True/False Law and Ethics
A 12 year old can consent for treatment if he/she 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 can be deemed legally negligent when his/her treatment plan neglects or overlooks a client's suicidal tendencies.
True
A clinician is mandated to report all child abuse, including on children residing outside the state of California.
True
A clinician who receives a subpoena for the records of a minor client would not look to the parents or 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 conflict of interest occurs when there is a dual relationship between the therapist and client where the therapist may have personal investment and become biased with treatment.
True
A group confidentiality contract is a good way to clarify clients' responsibility and protect the clinician.
True
A minor may not consent to convulsive therapy, psychosurgery, or psychotropic medication without the consent of the minor's parent or guardian.
True
A professional will explains who is responsible for a therapist's files and clients if the therapist dies.
True
A therapist has 15 days to provide the patient with a copy of the records.
True
A therapist is mandated to break confidentiality is there is reasonable suspicion of elder abuse.
True
A therapist is not mandated to report consensual sex between minors when they are between the ages of 14 and 18.
True
A therapist is obligated to break confidentiality if there is reasonable suspicion of child abuse.
True
A therapist may deny a 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 a parent access to the minor's record if the clinician believes releasing the records would have a detrimental effect on the therapeutic relationship.
True
A therapist may deny a parent access to the minor's record if the minor's wellbeing would be jeopardized by releasing records to a parent.
True
A therapist may provide services without consent for treatment if the client is in a crisis.
True
A therapist must notify the BBS of any convictions, including a DUI, within 30 days.
True
A therapist must notify the BBS of change of name or address within 30 days.
True
A therapist must obtain signed informed consent prior to treatment.
True
A therapist should document that he/she obtained informed consent for treatment from client.
True
A therapist should inform couples of their "secret" policy before the onset of treatment.
True
A therapist should obtain a distinct and separate informed consent for the use of any challenging or novel modalities including any involving touch.
True
After a client dies, the client's designated personal representative or the legal executor of his or her estate has a right under law to access the records.
True
Clinicians are expected to recognize risk factors that can lead to actions resulting in harm to self or others.
True
I am going to pass this exam.
True
If a therapist's records are stolen, the therapist should file a police report and notify the clients.
True
If parents were never married, either of them may consent for treatment of a minor child.
True
If the client has a legally designated conservator or guardian ad litem, then that person may exercise privilege on their behalf.
True
Legally, fees must be disclosed before the onset of therapy.
True
Managing confidentiality is a legal and ethical issue.
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 contract.
True
Social isolation of an elder or dependent adult is a mandated 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
Termination rights for both the clinician and the client should be included in the informed consent.
True
The legal requirements for a 5150 (involuntary hold) include when a person is a danger to self or other due to mental illness or he/she is gravely disabled.
True
The only exceptions to confidentiality are by a client's written consent to release information or a legal mandate or legal permission to release information.
True
The purpose of HIPAA is to standardize electronic patient health, administrative, and financial data.
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 clients of possible outcomes of treatment in order to remain within the standard of care.
True
Therapists have an ethical professional duty to collaborate or refer to improve and protect the health and wellbeing of their client.
True
Therapists should refrain from bartering for services.
True
When a clinician faces a legal action against them initiated by the client, the BBS or a district attorney, the therapist is permitted to break confidentiality.
True
When filing a report, the therapist is allowed to share any information about the case that he or she thinks is relevant to report.
True
When obtaining a release of information, all members of the treatment unit who are old enough to consent should sign the release.
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 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
A Tarasoff condition only exists if a client expresses a serious threat to harm an identifiable victim.
False
A baby who tests positive for drugs at birth would require a mandated child abuse report.
False
A therapist has a legal right to withhold a client's records if he/she has not paid his/her fees.
False
A therapist must obtain signed written consent to provide teletherapy.
False
A therapist should keep records for a minimum of 5 year to meet the standard of the profession.
False
A therapist should report to CPS if they find out one of their clients is dealing drugs to junior high students in the area.
False
Any advertisements must include either the exact title of the practitioner's license or the license number.
False
Changing a client's diagnosis to ensure payment by insurance is acceptable with client's consent.
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 65-year-old woman shares that her husband hit her, the therapist should report domestic violence to the police.
False
If a client makes a serious threat to harm an identifiable other, the therapist must warn the victim.
False
If a client makes a threat to an unidentifiable victim, the therapist must warn the police.
False
If a therapist learns that a client had sex with a previous therapist, he/she should file a complaint with the BBS.
False
If a therapist observes an act of child abuse while shopping at the mall, the therapist is mandated to make a report.
False
If a therapist suspects that a colleague is unable to perform his/her professional duties due to personal issues (e.g., substance abuse, mental health problems), the therapist should first report him/her to the BBS.
False
If a13 year-old seeks and consents for his own treatment, his parents still have a legal right to access his records.
False
If an adult client shares they were a victim of child abuse as a minor and the perpetrator still has access to children the therapist must file a child abuse report.
False
It is legal but unethical to advertise false skills and specialties.
False
It is unethical to accept gifts from clients.
False
Parents who are in prison lose their rights to access their minor child's records.
False
Someone over the age of 60 is considered an elder.
False
Terminating services in order to pursue a social, financial, or sexual relationship with a client is acceptable.
False
The clinician is responsible for providing appropriate referrals for continuity of care when the client initiates termination.
False
Therapist have 3 working days following a written request from a client to allow the client to inspect records.
