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L + E > Law > Flashcards

Law Flashcards

1
Q

Which is more important to follow Law or ethics?

A

Law

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2
Q

If a licensee or registrant is round to have had a sexual relationship with a client or former client in 2 years following the last professional contact…

A

Their license must be revoked.

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3
Q

What must a therapist do once a client disclosed having a sexual relationship with a therapist?

A

Provide the client with the “Professional therapy never includes sex” brochure.

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4
Q

When must the therapist disclose fees?

A

Before therapy begins.

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5
Q

Therapists should keep client records for how long after the end of therapy?

A

7 years.

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6
Q

True or Fasle: Therapists are required to report abuse.

A

True

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7
Q

True or Fasle: It is legal to offer reparative therapy to minors

A

False

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8
Q

What is the disciplinary process

A

Complaint, Investigation, Hearing, Resolution

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9
Q

A therapist found to have violated substance abuse violations must…

A

Take a diagnostic exam to determine if the therapist has a substance abuse disorder

Mandatory drug and alcohol testing

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10
Q

Where must therapist physically place their license?

A

In a clear visible place in their office.

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11
Q

What must you obtain when using technology services?

A

Client’s verbal agreement.

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12
Q

What must the client understand before using technology services?

A

Risks and limitations

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13
Q

True or false: Client’s can wave the therapist’s ethical or legal responsibility through informed consent.

A

False

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14
Q

True or False: Clients must be given a copy of the providers Notice it privacy practices.

A

True

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15
Q

How should the client acknowledge they received Privacy of Practices?

A

In writing

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16
Q

What is necessary to be documented in a client’s file?

A

Consent for treatment

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17
Q

Minors as young as ______ can consent to their own mental health care.

A

12

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18
Q

How does a therapist know a minor is fit to consent to treatment?

A

If they understand the informed consent agreement.

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19
Q

True or False: The therapist is required to make contact with a minor’s parents.

A

True

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20
Q

What do therapists do if the clt does not understand the informed consent agreement?

A

Use an assent agreement or age appropriate understanding.

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21
Q

What is privilege?

A

Client’s right to keep info from being shared in court.

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22
Q

What is confidentiality?

A

Therapist’s responsibility to keep the process of therapy private.

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23
Q

Who determines whether an exception to privilege applies?

A

A judge

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24
Q

What must a therapist do if a client discloses a threatened suicide?

A

Try to prevent it.

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25
Q

How does a therapist try to prevent a threatened suicide?

A

Increased contact, ask loved one for assistance, voluntary hospitalization, involuntary hospitalization (5150).

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26
Q

What must a therapist due if a client threatens to harm someone?

A

identify victims and law enforcement within 24 hours

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27
Q

How long can a client be hospitalized for posing a danger to others?

A

72 hours

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28
Q

Are minors holders of privilege?

A

Yes

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29
Q

What is it called when a therapist refuses to release client information?

A

Asserting privilege

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30
Q

What are three options when served with a subpoena?

A

Assert privilege, object, or comply

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31
Q

Who decides to waive privilege?

A

The client

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32
Q

True or false: a client’s death does not create an exception to privilege

A

True

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33
Q

If a client wants to inspect their records can how long does the therapist had to comply?

A

5 days

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34
Q

How long does a therapist have to comply if the client wants a copy of their records?

A

15 days

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35
Q

True or false: a client’s request for records can be denied due to owing fees

A

False

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36
Q

How long are therapists expected to retain treatment records after the last professional contact?

A

7 years

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37
Q

If a minor has two legal parents, who can consent for treatment?

A

Both of them can.

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38
Q

If a minor has divorced parents, what is considered the best practice to obtain consent for treatment?

A

Obtain the custody agreement.

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39
Q

What must be provided if a therapist to provide treatment under a good-faith belief?

A

Caregivers authorization affidavit.

40
Q

If a minor consents to therapy alone who is responsible to pay for therapy?

A

The minor

41
Q

True or false: the therapist must attempt to involve a minors parents if the minor consented on their own for therapy.

A

True

42
Q

Do parents have a right to access records for a minor seen under an independent minor’s consent?

A

No

43
Q

Is parental consent needed to treat a minor in a life-threatening emergency situation?

A

No

44
Q

What must a therapist do when parents must be involved in therapy of minor?

A

Document when contact was attempted to parents and whether each contact was successful or not.

45
Q

True or false: therapists make a determination whether and how the parents should be involved before consulting with the minor.

A

False, after.

46
Q

What must be singed to make contact with other important adults in a child’s life?

A

Release of information

47
Q

Who decides if a minor’s privilege is waved?

A

A judge.

48
Q

If a minor independent consented to treatment who has access to their records?

A

Only the minor.

49
Q

If you have been working with a minor as apart of family member, who is required to consent if releasing records?

A

All family members

50
Q

If a therapist witnesses child abuse happening in a grocery store, are they required to report?

A

No

51
Q

The following types of abuse must be reported

A

Physical, sexual, willful harm or endangerment, neglect, and abuse in out-of-Home care.

