Clinical Practice UPDATED ACTUAL Exam
Questions and CORRECT Answers
What is the difference between confidentiality and privilege? - CORRECT ANSWER -
Confidentiality is the client's right to have information shared within therapy stay between the
therapist and client. Privilege is the client's right to keep information discussed in therapy out of
legal proceedings.
What are the two basic principles related to breaking confidentiality? - CORRECT
ANSWER - 1. No surprises
2. Share the absolute minimum
What are the limits to confidentiality? - CORRECT ANSWER - 1. Patient consent
2. Treatment emergencies
3. Harm to self, harm to others, and grave disability
4. Quality of care review
5. Multidisciplinary care
6. Subpoenas, court orders, and other legal requirements
7. Crimes involving hospitalized patients
8. Employee Programs
9. Mandated reporting
What is the difference between holding privilege and claiming privilege? - CORRECT
ANSWER - Only the holder of privilege has the right to invoke or waive privilege.
Who can hold privilege - CORRECT ANSWER - 1. Clients
2. Legal guardians and conservators
3. Client representatives
, Who can claim privilege? - CORRECT ANSWER - 1. The holder of privilege
2. Those authorized by the holder of privilege
3. The therapist
What are exceptions to privilege? - CORRECT ANSWER - 1. When the client's mental health
is the reason for the legal case
2. For court ordered evaluations
3. When therapy is used to commit a crime or avoid being detained (e.g. using therapy as an
alibi)
4. For issues regarding a deceased client's will or final words that only the therapist knows about
5. When client is a danger to self, others, or property AND disclosure can prevent the harm from
occurring
6. When the client or therapist is required to make a report that is open to public inspection
7. When the client is under 16, is a victim of a crime, and disclosure is in the best interest of the
client
8. When client or therapist alleges a breach in duty
What happens when a therapist receives a subpoena? - CORRECT ANSWER - The therapist
should contact the client to see whether or not they want to claim privilege.
Subpoenas CANNOT be ignored.
What should a therapist do if a client invokes privilege? - CORRECT ANSWER - The
therapist should ask to be released from the subpoena or have the subpoena modified. If this
request is denied, the therapist should arrive with whatever documents are required from the
subpoena and claim privilege.
What happens if a court order is given after claiming privilege? - CORRECT ANSWER - The
therapist must comply with the court order.