CPLEE Study Guide Exam Questions and
CORRECT Answers
Single act of therapist exploitation punishment - CORRECT ANSWER - May result in:
license revocation
County jail up to 6 months
$1000 or both
Probation. When can one petition for reinstatement? - CORRECT ANSWER - 1 year for
probation <3 years
2 years for 3 or more year probation
At least 3 years of license revoked, suspended or surrendered
When is privilege automatically waived? - CORRECT ANSWER - Any time confidential
communication is disclosed by patient to an unauthorized 3rd person
Consequences of committing a felony - CORRECT ANSWER - License suspended while
incarcerated
Once released license may be reactivated depending on felony committed or Board may elect to
pursue action against licensee upon release
Evidence code 1017 - CORRECT ANSWER - No privilege exists when the therapist is
appointed by the court or board of prisons to examine patient
Evidence code 1023 - CORRECT ANSWER - No privilege exists in proceedings initiated at
the request of the defendant to determine sanity in a criminal action suit
Evidence code 1025 - CORRECT ANSWER - No privilege in proceedings brought by a
patient or attorney to determine competence
, If an attorney hires you to assess a client, who is the client? - CORRECT ANSWER - Patient
is the client. Therapist-patient privilege applies.
If the information is used to help put together a legal strategy, the information can remain in
confidence with attorney-client privilege
What EAP info can be disclosed? - CORRECT ANSWER - If referred by employer: fitness
for work, functional limits/accommodations. Also information relevant to a lawsuit (where pt has
raised issue of mental health). May NOT disclose diagnosis or other confidential info
If self referred: nothing disclosed without consent
Evidence code 1024 - CORRECT ANSWER - No privilege exists in a legal proceeding where
therapist believes the patient's mental or emotional condition causes him to be a danger to self or
the person or property of others and disclosure is needed to PREVENT DANGER
When can a minor consent to mental health treatment? - CORRECT ANSWER - Age 12 or
older
Mature enough to participate
Evidence code 1016 - CORRECT ANSWER - No privilege in proceedings in which the
patient (or any party claiming through or under the patient) raises the issue of pt's mental or
emotional condition (e.g, workers comp suit) UNLESS allegations are only of physical harm
Evidence code 1018 - CORRECT ANSWER - No privilege if therapist services sought to aid
commitment of a crime or escape detection
Privilege surrounding deceased people - CORRECT ANSWER - None with regard to pt's
intent with a deed, will or other concerning deceased persons intent
Is there privilege when patient alleges a therapist breach of duty? - CORRECT ANSWER -
No. Therapist can produce records in defense
CORRECT Answers
Single act of therapist exploitation punishment - CORRECT ANSWER - May result in:
license revocation
County jail up to 6 months
$1000 or both
Probation. When can one petition for reinstatement? - CORRECT ANSWER - 1 year for
probation <3 years
2 years for 3 or more year probation
At least 3 years of license revoked, suspended or surrendered
When is privilege automatically waived? - CORRECT ANSWER - Any time confidential
communication is disclosed by patient to an unauthorized 3rd person
Consequences of committing a felony - CORRECT ANSWER - License suspended while
incarcerated
Once released license may be reactivated depending on felony committed or Board may elect to
pursue action against licensee upon release
Evidence code 1017 - CORRECT ANSWER - No privilege exists when the therapist is
appointed by the court or board of prisons to examine patient
Evidence code 1023 - CORRECT ANSWER - No privilege exists in proceedings initiated at
the request of the defendant to determine sanity in a criminal action suit
Evidence code 1025 - CORRECT ANSWER - No privilege in proceedings brought by a
patient or attorney to determine competence
, If an attorney hires you to assess a client, who is the client? - CORRECT ANSWER - Patient
is the client. Therapist-patient privilege applies.
If the information is used to help put together a legal strategy, the information can remain in
confidence with attorney-client privilege
What EAP info can be disclosed? - CORRECT ANSWER - If referred by employer: fitness
for work, functional limits/accommodations. Also information relevant to a lawsuit (where pt has
raised issue of mental health). May NOT disclose diagnosis or other confidential info
If self referred: nothing disclosed without consent
Evidence code 1024 - CORRECT ANSWER - No privilege exists in a legal proceeding where
therapist believes the patient's mental or emotional condition causes him to be a danger to self or
the person or property of others and disclosure is needed to PREVENT DANGER
When can a minor consent to mental health treatment? - CORRECT ANSWER - Age 12 or
older
Mature enough to participate
Evidence code 1016 - CORRECT ANSWER - No privilege in proceedings in which the
patient (or any party claiming through or under the patient) raises the issue of pt's mental or
emotional condition (e.g, workers comp suit) UNLESS allegations are only of physical harm
Evidence code 1018 - CORRECT ANSWER - No privilege if therapist services sought to aid
commitment of a crime or escape detection
Privilege surrounding deceased people - CORRECT ANSWER - None with regard to pt's
intent with a deed, will or other concerning deceased persons intent
Is there privilege when patient alleges a therapist breach of duty? - CORRECT ANSWER -
No. Therapist can produce records in defense
