LPCC LAW & ETHICS EXAM 1 QUESTIONS WITH ALL CORRECT
SOLUTIONS
John Doe, age 19, has chronic paranoid schizophrenia, lives in a group home, and has a
conservator who was appointed by the court. Who should give consent to counseling for John?
A: John because he is an adult
B: any officer of the court
C: his caregiver at the group home
D: his conservator - CORRECT ANSWER✅✅✅D: his conservator
Courts appoint conservators when a person is unable to manage his or her own affairs. John's
conservator is essentially in charge of him, as though he were a minor, and will determine if John
should receive mental health counseling.
You receive a written request from a former client for a copy of his therapy records. His request
does not include your psychotherapy notes. Unless you have a lawful reason for withholding the
records, you must respond to the request by sending:
A: a copy or summary of the records within 5 days
B: a copy or summary of the records within 15 days.
C: a copy of the records within 7 days.
D: a copy of the records within 15 days. - CORRECT ANSWER✅✅✅D: a copy of the
records within 15 days.
HIPAA requires health providers to provide patients with copies of their records (PHI) when the
provider receives a written request for the records and there is no lawful reason for withholding
the records. The 15 day requirement for providing the records is established by Health and Safety
Code Section 123110(b). *Note* HIPAA's requirements with regard to the release of a copy
(rather than a summary) of records takes precedence over state law (H&SC 123110) since
HIPAA is more stringent in terms of providing patients with access to their records.
,Your client, age 16, tells you that she started having sexual relations with her 21 year old
boyfriend last week. She says that her boyfriend told her they wouldn't have sex until she was
ready and, after thinking it over for the past few months, she decided she was ready. In this
situation:
A: statutory rape has occurred and you are required to file a child abuse report.
B: statutory rape has occurred but you are not required to file a child abuse report.
C: statutory rape has not occurred but you are required to file a child abuse report.
D: statutory rape has not occurred and you are not required to file a child abuse report. -
CORRECT ANSWER✅✅✅B: statutory rape has occurred but you are not required to file a
child abuse report.
Statutory rape (unlawful sexual intercourse with a minor) has occurred since the client is under
18 and not married to her 21 yr old sexual partner. However, you are not required to file a child
abuse report because the client is 16 and the sexual contact with her boyfriend was consensual,
nonabusive, and noncoercive
A woman calls you about counseling for her 12 yr old stepson who visits them on the weekends.
The boy has been despondent and threatening to kill himself during the last few visits. The
woman says the boy's biological mother does not see any need for counseling and neither does
the boy's father. She says he really needs some help. Legally, you should:
A: get consent from both biological parents before seeing the boy
B: get consent from the parent or parents who have legal custody before seeing the boy.
C: see the boy and have him consent to his own treatment
D see the boy with the stepmother's consent only since it is a emergency - CORRECT
ANSWER✅✅✅b get consent from the parent or parents who have legal custody before
seeing the boy
If the biological parents have joint legal custody, you only need the consent of one parent,
thought it is clinically desirable to get consent from both.
, An adult meets the legal requirements for a "grave disability" when, as the result of a mental
disorder, he or she is - CORRECT ANSWER✅✅✅unable to provide for his or her own
basic needs
You are working with Pearl who is 42 yrs old & a dependent adult. She tells you that she is being
physically abused by a staff member where she lives. Because Pearl is living in a long-term care
facility that is NOT part of a state mental health hospital or state developmental facility, you
should make a telephone report of abuse to who?
A: adult protective services agency
B: appropriate licensing agency
C: local ombudsman
D: local law enforcement agency - CORRECT ANSWER✅✅✅D: local law enforcement
agency
For physical abuse in long-term care facility, phone report to local law enforcement w/i 2 hrs if
serious injury, 24 if not serious injury. Follow-up written report to local ombudsman, licensing
agency, and law enforcement w/i 2 hrs if serious injury, 24 hrs if not serious injury
Which of the following would you be best advised NOT to include in a client's clinical record?
A: information related to the ct's diagnosis or tx that is unverified
B: informed consents and authorizations
C: info about decisions related to sensitive and dangerous issues
D: info about the ct's prognosis - CORRECT ANSWER✅✅✅A: info related to the ct's
diagnosis or tx that is unverified
You have been working w/ Ralph for 8 mo. to help him cope w/ chronic anxiety. During a recent
session, he revealed to you that he is gay. You do not have experience working w/ gay clients.
