California Lpcc Law And Ethics Exam Prep

Question: What is accurate regarding legal requirements for a PCC registered intern's advertisements for his or her professional services?
Answer: The ad must include the intern's full name as registered with the BBS, their registration number, the words "professional clinical counselor registered intern" or "PCC registered intern", and the name of their employer or the entity for which they volunteer.

"PCCI" can only be used when the title professional clinical counselor registered intern is also used.

California Code of Regulations (CCR) Section 1811
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Question: When it's determined that a person is gravely disabled as the result of a mental disorder, he or she may be initially held in a locked facility for _____ hours followed by an additional period of up to ______ days if it is determined that he or she is still gravely disabled.
Answer: 72; 14
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Question: What are the consequences when a counselor has failed to report an incident of child abuse?
Answer: up to 6 months confinement in a county jail; a fine of $1,000; may have license revoked
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Question: Your 73 yr old client lives with her daughter and son-in-law. During one session, she reveals that their oldest son (her grandson) is stealing money from her bank account. You should:
Answer: call adult protective services or a local law enforcement agency immediately and follow up with a written report within 2 working days.
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Question: When a client asks for a summary of his or her record (rather than a copy of the entire record), a psychotherapist must provide the summary within _____ working days after receipt of the client's written request unless the record is of "extraordinary length" or treatment of the client was terminated within the last ten days.
Answer: 10
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Question: The requirements of the Privacy Rule of the Health Insurance Portability and Accountability Act (HIPAA):
Answer: take precedence over state laws when the state law provides less privacy protection
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Question: Suzanne receives a request from a former client's current therapist for copies of certain information from the client's file. The client has not paid for his last 3 therapy sessions despite several requests from Suzanne to do so. Suzanne:
Answer: is prohibited from withholding the client's records because of the outstanding fees.
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Question: A counselor's new client has an anxiety disorder and is taking medication provided by a physician. After the first session, the counselor wants more information about the client's medication and how it may affect counseling. To be consistent with the requirements of HIPAA's Privacy Rule:
Answer: the counselor may contact the physician without authorization from the client as long as the client has received a Notice of Privacy Practices.
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Question: Your client is a 72 yo female who is in the early stages of Alzheimer's disease. She claims that her husband is abusing her. However, you have interviewed all of her family members and they claim there is no abuse occurring, and a medical doctor has evaluated her and has found no evidence of abuse. Consequently you do not believe that your client has been abused.
Answer: You are not required to file a report
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Question: A client asks Dr. Ken for a copy of her therapy record. Dr. Ken may provide the client with a summary of the record (rather than the complete record) if:
Answer: the client requested a summary and the request from the client is in writing
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Question: A friend of yours asks if you would provide him with counseling to help him deal with the recent death of his mother.
Answer: You should not accept your friend as a client and should refer him to another professional
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Question: Your client is moving to another city in California and wants to continue counseling with you via the Internet. You are legally and ethically:
Answer: required to provide the client with information about the possible limitations of this type of counseling
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Question: A 9 yo girl is brought to counseling by her mother, who reports that the girl's behavior has recently changed both at home and at school. On questioning the girl, you learn that she has been sexually abused by the brother of her best friend. What is the most appropriate course of action in this situation?
Answer: Inform the mother of your duty to report, make a report to the authorities, and refer the girl for a medical evaluation
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Question: A counselor receives a request for the clinical records of a client who committed suicide three years ago. The request comes from the client's wife, who has just discovered that her husband was in counseling just before he killed himself. The counselor should:
Answer: explain to the wife that her husband's confidentiality must be protected even after his death.
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Question: You are working at a university counseling center and are conducting research that you plan to present at a counseling association meeting. You learn that a colleague at the clinic is using the list of students who are participating in your study to solicit clients for his private practice. You should do which of the following?
