing act for issuance & denial of certificates, unauthorized practice and disciplining authority?*

*Uniform Disciplinary Act* The *uniform disciplinary act*, chapter 18.130 RCW, shall govern the issuance and denial of certificates, unauthorized practice, and the discipline of persons certified under this chapter. The secretary shall be the disciplining authority under this chapter.

*What programs exist for professionals to go for rehabilitation?*

*WRAMP* Washington Recovery and Monitoring Program

Is A.A. a Religion? *Is AA spiritual?*

*Yes, it is a very spiritual program* On the other hand, it is true that A.A. is an intensely spiritual program, so it is important to be clear on the difference between spiritual and religious.

The Lewis County Drug Court is ___________. a. A deferred-adjudication program that provides eligible defendants the opportunity to receive drug treatment in lieu of incarceration. b. A program that helps drug affected individuals who deal drugs to stop dealing c. A preparatory program that helps defendants prepare for trial on drug charges d. A diversionary program for youthful offenders who are expelled from school due to possession of drugs and/or paraphernalia

*a. A deferred-adjudication program that provides eligible defendants the opportunity to receive drug treatment in lieu of incarceration.* b. A program that helps drug affected individuals who deal drugs to stop dealing c. A preparatory program that helps defendants prepare for trial on drug charges d. A diversionary program for youthful offenders who are expelled from school due to possession of drugs and/or paraphernalia

The goal of the Lewis County Drug Court is ____________. a. AII of the following b. Reduce crime c. Enhance public safety d. Reduce substance abuse

*a. AII of the following* b. Reduce crime c. Enhance public safety d. Reduce substance abuse

_________________ for SUDP licensure must be specific to alcohol and drug addicted individuals* a. Forty five college credits of education b. Nine college courses of less than four credits c. Ninety college credits of education d. A minimum of three five credit courses

*a. Forty five college credits of education* b. Nine college courses of less than four credits c. Ninety college credits of education d. A minimum of three five credit courses

Which of the following contributes the most to the high turnover rate in the SUD profession? a. Lack of self-care b. Patient treatment recidivism rates c. Lack of opportunities to practice as a SUDP d. Excessive requirements for continuing education

*a. Lack of self-care* b. Patient treatment recidivism rates c. Lack of opportunities to practice as a SUDP d. Excessive requirements for continuing education

Which of the following is *NOT* a basic premise of our societal obligation as a SUDP? a. Leading a temperance movement b. Engaging in legislative processes c. Educating general public about chemical dependency d. Working to change public policy

*a. Leading a temperance movement* b. Engaging in legislative processes c. Educating general public about chemical dependency d. Working to change public policy

In court _______________represent the interests of the child* a. The guardian ad litem b. The power of attorney c. Court social worker d. Judge

*a. The guardian ad litem* b. The power of attorney c. Court social worker d. Judge

*Multiple Choice* Which principle of the NAADAC Code of Ethics should be considered before releasing the requested information to Jane's parents? A. non-discrimination: access to treatment B. trustworthiness: accurate representation C. client welfare: confidentiality D. duty of care: competence

A. non-discrimination: access to treatment B. trustworthiness: accurate representation *C. client welfare: confidentiality* D. duty of care: competence

*Multiple Choice* If Jane (15 years old) does not wish for the SUD counselor to communicate with her parents but her parents are threatening to deny payment of her future treatment, the SUD counselor must consider which principle from the NAADAC Code of Ethics? A. preventing harm: duty to warn/report B. trustworthiness: intellectual property C. client relationship: professional loyalty D. dual relationships: exploitation

A. preventing harm: duty to warn/report B. trustworthiness: intellectual property *C. client relationship: professional loyalty* D. dual relationships: exploitation

*Multiple Choice* A client's release of information must include the ______. A. professional credentials of the witness B. client's social security number C. revocation statement D. date client entered treatment

A. professional credentials of the witness *C. revocation statement* B. client's social security number C. revocation statement D. date client entered treatment

*Multiple Choice* The Tarasoff v. Board of Regents of the University of California decision highlights the importance of which of the following? A. protecting suicidal clients B. multicultural counseling C. duty to warn D. confidentiality toward successful treatment

A. protecting suicidal clients B. multicultural counseling *C. duty to warn* D. confidentiality toward successful treatment

