LPCC Law & Ethics Exam 1 Questions
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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
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Ans: 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.
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Ans: 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:
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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.
Ans: 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