Answer: Talk to your colleague directly and try to resolve the issue informally
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Question: You have seen a client for the 6 sessions that were authorized by her HMO, and have referred the client to another therapist for long-term therapy. Before the client has a chance to see the new therapist, a crisis arises and she calls you for help. The most appropriate way to manage this situation is to:
Answer: schedule an appointment to see the client until the crisis has abated
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Question: A client in need of crisis treatment is short on funds and asks you to waive his insurance copayment. He suggests that you bill his insurance company at a higher hourly rate so that the insurance reimbursement will cover your full fee. If you do this, you will be acting:
Answer: illegally and unethically
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Question: As defined in California Welfare and Institutions Code Section 5250, at the expiration of an initial 72 hr hold, an additional 14 day hold may be considered for individuals who are:
Answer: a danger to themselves, a danger to others, or gravely disabled.
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Question: Which of the following individuals meets the criteria for a "grave disability" as defined in California law?
Answer: a 37 yo woman who lives alone, has a severe bipolar disorder, and refuses to eat because she believes she doesn't need to in order to survive
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Question: Jennifer Lewis, a licensed counselor, regularly waives the co-payment for her low-income clients who are covered by insurance. She believes this is acceptable since she normally bills her clients using a sliding fee scale. In this situation, waiving the co-payment is:
Answer: ethical only if the insurance company is aware of the arrangement
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Question: You receive a subpoena duces tecum requiring you to testify about a current counseling client at a trial and to bring specific documents from the client's file. You contact the client who states that he does not want you to testify or release his records. You should:
Answer: contact the attorney who issued the subpoena to request that you be released from it
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Question: If an individual is a registered sex offender, he or she is:
Answer: not eligible for licensure.
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Question: Which of the following is not permitted for clinical counselor trainees, interns, and applicants?
Answer: being paid by their clients
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Question: You are working in individual counseling with a 9 yr old girl who tells you that a neighbor, a 17 yr old boy, often asks her to lift up her dress. When she complies, he stares at her and laughs but, she says, has never touched her. The girl seems very embarrassed when she discloses this activity but then quickly says she doesn't see anything wrong with it. She also says she doesn't know how to make the boy stop because "he's big and strong." What should you do with this information?
Answer: Report child abuse to a designated agency
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Question: What is required for a valid claim of malpractice?
Answer: The therapist may or may not have had malevolent intentions, but there must be a causal connection between the therapist's actions and the harm suffered by the client.
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Question: Which of the following situations MOST clearly represents an unethical dual relationship?
Answer: A counselor's client is her husband's secretary
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Question: Your client calls you because he is worried that his wife is going to hurt someone. She just had her insurance claim rejected and she is threatening to shoot her agent. Your client believes that this is a serious threat. Which of the following is true?
Answer: You are not required to contact her insurance agent or a law enforcement agency
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Question: A client tells you that another therapist he was seeing a few months ago made sexual advances toward him during the course of therapy. What should you do?
Answer: Inform the client of his alternatives in this circumstance
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Question: Your client tells you that she works the late shift at a local restaurant. She is gone from her house for four hours five nights a week. She tells you that she leaves her 6 yo daughter at home alone during that time. She says that she thinks it is safe because she doesn't leave until the child is asleep and she has practiced with the child how to call her is she has an emergency or wakes up. What should you do?
Answer: Report to CPS and then work with this woman to understand the dangers inherent in her behavior
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Question: Your new client has been diagnosed with DID, which apparently stems from years of child abuse. You have no training in treating clients with this disorder. You should:
Answer: refer her to another mental health provider who is qualified to treat your client for this disorder
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Question: Administering which of the following types of tests is considered to be within an LPCC's scope of practice?
Answer: aptitude tests and achievement tests

NOT included: assessing personality, individually administered intelligence tests, neuropsychological testing, or a battery of 3+ tests to determine presence of [psychosis, dementia, amnesia, cognitive impairment, or criminal bx]
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Question: When an LPCC learned that a client has been physically abused and the client lives in a long-term care facility that is not a state mental hospital or state developmental center, the LPCC must make a telephone report:
Answer: immediately (but no later than 2 hrs) and a written report within 2 hrs if the abuse resulted in serious bodily injury
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Question: As required by law, informed consent for telehealth:
Answer: may be verbal or written and must be documented
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Question: You receive a call from an emergency room physician who is treating your client. The client has given her consent for the physician to access her records. However, the client owes you money for 2 months of therapy. Which of the following is true?