*Multiple Choice* An informed consent contract must contain all of the following except ______. A. the type of treatment services to be delivered B. the cost for the treatment services rendered C. where the treatment services will take place D. why the specific treatment services were selected

A. the type of treatment services to be delivered B. the cost for the treatment services rendered C. where the treatment services will take place *D. why the specific treatment services were selected*

Vocabulary *Ethics*

A set of moral principles

Is A.A. a Religion? *Does AA endorse any religious affiliation?*

AA traditions *6 and 10* so clearly reject any affiliation or even endorsement of anything like a church

*Consent for release of confidential information is required prior to informing a _____________.* a. Clerk of the court the patient's status in treatment b. Patient's attorney of an assessment outcome c. Patient's health insurance provider for pre-authorization d. All of above

All of above

*When a counselor is charged with a violation of the Uniform Disciplinary Act, he or she is __________ to defend the against the charge.* a. Entitled to pursue criminal action in criminal court b. Entitled to pursue civil action against their accuser c. Entitled to pursue civil action in administration court d. Is not entitled to legal representation

Entitled to pursue civil action in administration court

Confidentiality *How is the Patient Identified?*

Privacy Rule - medical record #'s are Patient Health Identification *Not Social Security Numbers*

Confidentiality *Confidentiality change in 2000*

Must comply with both 42 CFR part 2 and HIPAA

*Can legend drugs be used a defense?*

No, even if prescribed, not a defense

Which of the following most accurately represents the scope of practice for a SUDP/SUDPT working with families? a. Meeting one on one with the family to resolve intra-familial conflicts b. SUDP's and SUDPT's are not allowed to work with families c. Providing psycho-education to families or couples in group lectures and process formats d. Representing the needs of the family while working with patients

a. Meeting one on one with the family to resolve intra-familial conflicts b. SUDP's and SUDPT's are not allowed to work with families *c. Providing psycho-education to families or couples in group lectures and process formats* d. Representing the needs of the family while working with patients

Which of the following is addressed in the NAADAC Code of Ethics? a. Only trustworthiness b. Only client welfare c. Only dual relations d. Trustworthiness, client welfare, and dual relationships

a. Only trustworthiness b. Only client welfare c. Only dual relations *d. Trustworthiness, client welfare, and dual relationships*

The rights of a child are considered* a. Only when CPS in not involved in a child custody case b. Paramount to the rights of the parent c. Equal to the rights of the parent d. Only when involved with family court

a. Only when CPS in not involved in a child custody case *b. Paramount to the rights of the parent* c. Equal to the rights of the parent d. Only when involved with family court

Which of the following is *NOT* a basic premise of client welfare? a. Professional loyalties need to be disclosed to the patient b. Welfare of the client is paramount c. Encouraging client to share story with legislators who fund treatment programs d. Ensure safety and privacy of the client

a. Professional loyalties need to be disclosed to the patient b. Welfare of the client is paramount *c. Encouraging client to share story with legislators who fund treatment programs* d. Ensure safety and privacy of the client

A SUDPT qualified supervisor must do which of the following prior to a SUDPT's beginning the first hours of directly observed client contact. a. Provide ethics training. b. Provide in writing the their qualifications to be a SUDPT qualified supervisor c. To instruct the SUDPT regarding the process of assessment interviewing d. To provide the SUDPT with training in non-violent intervention skills

a. Provide ethics training *b. Provide in writing the their qualifications to be a SUDPT qualified supervisor* c. To instruct the SUDPT regarding the process of assessment interviewing d. To provide the SUDPT with training in non-violent intervention skills

Being under the influence of a legend drug used pursuant to the laws of the state is* a. Requires a MD's testimony to affirm the reason for prescribing the drug b. An affirmative defense in court regarding charge of DUI c. Requires a pharmacist to testify regarding effects of the drugs dosage on driving or operating machinery d. Not an affirmative defense in court regarding charge of DUI

a. Requires a MD's testimony to affirm the reason for prescribing the drug b. An affirmative defense in court regarding charge of DUI c. Requires a pharmacist to testify regarding effects of the drugs dosage on driving or operating machinery *d. Not an affirmative defense in court regarding charge of DUI*

In the section of law relating to the abuse of children the term "abuse or neglect" means __________________. a. The child's conduct towards parents that physically, emotionally, verbally or sexually inappropriate b. The injury, sexual abuse, sexual exploitation, negligent treatment or maltreatment of a child c. Any parenting practice that involves spanking, hitting or verbally scolding of a child d. Requiring a child to adhere to family and/or household rules that the child finds objectionable

a. The child's conduct towards parents that physically, emotionally, verbally or sexually inappropriate *b. The injury, sexual abuse, sexual exploitation, negligent treatment or maltreatment of a child* c. Any parenting practice that involves spanking, hitting or verbally scolding of a child d. Requiring a child to adhere to family and/or household rules that the child finds objectionable

RCW 18-205 Vocabulary *Committee*

"Committee" means the chemical dependency certification *advisory committee* established under this chapter.

