LMFT Law & Ethics Exam UPDATED
ACTUAL Exam Questions and CORRECT
Answers
legally required disclosures - CORRECT ANSWER - o Licensure or registration status
o BBS complaint process
o Use of telehealth
o Privacy policy
o Fee and the basis on which it was computed
o Good faith estimate
laws regarding informed consent - CORRECT ANSWER - § Before any health care
professional can perform treatment, they need consent from the person being treated or from
someone authorized to consent on that person's behalf
§ Some exceptions (emergency situations)
§ Anyone being treated via telehealth must give specific consent for telehealth
laws about treating minors (consent) - CORRECT ANSWER - § Anyone under age 18 is a
minor
§ Minor consent can be provided by a parent or legal guardian
· Consent can be provided by adult in same household w/ Caregiver's Authorization Affidavit
· Can be complex in cases of divorce or one parent objecting
§ Minor 12 or older can independently consent
· Parents must be contacted, or reason for not doing so documented
· parents do not have right to access records
· parents cannot be forced to pay for treatment
,laws about treating minors (voluntary & involuntary care) - CORRECT ANSWER -§
Independent consent law (12) only applies to outpatient mental health care and residential shelter
services, not to surgery, medication, or voluntary hospitalization
§ Like with adults, a minor who is a danger to themselves or others, or gravely disabled, can be
involuntarily hospitalized
§ Involuntarily hospitalized minors under 16 cannot be hospitalized w/ adults
laws about treating minors (access to information) - CORRECT ANSWER - § Parents who
consented for minor's treatment can request records
§ Therapist can refuse request if therapist believes release would be harmful to the minor or the
therapeutic relationship
§ Parents have right to appeal this (third party clinician reviews and decides if records should be
released or not)
§ Parents do not have right to records for treatment to which they did not consent
laws about treating minors (payment for services) - CORRECT ANSWER - § Parents
responsible for payment for services where they provided consent
§ Parents cannot be required to pay for services to which they did not consent
laws about treating minors (third-party payers) - CORRECT ANSWER - § Releasing
records to a third party requires consent of all participating family members who could have
consented
§ Minor consenting on their own may still use parents' insurance, but this could expose some
info about treatment to the parents
rules around confidential communications - CORRECT ANSWER - § Unless specific
exception applies, all info gained from client in counseling context should remain confidential
§ Even existence of counseling relationship is confidential
§ If sharing confidential information, simply leaving off client's name is not enough
confidentiality w/ diff units of tx - CORRECT ANSWER - § Confidentiality is an
individual right
,§ For couple or family treatment, releasing records to any participant requires consent from all
participants who consented to treatment
§ In group therapy, if maintaining individual records, do not name or reference other group
participants
major exceptions to confidentiality - CORRECT ANSWER - · Suspected child abuse
· Suspected elder or dependent adult abuse
· Danger to self
· Danger to others
· Legal authorization
if you legally must break confidentiality... - CORRECT ANSWER - · Share minimum
amount of info necessary
· Document disclosure and reason
· Generally not legally obligated to inform client
if you legally can break confidentiality - CORRECT ANSWER - · Err on side of
maintaining confidentiality
what is privilege - CORRECT ANSWER - § Specifically legal term, and more limited than
confidentiality
§ Kinds of information that can come out in court proceeding
§ Therapist-client communications are generally privileged: they cannot be used in court
who is holder of privilege - CORRECT ANSWER - § Clients generally hold their own
privilege, even minors
§ Judge may block minor (or adult, for that matter) from waiving privilege if judge believes
waiving privilege is not in person's best interest
§ Decision to waive privilege is never up to the therapist (always up to holder or privilege or to
judge)
, when can you release privileged info - CORRECT ANSWER - o Can only give records or
testimony to court if privilege has been waived by client, or judge determined privilege does not
apply
request for records or testimony (or subpoenas) - CORRECT ANSWER - § Request for
records or testimony
§ From judge, treat as order (mandate) - if it comes from an attorney, treat as a request (not an
order)
if you receive a subpoena... - CORRECT ANSWER - · Contact attorney
· Assess subpoena for source and validity
· Contact client to determine their wishes
· Assert privilege unless client has waived or judge has determined an exception applies
client access to records - CORRECT ANSWER - § Records are employer's property, but
client has right to access, with some limitations
responses to client request for records - CORRECT ANSWER - § In accordance with
client request: (needs to be in writing)
· Within 5 days, allow client to inspect records
· Within 10 days, provide treatment summary
· Within 15 days, provide client copy of their records (can charge, but it needs to be reasonable)
if you believe record release would be harmful to client, you can... - CORRECT
ANSWER - refuse
· Document decision and rationale, inform client of right to appeal this decision
· Clients can have records forwarded to other professional, who makes final determination
· Clients can't alter existing records, but they have legal right to demand a short statement from