Answer: You may not withhold the records.
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Question: When faxing protected health information, the document to be faxed should include a cover sheet that contains which of the following?
Answer: a confidentiality statement that indicated the information should be used only for the requested of intended purposes and instructions on what the recipient should do if the fax was inadvertently sent to the wrong number
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Question: The primary element in determining vicarious liability is:
Answer: the disparity in training and experience

Vicarious liability: a counselor's liability when they are responsible for the services provided to a client by a supervisee or employee. There will be a large discrepancy in the training and experience of the 2 individuals. In this case the counselor has some degree of control over the services provided by the supervisee or em
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Question: An 84 yo man who you have been working with is taken to the ER. The ER medical technician calls you because she found your card in the patient's pocket. She requests information about your client. What should you do?
Answer: Give the EMT information related to the emergency
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Question: When asked to provide confidential client information in court or at a deposition, you should:
Answer: assert the psychotherapist-patient privilege and provide the information only with authorization from the client or an order from the court
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Question: A counselor is a member of the army reserve and may be called into active duty at any time. What preparations should the counselor make?
Answer: Arrange for colleagues to provide professional services in her absence
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Question: A counselor is hired by a company to provide services to employees as part of the company's employee assistance program. The company has traditionally photocopies standardized psychometric tests to save money, and the program director, who is a licensed psychologist, instructs the counselor to continue using the photocopies tests. The counselor believes that photocopying the tests violates copyright laws and, consequently, should:
Answer: talk with the program director to attempt to resolve the company's misuse of the tests
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Question: Melissa, age 12, tells her counselor that she really needs to talk to someone about how her friends are gossiping about her on Facebook. She says she doesn't want her parents involved because they don't understand how Facebook works and probably would force her to stop using it. She also says that they don't believe in therapy. How should the counselor proceed?
Answer: See her if he believes she's mature enough to consent to her own treatment but continue seeing her without the knowledge of her parents only if he determines that contacting them would be inappropriate.
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Question: You have been working in individual therapy with a 17 yo female. During a session, the client reports that she was rapes a few months ago but refuses to tell you who raped her. The client then abruptly says that, in fact, she was not raped. What would you do?
Answer: Remind the cleint of the limits of confidentiality and file a child abuse report
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Question: You learn that your client is physically abusing her 10 yo son and determine that you need to make a child abuse report. Which of the following is true?
Answer: You are not legally required to notify the client in advance that you are making the report
==================================================
Question: A counselor is a professior at a local college and is sexually involved with a masters student who is in one of his classes
Answer: this is unethical
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Question: Which of the following accurately describes the requirements of HIPAA's privacy rule with regard to disclosing a client's protected health information?
Answer: Providers are not required to obtain authorization from the client when PHI is being disclosed for the purpose of treatment, payment, or health care operations
==================================================
Question: Your colleague sends you a check for $100 after you referred 2 clients to her in a 1 week period. In this situation you should be aware of what?
