CA Flashcards

(104 cards)

1
Q

If a patient discloses sexual contact with their therapist, the provider should…?

A

Hand the patient the brochure “Therapy Never Includes Sexual Behaviors”

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2
Q

When made aware of elder abuse on a person living at home, who do you report to and when?

A

Adult Protective Services or Local Law Enforcement immediately

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3
Q

When made aware of elder abuse on a person living in a long-term care facility, who do you report to and when?

A

Local Ombudsman and Local Law Enforcement

immediately within 24hrs or within 2hrs if serious bodily injury occurred

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4
Q

When made aware of elder abuse on a person living in a state facility, who do you report to and when?

A

Investigator at the State Department of State Hospitals or State Department of Developmental Services and local law enforcement, immediately

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5
Q

What are the 5 types of elder abuse?

A

1) physical
2) neglect (including self-neglect)
3) abandonment
4) isolation
5) financial abuse

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6
Q

For urgent abuse or neglect cases, you must file a report via [….] and […..] within what timeframe?

A

Report by phone and online within 36 hours

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7
Q

Since 2021, CARES allows online reports for [urgent/non-urgent] reports and [does/doesn’t] require both verbal and written reports

A

non-urgent reports; doesn’t require both verbal and written reports

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8
Q

Malnutrition is what type of neglect?

A

severe neglect

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9
Q

Intentional endangered health by lack of food, shelter, or medical attention is what type of neglect

A

severe neglect

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10
Q

Inadequate food, clothing, shelter, medical care, or supervision, without physical injury is what type of neglect?

A

general neglect

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11
Q

Lewd contact with a child must be reported if the child is the age of [….] and the perp is what age?

A

1) under the age of 14 and the perp is any age
2) age 14 or 15 and the perp is 10 years older+ than the child

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12
Q

If voluntary sex occurred between a child the age of [….] and a perp of age […..], it must be reported

A

a child is under the age of 16 and the perp is age 21+

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13
Q

If voluntary sex occurred between a child the age of [….] and a perp of age […..], it does not have to be reported

A

a child is 16+ and the perp is age 16+

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14
Q

If involuntary sex occurred between a child the age of [….] and a perp of age […..], it must be reported

A

a child is 16+ and the perp is age 16+

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15
Q

Consensual sex between a 15-year-old and a 20-year-old, is unlawful and considered statutory rape. Is this reportable? Why?

A

Not reportable as child abuse because 1) there was consent and 2) the child was 15 and the perp is less than 10 years older than the child and less than age 21.

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16
Q

You must report rape or incest if the child is age […..] and the perp is what age?

A

child is under 18 and the perp is any age

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17
Q

Welfare and Institutions Code Section 5250 states that after a person has been detained for […..], they may be certified for up to […..] of intensive treatment related to the mental disorder

A

72 hours; 14 days

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18
Q

Section […..] of certification may only be implemented if the person has been advised of the need for additional voluntary treatment but has not been willing to accept treatment on a voluntary basis

A

Section 5250

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19
Q

A 5250 hold may only be implemented if the person has been advised of the need for […..] but won’t accept it

A

A need for additional voluntary treatment but won’t accept treatment on a voluntary basis

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20
Q

An involuntary 72-hour hold can be either section […..] or section […..]

A

5150 or 5585

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21
Q

A 14-day hold/certification is which section?

A

5250

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22
Q

A person certified under 5250 is entitled to a certification review hearing within how many days of the date of certification?

A

4 days

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23
Q

What does a certification review determine about a patient on a hold?

A

Whether there is probable cause that they are a danger to self, others, or have a grave disability

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24
Q

A patient who continues to present an imminent threat of suicide may be confined for an additional 14 days under what section?