RCW 18-205 Vocabulary *Department*

"Department" means the department of health.

RCW 18-205 Vocabulary *Secretary*

"Secretary" means the secretary of health or the secretary's designee.

Sexual Misconduct *Time Frame Exception*

*!!!!! Never !!!!!!*

Class Lecture *Age of Consent for outpatient/inpatient care in WA?*

*13 years of age or older* RCW 71.34.530 RCW 71.34.500

*Age of Consent in WA?*

*13* - but not for evasive procedures i.e. abortions or surgery, for that you must inform parents.

Class Lecture *Age of Sexual Consent in WA?*

*16*

*Multiple Choice* A(n) _______ must be obtained before releasing any information regarding Jane (15 years old) to her parents. A. confidentiality release form B. intended used statement C. signature of recipient D. reason for wanting the requested information

*A. confidentiality release form* B. intended used statement C. signature of recipient D. reason for wanting the requested information

*Multiple Choice* It is the substance use disorder counselor's responsibility to terminate treatment of a client when ______. A. it is clear that the client is no longer benefiting from the treatment B. the client is no longer able to afford the treatment services C. the client does not want to participate in treatment any longer D. transference is occurring by the client

*A. it is clear that the client is no longer benefiting from the treatment* B. the client is no longer able to afford the treatment services C. the client does not want to participate in treatment any longer D. transference is occurring by the client

*Multiple Choice* Federal law permits information to be released without client permission in the case of _____. A. suspected child abuse or neglect B. request from an attorney C. suspected violent tendencies D. request from a client's spouse

*A. suspected child abuse or neglect* B. request from an attorney C. suspected violent tendencies D. request from a client's spouse

Text Book *Ethical Values*

*Autonomy* - Enhance freedom of personal destiny *Obedience* - Obey legal and ethically permissible directives *Beneficence* - Help others *Gratitude* - Pass good along to others *Justice* - Be fair, distribute by merit *Stewardship* - Use resources judiciously *Honesty and Candor* - Tell the truth *Fidelity* - Don't break promises *Loyalty* - Don't abandon *Diligence* - Work hard *Discretion* - Respect confidentiality and privacy *Self-improvement* - Be the best that you can be *Nonmaleficence* - Don't hurt anyone *Restitution* - Make amends to persons injured *Self-Interest*- Protect yourself Pages 9-10

RCW 18-205 Vocabulary *What allows a SUDP or SUDPT to practice?* a. Permit b. Qualification c. License d. Certification

*Certification* "Certification" means a voluntary process recognizing an individual who qualifies by examination and meets established educational prerequisites, and which protects the title of practice.

Mandatory Reporting *Report to whom?*

*Credentialed health care providers* are required to report any arrests, convictions, and other determinations by law enforcement agencies to the *appropriate disciplining authority.* Must report to the state, *not to employer.* WAC 246-16

WAC 246-811 *What college / education requirements are needed to get a SUDP certification?*

*Either a AA in human services or related field* or *Ninety Quarter or Sixty Semester College Credits* or *Forty-Five Quarter or Thirty Semester Credits* (a) An associate's degree in human services or related field from an approved school; or (b) Successful completion of ninety quarter or sixty semester college credits in courses from an approved school. (2) At least forty-five quarter or thirty semester credits must be in courses relating to the SUD profession and shall include the following topics specific to alcohol and drug addicted individuals:

WAC 246-811 *How often must a SUDP complete Continuing Education requirements?*

*Every Two Years* A SUDP must complete the continuing competency program requirements every two years.