Answer: Generally it is illegal and unacceptable to accept payment for referrals
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Question: Your client is a 16 yo who is currently attending a prep school. He says that he is constantly picked on by everyone who lives in his dorm. He then goes on to tell you that he plans to get a gun and kill as many students as he can in the dorm. You should
Answer: contact the police and a school official
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Question: A mother brings in her 15yo daughter. The presenting issue is that the daughter ran away from home, lied about her age, and got married secretly. When the mother found out, she had the marriage annulled because it wasn't legal. The mother is paying for the sessions and wants to be kept up to date. The counselor should keep in mind that
Answer: the daughter might be a victim of sexual abuse and/or statutory rape
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Question: Suzanne, age 15, tells her counselor that for at least 2 months she's been stalked by a couple of gang members who follow and harass her when she walks home after school every day and send her scary emails. At first she asked them to stop following her but they just laughed and made threatening gestures so she has been ignoring them as best she can. When the counselor asks if she has told her parents or school authorities she says she doesn't want anyone to know because it will only make things worse. What should the counselor do
Answer: breach confidentiality by contacting the police and/or her parents if it seems to be in ct's best interest
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Question: What is accurate regarding legal requirements for a PCC registered intern's advertisements for his or her professional services? Answer: The ad must include the intern's full name as registered with the BBS, their registration number, the words "professional clinical counselor registered intern" or "PCC registered intern", and the name of their employer or the entity for which they volunteer. "PCCI" can only be used when the title professional clinical counselor registered intern is also used. California Code of Regulations (CCR) Section 1811 ================================================== Question: When it's determined that a person is gravely disabled as the result of a mental disorder, he or she may be initially held in a locked facility for _____ hours followed by an additional period of up to ______ days if it is determined that he or she is still gravely disabled. Answer: 72; 14 ================================================== Question: What are the consequences when a counselor has failed to report an incident of child abuse? Answer: up to 6 months confinement in a county jail; a fine of $1,000; may have license revoked ================================================== Question: Your 73 yr old client lives with her daughter and son-in-law. During one session, she reveals that their oldest son (her grandson) is stealing money from her bank account. You should: Answer: call adult protective services or a local law enforcement agency immediately and follow up with a written report within 2 working days. ================================================== Question: When a client asks for a summary of his or her record (rather than a copy of the entire record), a psychotherapist must provide the summary within _____ working days after receipt of the client's written request unless the record is of "extraordinary length" or treatment of the client was terminated within the last ten days. Answer: 10 ================================================== Question: The requirements of the Privacy Rule of the Health Insurance Portability and Accountability Act (HIPAA): Answer: take precedence over state laws when the state law provides less privacy protection ================================================== Question: Suzanne receives a request from a former client's current therapist for copies of certain information from the client's file. The client has not paid for his last 3 therapy sessions despite several requests from Suzanne to do so. Suzanne: Answer: is prohibited from withholding the client's records because of the outstanding fees. ================================================== Question: A counselor's new client has an anxiety disorder and is taking medication provided by a physician. After the first session, the counselor wants more information about the client's medication and how it may affect counseling. To be consistent with the requirements of HIPAA's Privacy Rule: Answer: the counselor may contact the physician without authorization from the client as long as the client has received a Notice of Privacy Practices. ================================================== Question: Your client is a 72 yo female who is in the early stages of Alzheimer's disease. She claims that her husband is abusing her. However, you have interviewed all of her family members and they claim there is no abuse occurring, and a medical doctor has evaluated her and has found no evidence of abuse. Consequently you do not believe that your client has been abused. Answer: You are not required to file a report ================================================== Question: A client asks Dr. Ken for a copy of her therapy record. Dr. Ken may provide the client with a summary of the record (rather than the complete record) if: Answer: the client requested a summary and the request from the client is in writing ================================================== Question: A friend of yours asks if you would provide him with counseling to help him deal with the recent death of his mother. Answer: You should not accept your friend as a client and should refer him to another professional ================================================== Question: Your client is moving to another city in California and wants to continue counseling with you via the Internet. You are legally and ethically: Answer: required to provide the client with information about the possible limitations of this type of counseling ================================================== Question: A 9 yo girl is brought to counseling by her mother, who reports that the girl's behavior has recently changed both at home and at school. On questioning the girl, you learn that she has been sexually abused by the brother of her best friend. What is the most appropriate course of action in this situation? Answer: Inform the mother of your duty to report, make a report to the authorities, and refer the girl for a medical evaluation ================================================== Question: A counselor receives a request for the clinical records of a client who committed suicide three years ago. The request