A

5260

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25
If a patient is still suicidal after a 5250, how long can they be held for?
an additional 14 days (5260)
26
If a patient is still suicidal after a 5260, how long can they be held for?
They cannot be held any further
27
At the end of a 14-day hold (5250), a patient who remains gravely disabled may be certified for an additional [.....] days
30 days
28
According to section 5270.15..... At the end of which type of hold, can a gravely disabled patient be certified for an additional 30 days?
5250 (14-day hold)
29
According to section 5270.15, after a 30-day hold for a gravely disabled patient, the patient cannot be involuntary held. What is the exception to this?
A petition for conservatorship has been filed during the hold
30
Section [.....] states that at the expiration of the 14-day hold (5250), a patient who continues to present an imminent threat of danger to others may be confined for up to 180 additional days.
Section 5300
31
Section 5300 states that at the expiration of a 14-day hold (5250), a patient who continues to present an imminent threat of danger to others may be confined for up to [.....] additional days.
180 days
32
Section 5300 states that at the expiration of a 14-day hold (5250), a patient who continues to present an imminent threat of danger to [.....] may be confined for up to 180 additional days.
danger to others
33
Section 5300 **[is/is not]** a newable hold if....?
5300 **is** a renewable hold if the patient is **still an imminent threat of danger to others.**
34
What is the difference between 5150 and 5585?
5150 is a 72-hour involuntary hold of an adult 5585 is a 72-hour involuntary hold of an minor
35
In 2004, Tarasoff changed to include who as someone who may warn?
Family members
36
In 2013, Tarasoff changed from "duty to warn, protect, and predict" to "duty to...?"
"duty to protect" by warning intended victim and police
37
You have how many days to release records to the BOP upon their request?
15 days
38
The BOP request patient records, what is needed to fulfill this request?
Patient's written authorization/ROI to the BOP (not from the provider)
39
A penalty of $....? is issued for each day BOP records request is past due and may result in which disciplinary action(s)?
$1,000; suspension or revocation
40
A summary of treatment records must be completed within what timeframe?
10 days; or 30 days if the patient has an extensive history
41
A therapist has how many days to comply with a records inspection request from their patient?
5 working days
42
Who is permitted to be at a records inspection?
1) client 2) client legal representative 3) one other person of the patient's choosing
43
Records request copies cannot exceed $....? per page
$00.25 per page
44
Records request must be transmitted within how many days of the written request?
15 days of the written request
45
Must keep patient records for how many years if they are adults?
7 years
46
Must keep patient records for how many years if they are minors?
7 years after they turn 18 (25 years old)
47
APA guidelines requires patient records to be kept for [.....] years from the last treatment date or [.....] years after a minor reaches age of majority (whichever is later)
7 years; 3 years
48
A minor cannot have methadone or narcotic replacement drugs without...?
Parental Consent
49
How old must a minor be to consent to medical treatment for substance use issues?
12 or older
50
For a minor seeking care for substance use issues, what must be included in the treatment plan? Be specific in the details.
Parental involvement must be included. Therapist must document date of attempted contact of parent and if contact was successful. Therapist must document a reason why it would not be appropriate to contact a parent.
51
How old must a minor be to consent to medical treatment for IPV issues?
(Intimate Partner Violence) 12 or older
52
For a minor seeking care for IPV issues, do you have to make a report?
Yes BONUS: Do you have to tell the client about the report? Yes
53
When a minor aged 12 discloses being a victim of IPV, are you required to tell the parents?
Yes; you must attempt to tell the parents and document the date of the attempt, if it was successful or not, or state why contacting the parent is not appropriate (such as they are believed to be the attacker)
54
How old must a minor be to receive care related to prevention or treatment of pregnancy?
Any age
55
How old must a minor be to consent to medical treatment for sexual assault issues?
Any age
56
If a minor is sexually assaulted, do you have to tell the parents?
If under 12, yes (as long as the parent is not thought to be the attacker) If 12+, no
57
If a minor is raped, do you have to tell the parents?
If under 12, yes (as long as the parent is not thought to be the attacker) ​ If 12+, you cannot tell the parents without the minor's consent
58
How old must a minor be to consent to outpatient mental health treatment **without** parental consent?
12 years old; you must attempt to tell the parents and document the date of the attempt, if it was successful or not, or state why contacting the parent is not appropriate (such as they are believed to be the attacker)
59
If a 12-year-old gives consent for outpatient mental health treatment without parental consent, is the parent liable for payment?
No
60
If a 12-year-old gives consent for outpatient mental health treatment without parental consent, is the parent able to access their treatment records?
No; requires the minor's consent
61
How old must a minor be to consent to a residential shelter **without** parental consent?
12-years-old; you must attempt to tell the parents and document the date of the attempt, if it was successful or not, or state why contacting the parent is not appropriate (such as they are believed to be the attacker)
62
A self-sufficient minor is at least [.....] years old, living [.....] parents, and managing their [.....]
A self-sufficient minor is at least **15** years old, living **apart from their parents**, and managing their **own finances**
63
What source of income does a minor need to have to qualify as self-sufficient?
Any income source, so long as they can manage their finances on their own
64
A parent **[is/not]** liable for the therapeutic care of a self-sufficient minor and the therapist **[can/cannot]** contact the parents without the minor's consent
is not liable; can contact parents without minor's consent
65