Confidentiality *When confidentiality may be breached/disclosed*

1. *Communications within a program/Agency Level Confidentiality* 2. Information given to a Qualified Service Organization 3. Information given to law enforcement personnel investigating a patient's commission of a crime on the program premises or against program personnel 4. *Child abuse or neglect reports - mandatory reporting requirements* 5. *Patient consent / ROI* 6. *Medical emergencies* 7. *Research activities* 8. Audit/evaluation activities 9. Court order or subpoena signed by a *judge* 42 CFR 2.12

Is A.A. a Religion? *What constitutes a religion?*

1. *Creed or system beliefs* 2. *Code or morals/behaviors* 3. *Manner of worship*

Reading *When DOT drug testing is required?*

1. *Pre-employment* - before actually doing a job is to perform safety-sensitive functions for the first time. 2. *Post Accident* - after an accident when employee performance could of contributed to accident 3. *Reasonable Cause* - when trained supervisor observes behavior or appearance characteristic of ETOH or drug use 4. *Random* - unannounced in a random fashion before, during or after conducting safety sensitive functions 5. *Return to Duty* - when coming back to work from a intoxication violation after testing positive before returning to safety sensitive function 6. *Follow up* - conducted on a random, unannounced basis on individuals who have tested positive, have returned to duty, and now may be subject to additional testing for up to *sixty months (five years)*

Uniform Disciplinary Act *What is Considered Unprofessional Conduct?*

1. The commission of any act involving *moral turpitude, dishonesty, or corruption* relating to the practice of the person's profession, whether the act constitutes a crime or not. 2. *Misrepresentation or concealment* of a material fact in obtaining a license or in reinstatement thereof. 3. All advertising which is *false, fraudulent, or misleading.* 4. *Incompetence, negligence, or malpractice* which results in injury to a patient or which creates an unreasonable risk that a patient may be harmed. 5. Suspension, revocation, or restriction of the individual's license to practice. 6. Except when authorized by RCW 18.130.345, the possession, use, prescription for use, or distribution of controlled substances or legend drugs in any way other than for legitimate or therapeutic purposes for oneself. 7. Violation of any state or federal statute or administrative rule regulating the profession in question. 8. Failure to cooperate with the disciplining authority. 9. Failure to comply with an order issued by the disciplining authority. 10. *Aiding or abetting an unlicensed person to practice when a license is required.* 11. *Violations of rules established by any health agency.* 12. *Practice beyond the scope of practice as defined by law or rule.* 13. Misrepresentation or fraud in any aspect of the conduct of the business or profession. 14. Failure to adequately supervise auxiliary staff to the extent that the consumer's health or safety is at risk. 15. Engaging in a profession involving contact with the public while suffering from a contagious or infectious disease involving serious risk to public health. 16. *Promotion for personal gain of any unnecessary or inefficacious drug, device, treatment, procedure, or service.* 17. Conviction of any gross misdemeanor or felony relating to the practice of the person's profession. 18. *The procuring, or aiding or abetting in procuring, a criminal abortion.* 19. The offering, undertaking, or agreeing to cure or treat disease by a secret method, procedure, treatment, or medicine, or the treating, operating, or prescribing for any health condition by a method, means, or procedure which the licensee refuses to divulge upon demand of the disciplining authority. 20. The willful betrayal of a practitioner-patient privilege as recognized by law. 21. Violation of chapter 19.68 RCW. 22. Interference with an investigation or disciplinary proceeding by willful misrepresentation of facts before the disciplining authority or its authorized representative. *23. Current misuse of: a. Alcohol b. Controlled substances c. Legend drugs* *24. Abuse of a client or patient or sexual contact with a client or patient* 25. *Acceptance of more than a nominal gratuity, hospitality, or subsidy offered by a representative or vendor of medical or health related products or services intended for patients.*

WAC 246-811 *Continuing competency program requirements*

28 hours in continuing 12 hours in professional development

Confidentiality *Confidentiality*

42 CFR Part 2 or Part 2 Early 1970's

Vocabulary *Boundary*

A *lines of demarcation* that defines what is and is not appropriate in the helping relationship.

Vocabulary *Fiduciary Relationship*

A relationship between a caregiver and a client where the caregiver has *special legal and ethical obligations.*

*Multiple Choice* Due to scheduling changes in a treatment facility, Ralph, a 47 year old client, is transferred from one counselor to another. During the first session, Ralph constantly complains about his first counselors methods (which are evidence-based). An ethically appropriate response to Ralph from the second SUD counselor could be __________. A. "I will report your concerns to the Ethics Committee." B. "I have heard this before from other clients." C. "I am sure it was not that bad, Ralph." D. "I am sorry you did not have a good experience with your first counselor. How can I help you?"