False
When a client is over 18 years of age and discloses abuse he/she experienced as a child, the therapist is mandated to report it.
False
When dual or multiple relationships are unavoidable, clients are responsible for setting clear, appropriate boundaries.
False
When informed of child abuse, a therapist must make an immediate report and follow up with a written report within 24 hours.
False
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
When treating a couple, the clinician only needs informed consent from one of the individuals.
False
When treating minors, it is the parent who holds privilege.
False
If a 13 year old is having consensual sex with her 15-year-old boyfriend, the therapist must file a child abuse report.
True
If a 15 year old is having consensual sex with her 21-year-old boyfriend, the therapist must file a child abuse report.
True
If a client has not had a complete medical evaluation in the last two years, a reasonable 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 said client's records.
True
If a minor consents to his/her own treatment, he/she is responsible for the fees.
True
If a new client indicates signs of hopelessness and depression, a prudent therapist would assess for suicide.
True
If a therapist is on an insurance panel, and the insurance conducts an audit requesting client records, the therapist must provide copies of the records.
True
If a therapist learns that a client had sex with a previous therapist, he/she should provide the client with the brochure from the BBS outlining their rights and discuss the brochure's contents.
True
If a therapist uses the term "psychotherapy" or "psychotherapist" in advertisements, he/she must include his/her license number.
True
It is considered unprofessional conduct to engage in sexual relations with a client within two years following termination of therapy.
True
The monetary value of the gift should be considered when deciding whether or not to accept a gift from your client.
True
The parent or guardian must provide legal consent for a minor's treatment if the minor is under 12.
True
Therapist should explain how fees will be managed, including in the event that the client has not paid his/her fees.
True
Therapist should inform clients, to the extent possible, about the disclosure of confidential information and the potential consequences, when feasible before the disclosure is made.
True
Therapists have a professional duty to know when a specialist should be utilized.
True
Therapists have a professional duty to know when hospitalization is required.
True
Therapists have an ethical responsibility to take reasonable care in maintaining client confidentiality while using electronic devices.
True
Therapists must maintain mental health records.
True
Therapists should avoid initiating treatment when there is a known dual relationship.
True
Therapists should document their reasons for filing an abuse report.
True
When a clinician provides services to two or more people who have a relationship to each other (e.g., 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 or herself due to a mental disorder, he/she is considered gravely disabled.
True
Ignorance of the law is an acceptable legal defense for injuring clients.
False
It is a therapist's legal duty to challenge a 'denial of services' from an insurance company.
False
It is a therapist's legal responsibility to make an effort to learn and understand cultural assumptions of their client.
False
It is unethical but legal to receive compensation for the referral of clients.
False
Minors may only consent to their own treatment if they are over the age of 12 and are victims of abuse.
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 company for the purpose of obtaining treatment is ethically acceptable.
False
The font on a authorization to release information must be at least 12 point.
False
Therapists are always required to obtain written consent from a parent or guardian before releasing any confidential information about a minor client.
False
Therapists are mandated to report domestic violence.
False
Therapists should investigate child abuse if they have reasonable suspicion.
False
During the initial session, informed consent should include a discussion of the risks and benefits of treatment and the purpose of therapy.
True
Couples should be informed that both reconciliation and separation are possible outcomes of therapy.
True
Dual relationships between supervisors and supervisees are considered unprofessional conduct.
True
A clinician can hospitalize a client when the client's mental or physical state causes him/her to be in imminent danger of harming self or others.
False
A therapist has a legal duty to prevent suicide.
False
A therapist is obligated to break confidentiality if the client is suicidal.
False
A therapist should immediately terminate treatment with a client if the therapist is unable to effectively manage his/her countertransference.
False
An incarcerated client loses their right to privilege.
False
Client records are the property of the client.
False
Clinicians providing any treatment without a psychiatric consultation, when warranted, are considered to be practicing below the standard of care.
False
Ethically, it is acceptable to wait until middle phase of treatment to determine who the unit of treatment is going to be.
False
HIPAA standards apply if a therapist communicates electronically.
False
If a client has a plan to vandalize someone's car, the therapist should warn the victim and warn the police.
False
If a husband calls for information about his wife who is in treatment, the therapist should assert privilege.
False
If a lawyer subpoenas a client's records without a release, and the therapist is unable to contact the client, the therapist should turn over the records.
False
If a therapist receives a court order for client records, the therapist should assert privilege.
False
If an HIV+ client discloses intent to have unprotected sex with someone, the therapist has a legal duty to warn that individual.
False
If another clinician contacts you stating that he/she has a release, you may provide the information requested.
False
If child abuse occurs in another state, the therapist is mandated to report the child abuse in the state in which it occurred.
False
If parents are married, both must sign the informed consent to treat their minor child.
False
Authorizations to release information must include an end date.
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
Clinicians have a professional duty to discuss with their clients how insurance companies will manage their confidential information.
True
Clinicians must take "appropriate preventive measures" to avert harm to suicidal clients.
True
Clinicians should not engage in dual or multiple relationships with clients or former clients where there is a risk of potential harm to the client.
True
Clinicians should not engage in sexual activities or sexual contact with clients' 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 take additional steps if necessary to insure a client's comprehension of the informed consent contract.
True
Clinicians should under no circumstances engage in sexual activities or sexual contact with current clients, whether such contact is consensual or forced.
True