them included in their file
ACTUAL Exam Questions and CORRECT
Answers
legally required disclosures - CORRECT ANSWER - o Licensure or registration status
o BBS complaint process
o Use of telehealth
o Privacy policy
o Fee and the basis on which it was computed
o Good faith estimate
laws regarding informed consent - CORRECT ANSWER - § Before any health care
professional can perform treatment, they need consent from the person being treated or from
someone authorized to consent on that person's behalf
§ Some exceptions (emergency situations)
§ Anyone being treated via telehealth must give specific consent for telehealth
laws about treating minors (consent) - CORRECT ANSWER - § Anyone under age 18 is a
minor
§ Minor consent can be provided by a parent or legal guardian
· Consent can be provided by adult in same household w/ Caregiver's Authorization Affidavit
· Can be complex in cases of divorce or one parent objecting
§ Minor 12 or older can independently consent
· Parents must be contacted, or reason for not doing so documented
· parents do not have right to access records
· parents cannot be forced to pay for treatment
,laws about treating minors (voluntary & involuntary care) - CORRECT ANSWER -§
Independent consent law (12) only applies to outpatient mental health care and residential shelter
services, not to surgery, medication, or voluntary hospitalization
§ Like with adults, a minor who is a danger to themselves or others, or gravely disabled, can be
involuntarily hospitalized
§ Involuntarily hospitalized minors under 16 cannot be hospitalized w/ adults
laws about treating minors (access to information) - CORRECT ANSWER - § Parents who
consented for minor's treatment can request records
§ Therapist can refuse request if therapist believes release would be harmful to the minor or the
therapeutic relationship
§ Parents have right to appeal this (third party clinician reviews and decides if records should be
released or not)
§ Parents do not have right to records for treatment to which they did not consent
laws about treating minors (payment for services) - CORRECT ANSWER - § Parents
responsible for payment for services where they provided consent
§ Parents cannot be required to pay for services to which they did not consent
laws about treating minors (third-party payers) - CORRECT ANSWER - § Releasing
records to a third party requires consent of all participating family members who could have
consented
§ Minor consenting on their own may still use parents' insurance, but this could expose some
info about treatment to the parents
rules around confidential communications - CORRECT ANSWER - § Unless specific
exception applies, all info gained from client in counseling context should remain confidential
§ Even existence of counseling relationship is confidential
§ If sharing confidential information, simply leaving off client's name is not enough
confidentiality w/ diff units of tx - CORRECT ANSWER - § Confidentiality is an
individual right
,§ For couple or family treatment, releasing records to any participant requires consent from all
participants who consented to treatment
§ In group therapy, if maintaining individual records, do not name or reference other group
participants
major exceptions to confidentiality - CORRECT ANSWER - · Suspected child abuse
· Suspected elder or dependent adult abuse
· Danger to self
· Danger to others
· Legal authorization
if you legally must break confidentiality... - CORRECT ANSWER - · Share minimum
amount of info necessary
· Document disclosure and reason
· Generally not legally obligated to inform client
if you legally can break confidentiality - CORRECT ANSWER - · Err on side of
maintaining confidentiality
what is privilege - CORRECT ANSWER - § Specifically legal term, and more limited than
confidentiality
§ Kinds of information that can come out in court proceeding
§ Therapist-client communications are generally privileged: they cannot be used in court
who is holder of privilege - CORRECT ANSWER - § Clients generally hold their own
privilege, even minors
§ Judge may block minor (or adult, for that matter) from waiving privilege if judge believes
waiving privilege is not in person's best interest
§ Decision to waive privilege is never up to the therapist (always up to holder or privilege or to
judge)
, when can you release privileged info - CORRECT ANSWER - o Can only give records or
testimony to court if privilege has been waived by client, or judge determined privilege does not
apply
request for records or testimony (or subpoenas) - CORRECT ANSWER - § Request for
records or testimony
§ From judge, treat as order (mandate) - if it comes from an attorney, treat as a request (not an
order)
if you receive a subpoena... - CORRECT ANSWER - · Contact attorney
· Assess subpoena for source and validity
· Contact client to determine their wishes
· Assert privilege unless client has waived or judge has determined an exception applies
client access to records - CORRECT ANSWER - § Records are employer's property, but
client has right to access, with some limitations
responses to client request for records - CORRECT ANSWER - § In accordance with
client request: (needs to be in writing)
· Within 5 days, allow client to inspect records
· Within 10 days, provide treatment summary
· Within 15 days, provide client copy of their records (can charge, but it needs to be reasonable)
if you believe record release would be harmful to client, you can... - CORRECT
ANSWER - refuse
· Document decision and rationale, inform client of right to appeal this decision
· Clients can have records forwarded to other professional, who makes final determination
· Clients can't alter existing records, but they have legal right to demand a short statement from
them included in their file