A. "I will report your concerns to the Ethics Committee." B. "I have heard this before from other clients." C. "I am sure it was not that bad, Ralph." *D. "I am sorry you did not have a good experience with your first counselor. How can I help you?"*

*Multiple Choice* Effective informed consent procedures include all of the following except ______. A. a discussion of the nature and effectiveness if services B. a reduction in the client's misunderstanding C. should not be in written form D. minimizes the odds of liability claims

A. a discussion of the nature and effectiveness if services B. a reduction in the client's misunderstanding *C. should not be in written form* D. minimizes the odds of liability claims

*Multiple Choice* Documentation of clinical services must be _____. A. completed within eight hours of service B. signed by the treatment facility supervisor C. signed by the author with his or her credentials listed D. completed within seven days of service

A. completed within eight hours of service B. signed by the treatment facility supervisor *C. signed by the author with his or her credentials listed* D. completed within seven days of service

*Multiple Choice* NAADAC's decision-making model includes all of the following except ______. A. decide on a course of action B. consult with supervisors and/or colleagues C. contact state licensing board D. identify and define the problem

A. decide on a course of action B. consult with supervisors and/or colleagues *C. contact state licensing board* D. identify and define the problem

*Multiple Choice* A principle that requires SUD professionals to hold in confidence anything clients tell them, even when ordered by a court is ______. A. duty to warn B. confidentiality C. subpoena D. fidelity

A. duty to warn *B. confidentiality* C. subpoena D. fidelity

*Multiple Choice* In determining an individual's ability to decide and act autonomously, the SUD counselor must ______. A. establish that the individual is incompetent to help themselves B. ensure the individual has the necessary information to make a sound decision in an unbiased manner C. encourage them to comply with what the counselor has determined to be in the clients best interest D. educate them on the counselor's choices about their life and their values

A. establish that the individual is incompetent to help themselves *B. ensure the individual has the necessary information to make a sound decision in an unbiased manner* C. encourage them to comply with what the counselor has determined to be in the clients best interest D. educate them on the counselor's choices about their life and their values

*Multiple Choice* To be an ethnically sensitive substance use disorder professional one must possess ______. A. friends who are of differing ethnic groups B. an awareness of their limits in terms of knowledge and skills C. a knowledge base in all the different religions where they work D. a four hour training on multicultural counseling

A. friends who are of differing ethnic groups *B. an awareness of their limits in terms of knowledge and skills* C. a knowledge base in all the different religions where they work D. a four hour training on multicultural counseling

*Multiple Choice* A dual relationship is best defined as when a SUD counselor ______. A. helps two clients at once B. offers marital counseling C. assumes two different roles with a client D. counsels a mother and child at the same time

A. helps two clients at once B. offers marital counseling *C. assumes two different roles with a client* D. counsels a mother and child at the same time

*Multiple Choice* Telling the truth and keeping promises is at the core of which principle ethic of ______. A. justice B. fidelity C. autonomy D. competence

A. justice *B. fidelity* C. autonomy D. competence

RCW 18-205 *What is needed to use the title of SUDP or SUDPT*

Applying for certification, *meeting the required qualifications*, and *being certified* by the department of health, unless otherwise exempted by this chapter.

Confidentiality *What is considered confidential?*

Any and all information that could *reasonably* be used to identify an individual.

Vocabulary *Patient/Client*

Any individual who has applied for or been given diagnosis or treatment for alcohol or drug abuse at a federally assisted program and includes any individual who, after arrest on a criminal charge is identified as an alcohol or drug abuser in order to determine that individual's eligibility to participate in a progam.

Reading *Who is typically considered to be subject to DOT drug testing guidelines?*

Anyone holding a *Commercial Drivers License* i.e. Airplane Pilots Ship Captains Railroad Engineers Truck Drivers Tax Cab Drivers Forklift Drivers Bus Drivers

*A SUDP or SUDPT may have an intimate relationship with a prior patient after _____________________.* a. Two years b. Five years c. Ten years d. Both SUDP/SUDPT and patient are both dead

Both SUDP/SUDPT and patient are both dead

Vocabulary *CHINS*

Child In Need of Services http://www.kingcounty.gov/courts/superior-court/becca/chins.aspx

