Legal and Ethical LMFT Test UPDATED
ACTUAL Exam Questions and CORRECT
Answers
Describe briefly circumstances under which a therapist MUST break a patient's confidence, -
CORRECT ANSWER - Identifiable victim (Tarasoff Law); duty to protect and child or
elder abuse
when would you not break confidence to notify a potential victim? - CORRECT
ANSWER - When it can cause more problems like gang violence but you can still call
police within 24 hrs
Define Child/Elder Abuse/Dependent Adult Abuse - CORRECT ANSWER - physical,
sexual and neglect, willful cruelty unjustifiable corporal punishment; dependent adult/elderly
abuse such that they need to depend on another adult for their care also includes financial abuse
Dependent Adult - CORRECT ANSWER - a person such that they need to depend on
another adult for their care
and circumstances under which breaking confidence is permitted but not required. - CORRECT
ANSWER - Emotional abuse of a child, suicide, self-harm
What is the difference between privilege and confidentiality? - CORRECT ANSWER -
Privilege is ethical; confidentiality is legal—don't share information about the therapy as is
required or allowed by law.
Who holds the privilege? - CORRECT ANSWER - Client is the holder of the privilege—
typically or the client's guardian or conservator
Explain some important exceptions to the privilege. (Evidence Code 1016 and 1024, at a
minimum) - CORRECT ANSWER - NEEDS DEFINITION
, Legality surrounding Elder Abuse and report making? - CORRECT ANSWER - Elder
abuse: Call immediately or ASAP and then report is required 48 hrs after
Legality surrounding Child Abuse and report making? - CORRECT ANSWER - Child
Abuse: Call immediately or ASAP and then report is required within 36 hours.
What is a Tarasoff or Duty to Protect situation, and what mandates are imposed? - CORRECT
ANSWER - Identifiable victim directly from the client. Tarasoff law — duty to protect;
unless it can cause more problems like gang violence but you'd still tell the police within 24
hours
Duty to Protect or Duty to Report? - CORRECT ANSWER - Duty to protect
What are the legal and/or ethical considerations when a client is suicidal? - CORRECT
ANSWER - Legally not a HAVE TO but ethically consider breaking confidentiality
Under what circumstances may a patient have access to his/her psychotherapy records? -
CORRECT ANSWER - You are allowed to give them a summary instead of the physical
records or to say I think this will be dangerous for you and say no.
How do the rules surrounding access to records differ when the patient is a minor? - CORRECT
ANSWER - The parents are allowed to request the records but we can argue for our
client/patient relationship
How does a minor become emancipated in California? - CORRECT ANSWER - Marry
legally (anyone under 18 though would be reported child abuse even if married/emancipated like
if husband was beating her you'd report); -must be able to fully be financially independent and
living away from parents already
- must be 14 to get emancipated
ACTUAL Exam Questions and CORRECT
Answers
Describe briefly circumstances under which a therapist MUST break a patient's confidence, -
CORRECT ANSWER - Identifiable victim (Tarasoff Law); duty to protect and child or
elder abuse
when would you not break confidence to notify a potential victim? - CORRECT
ANSWER - When it can cause more problems like gang violence but you can still call
police within 24 hrs
Define Child/Elder Abuse/Dependent Adult Abuse - CORRECT ANSWER - physical,
sexual and neglect, willful cruelty unjustifiable corporal punishment; dependent adult/elderly
abuse such that they need to depend on another adult for their care also includes financial abuse
Dependent Adult - CORRECT ANSWER - a person such that they need to depend on
another adult for their care
and circumstances under which breaking confidence is permitted but not required. - CORRECT
ANSWER - Emotional abuse of a child, suicide, self-harm
What is the difference between privilege and confidentiality? - CORRECT ANSWER -
Privilege is ethical; confidentiality is legal—don't share information about the therapy as is
required or allowed by law.
Who holds the privilege? - CORRECT ANSWER - Client is the holder of the privilege—
typically or the client's guardian or conservator
Explain some important exceptions to the privilege. (Evidence Code 1016 and 1024, at a
minimum) - CORRECT ANSWER - NEEDS DEFINITION
, Legality surrounding Elder Abuse and report making? - CORRECT ANSWER - Elder
abuse: Call immediately or ASAP and then report is required 48 hrs after
Legality surrounding Child Abuse and report making? - CORRECT ANSWER - Child
Abuse: Call immediately or ASAP and then report is required within 36 hours.
What is a Tarasoff or Duty to Protect situation, and what mandates are imposed? - CORRECT
ANSWER - Identifiable victim directly from the client. Tarasoff law — duty to protect;
unless it can cause more problems like gang violence but you'd still tell the police within 24
hours
Duty to Protect or Duty to Report? - CORRECT ANSWER - Duty to protect
What are the legal and/or ethical considerations when a client is suicidal? - CORRECT
ANSWER - Legally not a HAVE TO but ethically consider breaking confidentiality
Under what circumstances may a patient have access to his/her psychotherapy records? -
CORRECT ANSWER - You are allowed to give them a summary instead of the physical
records or to say I think this will be dangerous for you and say no.
How do the rules surrounding access to records differ when the patient is a minor? - CORRECT
ANSWER - The parents are allowed to request the records but we can argue for our
client/patient relationship
How does a minor become emancipated in California? - CORRECT ANSWER - Marry
legally (anyone under 18 though would be reported child abuse even if married/emancipated like
if husband was beating her you'd report); -must be able to fully be financially independent and
living away from parents already
- must be 14 to get emancipated
