TEXAS LPC JURISPRUDENCE EXAM WITH GRADED A+ ANSWERS.

Professional Counselors apply... - correct answer Mental health, psychotherapeutic & human development principles LPCs facilitate... - correct answer Human development, life span adjustment; prevent assess, evaluate & treat mental, emotional & behavioral disorders & distress; conduct assessments & evals; establish Tx plans & goals; evaluate Tx plans & interventions. Counseling is defined as - correct answer Assisting clients through therapeutic relationship, using combo of mental health & development principles/methods & P/T to achieve mental, emotional, physical, social, moral, educational, spiritual or career-related development & adjustment across the life span. Assessment is defined as - correct answer Selecting, administering, scoring & interpreting instruments designed to assess aptitude's, abilities, achievements, interests, personal characteristics, disabilities & mental, emotional & behavioral D/o What assessments are LPCs NOT able to use? - correct answer Standardized projective techniques such as Rorschach Ink Blot, Roberts Apperception Test, Thematic Apperception. Consulting means... - correct answer The application of scientific principles & procedures in counseling & human development to provide assistance in understanding & solving current or potential problems that the person seeking consultation may have w/ another individual, group or organization. Referral means... - correct answer Evaluating & identifying needs of counselee to determine the advisability of referral to other specialists, informing the counselor of such judgement & communicating as requested if deemed appropriate to such referral source. LPCs are regulated by... - correct answer Texas Occupations Code Chapter 503 - Professional Counselors Texas Occupations Code Chapter 503 - Professional Counselors is also known as - correct answer Licensed Professional Counselors Act Texas Occupations Code Chapter 503 - Professional Counselors aka Licensed Professional Counselors Act does NOT allow for... - correct answer practice of medicine, law, counseling for government or educational institutions, counselor interns, federal employees, social workers, pastoral counselors, public/private nonprofits, rehab counselors & music therapists. Does the Texas occupational code have a separate specialization for art therapy? - correct answer YES LPCs are regulated by - correct answer Texas State Board of Examiners of Professional Counselors Texas State Board of Examiners of Professional Counselors falls under - correct answer The Department is State Health Services Licensed Professional Counselor or Licensed Counselor implies... - correct answer the person is licensed, trained, experienced or expert in counseling & engages in any practice of counseling w/ individuals, couples, families & groups for compensation. Counseling treatment intervention means... - correct answer application of cognitive, affective, behavioral, psychodynamic & systemic counseling strategies including developmental, wellness & psychological dysfunction that reflect a pluralistic society. Can a LPC diagnose or treat a physical condition or D/o? - correct answer No Texas State Board of Examiners of Professional Counselors consists of... - correct answer9 members appointed by the governor including 5 LPCs (at least 3 in private practice & 1 counselor educator) & 4 members of the public. How long is a Board members term? - correct answer6 years w/ the terms of 3 members expiring Feb 1 of each odd-numbered year Who adopts & publishes LPC code of ethics? - correct answer The Board Who adopts & lists authorized counseling methods & practices? - correct answer The Board What 3 places does the Board establish consumers receive info on directing complaints? - correct answer1-written contracts for services, 2-sign prominently displayed in the place of business & 3-bill for services provided by persons regulated by the board. Can the board request the department issue a subpoena to compel the attendance of a relevant witness? - correct answer YES Are formal charges by the board against the holder of the license confidential? - correct answer No, the nature of charges, disciplinary proceedings & final disciplinary actions including warnings & reprimands by the board are subject to disclosure. Does an LPC have to display their license? - correct answer Yes, in an appropriate in public manner. How frequently does an LPC have to renew their license? - correct answer Biennially w/ no violations of the chapter & w/ appropriate continuing education requirements met. When does the board notify an LPC that the license is expiring? - correct answer No later than the 30th day before the expiration date of the license. What happens when a license has been expired for one year or more? - correct answer A new license can be obtained by complying with the requirements & procedures for obtaining an original license. When is an LPC subject to disciplinary action by the board? - correct answer1-violates the chapter, rule or code of ethics; 2-commits an act for which the license holder is liable under the civil practice and remedies code; 3-is legally committed to an institution because of mental incompetence from any cause; 4-directly or indirectly offers to pay or agrees to except remuneration to or from any person for securing or soliciting a patient or patronage. If an LPC is subject to disciplinary action the board can... - correct answer1-revoke or suspend