NAADAC Test *What Laws do NAADAC test for?*

CFR 42 CFR part 2 HIPAA

*What is the paper that gives right to be clinician?*

Certification

*Client Access to their Own Record*

Clients are not prohibited from accessing their own records per 42 CFR 2.23

Vocabulary *CFR*

Code of Federal Regulations

Mandatory Reporting *Who is required?*

Credential holders Corporations Organizations Health Care Facilities Government agencies That employ a *credentialed health care provider are required to report* WAC 246-16

Confidentiality *What can be disclosed?*

Disclosures limited to info *necessary* to carry out purpose

Mandatory Reporting *What is the fine?*

Failure to report is punishable by a maximum fine of *$500*. WAC 246-16/RCW 18.130.080

Confidentiality *HIPAA*

Health Insurance Portability and Accountability Act of 1996 *All about electronic transmission of records/info*

Vocabulary "Legend Drug"

Legend drug is a drug that, by law, can be obtained only by prescription and bears the label, "Caution: Federal law prohibits dispensing without a prescription."

*Reporting child abuse to Child Protective Services is ____________of a patient's right to privacy.* a. Not a willful betrayal of the patient's right to privacy b. Is not required if the abuse is the result of mental illness or substance dependence c. Is only required as evidenced in a commitment hearing d. Is not required if the parent is receiving treatment for mental illness or substance dependence

Not a willful betrayal of the patient's right to privacy

*Patient information should be released within an agency _____________.* a. On a need to know basis b. Only as it is needed for direct patient care c. Only for billing purposes d. Only dietary purposes

Only as it is needed for direct patient care

*HIPAA is specific to __________________ communications.* a. All forms b. Only those allowed by the client in all forms of c. Only those allowed by the client and agency in all forms of d. Only those allowed by the client that are electronic

Only those allowed by the client that are *electronic*

Vocabulary *RCW*

Revised Code of Washington

*The exclusions to the patient's rights to privacy are ______________ in 42 CFR part 2.* a. Arbitrary b. Open to interpretations of the patient c. Specific d. Only applicable in certain health care settings

Specific

Vocabulary *Law*

The body of rules and standards issued by the legislative body

*Who is the one that perceives action as sexual?*

The patient or client, no one else!

Vocabulary *WAC*

Washington Administration Code

*The voluntary substance abuse program for SUDPT's is called ___________________.* a. WHPS b. WPAP c. WRAMP d. WKRP

Washington Recovery and Monitoring Program (*WRAMP*) https://www.doh.wa.gov/Portals/1/Documents/Pubs/600075-WRAMP-Handbook.pdf

Mandatory Reporting *Report on What?*

When they have *knowledge that a credential holder or an applicant for a credential* has engaged in unprofessional conduct or have information that the individual cannot practice with reasonable skill and safety due to a physical or mental condition. WAC 246-16

*Can a client see their own file?*

Yes, must request in writing

Sexual Misconduct *Sexual Misconduct Includes...*

a. *Sexual intercourse* b. Touching the breasts, genitals, anus or any sexualized body part except as consistent with accepted community standards of practice for examination, diagnosis and treatment and within the healthcare practitioner's scope of practice. c. Rubbing against a patient or client or key party for sexual gratification. d. *Kissing* e. *Hugging, touching, fondling or caressing of a romantic or sexual nature. f. Examination of or touching genitals without using gloves g. Not allowing a patient or client privacy to dress or undress except as may be necessary in emergencies or custodial situations h. Not providing the patient or client a gown or draping except as may be necessary in emergencies i. Dressing or undressing in the presence of the patient, client or key party. j. Removing patient or client's clothing or gown or draping without consent, emergent medical necessity or being in a custodial setting. k. Encouraging masturbation or other sex act in the presence of the health care provider. l. Masturbation or other sex act by the health care provider in the presence of the patient, client or key party;. m. *Suggesting or discussing the possibility of a dating, sexual or romantic relationship after the professional relationship ends* n. Terminating a professional relationship for the purpose of dating or pursuing a romantic or sexual relationship. o. *Soliciting a date with a patient, client or key party.* p. Discussing the sexual history, preferences or fantasies of the health care provider. q. Any behavior, gestures, or expressions that may reasonably be interpreted as seductive or sexual. r. Making statements regarding the patient, client or key party's body, appearance, sexual history, or sexual orientation other than for legitimate health care purposes. s. Sexually demeaning behavior including any verbal or physical contact which may reasonably be interpreted as demeaning, humiliating, embarrassing, threatening or harming a patient, client or key party. t. Photographing or filming the body or any body part or pose of a patient, client, or key party, other than for legitimate health care purposes. u. Showing a patient, client or key party sexually explicit photographs, other than for legitimate health care purposes. WAC 246-16-100

