Law & Ethics, Exam 1 with Rationales, 2026 – Study and
Review Material
The informed consent procedure in telemedicine must include:
Select one:
a. the qualifications of the health care provider
b. the potential benefits and risks of treatment
c. the address and telephone number of the board
d. the email address of the health care provider - correct answer ✔✔ B is correct: Under
Business and Professions Code 2290.5, the informed consent procedure shall provide patients
with a "description of the potential risks, consequences, and benefits of telemedicine."
A health provider may release a patient's protected health information (PHI) for the purpose of
clinical research:
Select one:
a. only with authorization from the patient.
b. with authorization from the patient or the approval of an Institutional Review Board or
Privacy Board.
c. when the potential value of the research results warrants release of the information.
d. whenever the research is being conducted by an approved research facility or organization. -
correct answer ✔✔ Answer B is correct. The requirements of HIPAA's Privacy Rule and California
Civil Code Section 56.10(c)(7) are inconsistent with regard to the release of information for
research purposes. However, the requirements of HIPAA pre-empt California law because they
are more stringent (i.e., they provide the client with greater privacy protection). According to
the Privacy Rule (45 C.F.R. 164.512), a patient's PHI can be released without authorization from
the patient for research purposes when (a) approval to do so has been granted by an
Institutional Review Board or Privacy Board; (b) the patient is deceased; or (c) a limited data set
that excludes direct identifiers is provided under a data use agreement between the health
provider and researcher.
,Section 5150 of the California Welfare and Institutions Code states that a person may be
involuntarily hospitalized in an approved facility for treatment and assessment for a period not
to exceed ________ when, as the result of a mental disorder, he or she is a danger to self or
others or is gravely disabled.
Select one:
a. 48 hours
b. 72 hours
c. 7 days
d. 10 days - correct answer ✔✔ Answer B is correct. It's very likely you'll encounter a question
on Section 5150 on the exam, and you want to know that it permits a "72-hour hold" of any
person who, as the result of a mental disorder, is a danger to self or others or is gravely
disabled.
LPCCs acting as providers of supervised visitation must be aware that the psychotherapist-
patient privilege:
Select one:
a. does not apply during therapeutic supervised visitation.
b. applies and can be waived only by the court.
c. applies and can be waived only by the child's parent or legal guardian.
d. applies and can be waived only by Child Protective Services or the court. - correct answer ✔✔
Answer A is correct. As noted in Standard 5.20(i) of the California Rules of Court, "the
psychotherapist-patient privilege does not apply during therapeutic supervision." However, a
therapeutic provider should maintain confidentiality except in certain circumstances including
when ordered by the court to release information, in response to a subpoena, or to provide
information to Child Protective Services or law enforcement.
A physician refers a terminally ill woman to you in your private practice. The physician says that
the woman would like help writing her will, and the woman confirms to you that this is what
she wants. How would you proceed?
Select one:
a. Assess the client's mental and emotional status.
,b. Assess how the client is coping with her diagnosis.
c. Help the client write her will, since this is the reason she has come in.
d. Refer the client to an attorney. - correct answer ✔✔ D is correct: Although this is presented
as a clinical case, the underlying issue is your scope of practice. According to the question, the
client was referred to you because she wants help writing her will and the client has confirmed
that this is what she wants - despite her illness, she apparently has no other presenting issues or
needs at this time. For this reason, you should refer the woman to an attorney for help in
writing her will. Answer B: While this intervention seems appropriate, it doesn't address the
woman's sole request, which is for help writing her will. Answer C: This is outside the scope of a
counselor's practice.
What information must be included in a child abuse report?
Select one:
a. name of the victim
b. location of victim
c. nature of the abuse
d. name of the mandated reporter - correct answer ✔✔ D is correct: As a mandated reporter,
you must include your name and address when you make a child abuse report. You should
include additional information if known: name and address of the victim, nature of the abuse,
and so on. However, you would still file a child abuse report if some of this information is not
known.