the person's license; 2-refuse to renew the persons license; 3-suspend the persons license and place the person on probation with the license suspension probated; 4-Reprimand the person. Is the license holder entitled to a hearing before a sanction is imposed by the board? - correct answer Yes, conducted by the State Office of Administrative Hearings. Can a license be suspended temporarily without notice or a hearing? - correct answer Yes, if the evidence or information presented that continued practice by the license holder would constitute a continuing an eminent threat to the public welfare. Can the board order a license holder to pay a refund to a consumer? - correct answer Yes, as a result of an informal settlement conference or in addition to imposing administrative penalty. It may not exceed the amount the consumer paid to the license holder for services. What is considered a criminal offense under the board regulations? - correct answer1-engaging in the practice of professional counseling without holding a license; 2-representing the person by the title "License Professional Counselor" or "Licensed Counselor" without holding a license; 3- representing the person by the title "Licensed Professional Counselor Art Therapist," "Art Therapist," or by the initials "LPC-AT" or "AT." What is the amount of administrative penalty imposed by the board? - correct answer May not be less than $50 or more than $5,000 for each violation. each day a violation continues or occurs is a separate violation for the purpose of imposing a penalty. What is the amount of administrative penalty based on? - correct answer1-The seriousness of the violation; 2-economic harm caused; 3-history of previous violations; 4-amount necessary to deter future violations; 5-Efforts to correct the violation; 6-any other matter that Justice may require. How will the department notify an LPC if a violation is reported? - correct answer The department will give written notice of the violation including 1-brief summary of the alleged violation; 2-amount of the administrative penalty recommended by the department; 3-information of the person's right to a hearing on the occurrence of the violation, the amount of the penalty or both. How long does person have to respond after receiving the notice of violation and penalty? - correct answer Within 10 days after the date the person receives the notice. Can respond w/ 1-accepting the determination & penalty of the department; or 2-make a request for a hearing on the occurrence of the violation, the amount of the penalty or both. What are decisions the board may give regarding a violation? - correct answer1- violation occurred and impose in administrative penalty; or 2-violation did not occur. What are an LPC's options following the board's decision on a violation? - correct answer To pay or appeal. Within 30 days after the date of the board's order becomes final a person can 1-pay the administrative penalty or 2-file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty or both. What happens if the person does not pay the administrative penalty? - correct answer The attorney general may sue to collect the penalty. True or false? A licensee shall not make any false, misleading, deceptive, fraudulent or exaggerated claims or statements about the licensees services. - correct answer TRUE A false, misleading, deceptive, fraudulent or exaggerated claim/statement could include (but not limited to)... - correct answer1-effectiveness of services; 2- licensee's qualifications, capabilities, background, training, experience, education, professional affiliations, fees, products or publications; 3-The practice or field of counseling. True or false? A licensee shall not make false or misleading claims/statements about services of mental health organizations or agencies effectiveness of service, qualifications or products. - correct answer TRUE True or false? A licensee shall discourage a client from holding exaggerated or false ideas about the licensees professional services. - correct answer TRUE True or false? A licensee does NOT have to take action to correct false or exaggerated ideas held by a client if the licensee learns of this. - correct answer FALSE, licensee shall take immediate & reasonable action to correct false ideas held by client. True or false? A licensee has to make reasonable efforts to discourage others from making misrepresentations, exaggerated or deceptive claims about the licensee's practice or services. - correct answer TRUE, and the licensee shall take immediate and reasonable action to correct the statement. True or false? A licensee can provide counseling anywhere anytime and in any way. - correct answer FALSE, a licensee can provide counseling only in the context of a professional relationship regardless of setting. What does a licensee have to provide in writing to an individual before counseling services begin? - correct answer1-fees and arrangement for payment; 2-counseling purposes, goals and techniques; 3- any restrictions placed on license by the board; 4-limits of confidentiality; 5-any intent of the licensee to use another individual to provide counseling treatment intervention to the client; 6-supervision of the licensee by another licensed healthcare professional; 7-name address and telephone number of the board for the purpose of reporting violations; 8-plan for the custody and control of the individual's mental health records in the event of the licensee's death, incapacity or