Uniform Disciplinary Act *Intent*

a. *Strengthen and consolidate disciplinary and licensure procedures* b. Uniform Disciplinary Act c. Standardized procedures and enforcement of laws d. Assure adequacy of professional competence and conduct; promote quality e. Public members on board = accountability f. Identify and remove health care providers who pose a risk to the public g. *Due process protection* RCW 18.130.010

Which of the following best describes the NAADAC code of ethic principal regarding publication credit? a. A NAADAC member may use material he or she deems appropriate to treatment without citing the source. b. Minor contributors to research do not need to be given credit for their contributions c. The NAADAC member may in no way violate the copyright of anyone by reproducing material in any form whatsoever d. General statements of fact do not require sources as long as the counselor is reasonably confident of their accuracy.

a. A NAADAC member may use material he or she deems appropriate to treatment without citing the source. b. Minor contributors to research do not need to be given credit for their contributions *c. The NAADAC member may in no way violate the copyright of anyone by reproducing material in any form whatsoever* d. General statements of fact do not require sources as long as the counselor is reasonably confident of their accuracy.

Which of the following is *NOT* a basic premise of client confidentiality? a. A client's right must be clearly explained to them b. It is critical that clerical and support staff understand confidentiality regulations c. The Federal Confidentiality Act prohibits SUD counselors from reporting suspected child abuse d. Confidentiality regulations restrict the denial or acknowledgment the a client has been admitted for treatment

a. A client's right must be clearly explained to them b. It is critical that clerical and support staff understand confidentiality regulations *c. The Federal Confidentiality Act prohibits SUD counselors from reporting suspected child abuse* d. Confidentiality regulations restrict the denial or acknowledgment the a client has been admitted for treatment

Based on the WAC relevant to quality assurance for SUD treatment, a treatment plan must have at a minimum ___________. a. A long term goal statement, problem statement, and referral information b. A problem statement, goals and/or objectives, and interventions c. A long term goal statement, problem statement, and probation requirements d. A long term goal statement, problem statement, and treatment program requirements.

a. A long term goal statement, problem statement, and referral information *b. A problem statement, goals and/or objectives, and interventions* c. A long term goal statement, problem statement, and probation requirements d. A long term goal statement, problem statement, and treatment program requirements.

Which of the following is the most likely reason for a counselor to be cited for unprofessional conduct? a. Maintaining up to date medical records b. Facilitating ATOD education groups c. Teaching families about intervention models d. Providing transportation for adolescents in OP treatment

a. Maintaining up to date medical records b. Facilitating ATOD education groups c. Teaching families about intervention models *d. Providing transportation for adolescents in OP treatment*

__________ may perform an assessment for the investigative examination stage of the petition for deferred prosecution* a. Any qualified healthcare professional b. Only a SUDP c. Only a LMHC d. Only a dually certified counselor

a. Any qualified healthcare professional *b. Only a SUDP* c. Only a LMHC d. Only a dually certified counselor

Alcohol/Drug Information School is required only for people who are* a. Assessed as alcoholic or drug addicted b. Assessed as moderate to severe substance users c. Assessed as not having a significant problem d. Caught at work or school abusing drugs

a. Assessed as alcoholic or drug addicted b. Assessed as moderate to severe substance users *c. Assessed as not having a significant problem* d. Caught at work or school abusing drugs

A petitioner for deferred prosecution must* a. Challenge the evidence gathered by police of DUI b. Request a jury trial c. Stipulate in court she is guilty of DUI d. Attend community based sober support meetings to demonstrate need for deferment

a. Challenge the evidence gathered by police of DUI b. Request a jury trial *c. Stipulate in court she is guilty of DUI* d. Attend community based sober support meetings to demonstrate need for deferment

Anyone who is licensed as a healthcare provider may* a. Complete a substance use disorder assessment b. Authorize the use of methadone in opiate substitution treatment c. Be subject to disciplinary action by DOH d. Supervise a SUDPT

a. Complete a substance use disorder assessment b. Authorize the use of methadone in opiate substitution treatment *c. Be subject to disciplinary action by DOH* d. Supervise a SUDPT