52
Q

True or false: emotional abuse must be reported

A

False.

53
Q

What is physical abuse to a minor?

A

Willfully causing an injury to a child.

54
Q

True or false: even if a child is a willing participant, a child sexual abuse must still be reported.

A

True

55
Q

What is sexual exploitation of a minor?

A

Encouraging a child to participate in sexually explicit acts.

56
Q

What is willful harm or endangerment?

A

Unjustifiable physical pain of mental sufferings.

57
Q

What is it called when a person responsible for a child fails to provide adequate food, clothing, shelter, medical care, or supervision?

A

Neglect

58
Q

What is included when the law allows parents to make informed and appropriate decisions regarding medical care?

A

Refusal of medical treatment or a choice to use spiritual treatment

59
Q

What must be evident if reporting emotional abuse?

A

Behavior evidence, such as anxiety, depression, withdrawal, or aggression.

60
Q

If two children are under 14, should a sexual abuse report be made?

A

No

61
Q

If a client is under 13 and another is 14, should a sexual abuse report be made?

A

Yes

62
Q

If a client is 14 or 15 and they report having sex with someone 21 or over, is it reportable?

A

Yes

63
Q

If a client is 16-20 and discloses having sex with someone 21 or older, should a report be made?

A

No

64
Q

If a client is 14 or 15, and their partner is more than ____ years old sexual contact is reportable.

A

10

65
Q

True or false: therapists must report sexual abuse if downloading child porn is disclosed

A

True

66
Q

True or false: therapist must report child abuse if there is reasonable suspicion

A

True

67
Q

When must child abuse must be reported by phone?

A

Immediately

68
Q

A written child abuse must be written within a ___ hour period?

A

36

69
Q

Where should a child abuse written report be filed?

A

Stored separately from the client file.

70
Q

True or false: abuse reported out of state is not reportable

A

False.

71
Q

Must an abuser or victim be reported if they died?

A

Yes

72
Q

Do therapists report when an adult client reveals they were abused as a child?

A

No

73
Q

What is the definition of an elder?

A

Anyone age 65 or older residing in the state of California

74
Q

What is the definition of a dependent adult

A

Anyone age 18-64 who cannot carry out normal activities to protect their own rights due to mental health issues

75
Q

What types of abuse are permissive for dependent adults?

A

All

76
Q

What is abandonment?

A

A caretaker deserting or giving up responsibilities when a reasonable person would not have done so.

77
Q

What is abduction?

A

An elder or dependent adult being taken outside California or prevented from returning

78
Q

What is isolation?

A

Being kept from contacting loved ones.

79
Q

What is financial abuse?

A

Taking money or resources away from an elder knowing it would cause harm.

80
Q

What is elder neglect?

A

A care-person not ensuring hygiene, medical care, health and safety hazards, and malnutrition/dehydration is taken care of.

81
Q

True or false: elder adults cannot be reported for neglecting themselves

A

False, they can.

82
Q

True or false: therapists must report any instance of abuse reported by an elder adult even if you don’t believe them

A

True

83
Q

What must be true to not file a discloses report of elder abuse?

A

Client has been diagnosed with a mental illness or dementia, reasonably believe the abuse did not happen, not aware of any evidence

84
Q

What is the difference between elder and dependent adult abuse that occurs within or outside a long term care facility

A

If it occurs outside, it must be reported immediately and in writing 2 days.

If abuse happens inside care facility, time varies.

85
Q

Who must be notified when filing an elder or dependent adult abuse report?

A

Law enforcement or local adult protective services agency.

86
Q

What is an ombudspersons?

A

Receive work to resolve complaints from long-term care residents and with with department of aging to develop policies to best serve long-term care population

87
Q

If abuse occurred in a state mental hospital or state developmental center, where is it reported?

A

To the state department of state hospitals, state department of development services, or to local law enforcement

88
Q

What is conservatorship?

A

When elders and dependent adults have their legal rights scaled back by the court

89
Q

What is probate conservatorship?

A

The conservator is responsible for the conservatee and finances.

90
Q

What is Lanterman Petris-Conservatorship?

A

When adults have mental health issues and are unable/disable or unwilling to receive the care they need and last for one year.

91
Q

What must a therapist do if working with a client under conservatorship to see what rights the client has?

A

Obtain a copy of the court order appointing the conservator

92
Q

Can a therapist provide services by phone or interment to a client that is located out of state?

A

No

93
Q

What must a therapist inform a client of before using telehealth?

A

Obtain informed consent
Inform the client of risks and limitations
Document current location of the client
Assess if telehealth is necessary
Ensure the security of communication platform

94
Q

What should a therapist conisdder if technology services are ineffective

A

Face to face services

95
Q

Do Therapists needs to be appropriately trained to provide services?

A

Yes

96
Q

What must a therapist provide if a therapist is not available when doing telehealth?

A

Emergency services

97
Q

What must a therapist get to communicate with clients via unsecured email?

A

Specific consent

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