termination of the licensee's counseling practice. Can the licensee inform the client verbally of any changes to the counseling agreement? - correct answer No, clients must be informed of changes in WRITING prior to initiating changes. Can technological means of communication be used to facilitate the therapeutic counseling process? - correct answer YES, interactive distance counseling can be used and must adhere to each provision of the rules and statutes of the board. Can a licensee knowingly offer to pay or agree to accept any remuneration for securing or soliciting clients or patronage for or from any health care professional? - correct answer NO, no remuneration/ kick-back can occur directly or indirectly, overtly or covertly, in cash or in kind, to or from any person, firm, association of persons, partnership, corporation or entity to the licensee. Can a licensee engage in activities for the licensee's personal gain at the expense of a client? - correct answer NO Can a licensee engage in activities, services or product sales with a client? - correct answer Yes, if such activities, services or products are to facilitate the counseling process or help achieve the client's counseling goals. The licensee must first inform the client of the licensee's personal and/or business interest in the activity prior to engaging in the activity/sale. Can a licensee exert undue influence in promoting activities, services or products for which the licensee has personal and or business interest? - correct answer NO True or false? A licensee must set and maintain professional boundaries. - correct answer TRUE True or false? non-therapeutic relationships with clients are prohibited. - correct answer TRUE A non-therapeutic relationship is defined as... - correct answer Any non-counseling activity initiated by either the licensee or the client that results in a relationship unrelated to therapy. How many years have to pass before a licensee may engage in a non-therapeutic relationship with a client? - correct answer More than 2 years after the end of the counseling relationship and the non-therapeutic relationship is consensual, not the result of exploitation by the licensee and is not detrimental to the client. How many years must pass before a licensee may engage in sexual contact with a client? - correct answer More than 5 years after the end of the counseling relationship and the non-therapeutic relationship is consensual, not the result of exploitation by the licensee and is not detrimental to the client. For non-therapeutic and sexual relationships with clients, does the licensee have to demonstrate there is no exploitation and no harm to the client? - correct answer YES Can a licensee provide counseling service to previous or current family members, personal friends, educational associates or business associates? - correct answer NO Can a licensee give or except a gift from a client or a relative of a client valued at more than $50? - correct answer NO True or false? A licensee can borrow or lend money or items of value to clients or relatives of clients and except payment in the form of goods or services rendered by client or relative of a client. - correct answer FALSE True or false? A licensee can offer and provide counseling to an individual concurrently receiving counseling treatment intervention from another mental health counselor without informing the other counselor. - correct answer FALSE, licensee should request release from the client to inform the other professional striving to establish positive and collaborative professional relationships. Yes or no? A licensee may take reasonable action to inform medical or law-enforcement personnel if the licensee determines that there is a probability of eminent physical injury by the client to the client or others or there was a probability of a media mental or emotional injury to the client. - correct answer YES Does the licensee have to take reasonable precautions to protect individuals from physical or emotional harm resulting from interactions within a group or from individual counseling? - correct answer YES What has to be documented to be considered accurate record keeping of counseling w/ each client? - correct answer1-intake assessment; 2-dates of counseling treatment intervention; 3-principal treatment methods; 4-progress notes; 5-treatment plan; 6-billing information. How long does a licensee have to keep records of a client? - correct answer A minimum of 5 years from the date of the last contact with the client. True or false? LPCs can only bill clients or third parties for services actually rendered. - correct answer TRUE Yes or no? Relationships between a licensee and any other person used by the licensee to provide services to a client will be reflected on billing documents. - correct answer YES If a written request is made, LPCs must provide a written explanation of a billing statement to a client or client's guardian. - correct answer TRUE What is the exception for a licensee to submit a bill to a client for counseling treatment intervention that was not provided? - correct answer Unkept appointment or no-show fee. Does an LPC have to comply with requests for the release of mental health records and confidential information? - correct answer Yes, under the guidelines of Texas Health and Safety Code, chapters 611 and 181. What is the policy of providing counseling services to a minor client who is named in a custody agreement or court order? - correct answer LPC shall