A SUDPT may re-certify as a CDPT an unlimited number of times* a. Depends on DOH b. True c. False d. Doesn't matter

a. Depends on DOH b. True *c. False* d. Doesn't matter

To be eligible for deferred prosecution a petitioner must* a. Have an attorney to represent the driver's interests b. Be assessed by a court appointed SUDP c. Have letters of support from employers and family d. Waive their right to due process

a. Have an attorney to represent the driver's interests b. Be assessed by a court appointed SUDP c. Have letters of support from employers and family *d. Waive their right to due process*

The registration and other records of treatment programs may be disclosed _____________. a. In accordance with the prior written consent of the patient b. If authorized by an appropriate order of the court c. To comply with state laws mandating the reporting of suspected child abuse or neglect d. All of the above

a. In accordance with the prior written consent of the patient b. If authorized by an appropriate order of the court c. To comply with state laws mandating the reporting of suspected child abuse or neglect *d. All of the above*

Bob is a SUDP at your agency who is constantly falling behind providing up to date patient record management. *You are assigned as a SUDPT to help Bob maintain up to date group and 1:1 notes that Bob later signs as his own.* Which of the following statements would be true. a. The practice of helping counselors do documentation is not a violation of the Uniform Disciplinary Act (UDA) b. The practice of helping counselors do documentation and sign the notes relieves the SUDPT supervisor of liability for your authorship c. The practice of helping counselors do documentation is appropriate only if the SUDPT witnessed the groups and l:l's led by Bob d. The practice of helping counselors do documentation is a okay only if the SUDPT has witnessed the groups and 1:1's led by Bob and are cosigned by the SUDPT

a. The practice of helping counselors do documentation is not a violation of the Uniform Disciplinary Act (UDA) b. The practice of helping counselors do documentation and sign the notes relieves the SUDPT supervisor of liability for your authorship c. The practice of helping counselors do documentation is appropriate only if the SUDPT witnessed the groups and l:l's led by Bob *d. The practice of helping counselors do documentation is a okay only if the SUDPT has witnessed the groups and 1:1's led by Bob and are cosigned by the SUDPT*

The purpose of the uniform disciplinary act is to provide the department of health which of the following authority. a. The right to do background checks on applicant b. The right to prosecute healthcare workers who behave unethically c. The right to investigate allegations of unprofessional behavior by health care providers d. All of the above

a. The right to do background checks on applicant b. The right to prosecute healthcare workers who behave unethically c. The right to investigate allegations of unprofessional behavior by health care providers *d. All of the above*

A SUDPT is required to report unprofessional conduct to* a. Their supervisor b. To local law enforcement c. To the local media d. To the Department of Health

a. Their supervisor b. To local law enforcement c. To the local media *d. To the Department of Health*

WDOH is responsible for coordinating chemical dependency services* a. To ensure that patients achieve and maintain abstinence b. To ensure citizens accept that chemical dependency is a disease c. To ensure the patients with legal issues have access to treatment in jail or prison d. To ensure these services are of the highest quality

a. To ensure that patients achieve and maintain abstinence b. To ensure citizens accept that chemical dependency is a disease c. To ensure the patients with legal issues have access to treatment in jail or prison *d. To ensure these services are of the highest quality*

A code of professional practice is designed to help a counselor* a. Understand the clinical difference between right and wrong b. Identify therapeutic ways to terminate problematic patients c. implement professional guidelines for behavior or conduct d. Provide patients with a foundation for identifying malpractice

a. Understand the clinical difference between right and wrong b. Identify therapeutic ways to terminate problematic patients *c. implement professional guidelines for behavior or conduct* d. Provide patients with a foundation for identifying malpractice

To be a SUDPT you must be _________ toward licensure as a SUDP* a. Working toward completing hours b. Volunteering or working in a state certified treatment agency c. Complete two years sober and completing internship d. Enrolled in school completing coursework

a. Working toward completing hours b. Volunteering or working in a state certified treatment agency c. Complete two years sober and completing internship *d. Enrolled in school completing coursework* Lots of debate in class on this one, many think it should be a

_____________is one example of a felony that will prevent someone from becoming a SUDPT* a. fourth DUI b. child neglect c. embezzlement d. exploitation of a child

a. fourth DUI b. child neglect c. embezzlement *d. exploitation of a child*