You should:
A: tell ct your experience treating gay cts is limited and refer him to another therapist
SOLUTIONS
John Doe, age 19, has chronic paranoid schizophrenia, lives in a group home, and has a
conservator who was appointed by the court. Who should give consent to counseling for John?
A: John because he is an adult
B: any officer of the court
C: his caregiver at the group home
D: his conservator - CORRECT ANSWER✅✅✅D: his conservator
Courts appoint conservators when a person is unable to manage his or her own affairs. John's
conservator is essentially in charge of him, as though he were a minor, and will determine if John
should receive mental health counseling.
You receive a written request from a former client for a copy of his therapy records. His request
does not include your psychotherapy notes. Unless you have a lawful reason for withholding the
records, you must respond to the request by sending:
A: a copy or summary of the records within 5 days
B: a copy or summary of the records within 15 days.
C: a copy of the records within 7 days.
D: a copy of the records within 15 days. - CORRECT ANSWER✅✅✅D: a copy of the
records within 15 days.
HIPAA requires health providers to provide patients with copies of their records (PHI) when the
provider receives a written request for the records and there is no lawful reason for withholding
the records. The 15 day requirement for providing the records is established by Health and Safety
Code Section 123110(b). *Note* HIPAA's requirements with regard to the release of a copy
(rather than a summary) of records takes precedence over state law (H&SC 123110) since
HIPAA is more stringent in terms of providing patients with access to their records.
,Your client, age 16, tells you that she started having sexual relations with her 21 year old
boyfriend last week. She says that her boyfriend told her they wouldn't have sex until she was
ready and, after thinking it over for the past few months, she decided she was ready. In this
situation:
A: statutory rape has occurred and you are required to file a child abuse report.
B: statutory rape has occurred but you are not required to file a child abuse report.
C: statutory rape has not occurred but you are required to file a child abuse report.
D: statutory rape has not occurred and you are not required to file a child abuse report. -
CORRECT ANSWER✅✅✅B: statutory rape has occurred but you are not required to file a
child abuse report.
Statutory rape (unlawful sexual intercourse with a minor) has occurred since the client is under
18 and not married to her 21 yr old sexual partner. However, you are not required to file a child
abuse report because the client is 16 and the sexual contact with her boyfriend was consensual,
nonabusive, and noncoercive
A woman calls you about counseling for her 12 yr old stepson who visits them on the weekends.
The boy has been despondent and threatening to kill himself during the last few visits. The
woman says the boy's biological mother does not see any need for counseling and neither does
the boy's father. She says he really needs some help. Legally, you should:
A: get consent from both biological parents before seeing the boy
B: get consent from the parent or parents who have legal custody before seeing the boy.
C: see the boy and have him consent to his own treatment
D see the boy with the stepmother's consent only since it is a emergency - CORRECT
ANSWER✅✅✅b get consent from the parent or parents who have legal custody before
seeing the boy
If the biological parents have joint legal custody, you only need the consent of one parent,
thought it is clinically desirable to get consent from both.
, An adult meets the legal requirements for a "grave disability" when, as the result of a mental
disorder, he or she is - CORRECT ANSWER✅✅✅unable to provide for his or her own
basic needs
You are working with Pearl who is 42 yrs old & a dependent adult. She tells you that she is being
physically abused by a staff member where she lives. Because Pearl is living in a long-term care
facility that is NOT part of a state mental health hospital or state developmental facility, you
should make a telephone report of abuse to who?
A: adult protective services agency
B: appropriate licensing agency
C: local ombudsman
D: local law enforcement agency - CORRECT ANSWER✅✅✅D: local law enforcement
agency
For physical abuse in long-term care facility, phone report to local law enforcement w/i 2 hrs if
serious injury, 24 if not serious injury. Follow-up written report to local ombudsman, licensing
agency, and law enforcement w/i 2 hrs if serious injury, 24 hrs if not serious injury
Which of the following would you be best advised NOT to include in a client's clinical record?
A: information related to the ct's diagnosis or tx that is unverified
B: informed consents and authorizations
C: info about decisions related to sensitive and dangerous issues
D: info about the ct's prognosis - CORRECT ANSWER✅✅✅A: info related to the ct's
diagnosis or tx that is unverified
You have been working w/ Ralph for 8 mo. to help him cope w/ chronic anxiety. During a recent
session, he revealed to you that he is gay. You do not have experience working w/ gay clients.
You should:
A: tell ct your experience treating gay cts is limited and refer him to another therapist