obtain, review and maintain in the minor client's record a current copy of the custody agreement or court order as well as any applicable part of the divorce decree before beginning counseling services. What should an LPC do when it is reasonably clear that the client is not benefiting from the counseling relationship? - correct answer Terminate the professional counseling relationship. If professional counseling is still necessary, the LPC shall take reasonable steps to facilitate the transfer to appropriate care. Can an LPC evaluate an individual's mental emotional or behavioral condition if the LPC has not personally interview the individual? - correct answer No, or the LPC must disclose within the evaluation that the LOC has NOT personally interviewed the individual. True or false? An LPC shall not aid or abet the unlicensed practice of professional counseling by a person required to be licensed. - correct answer TRUE Yes or no? An LPC shall report to the board knowledge of any unlicensed practice of counseling. - correct answer YES Sexual contact means... - correct answer1-deviate sexual intercourse; 2-sexual contact; 3-sexual intercourse; 4-requests or offers by a licensee for deviate sexual intercourse, sexual contact or sexual intercourse. Sexual exploitation means... - correct answer A pattern, practice or scheme of conduct, which may include sexual contact that can reasonably be construed as being for the purposes of sexual arousal or gratification or sexual abuse of any person. Sexual exploitation does NOT mean... - correct answer Obtaining information about a client sexual history within standard excepted practice while treating a sexual relationship dysfunction. Therapeutic deception means... - correct answer A representation by an LPC that sexual contact with, or sexual exploitation by, the LPC is consistent with, or a part of, a clients or former clients counseling. An LPC shall NOT engage in sexual contact with or sexual exploitation of a person who is... - correct answer1-A client; 2-an LPC Intern supervised by the licensee; 3-Is student of a licensee add an educational institution at which the licensee provides professional or educational services. Sexual contact that occurs more than ______ years after the termination of the client relationship, an LPC intern or a student of the licensee at a post secondary educational institution will not be deemed a violation. - correct answer5 years and if the conduct is consensual, not the result of sexual exploitation and not detrimental to the client True or false? The LPC must demonstrate that there has been no exploitation in a sexual or romantic relationship w/ a previous client including... - correct answer TRUE, 1-amount of time that has passed since therapy terminated; 2-nature and duration of the therapy; 3-circumstances of termination; 4-client's personal history; 5-client's current mental status; 6-likelihood of adverse impact on the client and others; 7-any statements or actions made by the therapist during the course of therapy suggesting or inviting the possibility of a post termination sexual or romantic relationship with the client. A licensee CAN or CANNOT practice therapeutic deception of a person who is a client? - correct answer CANNOT True or false? It is NOT a defense if the sexual contact, sexual exploitation or therapeutic deception with the person occurred with consent, outside the professional counseling sessions or off the premises regularly used for professionally counseling sessions. - correct answer TRUE Yes or no? Sexual exploitation if done for the purpose of sexual arousal or gratification or sexual abuse of any person may include sexual harassment, sexual solicitation, physical advances, and or verbal or nonverbal conduct that is sexual in nature. - correct answer YES Conduct that is sexual in nature includes... - correct answer1-conduct that is offensive or creates a hostile environment, and the licensee knows or is told this Conduct that is sexual in nature includes... - correct answer2-is sufficiently severe or intense to be abusive to a reasonable person in the context Conduct that is sexual in nature includes... - correct answer3-any behavior, gestures or expressions which may reasonably be interpreted as seductive or sexual Conduct that is sexual in nature includes... - correct answer4-sexual comments about or to a person, including making sexual comments about a person's body Conduct that is sexual in nature includes... - correct answer5- making sexually demeaning comments about an individual's sexual orientation Conduct that is sexual in nature includes... - correct answer6-making comments about potential sexual performance except when the comment is pertinent pertinent to the issue of sexual function or dysfunction in counseling Conduct that is sexual in nature includes... - correct answer7-Requesting details of sexual history or sexual likes and dislikes when not necessary for counseling of the individual Conduct that is sexual in nature includes... - correct answer8-initiating conversation regarding the sexual problems, preferences or fantasies of the licensee Conduct that is sexual in nature includes... - correct answer9-kissing or fondling Conduct that is sexual in nature includes... - correct answer10-making a request for a date Conduct that is sexual in nature includes... - correct answer11-any other deliberate or repeated comments, gestures or physical acts not constituting sexual intimacy's but of a sexual nature