comes from the client's wife, who has just discovered that her husband was in counseling just before he killed himself. The counselor should: Answer: explain to the wife that her husband's confidentiality must be protected even after his death. ================================================== Question: You are working at a university counseling center and are conducting research that you plan to present at a counseling association meeting. You learn that a colleague at the clinic is using the list of students who are participating in your study to solicit clients for his private practice. You should do which of the following? Answer: Talk to your colleague directly and try to resolve the issue informally ================================================== Question: You have seen a client for the 6 sessions that were authorized by her HMO, and have referred the client to another therapist for long-term therapy. Before the client has a chance to see the new therapist, a crisis arises and she calls you for help. The most appropriate way to manage this situation is to: Answer: schedule an appointment to see the client until the crisis has abated ================================================== Question: A client in need of crisis treatment is short on funds and asks you to waive his insurance copayment. He suggests that you bill his insurance company at a higher hourly rate so that the insurance reimbursement will cover your full fee. If you do this, you will be acting: Answer: illegally and unethically ================================================== Question: As defined in California Welfare and Institutions Code Section 5250, at the expiration of an initial 72 hr hold, an additional 14 day hold may be considered for individuals who are: Answer: a danger to themselves, a danger to others, or gravely disabled. ================================================== Question: Which of the following individuals meets the criteria for a "grave disability" as defined in California law? Answer: a 37 yo woman who lives alone, has a severe bipolar disorder, and refuses to eat because she believes she doesn't need to in order to survive ================================================== Question: Jennifer Lewis, a licensed counselor, regularly waives the co-payment for her low-income clients who are covered by insurance. She believes this is acceptable since she normally bills her clients using a sliding fee scale. In this situation, waiving the co-payment is: Answer: ethical only if the insurance company is aware of the arrangement ================================================== Question: You receive a subpoena duces tecum requiring you to testify about a current counseling client at a trial and to bring specific documents from the client's file. You contact the client who states that he does not want you to testify or release his records. You should: Answer: contact the attorney who issued the subpoena to request that you be released from it ================================================== Question: If an individual is a registered sex offender, he or she is: Answer: not eligible for licensure. ================================================== Question: Which of the following is not permitted for clinical counselor trainees, interns, and applicants? Answer: being paid by their clients ================================================== Question: You are working in individual counseling with a 9 yr old girl who tells you that a neighbor, a 17 yr old boy, often asks her to lift up her dress. When she complies, he stares at her and laughs but, she says, has never touched her. The girl seems very embarrassed when she discloses this activity but then quickly says she doesn't see anything wrong with it. She also says she doesn't know how to make the boy stop because "he's big and strong." What should you do with this information? Answer: Report child abuse to a designated agency ================================================== Question: What is required for a valid claim of malpractice? Answer: The therapist may or may not have had malevolent intentions, but there must be a causal connection between the therapist's actions and the harm suffered by the client. ================================================== Question: Which of the following situations MOST clearly represents an unethical dual relationship? Answer: A counselor's client is her husband's secretary ================================================== Question: Your client calls you because he is worried that his wife is going to hurt someone. She just had her insurance claim rejected and she is threatening to shoot her agent. Your client believes that this is a serious threat. Which of the following is true? Answer: You are not required to contact her insurance agent or a law enforcement agency ================================================== Question: A client tells you that another therapist he was seeing a few months ago made sexual advances toward him during the course of therapy. What should you do? Answer: Inform the client of his alternatives in this circumstance ================================================== Question: Your client tells you that she works the late shift at a local restaurant. She is gone from her house for four hours five nights a week. She tells you that she leaves her 6 yo daughter at home alone during that time. She says that she thinks it is safe because she doesn't leave until the child is asleep and she has practiced with the child how to call her is she has an emergency or wakes up. What should you do? Answer: Report to CPS and then work with this woman to understand the dangers inherent in her behavior ================================================== Question: Your new client has been diagnosed with DID, which apparently stems from years of child abuse. You have no training in treating clients with this disorder. You should: Answer: refer her to another mental health provider who is qualified to treat your client for this disorder ================================================== Question: Administering which of the following types of tests is considered to be within an LPCC's scope of practice? Answer: aptitude tests and achievement tests NOT included: assessing personality, individually administered intelligence tests, neuropsychological testing, or a battery of 3+ tests to determine presence of [psychosis, dementia, amnesia, cognitive impairment, or criminal bx] ================================================== Question: When an LPCC learned that a client has been physically abused and the client lives in a long-term care facility that is not a state mental hospital or state developmental center, the LPCC must make a telephone report: Answer: immediately (but no later than 2 hrs) and a written report within 2 hrs