A child abuse report can be submitted to:
Select one:
a. a police department only
b. a police department or sherif and 's department only
c. a police department or sherif and 's department, or county welfare department only
d. a police department or sherif and 's department, or county welfare department, or county
probation department if designated by the county to receive mandated reports - correct answer
✔✔ D is correct: As stated in Penal Code 11165.9, "[r]eports of suspected child abuse or neglect
shall be made ... to any police department or sheriff's department, not including a school
, district police or security department, county probation department, if designated by the
county to receive mandated reports, or the county welfare department."
A mandated reported is required to file a child abuse report for all of the following acts
perpetrated against a minor, except:
Select one:
a. neglect
b. cruel corporal punishment
c. serious emotional damage
d. sexual abuse - correct answer ✔✔ C is correct: As stated in Penal Code 11166.05, "[a]ny
mandated reporter who has knowledge of or who reasonably suspects that a child is suffering
serious emotional damage or is at a substantial risk of suffering serious emotional damage,
evidenced by states of being or behavior, including, but not limited to, severe anxiety,
depression, withdrawal, or untoward aggressive behavior toward self or others, MAY [emphasis
added] make a report ..."
Your client shows up for his session looking extremely disheveled. He says that he has been
awake for over 48 hours. He also reports that he is hearing voices in his head and is desperate
to make them stop. What would you do?
Select one:
a. Refer the client to a psychiatrist.
b. Initiate a 5150.
c. Contact a family member who will monitor the client's safety.
d. You cannot take any specific action because the client has not threatened an identifiable
victim. - correct answer ✔✔ B is correct: Your client appears to be gravely disabled due to a
mental disorder ("awake for over 48 hours," "hearing voices"): "When any person, as a result of
a mental disorder, is a danger to others, or to himself or herself, or gravely disabled, a peace
officer, a member of the attending staff of an evaluation facility designated by the county,
designated members of a mobile crisis team, or other professional person designated by a
county, may upon probable cause, take, or cause to be taken, the person into custody and place
him or her in a facility designated by the county and approved by the State Department of
Mental Health as a facility for 72-hour treatment and evaluation" (W.I.C. 5150). To activate, or
Review Material
The informed consent procedure in telemedicine must include:
Select one:
a. the qualifications of the health care provider
b. the potential benefits and risks of treatment
c. the address and telephone number of the board
d. the email address of the health care provider - correct answer ✔✔ B is correct: Under
Business and Professions Code 2290.5, the informed consent procedure shall provide patients
with a "description of the potential risks, consequences, and benefits of telemedicine."
A health provider may release a patient's protected health information (PHI) for the purpose of
clinical research:
Select one:
a. only with authorization from the patient.
b. with authorization from the patient or the approval of an Institutional Review Board or
Privacy Board.
c. when the potential value of the research results warrants release of the information.
d. whenever the research is being conducted by an approved research facility or organization. -
correct answer ✔✔ Answer B is correct. The requirements of HIPAA's Privacy Rule and California
Civil Code Section 56.10(c)(7) are inconsistent with regard to the release of information for
research purposes. However, the requirements of HIPAA pre-empt California law because they
are more stringent (i.e., they provide the client with greater privacy protection). According to
the Privacy Rule (45 C.F.R. 164.512), a patient's PHI can be released without authorization from
the patient for research purposes when (a) approval to do so has been granted by an
Institutional Review Board or Privacy Board; (b) the patient is deceased; or (c) a limited data set
that excludes direct identifiers is provided under a data use agreement between the health
provider and researcher.
,Section 5150 of the California Welfare and Institutions Code states that a person may be
involuntarily hospitalized in an approved facility for treatment and assessment for a period not
to exceed ________ when, as the result of a mental disorder, he or she is a danger to self or
others or is gravely disabled.
Select one:
a. 48 hours
b. 72 hours
c. 7 days
d. 10 days - correct answer ✔✔ Answer B is correct. It's very likely you'll encounter a question
on Section 5150 on the exam, and you want to know that it permits a "72-hour hold" of any
person who, as the result of a mental disorder, is a danger to self or others or is gravely
disabled.