An emancipated minor is considered an adult in terms of which three elements of care?
1) confidentiality 2) privilege 3) consent to treatment
66
A legally married minor is considered...?
Emancipated
67
A minor enlisted in the military is considered...?
Emancipated
68
An emancipated minor is at least [.....] years old, living [.....] parents, and managing their [.....]
An emancipated minor is at least **14** years old, living **separate from parents with consent**, and managing their their own finances
69
What source of income does a minor need to have to qualify as emancipated?
Legal source of income
70
Under which three circumstances do you **not** have to report a minor is receiving substance use treatment to a parent?
1) minor is self-sufficient 2) minor is emancipated 3) if telling the parent would discourage the minor from receiving treatment
71
If a client invokes privilege the therapist must **[obey/disobey]** the subpoena requests
Obey the subpoena requests, but assert privilege on patient's behalf and the judge will decide next steps
72
Privilege Code 1027
No privilege if the patient is under 16 and has been a victim of a crime and disclosure is in the best interest of the child.
73
According to Privilege Code 1027, can a minor under 16 who is victim to a crime invoke privilege if disclosure is deemed in their best interest? Can their parents invoke privilege on their behalf?
No and no
74
Which Privilege code states that a patient under 16 is a victim of a crime and disclosure is in the best interest of the child, no privilege can be invoked?
Privilege Code 1027
75
Privilege Code 1026
No privilege when a therapist or patient makes a report that is open to the public
76
Which Privilege Code states there is no privilege when a therapist or patient makes a report that is open to the public?
Privilege Code 1026
77
Privilege Code 1020
No privilege in cases of breach of duty/malpractice suits or nonpayment. The therapist may use records as their defense.
78
According to which privilege code may a therapist use patient records as their defense of malpractice?
Privilege Code 1020
79
Privilege Code 1024
No privilege is allowed in cases where breaking confidentiality would prevent danger (including legal proceedings)
80
Breaking confidentiality to prevent danger is permitted under which privilege code?
Privilege 1024
81
A 14-day hold (5250) is linked to which Privilege Code?
Privilege Code 1024
82
Privilege Code 1018
No privilege if therapist was sought/used to commit or escape from a crime
83
Privilege Code 1019
No privilege regarding communication relevant to an issue between parties who all claim through a dead patient
84
Which privilege code states there is no privilege when communication relevant to an issue between parties who all claim through a dead patient?
Privilege Code 1019
85
Privilege Code 1021
No privilege regarding a dead patient's deed, will, or **intent** affecting interest in property
86
Privilege Code 1022
No privilege regarding a dead patient's deed, will, or **validity** affecting interest in property
87
What is the difference between Privilege Codes 1021 and 1022?
**1021**indicates the **intent** of a dead person's deed, will, or property **1022** indicates the **validity** of a dead person's deed, will, or property
88
Privilege Code 1017
No privilege if psychologist is appointed by court or Board of Prison Terms
89
Privilege Code 1023
No privilege if defendent in criminal suit is requesting sanity determination or competence
90
Privilege Code 1025
If a psychological exam is used to help a defendant/their lawyer to strategize for a defense, that information is confidential
91
The information from a psychological exam that is used to help a defendant/their lawyer to strategize for a defense is confidential. Which privilege code is this?
Privilege Code 1025
92
If a defendant seeks a psychologist to determine their competence or sanity for a criminal case, this information is not privileged. Which privilege code is this?
Privilege Code 1023
93
Which privilege code states that there is no privilege when a court or Board of Prison Terms appoints a psychologist to a client?
Privilege Code 1017
94
In couples and family therapy, when one person waives privilege, this **[does/does not]** affect the other patients' right to claim privilege
does not
95
When there is no holder of privilege, the psychologist **[is/is not]** required to claim privilege
Is not
96
Privilege Code 1016
No privilege exists in court proceedings where a patient raises the issue of their mental or emotional condition (e.g., worker’s compensation suit). Thus, their patient records are to be disclosed.
97
What is the exception to Privilege Code 1016?
A therapist must disclose a patient's records if ordered to by a judge, court of law, depostion, or administrative hearing **unless** the patient is only seeking compensation for physical damages
98
According to which privilege code does privilege not apply and the therapist must release records of a patient due to the request of judge, court of law, deposition, or administrative hearing?
Privilege Code 1016
99
Other than the patient, who else is the holder of their privilege (able to claim privilege)?
1) their guardian or conservator if the patient is not legally capable 2) personal representative if the patient is dead 3) current and former psychotherapists
100
When can a psychologist disclose information to a patient's employer?
1) upon specific written request and at the expense of the employer 2) psychologist may only share mental health related limitations if relevant in a lawsuit, not a diagnosis 3) patient must sign ROI for all legal proceedings
101
Welfare Code 5238
Can share confidential information without patient consent with other professionals who are employed in the same treatment facility or who are responsible for the same patient's care.
102
Welfare Code 5328.4
Must disclose to governmental law enforcement agencies when a serious crime (e.g., murder, rape) has been committed by or perpetrated upon a hospitalized patient
103
Which code allows for a therapist to disclose patient information with other professionals without the patient's consent?
Welfare Code 5328; only to professionals who are treating the patient and/or employed at the same facility
104
Which code requires therapists to report to local government agencies if a hospitalized patient has commited or is victim of a serious crimes (e.g., murder, rape)?
Welfare Code 5328.4