if the abuse resulted in serious bodily injury ================================================== Question: As required by law, informed consent for telehealth: Answer: may be verbal or written and must be documented ================================================== Question: You receive a call from an emergency room physician who is treating your client. The client has given her consent for the physician to access her records. However, the client owes you money for 2 months of therapy. Which of the following is true? Answer: You may not withhold the records. ================================================== Question: When faxing protected health information, the document to be faxed should include a cover sheet that contains which of the following? Answer: a confidentiality statement that indicated the information should be used only for the requested of intended purposes and instructions on what the recipient should do if the fax was inadvertently sent to the wrong number ================================================== Question: The primary element in determining vicarious liability is: Answer: the disparity in training and experience Vicarious liability: a counselor's liability when they are responsible for the services provided to a client by a supervisee or employee. There will be a large discrepancy in the training and experience of the 2 individuals. In this case the counselor has some degree of control over the services provided by the supervisee or em ================================================== Question: An 84 yo man who you have been working with is taken to the ER. The ER medical technician calls you because she found your card in the patient's pocket. She requests information about your client. What should you do? Answer: Give the EMT information related to the emergency ================================================== Question: When asked to provide confidential client information in court or at a deposition, you should: Answer: assert the psychotherapist-patient privilege and provide the information only with authorization from the client or an order from the court ================================================== Question: A counselor is a member of the army reserve and may be called into active duty at any time. What preparations should the counselor make? Answer: Arrange for colleagues to provide professional services in her absence ================================================== Question: A counselor is hired by a company to provide services to employees as part of the company's employee assistance program. The company has traditionally photocopies standardized psychometric tests to save money, and the program director, who is a licensed psychologist, instructs the counselor to continue using the photocopies tests. The counselor believes that photocopying the tests violates copyright laws and, consequently, should: Answer: talk with the program director to attempt to resolve the company's misuse of the tests ================================================== Question: Melissa, age 12, tells her counselor that she really needs to talk to someone about how her friends are gossiping about her on Facebook. She says she doesn't want her parents involved because they don't understand how Facebook works and probably would force her to stop using it. She also says that they don't believe in therapy. How should the counselor proceed? Answer: See her if he believes she's mature enough to consent to her own treatment but continue seeing her without the knowledge of her parents only if he determines that contacting them would be inappropriate. ================================================== Question: You have been working in individual therapy with a 17 yo female. During a session, the client reports that she was rapes a few months ago but refuses to tell you who raped her. The client then abruptly says that, in fact, she was not raped. What would you do? Answer: Remind the cleint of the limits of confidentiality and file a child abuse report ================================================== Question: You learn that your client is physically abusing her 10 yo son and determine that you need to make a child abuse report. Which of the following is true? Answer: You are not legally required to notify the client in advance that you are making the report ================================================== Question: A counselor is a professior at a local college and is sexually involved with a masters student who is in one of his classes Answer: this is unethical ================================================== Question: Which of the following accurately describes the requirements of HIPAA's privacy rule with regard to disclosing a client's protected health information? Answer: Providers are not required to obtain authorization from the client when PHI is being disclosed for the purpose of treatment, payment, or health care operations ================================================== Question: Your colleague sends you a check for $100 after you referred 2 clients to her in a 1 week period. In this situation you should be aware of what? Answer: Generally it is illegal and unacceptable to accept payment for referrals ================================================== Question: Your client is a 16 yo who is currently attending a prep school. He says that he is constantly picked on by everyone who lives in his dorm. He then goes on to tell you that he plans to get a gun and kill as many students as he can in the dorm. You should Answer: contact the police and a school official ================================================== Question: A mother brings in her 15yo daughter. The presenting issue is that the daughter ran away from home, lied about her age, and got married secretly. When the mother found out, she had the marriage annulled because it wasn't legal. The mother is paying for the sessions and wants to be kept up to date. The counselor should keep in mind that Answer: the daughter might be a victim of sexual abuse and/or statutory rape ================================================== Question: Suzanne, age 15, tells her counselor that for at least 2 months she's been stalked by a couple of gang members who follow and harass her when she walks home after school every day and send her scary emails. At first she asked them to stop following her but they just laughed and made threatening gestures so she has been ignoring them as best she can. When the counselor asks if she has told her parents or school authorities she says she doesn't want anyone to know because it will only make things worse. What should the counselor do Answer: breach confidentiality by contacting the police and/or her parents if it seems to be in ct's best interest ==================================================