LPCCs acting as providers of supervised visitation must be aware that the psychotherapist-
patient privilege:
Select one:
a. does not apply during therapeutic supervised visitation.
b. applies and can be waived only by the court.
c. applies and can be waived only by the child's parent or legal guardian.
d. applies and can be waived only by Child Protective Services or the court. - correct answer ✔✔
Answer A is correct. As noted in Standard 5.20(i) of the California Rules of Court, "the
psychotherapist-patient privilege does not apply during therapeutic supervision." However, a
therapeutic provider should maintain confidentiality except in certain circumstances including
when ordered by the court to release information, in response to a subpoena, or to provide
information to Child Protective Services or law enforcement.
A physician refers a terminally ill woman to you in your private practice. The physician says that
the woman would like help writing her will, and the woman confirms to you that this is what
she wants. How would you proceed?
Select one:
a. Assess the client's mental and emotional status.
,b. Assess how the client is coping with her diagnosis.
c. Help the client write her will, since this is the reason she has come in.
d. Refer the client to an attorney. - correct answer ✔✔ D is correct: Although this is presented
as a clinical case, the underlying issue is your scope of practice. According to the question, the
client was referred to you because she wants help writing her will and the client has confirmed
that this is what she wants - despite her illness, she apparently has no other presenting issues or
needs at this time. For this reason, you should refer the woman to an attorney for help in
writing her will. Answer B: While this intervention seems appropriate, it doesn't address the
woman's sole request, which is for help writing her will. Answer C: This is outside the scope of a
counselor's practice.
What information must be included in a child abuse report?
Select one:
a. name of the victim
b. location of victim
c. nature of the abuse
d. name of the mandated reporter - correct answer ✔✔ D is correct: As a mandated reporter,
you must include your name and address when you make a child abuse report. You should
include additional information if known: name and address of the victim, nature of the abuse,
and so on. However, you would still file a child abuse report if some of this information is not
known.
A child abuse report can be submitted to:
Select one:
a. a police department only
b. a police department or sherif and 's department only
c. a police department or sherif and 's department, or county welfare department only
d. a police department or sherif and 's department, or county welfare department, or county
probation department if designated by the county to receive mandated reports - correct answer
✔✔ D is correct: As stated in Penal Code 11165.9, "[r]eports of suspected child abuse or neglect
shall be made ... to any police department or sheriff's department, not including a school
, district police or security department, county probation department, if designated by the
county to receive mandated reports, or the county welfare department."
A mandated reported is required to file a child abuse report for all of the following acts
perpetrated against a minor, except:
Select one:
a. neglect
b. cruel corporal punishment
c. serious emotional damage
d. sexual abuse - correct answer ✔✔ C is correct: As stated in Penal Code 11166.05, "[a]ny
mandated reporter who has knowledge of or who reasonably suspects that a child is suffering
serious emotional damage or is at a substantial risk of suffering serious emotional damage,
evidenced by states of being or behavior, including, but not limited to, severe anxiety,
depression, withdrawal, or untoward aggressive behavior toward self or others, MAY [emphasis
added] make a report ..."
Your client shows up for his session looking extremely disheveled. He says that he has been
awake for over 48 hours. He also reports that he is hearing voices in his head and is desperate
to make them stop. What would you do?
Select one:
a. Refer the client to a psychiatrist.
b. Initiate a 5150.
c. Contact a family member who will monitor the client's safety.
d. You cannot take any specific action because the client has not threatened an identifiable
victim. - correct answer ✔✔ B is correct: Your client appears to be gravely disabled due to a
mental disorder ("awake for over 48 hours," "hearing voices"): "When any person, as a result of
a mental disorder, is a danger to others, or to himself or herself, or gravely disabled, a peace
officer, a member of the attending staff of an evaluation facility designated by the county,
designated members of a mobile crisis team, or other professional person designated by a
county, may upon probable cause, take, or cause to be taken, the person into custody and place
him or her in a facility designated by the county and approved by the State Department of
Mental Health as a facility for 72-hour treatment and evaluation" (W.I.C. 5150). To activate, or
