LPCC Law & Ethics Exam 1 Questions And Answers Rated A+ New Update Assured Satisfaction

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 - 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. - 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. - 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 - Answer-b get consent from the parent or parents who have legal custody before seeing the boy